Proposed Rules Title 37

TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

CHAPTER 6. LICENSE TO CARRY HANDGUNS

SUBCHAPTER B. ELIGIBILITY AND APPLICATION PROCEDURES FOR A LICENSE TO CARRY A HANDGUN

The Texas Department of Public Safety (the department) proposes amendments to §§6.12, 6.14, and 6.18, concerning Eligibility and Application Procedures for a License to Carry a Handgun. The amendments to §6.12, concerning Fingerprints, remove the peace officer exemption for required electronic fingerprints to comply with current Federal Bureau of Investigation requirements. The amendments to §6.14, concerning Proficiency Requirements, and §6.18, concerning First Responder Certification; Renewal of Certification, make conforming language changes for consistency and remove references to form numbers to allow the department flexibility in consolidating and renumbering forms.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period these rules are in effect there will be no fiscal implications for state or local government or local economies.

Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the sections as proposed. There is no anticipated economic cost to individuals who are required to comply with the rules as proposed. There is no anticipated negative impact on local employment.

Ms. Whittenton has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of these rules will be consistency with federal fingerprint requirements and simplicity in the identification of forms.

The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" means a rule the specific intent of which is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does expand, limit, or repeal an existing regulation. The proposed rulemaking does increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rules are in effect, the proposed rules should not impact positively or negatively the state's economy.

Comments on this proposal may be submitted to Steve Moninger, Regulatory Services Division, Texas Department of Public Safety, P.O Box 4087, MSC 0240, Austin, Texas 78773-0240, or by email to RSD.Rule.Comments@dps.texas.gov. Email submission only is preferred. Comments must be received no later than thirty (30) days from the date of publication of this proposal.

This proposal is made 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 Government Code, §411.1883, which authorizes the department to adopt by rule standards for the first responder training course as authorized in House Bill 1069, 87th Leg., R.S. (2021) and renumbered in House Bill 4595, 88th Leg., R.S. (2023); and Texas Government Code, §411.197, which authorizes the director to adopt rules to administer Subchapter H, License to Carry a Handgun.

Texas Government Code, §§411.004(3), 411.1883, and 411.197 are affected by this proposal.

§6.12.Fingerprints.

(a) Except as provided by §411.175 of the Act, electronic fingerprints are required for all original applicants and must be submitted through the department's approved vendor.

(b) For renewals, if fingerprints on file do not meet current Federal Bureau of Investigation or the department's quality standards, applicants will be required to submit a new set of electronic fingerprints to complete the renewal application process.

~~[(c) Active peace officers are not required to submit electronic fingerprints unless the fingerprints are not on file with the department or those on file are deficient.]~~

§6.14.Proficiency Requirements.

(a) The figure in this section provides the proficiency demonstration requirements applicable to applicants for either a license to carry a handgun or certification as a qualified handgun instructor.

Figure: 37 TAC §6.14(a) (No change.)

(b) An applicant for a license to carry a handgun [~~A handgun license applicant~~] must score at least 70% on both the written examination and the proficiency examination.

(c) An applicant for a license to carry a handgun [~~A handgun license applicant~~] will have three opportunities to pass the written examination and the proficiency examination within a 12-month [~~12 month~~] period.

(d) The qualified handgun instructor or approved online course provider must submit all examination failures to the department on the class completion notification. The notification must indicate if the failure occurred after the [~~handgun license~~] applicant had been given three opportunities to pass the examinations.

(e) On successful completion of the written or proficiency examinations, the qualified handgun instructor or approved online course provider, as applicable, shall certify the [~~handgun license~~] applicant has established his or her proficiency on the form and in the manner determined by the department.

(f) With the exception of first responder certificates of training issued under §6.18 of this title (relating to First Responder Certification; Renewal of Certification), all [~~All LTC-100 and LTC-101~~] certificates of training are valid for two years from the date they are issued by the qualified handgun instructor or approved online course provider [~~of issuance~~]. Any certificate of training that is required in conjunction with an application must be valid on the date the completed application is submitted to the department.

(g) The qualified handgun instructor shall require all [~~handgun license~~] applicants for a license to carry a handgun to complete the range instruction part of the handgun proficiency course before allowing a physical demonstration of handgun proficiency.

§6.18.First Responder Certification; Renewal of Certification.

(a) A [~~handgun~~] license holder who is also a first responder, as defined in Section 46.01, Penal Code, may obtain the first responder certification by:

(1) successfully completing the first responder certification course offered by a qualified handgun instructor who is certified as a first responder instructor; and

(2) submitting a request for a first responder certification, including the certificate of completion [~~(LTC-103)~~] provided by the first responder instructor and any documentation requested by the department establishing the requestor's employment as a first responder.

(b) The first responder certificate of training [~~(LTC-103)~~ ] may be submitted to the department within one year from the date it was issued by the qualified handgun instructor [~~of issuance~~]. The first responder certificate of training must be valid on the date it is submitted to the department.

(c) The first responder certification must be renewed annually by completing the required continuing education course provided by a certified first responder instructor and submitting the certificate of training [~~(LTC-103)~~] to the department. The certificate of continuing education training is valid for six months from the date of issuance. The certificate of continuing education training must be valid on the date the original first responder certificate expires.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 14, 2024.

TRD-202402614

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: July 28, 2024

For further information, please call: (512) 424-5848

SUBCHAPTER F. FIRST RESPONDER INSTRUCTOR CERTIFICATION

37 TAC §6.96

The Texas Department of Public Safety (the department) proposes amendments to §6.96, concerning First Responder Certification Courses, by making minor changes in terminology to maintain consistency with proposed amendments to §§6.12, 6.14, and 6.18.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period this rule is in effect there will be no fiscal implications for state or local government or local economies.

Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.

Ms. Whittenton has determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of this rule will be consistency and simplification of the rules.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does not expand, limit, or repeal an existing regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rule is in effect, the proposed rule should not impact positively or negatively the state's economy.

Texas Government Code, §§411.004(3), 411.1883, and 411.197 are affected by this proposal.

§6.96.First Responder Certification Courses.

(a) The first responder training course described in Government Code, §411.184 may only be provided by a certified first responder instructor, and must be taught using the department approved curriculum, training materials, and examinations.

(b) Following the classroom portion and the practical exercises, applicants [~~students~~] must pass both the department approved final written examination and proficiency demonstration with a score of 90% or better on each. Applicants [~~Students~~] with a score of less than 90% on the final written examination and the proficiency demonstration will not receive a first responder certificate from the department.

(c) On completion of the first responder training course, the certified first responder instructor who conducted the course shall submit a report within five business days to the department indicating whether the applicants [~~participants~~] in the course passed or failed. The report must be submitted in the manner determined by the department.

(d) Certified first responder instructors must comply with this chapter's rules relating to [~~license to a~~] qualified handgun instructor [~~license~~] course scheduling, reporting, and record retention unless otherwise provided in this section.

(e) Certified first responder instructors must submit all failures of written examinations and proficiency demonstrations to the department on the class completion notification. The notification must indicate whether the failure occurred after the [~~handgun license~~] applicant had been given three opportunities to pass the examinations.

(f) On successful completion of the written examinations or proficiency demonstrations, the qualified handgun instructor[,] shall certify the applicant has established the applicant's proficiency on the form and in the manner determined by the department.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 14, 2024.

TRD-202402615

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: July 28, 2024

For further information, please call: (512) 424-5848

CHAPTER 15. DRIVER LICENSE RULES

SUBCHAPTER B. APPLICATION REQUIREMENTS--ORIGINAL, RENEWAL, DUPLICATE, IDENTIFICATION CERTIFICATES

37 TAC §§15.29, 15.34, 15.38

The Texas Department of Public Safety (the department) proposes amendments to §§15.29, 15.34, and 15.38, concerning Application Requirements--Original, Renewal, Duplicate, Identification Certificates. The proposed amendments implement Senate Bill 1518, 88th Leg., R.S. (2023) and Senate Bill 1527, 88th Leg., R.S. (2023).

The amendments to §15.29 add that any driver license or identification certificate holder who is subject to the requirements of Code of Criminal Procedure, Chapter 65, Terrorist Offender Registration Program, is not eligible to renew or apply for a duplicate driver license or identification certificate by alternative methods.

The amendments to §15.34 add that any driver license or identification certificate holder who is subject to the requirements of Penal Code, Chapter 20A, Trafficking of Persons, or Code of Criminal Procedure, Chapter 65, Terrorist Offender Registration Program, is only eligible to renew 60 days before expiration.

The amendment to §15.38 adds that any driver license or identification certificate holder who is subject to the requirements of Penal Code, Chapter 20A, Trafficking of Persons, or Code of Criminal Procedure, Chapter 65, Terrorist Offender Registration Program, is not eligible to receive a fee exemption as a veteran.

