PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 15. DRIVER LICENSE RULES
SUBCHAPTER D. DRIVER IMPROVEMENT
The Texas Department of Public Safety (the department) adopts amendments to §15.89, concerning Moving Violations. This rule is adopted without changes to the proposed text as published in the October 25, 2024, issue of the Texas Register (49 TexReg 8546) and will not be republished.
The proposed amendments modify the list of traffic offenses involving the operation of a motor vehicle that constitute a moving violation and identify what a moving violation does and does not include.
The department accepted comments on the proposed amendments through November 25, 2024. Written comments relating to §15.89 were submitted by an individual. The substantive comments received and the department's responses are summarized below.
COMMENT: The department should not remove texting and cell phone use from the list of moving violations.
RESPONSE: Under Texas Transportation Code §542.304(b)(2)(D), texting while driving is not a moving violation, but it is an offense under §545.4251, which pertains to the operation and movement of vehicles. Therefore, convictions for this offense will appear on a driver's record. However, there is no state offense for driving while using a cell phone, unless the driver is a minor or driving a bus. No changes were made to the proposal based on this comment.
COMMENT: The department should include inattentive driving as a moving violation.
RESPONSE: Inattentive driving is not a state offense defined in the Transportation Code. However, related offenses like careless driving, disregarding traffic signals, and impeding traffic are included and may be considered forms of inattentive driving. No changes were made to the proposal based on this comment.
COMMENT: The department should include operating uninsured or underinsured vehicle as a moving violation.
RESPONSE: Uninsured or underinsured vehicles are not moving violations as they fall under the Motor Vehicle Safety Responsibility Act (Transportation Code, Chapter 601). The department administers this law, and convictions for these offenses will appear on a driver's record. No changes were made to the proposal based on this comment.
COMMENT: The department should include "lights on when wipers are on" as a moving violation.
RESPONSE: Under Texas Transportation Code §547.302, drivers are not required to use their headlights solely because their windshield wipers are on. However, they must use headlights when visibility is limited to 1,000 feet or less, or in conditions of poor visibility like rain, snow, fog, or dust. No changes were made to the proposal based on this comment.
This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code §521.005, which authorizes the department to adopt rules necessary to administer Chapter 521 of the Transportation Code; and §542.304 which authorizes the department to designate by rule the offenses involving the operation of a motor vehicle that constitute a moving violation of the traffic law.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 12, 2024.
TRD-202405970
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: January 1, 2025
Proposal publication date: October 25, 2024
For further information, please call: (512) 424-5848
SUBCHAPTER A. VEHICLE INSPECTION STATION AND VEHICLE INSPECTOR CERTIFICATION
37 TAC §§23.1, 23.3, 23.5, 23.6
The Texas Department of Public Safety (the department) adopts amendments to §§23.1, 23.3, 23.5, and 23.6, concerning Vehicle Inspection Station And Vehicle Inspector Certification. These rules are adopted without changes to the proposed text as published in the October 25, 2024, issue of the Texas Register (49 TexReg 8547) and will not be republished.
The amendments implement House Bill 3297, 88th Leg., R.S. (2023), which eliminates the safety inspection program for personal (non-commercial) vehicles, effective January 1, 2025. The amendments update, clarify, or simplify existing rules and provide conformity with other amendments, including elimination of driving while intoxicated as a disqualifying offense for licensure and changing the license renewal dates from August 31 to December 31 to align with discontinuation of the safety inspection program on January 1.
No comments were received regarding the adoption of these rules.
These rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; §411.511, which authorizes the Public Safety Commission to adopt a system by rule under which licenses expire on various dates during the year; Texas Transportation Code, §548.002, which authorizes the Department of Public Safety to adopt rules to enforce Chapter 548; §548.301(b), which authorizes the Public Safety Commission to establish by rule a motor vehicle emissions inspection and maintenance program for vehicles specified by the conservation commission; §548.401, which authorizes the Department of Public Safety to adopt rules for the certification of inspectors and inspection stations; §548.403, which authorizes the Department of Public Safety to adopt rules for the certification of inspection stations; and §548.4055, which authorizes the Public Safety Commission to adopt rules necessary to comply with Occupations Code, Chapter 53.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 12, 2024.
TRD-202405971
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: January 1, 2025
Proposal publication date: October 25, 2024
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts amendments to §§23.11 - 23.13, concerning General Vehicle Inspection Station Requirements. These rules are adopted without changes to the proposed text as published in the October 25, 2024, issue of the Texas Register (49 TexReg 8550) and will not be republished.
