PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 15. DRIVER LICENSE RULES
SUBCHAPTER B. APPLICATION REQUIREMENTS--ORIGINAL, RENEWAL, DUPLICATE, IDENTIFICATION CERTIFICATES
The Texas Department of Public Safety (the department) adopts amendments to §15.31, concerning Out-of-State Renewals and Duplicates. This rule is adopted without changes to the proposed text as published in the December 27, 2024, issue of the Texas Register (49 TexReg 10491) and will not be republished.
The proposed amendments implement House Bill 3643, 88th Leg., R.S. (2023), by removing the ability to issue a temporary license without a photograph. The amendments also add duplicate licenses, commercial driver licenses without a hazardous materials endorsement, and identification cards to application of the rule. Additionally, this section has been reorganized for readability.
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; Texas Transportation Code §521.005, which authorizes the department to adopt rules necessary to administer Chapter 521 of the Transportation Code; and House Bill 3643, 88th Leg., R.S. (2023).
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 February 13, 2025.
TRD-202500515
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: March 5, 2025
Proposal publication date: December 27, 2024
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts amendments to §15.62, concerning Additional Requirements. This rule is adopted without changes to the proposed text as published in the December 27, 2024, issue of the Texas Register (49 TexReg 10493) and will not be republished.
The proposed amendments rename the Impact Texas Drivers program for skill examination applicants 18 years of age and older to Impact Texas Adult Drivers (ITAD) and allows these applicants to complete either the Impact Texas Adult Drivers (ITAD) program or the Impact Texas Teen Drivers (ITTD) program.
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; Texas Transportation Code §521.005, which authorizes the department to adopt rules necessary to administer Chapter 521 of the Transportation Code.
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 February 13, 2025.
TRD-202500518
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: March 5, 2025
Proposal publication date: December 27, 2024
For further information, please call: (512) 424-5848
CHAPTER 651. DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES
The Texas Forensic Science Commission (Commission) adopts amendments to: (1) 37 Texas Administrative Code Chapter §651.202, Definitions; (2) §615.207, Forensic Analyst and Forensic Technician Licensing Requirements, Including Initial License Term and Fee, Minimum Education and Coursework, General Forensic Examination, Proficiency Monitoring and Mandatory Legal and Professional Responsibility Training; and (3) §651.8, Full Commission Accreditation, to add a definition for "inactive" forensic analyst and forensic technician licenses without changes to the text as proposed in the December 20, 2024, issue of the Texas Register (49 TexReg 10322) and will not be republished. The adopted amendments further clarify the accredited laboratory's obligation and the licensee's obligation to report employment changes to the Commission in instances where Commission-licensed forensic analysts and forensic technicians experience changes in employment with an accredited laboratory. Under the current accredited laboratory rules, there is no express laboratory obligation to report changes in employment for commission-licensed employees. The rule changes also add the word "forensic" to the Commission's "technician" definition for clarity.
Reasoned Justification for Rule Adoption. The adopted amendments add a definition for "inactive" forensic analyst and forensic technician licenses to provide clarity to the meaning of the "inactive" status. Under the current rules, there is not a clear definition of the "inactive" designation for a license. Licensees are deemed inactive when they are no longer performing forensic analysis on behalf of an accredited laboratory or if their license expires and they still have ninety (90) days to reinstate the license. The adopted amendments further clarify the accredited laboratory and licensee's two-fold obligation to report employment changes to the Commission in instances where commission-licensed forensic analysts and forensic technicians experience changes in employment with an accredited laboratory, so the Commission is able to accurately reflect reported license statuses in its public database. Under the current accredited laboratory rules, there is no express requirement for laboratories to report changes in employment for commission-licensed employees and license "active" or "inactive" statuses may be reflected inaccurately when there are changes in employment by a licensee. The proposed amendments also make minor grammatical changes.
Public Comment. Pursuant to § 2001.029 of the Texas Government Code, the Commission gave all interested persons a reasonable opportunity to provide oral and/or written comments concerning the adoption of the rules. The public comment period began on December 20, 2024, and ended on January 24, 2025. The Commission did not receive any comments from the public.
SUBCHAPTER A. ACCREDITATION
Statutory Authority. The rule is adopted under the general rulemaking authority provided in Code of Criminal Procedure, Article 38.01 §3-a and its authority to license forensic analysts under §4-a(b).
Cross reference to statute. The proposal affects Tex. Code Crim. Proc. art. 38.01.
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 February 14, 2025.
TRD-202500564
Leigh Tomlin
Associate General Counsel
Texas Forensic Science Commission
Effective date: March 6, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 936-0661
Statutory Authority. The rule is adopted under the general rulemaking authority provided in Code of Criminal Procedure, Article 38.01 §3-a and its authority to license forensic analysts under §4-a(b).
Cross reference to statute. The proposal affects Tex. Code Crim. Proc. art. 38.01.
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 February 14, 2025.
TRD-202500563
Leigh Tomlin
Associate General Counsel
Texas Forensic Science Commission
Effective date: March 6, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 936-0661
The Texas Forensic Science Commission (Commission) adopts the repeal of 37 Texas Administrative Code §651.402 without changes as proposed in the December 20, 2024 issue of the Texas Register (49 TexReg 10238), and will not be republished.
Background and Justification. This adoption makes a non-substantive edit to change the section's number to §651.401. The current numbering of the subchapter begins with §651.401, repeats itself with §651.402 and should only display §651.401. The Commission adopts this rule to correct the section by removing §651.402.
Public Comment. Pursuant to §2001.029 of the Texas Government Code, the Commission gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rule. The public comment period ended on January 24, 2025, and the Commission did not receive any comments from the public.
Statutory Authority. The adoption is made in accordance with the Commission's rulemaking authority under Art. 38.01 § 3-a, which directs the Commission to adopt rules necessary to implement Code of Criminal Procedure, Art. 38.01. This rulemaking is also proposed under Texas Government Code Section 2001.003(6)(B), which defines "rule" to include repeals.
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 February 12, 2025.
TRD-202500495
Leigh Tomlin
Associate General Counsel
Texas Forensic Science Commission
Effective date: March 4, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 936-0770