Ms. Whittenton has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of these rules will be that those affected driver license and identification certificates holders are not eligible to renew or apply for a duplicate driver license or identification certificate by alternative methods; are only eligible to renew 60 days before expiration; and are not eligible for fee exemptions as a veteran.

Comments on the proposal may be submitted to Cynthia Allison, Driver License Division, Texas Department of Public Safety, P.O. Box 4087 (MSC 0300), Austin, Texas 78773; by fax to (512) 424-5233; or by email to DLDrulecomments@dps.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal.

This proposal is made 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 Texas Transportation Code; Texas Transportation Code, §522.005, which authorizes the department to adopt rules necessary to administer Chapter 522 of the Texas Transportation Code; and Texas Code of Criminal Procedure, Article 65.009, which authorizes the department to adopt any rule necessary to implement Chapter 65.

Texas Government Code, §411.004(3); Texas Transportation Code, §§521.005, 522.005, 521.013, 521.272, and 522.003; and Texas Code of Criminal Procedure, Articles 42.016, 62.060, 65.009, and 65.058, are affected by this proposal.

§15.29.Alternative Methods for Driver License Transactions.

(a) Eligible driver license or identification certificate holders may utilize alternative methods to renew or obtain a duplicate of their Texas driver license or identification certificate.

(b) Applicants must apply in the manner provided by the department and pay the applicable fee.

(c) Alternative renewal cannot be used for any two consecutive renewal periods for the purpose of updating the digital images.

(d) Applicants listed in paragraphs (1) - (9) [~~(8)~~] of this subsection are not eligible to renew or apply for a duplicate driver license or identification certificate by alternative methods:

(1) any holder of an occupational license;

(2) any driver license holder who has an administrative or card status that requires review by the department, including, but not limited to, a medical or physical condition that may affect the driver license holder's ability to safely operate a motor vehicle;

(3) any driver license holder applying for renewal that will be 79 years of age or older on the expiration of their current license;

(4) any driver license or identification certificate holder subject to the registration requirements of Code of Criminal Procedure, Chapter 62, Sex Offender Registration Program or Penal Code, Chapter 20A, Trafficking of Persons;

(5) any driver license or identification certificate holder subject to registration requirements of Code of Criminal Procedure, Chapter 65, Terrorist Offender Registration Program;

(6) [~~(5)~~] any driver license or identification certificate holder who is suspended, canceled, revoked, or denied renewal;

(7) [~~(6)~~] any driver license or identification certificate holder who does not have a verified social security number on file with the department;

(8) [~~(7)~~] any driver license or identification certificate holder who does not have a digital image (e.g. photograph or signature) on file with the department; or

(9) [~~(8)~~] any applicant whose lawful presence needs to be verified.

(e) The department may reject an application for an alternative transaction and require the personal appearance of the applicant at a driver license office if it has information concerning the eligibility of the applicant, including, but not limited to, medical and vision conditions.

§15.34.Renewal Period Prior to Expiration.

(a) Any class of driver license or identification card, except those noted in paragraphs (1) - (4) [~~(3)~~] of this subsection, may be renewed 24 months before [~~the~~] expiration [~~date~~].

(1) Provisional licenses may be renewed 60 days before expiration.

(2) Driver licenses or identification cards issued to applicants required to register under Code of Criminal Procedure, Chapter 62, Sex Offender Registration Program, or Penal Code, Chapter 20A, Trafficking of Persons, may be renewed 60 days before expiration.

(3) Driver licenses or identification cards issued to applicants required to register under Code of Criminal Procedure, Chapter 65, Terrorist Offender Registration Program, may be renewed 60 days before expiration.

(4) [~~(3)~~] Driver licenses with an expiration date determined by Transportation Code, §521.2711 (person at least 85 years of age) may be renewed 180 days before expiration.

(b) Any applicant for a renewal driver license or identification card must present at least one identity document listed in §15.24 of this title (relating to Identification of Applicants) if the driver license or identification card is not presented.

§15.38.Fee Exemption.

(a) A veteran of service in the armed forces of the United States is eligible for exemption from payment of issuance fees for an original, renewal, examination, or duplicate driver license or personal identification certificate if the veteran meets the following requirements:

(1) was honorably discharged from the armed services of the United States;

(2) has an armed service-related disability of at least 60%; and

(3) receives compensation from the United States because of the armed service-related disability.

(b) Any disabled veteran may waive their fee exemption for a driver license or identification certificate. Application and payment of fee will be considered as such a waiver and no refund of fee will be made.

(c) If not already part of the record, proof of eligibility for the fee exemption must be provided by mail or in-person with the issuance of the driver license or identification certificate.

(d) These provisions do not apply to applicants for a commercial driver license (CDL) or to an applicant subject to the registration requirements of Code of Criminal Procedure, Chapter 62 or Chapter 65, or Penal Code, Chapter 20A.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 14, 2024.

TRD-202402616

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: July 28, 2024

For further information, please call: (512) 424-5848

37 TAC §15.42

The Texas Department of Public Safety (the department) proposes amendments to §15.42, concerning Social Security Number. This amendment complies with changes to the Code of Federal Regulations recently passed by the federal government. This amendment reduces the regulatory burden upon driver license and identification certificate applicants by eliminating the need to provide a document to verify Social Security Number, which is verified with the federal government electronically.

Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.

Ms. Whittenton has determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of these rules will be the protection of personal information from being in the possession of unauthorized recipients.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does expand, limit, or repeal an existing regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rule is in effect, the proposed rule should not impact positively or negatively the state's economy.

Comments on the proposal may be submitted to Kris Krueger, Driver License Division, Texas Department of Public Safety, P.O. Box 4087 (MSC 0300), Austin, Texas 78773; by fax to (512) 424-5233; or by email to DLDrulecomments@dps.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal.

Texas Government Code, §411.004(3); and Texas Transportation Code §521.005, are affected by this proposal.

§15.42.Social Security Number.

(a) The Social Security number (SSN) shall be obtained from all applicants who have been issued a number by the United States Social Security Administration. This number will be utilized by the department for the purpose of additional identification and may be disclosed only to those entities that have statutory authority to receive the SSN.

(b) When an SSN is originally obtained, the department will verify the authenticity of the SSN through the Social Security Administration. In the event that the SSN cannot be verified, the department may deny the issuance until such time as verification is made through the Social Security Administration. [it is mandatory that documentation be provided to verify the number. All documents presented for proof of SSN must be verifiable through the issuing entity and include a pre-printed SSN. Documentation may include:]

~~[(1) Federal issued Social Security card,]~~

~~[(2) Military identification (Applies to active, reserve and dependent status),]~~

~~[(3) Certificate of Release or Discharge of Active Duty (DD-214),]~~

~~[(4) Certified college/university transcript designating number as SSN,]~~

~~[(5) IRS form W-2 Wage and Tax Statement,]~~

~~[(6) IRS form 1099-MISC,]~~

~~[(7) Pay stub containing applicant's name and SSN, or]~~

~~[(8) Documents such as health insurance cards, Veteran's Administration cards, and pilot's licenses with identifiable SSN may be accepted.]~~

(c) If a previously issued driver license or identification certificate has not been verified through the Social Security Administration, the department may mail to the address on record a notice requiring the driver license or identification certificate holder to provide additional documentation in order to secure verification through the Social Security Administration. Failure to comply with this request within 30 days may result in the cancellation of the driver license or identification certificate.

(d) [~~(c)~~] On all duplicate and renewal Texas driver license or identification certificate applications, the [~~documented~~] SSN shall be obtained where it is not currently a part of the applicant's record. If the newly provided SSN cannot be verified, the department may deny the issuance until such time as verification is made through the Social Security Administration. After the SSN becomes a part of the applicant's record, all future duplicate and renewal transactions occurring in a driver license office will be verified by the driver license or identification certificate application [~~verbally for the correct SSN. Should the SSN on record not match the number provided, the applicant will be required to provide acceptable documentation as listed in subsection (b) of this section~~].

[(d) The department may verify the authenticity of the SSN on record through the Social Security Administration. In the event that the SSN on record cannot be authenticated, the department may deny issuance of the renewal, duplicate or original transaction until such time as authentication is made through the Social Security Administration. If the license or identification certificate was previously issued, the department may mail to the address on record a notice requiring the license or identification certificate holder to provide additional documentation. Failure to comply with this request within 30 days may result in the cancellation of the driver license or identification certificate.]

(e) Applicants who state they have not applied for, have not been issued or do not have an SSN assigned by the Social Security Administration will be given the department's "Social Security" affidavit for completion. This sworn affidavit will contain:

(1) The applicant's full name, date of birth, and driver license or identification certificate number;

(2) A statement that the applicant has not applied for, been issued or assigned an SSN by the United States Social Security Administration;

(3) A statement of release for verification and investigative purposes;

(4) A notice that failure to provide required information to the department may result in the cancellation of the applicant's driver license or identification certificate per Texas Transportation Code, §521.314; and

(5) A notice that the applicant can be subject to other criminal penalties including Texas Transportation Code, §521.451 and §521.454.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 14, 2024.