The amendments implement House Bill 3297, 88th Leg., R.S. (2023), which eliminates the safety inspection program for personal (non-commercial) vehicles, effective January 1, 2025. The amendments update, clarify, or simplify existing rules and provide conformity with other amendments, including adding a web link for the DPS Training and Operations Manual, removing references to non-commercial vehicles inspections, and specifying applicability to commercial vehicles.
No comments were received regarding the adoption of these rules.
These rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code, §548.002, which authorizes the Department of Public Safety to adopt rules to enforce Chapter 548; §548.252, which authorizes the Department of Public Safety to adopt rules relating to the issuance and content of vehicle inspection reports; §548.301(b), which authorizes the Public Safety Commission to adopt rules to establish a motor vehicle emissions inspection and maintenance program for vehicles specified by the conservation commission; §548.403, which authorizes the Department of Public Safety to adopt rules for the certification of inspection stations; and §548.407(e), which authorize the Public Safety Commission to adopt rules to implement §548.407.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 12, 2024.
TRD-202405972
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: January 1, 2025
Proposal publication date: October 25, 2024
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts amendments to §23.21 and §23.22, concerning Vehicle Inspection Station Operation. These rules are adopted without changes to the proposed text as published in the October 25, 2024, issue of the Texas Register (49 TexReg 8553) and will not be republished.
The amendments implement House Bill 3297, 88th Leg., R.S. (2023), which eliminates the safety inspection program for personal (non-commercial) vehicles, effective January 1, 2025. The amendments update, clarify, or simplify existing rules and provide conformity with other amendments, including adding that vehicle inspection stations must use the electronic station interface device to issue vehicle inspection reports and adding that a fine may be assessed if a vehicle inspector shares a unique identifier protocol with another.
No comments were received regarding the adoption of these rules.
These rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code, §548.002, which authorizes the Department of Public Safety to adopt rules to enforce Chapter 548; §548.252, which authorizes the Department of Public Safety to adopt rules relating to the issuance and content of vehicle inspection reports; and §548.301(b), which authorizes the Public Safety Commission to adopt rules to establish a motor vehicle emissions inspection and maintenance program for vehicles specified by the conservation commission.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 12, 2024.
TRD-202405973
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: January 1, 2025
Proposal publication date: October 25, 2024
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts the repeal of §23.26, concerning Retention of Records. This repeal is adopted without changes to the proposed text as published in the October 25, 2024, issue of the Texas Register (49 TexReg 8554) and will not be republished.
This repeal is necessary because vehicle inspection reports and out of state identification certificates are now submitted electronically by the licensees, therefore retention of physical records is no longer required.
No comments were received regarding the adoption of this repeal.
This repeal is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code, §548.002, which authorizes the Department of Public Safety to adopt rules to enforce Chapter 548; and §548.301(b), which authorizes the Public Safety Commission to adopt rules to establish a motor vehicle emissions inspection and maintenance program for vehicles specified by the conservation commission.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 12, 2024.
TRD-202405974
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: January 1, 2025
Proposal publication date: October 25, 2024
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts the repeal of §23.41, concerning Passenger (Non-Commercial) Vehicle Inspection Items. This repeal is adopted without changes to the proposed text as published in the October 25, 2024, issue of the Texas Register (49 TexReg 8555) and will not be republished.
This rule is being repealed in response to House Bill 3297, 88th Leg., R.S. (2023), which eliminates the safety inspection program for personal (non-commercial) vehicles, effective January 1, 2025.
No comments were received regarding the adoption of this repeal.
This repeal is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Transportation Code, §548.002, which authorizes the Department of Public Safety to adopt rules to enforce Chapter 548.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 12, 2024.
TRD-202405976
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: January 1, 2025
Proposal publication date: October 25, 2024
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts amendments to §23.42, concerning Commercial Vehicle Inspection Items. This rule is adopted without changes to the proposed text as published in the October 25, 2024, issue of the Texas Register (49 TexReg 8556) and will not be republished.
The amendments implement House Bill 3297, 88th Leg., R.S. (2023), which eliminates the safety inspection program for personal (non-commercial) vehicles, effective January 1, 2025. The amendments update, clarify, or simplify existing rules and provide conformity with other amendments, including moving and adding language from current §23.41 (to be repealed) relating to the inspection of vehicles equipped with compressed natural gas fuel systems and adding a web link for the DPS Training and Operations Manual.
No comments were received regarding the adoption of this rule.
This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Transportation Code, §548.002, which authorizes the Department of Public Safety to adopt rules to enforce Chapter 548; and §548.252, which authorizes the Department of Public Safety to adopt rules relating to the issuance and content of vehicle inspection reports.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 12, 2024.
TRD-202405975
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: January 1, 2025
Proposal publication date: October 25, 2024
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts amendments to §§23.51 - 23.53, concerning Vehicle Emissions Inspection and Maintenance Program. These rules are adopted without changes to the proposed text as published in the October 25, 2024, issue of the Texas Register (49 TexReg 8557) and will not be republished.