TRD-202402617

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: July 28, 2024

For further information, please call: (512) 424-5848

SUBCHAPTER D. DRIVER IMPROVEMENT

37 TAC §15.88

The Texas Department of Public Safety (the department) proposes amendments to §15.88, concerning Demand for Surrender of Driver License. The amendment makes conforming changes necessary to implement House Bill 4528, 88th Leg., R.S. (2023), which removed the requirement that a peace officer take physical control of a person's driver's license for failing or refusing an intoxication test because the suspension may now be done electronically. The rule title has also been renamed "Demand for Surrender."

Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.

Ms. Whittenton has determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of this rule will be that individuals whose license has been suspended, revoked, canceled, disqualified, or denied will retain, for identification purposes only, their driver license or identification card.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does repeal an existing regulation. The proposed rulemaking does increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rule is in effect, the proposed rule should not impact positively or negatively the state's economy.

Comments on the proposal may be submitted to Cynthia Allison, Driver License Division, Texas Department of Public Safety, P.O. Box 4087 (MSC 0300), Austin, Texas 78773; by fax to (512) 424-5233; or by email to DLDrulecomments@dps.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal.

This proposal is made 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 Texas Transportation Code; Texas Transportation Code, §522.005, which authorizes the department to adopt rules necessary to administer Chapter 522 of the Texas Transportation Code; Texas Transportation Code, §524.002, which authorizes the department to adopt rules necessary to administer Chapter 524 of the Texas Transportation Code; and Texas Transportation Code, §724.003, which authorizes the department to adopt rules necessary to administer Chapter 724 of the Texas Transportation Code.

Texas Government Code, §411.004(3); Texas Transportation Code, §§521.005, 522.005, 524.002 and 724.003, are affected by this proposal.

§15.88.Demand for Surrender [ ~~of Driver License~~].

(a) The department may [~~will~~] demand the surrender of a person's driver license or identification card when state law authorizes the surrender. [~~if that license is:~~]

~~[(1) canceled due to a conviction of Texas Transportation Code, §521.451;]~~

~~[(2) revoked due to a determination that the individual is incapable of safely operating a motor vehicle; or]~~

~~[(3) subject to a notice of suspension under Texas Transportation Code, Chapters 524 and 724.]~~

~~[(b) The department will demand the surrender of a person's commercial driver license if that license is suspended, revoked, canceled, disqualified, or issuance of the license has been denied.]~~

~~[(c) This section does not prohibit the department from demanding the surrender of any license when state law authorizes the surrender.]~~

(b) [~~(d)~~] A driver license or identification card that is suspended, revoked, canceled, disqualified, or denied that is not demanded to be surrendered by the department can be held by the individual and used for identification purposes only. Actual possession of the driver license does not provide the individual whose driver license is suspended, revoked, canceled, disqualified, or denied authorization to operate a motor vehicle.

[(e) A license that has been surrendered to the department will be returned to the licensee upon termination of the suspension, revocation, cancellation, or denial. The license will not be returned if the license expires during the period it is held by the department.]

[(f) A license that is surrendered to the department that is damaged or mutilated will not be stored or returned. The licensee will be required to apply for a duplicate license upon termination of the suspension, revocation, cancellation or disqualification.]

[(g) The department is not responsible for licenses surrendered to another agency or entity. If the license is not forwarded to the department by the other agency or entity the licensee can either apply for a duplicate license upon termination of the suspension, revocation, cancellation or disqualification or contact the other agency or entity in order to locate the surrendered license.]

[(h) The surrendered license will be mailed to the address supplied to the department during the application, renewal or duplicate process only. If the licensee has moved the licensee will be required to apply for a duplicate license through the change of address process.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 14, 2024.

TRD-202402618

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: July 28, 2024

For further information, please call: (512) 424-5848

SUBCHAPTER G. DENIAL OF RENEWAL OF DRIVER LICENSE FOR FAILURE TO APPEAR FOR TRAFFIC VIOLATION

37 TAC §15.118

The Texas Department of Public Safety (the department) proposes an amendment to §15.118, concerning Clearance Report. This amendment modifies the reasonable time to submit a clearance report from five days to two days to accurately reflect the current terms and conditions established in the Memorandum of Understanding (MOU) between the department and courts for the Failure to Appear/Failure to Pay Program.

Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.

Ms. Whittenton has determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of this rule will be strict adherence with the current terms and conditions outlined in the MOU.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does limit an existing regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rule is in effect, the proposed rule should not impact positively or negatively the state's economy.

Comments on the proposal may be submitted to Cynthia Allison, Driver License Division, Texas Department of Public Safety, P.O. Box 4087 (MSC 0300), Austin, Texas 78773; by fax to (512) 424-5233; or by email to DLDrulecomments@dps.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal.

This proposal is made 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 Texas Transportation Code; Texas Transportation Code, §522.005, which authorizes the department to adopt rules necessary to administer Chapter 522 of the Texas Transportation Code; and Texas Transportation Code, §706.012, which authorizes the department to adopt rules to implement Chapter 706 of the Texas Transportation Code.

Texas Government Code, §411.004(3); and Texas Transportation Code, §§521.005, 522.005, 706.005, and 706.012, are affected by this proposal.

§15.118.Clearance Report.

The local political subdivision shall file a clearance report when there is no cause to continue to deny renewal of a person's driver license. In all cases when a clearance report is required, the political subdivision shall notify the department or the department's designee within a reasonable time not to exceed two [~~five~~] business days. The clearance report shall identify the person, state whether or not a fee was required, advise the department to lift the denial of renewal, and state the grounds for the action.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 14, 2024.

TRD-202402619

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: July 28, 2024

For further information, please call: (512) 424-5848

CHAPTER 17. ADMINISTRATIVE LICENSE REVOCATION

SUBCHAPTER A. ADMINISTRATIVE LICENSE REVOCATION

37 TAC §§17.1 - 17.4, 17.6, 17.8, 17.11, 17.13, 17.14, 17.16

The Texas Department of Public Safety (the department) proposes amendments to §§17.1 - 17.4, 17.6, 17.8, 17.11, 17.13, 17.14, and 17.16, concerning Administrative License Revocation.

The amendments to §§17.1, 17.2, 17.8, 17.11, 17.13, and 17.16 refine administrative driver license revocation procedures and are necessitated by implementation of the electronic filing and service requirements for the State Office of Administrative Hearings related to the appeal of a driver license suspension. The rule title for §17.16 is also renamed "Service on the Department."

The amendments to §§17.3, 17.4, 17.6, and 17.14 make conforming changes necessary to implement House Bill 4528, 88th Leg., R.S. (2023), which removed the requirement that a peace officer take physical control of a person's driver's license for failing or refusing an intoxication test because the suspension may now be done electronically.

Additional changes made to §§17.2, 17.3, 17.4, and 17.13 implement House Bill 1163, 88th Leg., R.S. (2023), which created a new criminal offense for Boating While Intoxicated with a Child Passenger, by simplifying the language so that any new criminal intoxication offenses created related to a driver license suspension are included.

Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with these sections as proposed. There is no anticipated economic cost to individuals who are required to comply with the rules as proposed. There is no anticipated negative impact on local employment.

Ms. Whittenton has determined that for each year of the first five-year period these rules are in effect the public benefit anticipated as a result of these rules will be that individuals are offered a secure, electronic filing option for serving the department in matters related to administrative license revocation and that individuals whose license has been suspended, revoked, canceled, disqualified, or denied will retain, for identification purposes only, their driver license or identification card.

This proposal is made 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 Texas Transportation Code; Texas Transportation Code, §522.005, which authorizes the department to adopt rules necessary to administer Chapter 522 of the Texas Transportation Code; Texas Transportation Code, §524.002, which authorizes the department to adopt rules necessary to administer Chapter 524 of the Texas Transportation Code; and Texas Transportation Code, §724.003, which authorizes the department to adopt rules necessary to administer Chapter 724 of the Texas Transportation Code.

Texas Government Code, §411.004(3); Texas Transportation Code, §§521.005, 522.005, 524.002 and 724.003; and Penal Code §49.061, are affected by this proposal.

§17.1.Scope.

The chapter applies [The procedures for notice, hearing, and appeal, as well as the procedures for service of the requests, notifications, copies, certified copies, or tangible/documentary evidence, as the case may be, which are contained in this title apply] to suspensions, disqualifications, and denials of driver's licenses arising under the provisions of Administrative License Revocation (ALR), including Texas Transportation Code, Chapters 522, 524, and 724.

§17.2.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Acquittal--A legal judgment or certification of "not guilty" of a person charged with a crime, including a judgment following directed verdict, in a court proceeding at which jeopardy attached.

(2) Address of record--A person's most recent residence address as shown by the records of the department in accordance with Texas Transportation Code, Chapter 521 or Chapter 522.

(3) Administrative License Revocation (ALR)--Refers to the suspension of a driver's license under Texas Transportation Code, Chapter 524 or Chapter 724, or the disqualification of a person's privilege to drive a commercial motor vehicle under Texas Transportation Code, Chapter 522.

(4) Adult--An individual 21 years of age or older.

(5) Alcohol concentration--Has the meaning contained in Texas Penal Code, §49.01.

(6) Alcohol-related or drug-related enforcement contact--Has the meaning contained in Texas Transportation Code, Chapter 524.

(7) ALR contact--Refers to refusal to submit a breath or blood specimen as provided by Texas Transportation Code, Chapter 724, or refusal to submit a breath, blood or urine specimen as provided by Texas Transportation Code, Chapter 522; or a breath or blood test failure as provided by Texas Transportation Code, Chapter 524, or a breath, blood or urine test failure as provided by Texas Transportation Code, Chapter 522. Also includes the situation where a specimen test is not requested of a minor, as the presence of alcohol was detected by other means.

(8) ALR report--A sworn report of an ALR contact filed by a peace officer and submitted to the department in accordance with Texas Transportation Code, Chapter 524, or a written report of an ALR contact submitted to the department in accordance with Texas Transportation Code, Chapter 724. Also includes a sworn report submitted by a peace officer in accordance with Texas Transportation Code, Chapter 522.

(9) ALR suspension or ALR license suspension--A suspension under Texas Transportation Code, Chapter 524 or Chapter 724.

(10) Arresting officer--Refers to a certified Texas peace officer who arrests a person for any [an] offense [~~under Texas Penal Code, §49.04, §49.06, §49.07, or §49.08, or Alcoholic Beverage Code, §106.041, or any other offense~~] against the laws of the State of Texas.

(11) Breath alcohol test--Has the meaning assigned in §19.1 of this title (relating to Definitions).

(12) Breath test operator--Refers to the individual who takes a specimen of the person's breath to determine alcohol concentration.

(13) Child--Has the meaning contained in Texas Family Code, §51.02(2).

(14) Commercial driver's license--Has the meaning assigned by Texas Transportation Code, Chapter 522 and Chapter 16 of this title (relating to Commercial Driver's License).

(15) Commercial motor vehicle--has the meaning assigned by Texas Transportation Code, Chapter 522 and Chapter 16 of this title (relating to Commercial Driver's License).

(16) Criminal complaint--Refers to any charging instrument, including, but not limited to, a complaint, an information, an indictment, or a similar sworn document clearly indicating an intent to proceed with criminal prosecution.

(17) Current address--Refers to the address given to an arresting officer by an arrested driver at the time of arrest, as distinguished from the "address of record."

(18) Defendant--Refers to a person who has received notice of ALR license suspension or disqualification and who has timely requested a hearing.

(19) Denial--Refers to the loss of the privilege to obtain a driver's license or permit.

(20) Department--Has the meaning assigned in Texas Transportation Code, Chapter 524.

(21) Director--Has the meaning assigned in Texas Transportation Code, Chapter 524.

(22) Disqualification--Has the meaning assigned in Texas Transportation Code, Chapter 522.

(23) Drive [~~Driver~~]--Has the meaning assigned in Texas Transportation Code, Chapter 522 [~~521~~].

(24) Driver's license, license, or license to operate a motor vehicle--Has the meaning assigned in Texas Transportation Code, Chapter 521. The term also includes a commercial driver's license or a commercial driver learner's permit issued under Texas Transportation Code, Chapter 522.

(25) Failure, or breath, blood or urine test failure--Refers to the analysis of a test specimen of breath or blood which indicates an alcohol concentration specified in Texas Penal Code, §49.01(2)(B), or where a test specimen of breath, blood or urine is provided pursuant to Texas Transportation Code, Chapter 522, and the analysis of the specimen indicates an alcohol concentration of 0.04 or more. Also includes the analysis of a test specimen provided by a minor that indicates any detectable amount of alcohol as specified in Texas Transportation Code, §524.011(a)(2)(B).

(26) Instrument or breath test instrument--Has the meaning assigned in §19.1 of this title (relating to Definitions).

[(27) License or license to operate a motor vehicle--Has the meaning assigned in Texas Transportation Code, Chapter 521. The term also includes a commercial driver's license or a commercial driver learner's permit issued under Texas Transportation Code, Chapter 522.]

(27) [~~(28)~~] Maintenance records--Refers to records pertaining to the inspection, maintenance, repair, and upkeep of the breath test instrument on which the driver's alcohol concentration was measured. Maintenance records do not have a regulated format and may be kept in a form as designated by each technical supervisor.

(28) [~~(29)~~] Minor--An individual under 21 years of age.

(29) [~~(30)~~] Nonresident--Has the meaning assigned in Texas Transportation Code, Chapter 521.

(30) [~~(31)~~] Peace Officer--Has the meaning assigned in Texas Penal Code, §1.07(a).

(31) [~~(32)~~] Peace Officer's sworn report or probable cause affidavit--A statement in support of a peace officer's belief that a person committed an offense. This statement shall describe the officer's reasonable suspicion for making contact with a person and/or the probable cause to arrest or detain the person. This statement may additionally include any other grounds known to the officer for believing the person committed the offense. The peace officer's sworn report or probable cause affidavit is normally submitted on Form DIC-23, or an approved alternate form.

(32) [~~(33)~~] Person--Refers to the following: an individual arrested for a violation of an offense listed in Texas Transportation Code, Chapter 524 or Chapter 724 [~~Texas Penal Code, §49.04, §49.06, §49.07, or §49.08~~]; a minor arrested or detained for a violation of Texas Alcoholic Beverage Code, §106.041; or the operator of a commercial motor vehicle who refused to provide a specimen of breath, blood or urine when requested to do so by a peace officer, or who provided a specimen with an alcohol concentration defined in Texas Transportation Code, Chapter 522, whether or not the operator of the commercial motor vehicle was arrested for a violation of an offense listed in Texas Transportation Code, Chapter 524 or Chapter 724 [~~Texas Penal Code, §49.04, §49.07, or §49.08~~].

(33) [~~(34)~~] Public place--Has the meaning assigned in Texas Transportation Code, Chapter 524.

(34) [~~(35)~~] Refusal--Refers to a refusal to submit a specimen under the provisions of Texas Transportation Code, Chapter 522 or Chapter 724.

(35) [~~(36)~~] Revocation of driver's license--Has the meaning assigned in Texas Transportation Code, Chapter 521.

(36) [~~(37)~~] Suspension of driver's license--Has the meaning assigned in Texas Transportation Code, Chapter 521.

(37) [~~(38)~~] Technical supervisor or certified breath test technical supervisor--Refers to the person who is responsible for maintaining and directing the operation of the breath test instrument used to analyze the specimen of the person's breath, and who has been certified by the department under the provisions of §19.4 of this title (relating to Technical Supervisor Certification).

[(39) Temporary driving permit--Refers to the authorization to operate a motor vehicle issued pursuant to Texas Transportation Code, §524.011(b)(3) or §724.032(a)(3). The temporary driving permit is incorporated in the notice of suspension (Form DIC-25) and notice of disqualification (Form DIC-57).]

(38) [~~(40)~~] Test record or breath alcohol test record--Means the record of a breath alcohol test generated by a breath test instrument.

(39) [~~(41)~~] Watercraft--means powered with an engine having a manufacturer's rating of 50 horsepower or above.

§17.3.Notice of Suspension or Disqualification.

(a) Notice of an ALR suspension or disqualification. Notice of an ALR suspension or disqualification may be served either by a peace officer or by the department.

(b) Notice given by a peace officer.

(1) If a person arrested for an offense listed in Texas Transportation Code, Chapter 524 or Chapter 724 [~~under Texas Penal Code, §49.04, §49.07, or §49.08~~], submits to the taking of a specimen of breath or blood and an analysis of the specimen shows the person had an alcohol concentration of a level specified in Texas Penal Code, §49.01(2)(B), the peace officer shall personally serve notice of driver's license suspension on the arrested driver.

(2) If the person is a minor arrested for an offense under Alcoholic Beverage Code, §106.041, or an offense listed in Texas Transportation Code, Chapter 524 or Chapter 724 [~~under Texas Penal Code, §49.04, §49.07, or §49.08~~], who either submits to the taking of a specimen and an analysis of the specimen shows that the minor had an alcohol concentration of a level specified by Texas Transportation Code, §524.011(a)(2)(B), or is not requested to submit to the taking of a specimen, the peace officer shall personally serve notice of driver's license suspension on the minor.