The amendments implement House Bill 3297, 88th Leg., R.S. (2023), which eliminates the safety inspection program for personal (non-commercial) vehicles, effective January 1, 2025. The amendments update, clarify, or simplify existing rules and provide conformity with other amendments, including removing references related to personal vehicle safety inspections, specifying applicability to commercial vehicles, and adding a web link for the State Implementation Plan.
No comments were received regarding the adoption of these rules.
These rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code, §548.002, which authorizes the Department of Public Safety to adopt rules to enforce Chapter 548; and §548.301(b), which authorizes the Public Safety Commission to adopt rules to establish a motor vehicle emissions inspection and maintenance program for vehicles specified by the conservation commission.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 12, 2024.
TRD-202405977
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: January 1, 2025
Proposal publication date: October 25, 2024
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts amendments to §23.62 and §23.63, concerning Violations and Administrative Penalties. These rules are adopted without changes to the proposed text as published in the October 25, 2024, issue of the Texas Register (49 TexReg 8561) and will not be republished.
The amendments implement House Bill 3297, 88th Leg., R.S. (2023), which eliminates the safety inspection program for personal (non-commercial) vehicles, effective January 1, 2025. The amendments update, clarify, or simplify existing rules or provide conformity with other amendments, including updating the violations and penalty schedule, adding certain violations, and clarifying the role of settlement conferences.
No comments were received regarding the adoption of these rules.
These rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code, §548.002, which authorizes the Department of Public Safety to adopt rules to enforce Chapter 548; §548.301(b), which authorizes the Public Safety Commission to adopt rules to establish a motor vehicle emissions inspection and maintenance program for vehicles specified by the conservation commission; and §548.407(e), which authorizes the Public Safety Commission to adopt rules to implement §548.407.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 12, 2024.
TRD-202405979
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: January 1, 2025
Proposal publication date: October 25, 2024
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts amendments to §§23.71 - 23.73, concerning Vehicle Inspection Advisory Committee. These rules are adopted without changes to the proposed text as published in the October 25, 2024, issue of the Texas Register (49 TexReg 8565) and will not be republished.
The amendments clarify and update the rules relating to the Vehicle Inspection Advisory Committee, including that department staff will make a record of attendance for each meeting and that the alternating acting presiding officer will prepare the agenda for the meeting over which the officer will be presiding.
No comments were received regarding the adoption of these rules.
These rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Transportation Code, §548.002, which authorizes the Department of Public Safety to adopt rules to enforce Chapter 548.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 12, 2024.
TRD-202405980
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: January 1, 2025
Proposal publication date: October 25, 2024
For further information, please call: (512) 424-5848
CHAPTER 152. CORRECTIONAL INSTITUTIONS DIVISION
SUBCHAPTER A. MISSION AND ADMISSIONS
The Texas Board of Criminal Justice (board) adopts amendments to §152.1, concerning Correctional Institutions Division, without changes to the proposed text as published in the September 6, 2024, issue of the Texas Register (49 TexReg 6979). The rule will not be republished.
The adopted amendments revise "offender" to "inmate" throughout and remove a reference to transfer facilities.
No comments were received regarding the amendments.
The amendments are adopted under Texas Government Code §492.013, which authorizes the board to adopt rules; and §493.0021, which establishes organizational flexibility.
Cross Reference to Statutes: None.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 16, 2024.
TRD-202406044
Stephanie Greger
General Counsel
Texas Department of Criminal Justice
Effective date: January 5, 2025
Proposal publication date: September 6, 2024
For further information, please call: (936) 437-6700
37 TAC §§152.21, 152.23, 152.25, 152.27
The Texas Board of Criminal Justice (board) adopts amendments to Chapter 152, Subchapter B, concerning Correctional Capacity, without changes to the proposed text as published in the September 6, 2024, issue of the Texas Register (49 TexReg 6979). The rules will not be republished.
The adopted amendments revise "offender" to "inmate" and make grammatical updates throughout the subchapter; and revise §152.25 to amend the title, update the names of units, remove units that were sold or closed with no possibility of reopening, and update the maximum rated capacity of individual units. The adopted amendments have been reviewed by legal counsel and found to be within the board's authority to adopt.
The board received comments on the proposed amendments from Aletia Stewart.
Ms. Stewart suggests that the expansion of capacity at the Stiles Unit means all inmates will inevitably have a cellmate.
The TBCJ disagrees. In-depth assessments of a unit's ability to meet an inmate's medical, security, program, and other needs will continue to be performed. Specific housing assignments, including whether an inmate requires a single cell, will continue to be made on an individualized basis. If an inmate who requires a single cell will be impacted by this change in capacity, then that inmate will be reassigned and housed appropriately to ensure medical and security needs continue to be met.