(3) If a person was operating a commercial motor vehicle and submits to the taking of a specimen of breath, blood or urine as provided by Texas Transportation Code, Chapter 522, and an analysis of the specimen shows an alcohol concentration of 0.04 or more, the peace officer shall personally serve notice of disqualification on the person.

(4) Pursuant to paragraphs (1), (2), and (3) of this subsection, if a specimen is taken and the analysis of the specimen is not returned to the peace officer before the person is admitted to bail, released from custody, delivered as provided by Title 3, Family Code, or committed to jail, the arresting officer shall attempt to serve notice of driver's license suspension or disqualification by personally delivering the notice to the person.

(5) If a person arrested for an offense listed in Texas Transportation Code, Chapter 524 or Chapter 724 [~~under Texas Penal Code, §49.04, §49.06, §49.07, §49.08~~], or an offense under Texas Alcoholic Beverage Code, §106.041, or a person requested to submit a breath, blood or urine specimen under Texas Transportation Code, Chapter 522, refuses to give a specimen as designated by the peace officer, the officer shall personally serve notice of driver's license suspension or disqualification on the person.

(c) Notice given by the department. In the event that the arresting officer did not serve notice of suspension or disqualification on the person following an ALR contact, the department shall send, by first class mail, notice of suspension or disqualification to the person's address of record, and to the person's current address given in the ALR report if different. If the department cannot verify that proper notice of suspension was served on the person by a peace officer following an ALR contact, the department may serve notice of suspension or disqualification. Notice is presumed received on the fifth day after the date it is mailed.

(d) Notice given by the department to control. In any case where notice of suspension or disqualification is served by the arresting officer and notice of suspension or disqualification is also sent by the department, notice sent by the department shall be controlling.

§17.4.ALR Reports.

Following an ALR contact, the peace officer shall submit an ALR report to the department on a form approved by the department.

(1) ALR Reports: breath, blood or urine test refusal. This section applies to offenses listed in Texas Transportation Code, Chapters 522, 524, 724, and [~~under Texas Penal Code, §49.04, §49.06, §49.07, §49.08, Texas Transportation Code, Chapter 522, or~~] Texas Alcoholic Beverage Code, 106.041. An ALR report based on a breath, blood or urine test refusal shall contain the following information:

(A) The identity of the person by full legal name, date of birth, and driver's license number, if any;

(B) the peace officer's sworn report or probable cause affidavit (Form DIC-23 and/or Form DIC-54);

(C) a copy of the statutory warning delivered to the person prior to requesting a specimen of breath or blood (Form DIC-24) and/or a copy of the statutory warning for commercial motor vehicle operators delivered to the person prior to requesting a specimen of breath, blood or urine (Form DIC-55);

(D) the person's current address;

(E) documentation of the refusal (Form DIC-24 and/or Form DIC-55), as evidenced by:

(i) a written refusal to give a specimen, signed by the person; or

(ii) a statement signed by the officer stating that the person refused to give a specimen and also refused to sign the statement requested by the officer under Texas Transportation Code, §724.031.

(F) the notice of suspension [~~and temporary driving permit~~] (Form DIC-25) served and/or the notice of disqualification [~~and temporary driving permit~~] (Form DIC-57); and

(G) any other information required by the department [~~on its approved form~~].

(2) ALR Reports: breath, blood or urine test failures. This section applies to offenses listed in Texas Transportation Code, Chapters 522, 524, 724, and [~~under Texas Penal Code, §49.04, §49.07, §49.08, Texas Transportation Code, Chapter 522, or~~] Alcoholic Beverage Code, §106.041. An ALR report based on a breath, blood or urine test failure shall be sworn to by the arresting officer (or by the peace officer requesting the specimen in the case of a commercial motor vehicle operator who is not arrested) and shall contain the following information:

(A) The identity of the person by full legal name, date of birth, and driver's license number, if any;

(B) the peace officer's sworn report or probable cause affidavit (Form DIC-23 and/or Form DIC-54);

(D) the person's current address;

(E) a copy of the analysis of the specimen, such as a photocopy of the breath test result; and

(F) the notice of suspension [~~and temporary driving permit~~] (Form DIC-25) served and/or the notice of disqualification [~~and temporary driving permit~~] (Form DIC-57); and

(G) a copy of the criminal complaint, if any, that has been filed with a magistrate or delivered to a local prosecuting attorney with jurisdiction over the offense; and

(H) any other information required by the department [~~on its approved form~~].

(3) ALR Reports: offense under Alcoholic Beverage Code, §106.041, no specimen requested. An ALR report shall contain the following information:

(A) identity of the person by full legal name, date of birth, and driver's license number, if any;

(B) the peace officer's sworn report or probable cause affidavit (Form DIC-23);

(D) the notice of suspension [~~and temporary driving permit~~] (Form DIC-25) served;

(E) a copy of the criminal complaint, if any, that has been filed with a magistrate or delivered to a local prosecuting attorney with jurisdiction over the offense; and

(F) any other information required by the department [~~on its approved form~~].

(4) Nothing in this section is intended to imply that any specific documents are necessary to be in evidence in a contested hearing for the department to meet its burden. This section applies only to automatic suspensions.

§17.6.Recission.

(a) The department may rescind any ALR suspension or disqualification.

(b) If for any reason the department declines to prosecute an ALR suspension or disqualification, or rescinds said action after imposition, the department shall send notice of rescission to the person at his/her address of record, and current address, if different by first class mail. [~~Under such circumstances, the department may return the person's driver license if it was previously surrendered or confiscated.~~]

(c) A decision by the department to rescind notice of suspension or disqualification has no binding precedential value and the department may later prosecute a suspension or disqualification arising out of the same incident.

§17.8.Hearing Requests.

A person who receives notice of suspension or disqualification may request a hearing as provided.

(1) A hearing request must either be delivered in writing, including by facsimile transmission, email, or through the designated ALR hearing request form on the department's website, or be transmitted by telephone, to the department at its headquarters in Austin at the address or phone number contained in the notice of suspension or disqualification. Hearing requests delivered to any other department address or telephone number will not be honored.

(2) A hearing request must contain sufficient information to enable the department to identify the defendant and to schedule the hearing, which information shall include the following: the defendant's full legal name, date of birth, driver's license number, the date of arrest, the county of arrest, the name of the law enforcement agency which made the arrest, email address and bar number of defendant's counsel if represented, whether the defendant allegedly failed or refused the specimen test or was not requested to submit a specimen, and such additional nonprivileged information as may be requested by the department.

(3) A hearing request must be timely. In order to be considered timely, a hearing request containing all of the information set forth in paragraph (2) of this section must be received by the department at its headquarters in Austin at the address or phone number contained in the notice of suspension or disqualification not later than 5:00 p.m. on the 15th day after:

(A) the date notice of suspension or disqualification was served by a peace officer; or

(B) the date notice is presumed to have been received, according to the records of the department.

(4) A hearing request which fails to include one or more of the items of information required by paragraph (2) of this section, or one containing incorrect information, will not be deemed to be timely filed. Nothing in this section is intended to prevent a person making a hearing request from supplementing or correcting information contained in a hearing request, provided that such supplementation or correction is received by the department before the deadline for filing a hearing request as set out in paragraph (3) of this section.

(5) The department shall reject any untimely hearing request. When a written hearing request is received and rejected, the department shall mail written notice to the defendant that the hearing request was received and rejected, and state the reason for rejection. When a telephone hearing request is received and rejected, the department shall mail a written notice of the reason for rejection only upon request.

(6) Upon receipt of a timely hearing request, the department shall schedule a hearing and mail written confirmation to the defendant.

(7) A timely hearing request stays the suspension or disqualification pending a final affirmative decision by the administrative law judge.

(8) The department will presume that notice of hearing date, time, and location was received on the fifth day after the day it was mailed.

§17.11.Appeals.

(a) Upon receipt of an appeal petition, the department shall determine whether the defendant is entitled to a 90-day stay of suspension or disqualification pending appeal, in accordance with Texas Transportation Code, Chapter 524. For purposes of determining whether an appeal stays a suspension, the department will consider prior alcohol-related and drug-related enforcement contacts. For purposes of this subsection, alcohol-related and drug-related enforcement contacts occurring both prior to and after the effective date of ALR shall be considered. The date of a prior alcohol-related or drug-related enforcement contact, not the date of the conduct, shall be controlling.

(b) If a stay is granted pending appeal, it shall be effective from the date the petition is filed, not from the date of hearing or decision of the administrative law judge.

(d) To perfect service on the department of a judicial appeal of a final order in a contested ALR case pursuant to 1 TAC §159.255 [~~§159.37~~] (relating to Appeal of Judge's Decision) and this section, a defendant must comply with the service requirements in the court where the appeal is filed. The department's service contact for ALR appeals filed electronically is ALR_Appeals@dps.texas.gov. Appeals not filed electronically may be served by mail to the Texas Department of Public Safety [send by certified mail a file-stamped copy of the defendant's appeal petition, certified by the clerk of the court in which the petition is filed, to the department at its headquarters in Austin. The certified copy must be addressed and mailed to] Director of Hearings, ALR Program, P.O. Box 15327, Austin, Texas 78761-5327 or by hand delivery or courier receipted delivery through a commercial overnight service during regular business hours to the Texas Department of Public Safety, Director of Hearings, ALR Program, MSC 0380 [~~Driver License Division~~], [~~Department of Public Safety, Main~~] Building A, 5805 North Lamar Boulevard, Austin, Texas 78752-0380 [~~78752-0300~~]. A suspension will not be stayed until service is perfected according to this subsection.

(e) If an affirmative finding by an administrative law judge is reversed on appeal, the appellant shall notify the department by complying with the service requirements in the court where the appeal is filed. The department may be served by the methods outlined in subsection (d) of this section [~~mailing a file-stamped copy of the judgment from the appellate court to the department, addressed to Director of Hearings, ALR Program, Box 15327, Austin, Texas 78761-5327~~ ]. Upon verification, the department shall remove references of the ALR suspension or disqualification from defendant's driving record if warranted.

§17.13.Effect of Acquittal; Notification to the Department.

(a) Upon notification that a criminal charge of an offense listed in Texas Transportation Code, Chapter 524 or Chapter 724 [~~under Texas Penal Code, §49.04, §49.06, §49.07, §49.08, or Texas Alcoholic Beverage Code, §106.041~~], has resulted in an acquittal, the department shall not impose a suspension arising out of the same conduct or transaction. If a suspension has already been imposed, the department shall rescind the suspension and remove references to the suspension from the computerized driving record of the defendant.

(b) To ensure that the department receives notice of acquittal, the defendant shall send a certified copy of the judgment of acquittal to the department at the address contained in the notice of suspension or disqualification [~~listed in §17.16(1) of this title (relating to Service On The Department Of Certain Items Required To Be Served On, Mailed To, Or Filed With The Department)~~]. A defendant should send a written request which identifies the defendant by name and driver's license number, states the date and county of arrest, and requests rescission of the suspension. The department reserves the right to verify the acquittal. Upon verification, the department shall rescind the suspension and remove references to the suspension from the defendant's computerized driving record.

(c) For purposes of this section, the following types of dispositions of any criminal complaint shall not be regarded as an acquittal:

(1) a pre-trial order of dismissal where jeopardy has not attached;

(2) a reduction of charges;

(3) a conviction on a lesser included charge;

(4) a disposition under Texas Penal Code, §12.45; or

(5) any discharge or dismissal brought about by a failure to bring a cause of action to speedy trial within the time required by the state or federal constitutions.

§17.14.Enforcement of Suspensions or Disqualifications.

(a) Knowledge of a license suspension or disqualification is presumed if a peace officer served notice of suspension or disqualification on the person, or if the department mailed notice of suspension or disqualification to the person's address of record and to the person's current address given to the peace officer, if different.

(b) A Texas driver's license, permit, or privilege to operate a motor vehicle may be suspended, denied or disqualified under provisions of ALR. The loss of the privilege to drive in Texas shall apply to unlicensed drivers and nonresidents, as well as residents. The department shall not issue a driver's license to any person who is subject to an order of suspension, denial or disqualification.

[(c) Upon suspension or disqualification of a driver's license, a Texas licensee must surrender any suspended or disqualified license to the department. If a person cannot comply, he must submit an affidavit to the department stating the reason why he cannot produce and surrender the license. Failure or refusal to surrender a license may result in the department initiating criminal proceedings against that licensee, as provided by Texas Transportation Code, Chapter 521. A person may surrender a suspended or disqualified license by either of the following methods:]

[(1) A person may deliver a suspended or disqualified license to an ALR Hearing Attorney employed by the department, any uniformed officer of the department, or any department office during regular business hours.]

~~[(2) A person may mail a suspended or disqualified license to the Texas Department of Public Safety, Driver Improvement and Control, Box 4040, Austin, Texas 78773-0320.]~~

[(d) Any department employee who receives a suspended or disqualified license shall send the license to the department's main headquarters in Austin at the address listed in subsection (c)(2) of this section.]

~~[(e) ALR suspensions shall be enforced as provided by Texas Transportation Code, Chapter 521.]~~

§17.16.Service on the Department [~~of Certain Items Required to be Served on, Mailed to, or Filed With the Department~~].

(a) Where authorized, required, or permitted by statute or rule, a discovery or production request [~~Request for Production, Maintenance and Repair records, and/or any tangible/documentary evidence required to be~~] served by the defendant on the department must be served electronically through the electronic filing manager or to the email address listed as the service contact on the case with the electronic filing manager. [~~on the department by one of the following methods:~~]

(b) If the defendant is unrepresented, the department may be served by one of the following methods:

(1) by first-class mail, or by certified mail where required, addressed to Texas Department of Public Safety, Director of Hearings, ALR Program, P.O. Box 15327, Austin, Texas 78761-5327;

~~[(2) by telephonic document transfer (fax) to (512) 424-7171, to the attention of the Director of Hearings, ALR Program;]~~

(2) [~~(3)~~] by hand delivery, during regular business hours, directly to the Texas Department of Public Safety, Director of Hearings, ALR Program, [~~Driver License Division, Department of Public Safety, Main~~] Building A, 5805 North Lamar Boulevard, Austin, Texas 78752-0380 [~~78752-0300~~].

(3) ~~(4)~~] by courier receipted delivery through a commercial overnight express delivery service during regular business hours to the Texas Department of Public Safety, Director of Hearings, ALR Program, MSC 0380 [~~Driver License Division, Department of Public Safety, Main~~] Building A, 5805 North Lamar Boulevard, Austin, Texas 78752-0380 [~~78752-0300~~].

(d) [~~(c)~~] Any request for the appearance of the "breath test operator and/or breath test technical supervisor" at the ALR hearing, pursuant to Texas Transportation Code, §524.039(a), must be made by one of the methods set forth in subsections (a) and (b) [~~paragraph (a)~~] of this section and must be received by the department at least five days prior to the scheduled hearing date.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 14, 2024.

TRD-202402620

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: July 28, 2024

For further information, please call: (512) 424-5848

CHAPTER 35. PRIVATE SECURITY

SUBCHAPTER A. GENERAL PROVISIONS

37 TAC §§35.5, 35.9, 35.13

The Texas Department of Public Safety (the department) proposes amendments to §§35.5, 35.9, and 35.13, concerning General Provisions. The changes to §35.5, concerning Standards of Conduct, clarify that a company license holder may not use the department's name or insignia in advertisements. The changes to §35.9, concerning Advertisements, exempt publishing the licensee's address in its advertisements when that address is a residence and clarify that business cards constitute advertisements. The changes to §35.13, concerning Drug-Free Workplace Policy, clarify that a sole proprietor must have a drug-free workplace policy.

Ms. Whittenton has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of these rules will be greater clarity and consistency in the regulation of the private security industry.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does expand, limit, or repeal an existing regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rules are in effect, the proposed rules should not impact positively or negatively the state's economy.

Comments on this proposal may be submitted to Steve Moninger, Regulatory Services Division, Texas Department of Public Safety, P.O. Box 4087, MSC 0240, Austin, Texas 78773-0240, or by email to RSD.Rule.Comments@dps.texas.gov. Email submission only is preferred. Comments must be received no later than thirty (30) days from the date of publication of this proposal.

This proposal is made 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 Occupations Code, §1702.061(a), which authorizes the Public Safety Commission to adopt rules to guide the department in its administration of Texas Occupations Code, Chapter 1702.

Texas Government Code, §411.004(3) and Texas Occupations Code, §1702.061(a), are affected by this proposal.

§35.5.Standards of Conduct.

(a) The State Seal of Texas, a department seal or insignia, or the department's name or the name of a division within the department, may not be displayed as part of a uniform or identification card, as [or] markings on a motor vehicle, or in an advertisement or on a website, other than on such items prepared or issued by the department. The department's name may be used for the limited purpose of indicating the person or company is regulated by the department.

(b) All licensees, [~~and~~] company representatives, and employees shall cooperate fully with any investigation conducted by the department, including but not limited to the provision of employee records upon request by the department and compliance with any subpoena issued by the department. Commissioned security officers and personal protection officers shall cooperate fully with any request of the Medical Advisory Board made pursuant to Health and Safety Code, §12.095 relating to its determination of the officer's ability to exercise sound judgment with respect to the proper use and storage of a handgun. Violation of this subsection may result in the suspension of the license or commission for the duration of the noncompliance.