Ms. Stewart suggests that being in a confined space with others may exacerbate psychological conditions for inmates.
The TBCJ disagrees. When determining classification and placement, psychological needs will be considered, and decisions will continue to be made on an individualized basis. If an inmate who requires a single cell will be impacted by this change in capacity, then that inmate will be reassigned and housed appropriately to ensure medical and security needs continue to be met.
Ms. Stewart suggests that converting cells from single-occupancy to double-occupancy may place inmates with disabilities in potentially dangerous situations.
The TBCJ disagrees. When determining classification and placement, whether an inmate has a disability will be considered, and decisions will continue to be made on an individualized basis. If an inmate who requires a single cell will be impacted by this change in capacity, then that inmate will be reassigned and housed appropriately to ensure medical and security needs continue to be met.
The amendments are adopted under Texas Government Code §492.013, which authorizes the board to adopt rules; and §499.102-.110, which establishes procedures for determining unit and system capacity.
Cross Reference to Statutes: None.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 16, 2024.
TRD-202406047
Stephanie Greger
General Counsel
Texas Department of Criminal Justice
Effective date: January 5, 2025
Proposal publication date: September 6, 2024
For further information, please call: (936) 437-6700
The Texas Board of Criminal Justice (board) adopts amendments to §163.31, concerning Sanctions, Programs, and Services, without changes to the proposed text as published in the September 6, 2024, issue of the Texas Register (49 TexReg 6980). The rule will not be republished.
The adopted amendments revise presentence and postsentence investigations to mirror statutory language; revise continuum of sanctions to progressive sanctions throughout; update references to Texas Gov't Code; and make grammatical and formatting updates. The adopted amendments have been reviewed by legal counsel and found to be within the board's authority to adopt.
No comments were received regarding the amendments.
The amendments are adopted under Texas Government Code §492.013, which authorizes the board to adopt rules; and §509.003, which authorizes the board to adopt reasonable rules establishing standards and procedures for the TDCJ Community Justice Assistance Division.
Cross Reference to Statutes: None.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 16, 2024.
TRD-202406045
Stephanie Greger
General Counsel
Texas Department of Criminal Justice
Effective date: January 5, 2025
Proposal publication date: September 6, 2024
For further information, please call: (936) 437-6700
The Texas Board of Criminal Justice (board) adopts amendments to §163.37, concerning Reports and Records, without changes to the proposed text as published in the September 6, 2024, issue of the Texas Register (49 TexReg 6981). The rule will not be republished.
The adopted amendments revise presentence report and postsentence report to mirror statutory language. The adopted amendments have been reviewed by legal counsel and found to be within the board's authority to adopt.
No comments were received regarding the amendments.
The amendments are adopted under Texas Government Code §492.013, which authorizes the board to adopt rules; and §509.003, which authorizes the board to adopt reasonable rules establishing standards and procedures for the TDCJ Community Justice Assistance Division.
Cross Reference to Statutes: None.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 16, 2024.
TRD-202406046
Stephanie Greger
General Counsel
Texas Department of Criminal Justice
Effective date: January 5, 2025
Proposal publication date: September 6, 2024
For further information, please call: (936) 437-6700
CHAPTER 449. HEAD OF A FIRE DEPARTMENT
The Texas Commission on Fire Protection (the Commission) adopts the amendments to 37 Texas Administrative Code Chapter 449, Head of Fire Department, concerning §449.3. Minimum Standards for Head of a Suppression Fire Department Certification and §449.203. Minimum Standards for Head of a Prevention Only Fire Department Certification.
The amendments are adopted without changes as published in the September 20, 2024, issue of the Texas Register (49 TexReg 7631). The purpose of the proposed amendments in §449.3 and §449.203 is to add additional meeting options for the certification requirements.
SUBCHAPTER A. MINIMUM STANDARDS FOR HEAD OF A SUPPRESSION FIRE DEPARTMENT
These amendments are adopted under Texas Government Code §419.008(a), which provides the Commission may adopt rules for the administration of its powers and duties.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 10, 2024.
TRD-202405932
Frank King
General Counsel
Texas Commission on Fire Protection
Effective date: December 30, 2024
Proposal publication date: September 20, 2024
For further information, please call: (512) 936-3824
The amended sections are adopted under Texas Government Code §419.008(a), which provides the Commission may adopt rules for the administration of its powers and duties.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 10, 2024.
TRD-202405934
Frank King
General Counsel
Texas Commission on Fire Protection
Effective date: December 30, 2024
Proposal publication date: September 20, 2024
For further information, please call: (512) 936-3824