(c) An individual licensee issued a pocket card shall carry the pocket card on or about their person while on duty and shall present same to a peace officer or to a representative of the department upon request.

(d) A company license holder may not require a customer provide any documentation certifying that the customer has received a COVID-19 vaccination, or is in post-transmission recovery, to gain entry to the licensee's premises or to receive regulated services from the license holder.

§35.9.Advertisements.

(a) A licensee's advertisements must include:

(1) The company name and address as it appears in the records of the department unless the address is the license holder's residential address; and

(2) The company's license number.

(b) No licensee shall use the Texas state seal, [or] the name or insignia of the department, or the name or insignia of a division within the department to advertise or publicize a commercial undertaking, or otherwise violate Texas Business & Commerce Code, §17.08 or Texas Government Code, §411.017. The department's name may be used for the limited purpose of indicating the person or company is regulated by the department.

(c) The use of the department's name is prohibited when it may give a reasonable person the impression that the department issued the statement or that the individual is acting on behalf of the department.

(d) For purposes of this section, an advertisement includes any media created or used for the purpose of promoting the regulated business of the licensee, including business cards.

§35.13.Drug-Free Workplace Policy.

(a) In the interest of creating a safe and drug-free work environment for clients and employees, all licensed companies shall establish and implement a drug-free workplace policy consistent with the Texas Workforce Commission's "Drug-Free Workplace Policy.''

(b) A copy of the company's drug-free workplace policy shall be signed by each employee and kept in each employee's file.

(c) For purposes of subsection (b) of this section, a sole proprietor who performs regulated services on behalf of the company is considered an employee of the company.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 14, 2024.

TRD-202402621

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: July 28, 2024

For further information, please call: (512) 424-5848

PART 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE

CHAPTER 151. GENERAL PROVISIONS

37 TAC §151.75

The Texas Board of Criminal Justice (board) proposes amendments to §151.75, concerning Standards of Conduct for Financial Advisors and Service Providers. The proposed amendments add language to specify the disclosure of a relationship or pecuniary interest by a financial advisor or service provider with minor word changes and grammatical updates made for clarity.

Ron Steffa, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the proposed amendments will be in effect, enforcing or administering the proposed amendments will not have foreseeable implications related to costs or revenues for state or local government because the proposed amendments merely clarify existing procedures.

The anticipated public benefit, as a result of enforcing the proposed amendments, will be to enhance clarity and public understanding. No cost will be imposed on regulated persons.

The proposed amendments will have no impact on government growth; no impact on local employment; no creation or elimination of a government program; no creation or elimination of employee positions; no increase or decrease in future legislative appropriations to the TDCJ; no increase or decrease in fees paid to the TDCJ; no new regulation and no effect on an existing regulation; no increase or decrease in the number of individuals subject to the rule; and no effect upon the economy. The proposed amendments will not constitute a taking.

Comments should be directed to the Office of the General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, ogccomments@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this rule in the Texas Register.

The amendments are proposed under Texas Government Code §492.013, which authorizes the board to adopt rules; §2263.004, which establishes ethics requirements for outside financial advisors or service providers; Chapter 404, which establishes the state treasury operations of the comptroller; Chapter 552, which establishes public information guidelines; and Chapter 2256; which establishes guidelines for public funds investment.

Cross Reference to Statutes: None.

§151.75.Standards of Conduct for Financial Advisors and Service Providers.

(a) Definitions. Financial Advisor or Service Provider is a person or business entity who acts as a financial advisor, financial consultant, money manager, investment manager, or broker.

(b) Applicability.

(1) This section applies in connection with the management or investment of any state funds managed or invested by the Texas Department of Criminal Justice (TDCJ) under the Texas Constitution or other law, including Chapters 404 and 2256, Texas Government Code, without regard to whether the funds are held in the state treasury.

(2) This section applies to financial advisors or service providers who are not employees of the TDCJ, who provide financial services to or advise the TDCJ in connection with the management or investment of state funds, and who:

(A) May reasonably be expected to receive, directly or indirectly, more than $10,000 in compensation from the TDCJ during a fiscal year; or

(B) Render important investment or funds management advice to the TDCJ.

(3) The standards adopted in this section [~~rule~~] are intended to identify professional and ethical standards by which all financial advisors or service providers shall abide in addition to the professional and ethical standards that may already be imposed on financial advisors or service providers under any contracts or service agreements with the TDCJ.

(1) A financial advisor or service provider shall disclose in writing to the TDCJ and to the State Auditor:

(A) Any relationship the financial advisor or service provider has with any party to a transaction with the TDCJ, other than a relationship necessary to the investment or fund management services that the financial advisor or service provider performs for the TDCJ, if the relationship could reasonably be expected to diminish the financial advisor's or service provider's independence of judgment in the performance of the person's responsibilities to the TDCJ; and

(B) All direct or indirect pecuniary interests the financial advisor or service provider has in any party to a transaction with the TDCJ, if the transaction is connected with any financial advice or service the financial advisor or service provider provides to the TDCJ in connection with the management or investment of state funds.

(2) The financial advisor or service provider shall disclose a relationship or pecuniary interest described by paragraph (1) of subsection (c) without regard to whether the relationship or pecuniary interest is a direct, indirect, personal, private, commercial, or business relationship.

(3) A financial advisor or service provider shall file an annual [~~annually a~~] statement with the TDCJ and with the State Auditor. The statement shall disclose each relationship and pecuniary interest described by paragraph (1) of subsection (c) or, if no relationship or pecuniary interest described by subsection (c) existed during the disclosure period, the statement shall affirmatively state that fact.

(4) The annual statement shall be filed no later than April 15 on a form prescribed by the TDCJ. The statement shall cover the reporting period of the previous calendar year.

(5) The financial advisor or service provider shall promptly file a new or amended statement with the TDCJ and with the State Auditor whenever there is new information to report under paragraph (1) of subsection (c).

(d) Standards of Conduct.

(1) Compliance.

(A) These standards are intended to be in addition to, and not in lieu of, a financial advisor's or service provider's obligations under its contract or service agreement with the TDCJ. In the event of a conflict between a financial advisor's or service provider's obligations under these standards and under its contract or services agreement, the standard that imposes a stricter ethics or disclosure requirement controls.

(B) A financial advisor or service provider shall be knowledgeable about these standards, keep current with revisions to these standards, and abide by the provisions set forth in these standards.

(C) In all professional activities, a financial advisor or service provider shall perform services in accordance with applicable laws, rules, and regulations of governmental agencies and other applicable authorities, including the TDCJ, and in accordance with any established policies of the TDCJ.

(2) Qualification Standards.

(A) A financial advisor or service provider shall render opinions or advice, or perform professional services only in those areas in which the financial advisor or service provider has competence based on education, training, or experience. In areas where a financial advisor or service provider is not qualified, the financial advisor or service provider shall seek the counsel of qualified individuals or refer the TDCJ to such persons.

(B) A financial advisor or service provider shall keep informed of developments in the field of financial planning and investments and participate in continuing education throughout the financial advisor's or service provider's relationship with the TDCJ [~~in order~~] to improve professional competence in all areas in which the financial advisor or service provider is engaged.

(3) Integrity.

(A) A financial advisor or service provider has an obligation to observe standards of professional conduct when [~~in the course of~~] providing advice, recommendations, and other services performed for the TDCJ. A financial advisor or service provider shall perform professional services with honesty, integrity, skill, and care. During all [~~In the course of~~] professional activities, a financial advisor or service provider shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation, or knowingly make a false or misleading statement to a client, employer, employee, professional colleague, governmental or other regulatory body or official, or any other person or entity.

(B) A financial advisor's or service provider's relationship with a third party shall not be used to obtain illegal or improper treatment from such third party on behalf of the TDCJ.

(4) Objectivity. A financial advisor or service provider shall maintain objectivity and be free of conflicts of interest in discharging their responsibilities. A financial advisor or service provider shall remain independent in fact and appearance when providing financial planning and investment advisory services to the TDCJ.

(5) Prudence. A financial advisor or service provider shall exercise reasonable and prudent professional judgment when [in] providing professional services to the TDCJ.

(6) Competence. A financial advisor or service provider shall discharge their responsibilities to the best of their ability and continually strive to improve their competence and quality of services [~~strive to continually improve their competence and quality of services, and discharge their responsibilities to the best of their ability~~].

(7) Conflicts of Interest.

(A) If a financial advisor or service provider is aware of any significant conflict between the interests of the TDCJ and the interests of another person, the financial advisor or service provider shall advise the TDCJ of the conflict and shall also include appropriate qualifications or disclosures in any related communication.

(B) A financial advisor or service provider shall not perform professional services involving an actual or potential conflict of interest with the TDCJ unless the financial advisor's or service provider's ability to act fairly is unimpaired, there has been full disclosure of the conflict to the TDCJ, and the TDCJ has expressly agreed in writing to the performance of the services by the financial advisor or service provider.

(8) Confidentiality.

(A) A financial advisor or service provider shall not disclose to another person any confidential information obtained from the TDCJ or regarding the TDCJ's investments unless authorized to do so by the TDCJ in writing or required to do so by law.

(B) In this section [~~For the purposes of this subsection~~], "confidential information" refers to information not in the public domain of which the financial advisor or service provider becomes aware while [~~during the course of~~] rendering professional services to the TDCJ. Confidential information [It] may include information of a proprietary nature, information that is excepted from disclosure under the Public Information Act, Chapter 552, Texas Government Code, or information restricted from disclosure under any contract or service agreement with the TDCJ.

(e) Contract Voidable. A contract under which a financial advisor or service provider renders financial services or advice to the TDCJ is voidable by the TDCJ if the financial advisor or service provider violates a standard of conduct outlined in this section [~~rule~~].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 17, 2024.

TRD-202402651

Stephanie Greger

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: July 28, 2024

For further information, please call: (936) 437-6700

CHAPTER 152. CORRECTIONAL INSTITUTIONS DIVISION

SUBCHAPTER D. OTHER RULES

37 TAC §152.61

The Texas Board of Criminal Justice (board) proposes amendments to §152.61, concerning Emergency Response to Law Enforcement Agencies or Departments and Non-Agent Private Prisons or Jails. The proposed amendments revise "rule" to "section" and "offender" to "inmate" throughout and make grammatical updates.

The anticipated public benefit, as a result of enforcing the proposed amendments, will be to enhance clarity and public understanding. No cost will be imposed on regulated persons.

The amendments are proposed under Texas Government Code §492.013, which authorizes the board to adopt rules; and §494.008, which establishes limited law enforcement powers for department employees.

Cross Reference to Statutes: None.

§152.61.Emergency Response to Law Enforcement Agencies or Departments and Non-Agent Private Prisons or Jails.

(a) Definitions. The following words and terms, when used in this section [~~rule~~], shall have the following meanings unless the context clearly indicates otherwise.

(1) "Assistance" refers to Texas Department of Criminal Justice (TDCJ) resources provided to law enforcement agencies or departments, and non-agent private prisons or jails such as personnel, equipment, vehicles, horses, tracking pack or scent specific canines, and chemical agents.

(2) "Emergency situation" is an event determined by a law enforcement agency that presents an immediate or potential threat to public safety if the TDCJ's assistance is not received. The situation will generally involve multiple inmates [~~offenders~~], an escape, or a hostage situation.

(3) "Law enforcement agency or department" is defined as the Texas Department of Public Safety (DPS), including the Texas Rangers; a municipal police department; a county sheriff's department; a federal law enforcement agency; a university police department; a campus police department; or a school district police department.

(4) "Non-agent private prison or jail" is any privately operated or owned prison or jail in Texas that does not have a contract with the TDCJ to house TDCJ inmates [~~offenders~~].

(5) "TDCJ facility" is any facility operated by or under contract with the TDCJ.

(b) Policy. It is the policy of the TDCJ to assist law enforcement agencies or departments requesting assistance in an emergency situation that presents an immediate or potential threat to public safety, such as apprehending an escapee of a municipal or county jail or a privately operated or federal correctional facility, if the TDCJ determines that providing assistance will not jeopardize the safety and security of the TDCJ and its personnel.

(1) Request for Assistance.

(A) If a non-agent private prison or jail believes that an emergency situation has arisen, it must immediately notify the nearest law enforcement agency to qualify for the TDCJ's assistance. In the case of a non-agent private prison or jail that operates a facility holding county inmates, the facility must first notify the county sheriff to qualify for the TDCJ's assistance.

(B) The law enforcement agency shall then determine whether the situation is indeed an emergency situation as defined in subsection (a)(2) of this section [~~rule~~]. If the situation is determined to be an emergency, the law enforcement agency shall identify the scope of assistance being requested by consulting with the non-agent private prison or jail to determine:

(i) Number and type of personnel needed;

(ii) Number and type of vehicles needed;

(iii) Amount and type of riot equipment needed;

(iv) Number and type of weapons needed, including chemical agents;

(v) Number of tracking pack or scent specific canines needed; and

(vi) Number of horses needed.

(C) After a Texas Ranger, DPS sergeant or higher-ranking officer, county sheriff, or municipal police chief reviews the information gathered in subsection (c)(1)(B) of this section [~~rule~~] and concurs with the scope of assistance required from the TDCJ, law enforcement agency staff may call the nearest TDCJ facility's warden or designee to request assistance. The law enforcement agency shall describe the assistance being requested and agree to have a representative available to take an active role at the site of the emergency situation when the TDCJ team arrives.

(2) Approval.

(A) The TDCJ warden or designee shall contact the appropriate Correctional Institutions Division (CID) regional director for approval to render assistance. The regional director may agree to provide assistance if the assistance will not jeopardize the safety and security of the TDCJ and its personnel.

(B) Once the TDCJ's assistance is approved, the warden or designee shall, in conjunction with the CID regional director, determine what requested resources shall be sent, based on the assessment of the information received as well as concurrent TDCJ needs. The warden or designee shall designate the senior member of the TDCJ emergency assistance team.

(3) Emergency Assistance.

(A) The responding TDCJ facility shall report the request for assistance and the facility's response to the Emergency Action Center (EAC) in accordance with AD-02.15, "Operations of the Emergency Action Center and Reporting Procedures for Serious or Unusual Incidents." The warden or designee shall be responsible for all follow-up actions as required by the directive.

(B) Arrival at the Emergency Situation Site.

(i) Upon arrival at the scene of the emergency situation site, the senior member of the TDCJ team shall be briefed by the representative of the law enforcement agency, department, or non-agent private prison or jail required by subsection (c)(1)(C) of this section [~~rule~~].

(ii) The senior member of the TDCJ team shall have sole discretion as to which TDCJ resources shall be deployed.

(D) If the emergency situation requires the use of tracking pack or scent specific canines, the requirements of AD-03.26, "The Use of TDCJ Canines," shall be followed.

(d) Reimbursement for Assistance. The non-agent private prison or jail shall reimburse the TDCJ for all assistance rendered, to include the cost of employees, equipment, and supplies, as well as a minimum of $1,000 for administrative overhead expenses. The TDCJ executive director may waive this requirement.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 17, 2024.

TRD-202402652

Stephanie Greger

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: July 28, 2024

For further information, please call: (936) 437-6700

CHAPTER 163. COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS

37 TAC §163.36

The Texas Board of Criminal Justice (board) proposes amendments to §163.36, concerning Supervision of Offenders with Mental Impairment. The proposed amendments revise the spelling of "judgement" to "judgment."

Mr. Steffa has also determined that for each year of the first five-year period, there will not be an economic impact on persons required to comply with the rules because the proposed amendments merely clarify existing procedures. There will not be an adverse economic impact on small or micro businesses or on rural communities. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the proposed amendments, will be to enhance clarity and public understanding. No cost will be imposed on regulated persons.

Comments should be directed to the Office of the General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, ogccomments@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this rule in the Texas Register.

The amendments are proposed under Texas Government Code §492.013, which authorizes the board to adopt rules; §509.003, which authorizes the board to adopt reasonable rules establishing standards and procedures for the TDCJ Community Justice Assistance Division; and Texas Health and Safety Code §614.013, which establishes requirements for continuity of care for offenders with mental impairments.

Cross Reference to Statutes: None.

§163.36.Supervision of Offenders with Mental Impairment.

(a) Offender with mental impairment means an offender with an illness, disease, or condition, other than epilepsy, dementia, substance abuse, or intellectual disability, that either substantially impairs a person's thoughts, perception of reality, emotional process, or judgment [~~judgement~~], or grossly impairs a person's behaviors as demonstrated by recent disturbed behavior.

(b) Community supervision and corrections department directors shall develop and implement policies and procedures for the effective supervision of offenders with mental impairment. Policies and procedures shall address at least the following and any other requirements imposed by special grant conditions:

(1) contact standards;

(2) treatment referral process within and outside of jurisdiction;

(3) coordination of services with treatment providers;

(4) treatment participation requirements;

(5) recommendations for modified conditions of supervision based on an offender's progress, risk factors, or ability to comply;

(6) caseload size; and

(7) violation procedures.

(c) Community supervision officers shall coordinate services with agencies within and outside the criminal justice system to address the needs of the offender with mental impairment.

(d) Departments closing or transferring out of county supervision of an offender with mental impairment shall complete a supervision summary within 14 days and forward the summary and all other pertinent treatment information to the criminal justice agency that assumes supervision of the offender.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 17, 2024.

TRD-202402653

Stephanie Greger

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: July 28, 2024

For further information, please call: (936) 437-6700