PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 4. COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES
SUBCHAPTER A. REGULATIONS GOVERNING HAZARDOUS MATERIALS
The Texas Department of Public Safety (the department) adopts amendments to §4.1, concerning Transportation of Hazardous Materials. This rule is adopted without changes to the proposed text as published in the April 12, 2024, issue of the Texas Register (49 TexReg 2250) and will not be republished.
The proposed amendment updates adoption of the federal hazardous materials regulations as amended through December 1, 2023.
No comments were received regarding the adoption of this rule.
This rule is adopted pursuant to Texas Transportation Code, Section 644.051, which authorizes the director to adopt rules regulating the safe transportation of hazardous materials and the safe operation of commercial motor vehicles; and authorizes the director to adopt all or part of the federal safety regulations by reference.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 20, 2024.
TRD-202402250
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: June 9, 2024
Proposal publication date: April 12, 2024
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts amendments to §4.15, concerning Compliance Review and Safety Audit Programs. This rule is adopted without changes to the proposed text as published in the April 12, 2024, issue of the Texas Register (49 TexReg 2256) and will not be republished.
The proposed amendment adds as an imminent hazard to the public a motor carrier's refusal to submit to an inspection and the practice of employing unqualified drivers with fraudulent foreign commercial driver licenses. It also specifies the documentation and retention requirements for a motor carrier that employs foreign commercial driver license personnel consistent with House Bill 4337, 88th Leg., R.S. (2023).
No comments were received regarding the adoption of this rule.
This rule is adopted pursuant to Texas Transportation Code, Section 644.051, which authorizes the director to adopt rules regulating the safe transportation of hazardous materials and the safe operation of commercial motor vehicles; and authorizes the director to adopt all or part of the federal safety regulations by reference.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 20, 2024.
TRD-202402251
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: June 9, 2024
Proposal publication date: April 12, 2024
For further information, please call: (512) 424-5848
CHAPTER 259. NEW CONSTRUCTION RULES
SUBCHAPTER B. NEW MAXIMUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS
The Texas Commission on Jail Standards (TCJS) adopts an amendment to rule §259.135 concerning dormitory housing and dayrooms, adopted without changes as published in the March 1, 2024, issue of the Texas Register (49 TexReg 1245). The rule will not be republished.
The Texas Commission on Jail Standards adopts amendments to Texas Administrative Code, Title 37, §259.135, relating to dormitory housing. Specifically, the adopted amendment addresses the generally accepted industry standard of direct supervision inmate housing areas with congregate levels that exceed 48 inmates. Counties that utilize the direct supervision concept for inmate supervision have been forced to apply for a variance from minimum jail standards to operate inmate housing areas with a congregate level that exceeds 48 inmates. The construction and utilization of inmate housing areas with congregate levels that exceed 48 inmates is common across the nation and 10 counties in Texas currently operate direct supervision housing areas with no negative impact. Amending minimum jail standards to allow congregate levels that exceed 48 inmates when operated as direct supervision will acknowledge that this concept is viable and encouraged for counties that are capable of operating direct supervision facilities.
No comments were received from the public regarding adoption of this amendment.
The amendment is adopted under the authority of Government Code, Chapter 511, which authorizes the Texas Commission on Jail Standards to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 24, 2024.
TRD-202402339
Brandon Wood
Executive Director
Texas Commission on Jail Standards
Effective date: June 13, 2024
Proposal publication date: March 1, 2024
For further information, please call: (512) 850-8668
The Texas Commission on Jail Standards (TCJS) adopts an amendment to rule §259.136 concerning dormitory housing and dayrooms, adopted without changes as published in the March 1, 2024, issue of the Texas Register (49 TexReg 1245). The rule will not be republished.
The adopted amendment addresses the generally accepted industry standard of direct supervision inmate housing areas and dayrooms with congregate levels that exceed 48 inmates. Counties that utilize the direct supervision concept for inmate supervision have been forced to apply for a variance from minimum jail standards to operate inmate housing areas and dayrooms with a congregate level that exceeds 48 inmates. The construction and utilization of inmate housing areas and dayrooms with congregate levels that exceed 48 inmates is common across the nation and 10 counties in Texas currently operate direct supervision housing areas with no negative impact. Amending minimum jail standards to allow congregate levels that exceed 48 inmates when operated as direct supervision will acknowledge that this concept is viable and encouraged for counties that are capable of operating direct supervision facilities.
No comments were received from the public regarding adoption of this amendment.
The amendment is adopted under the authority of Government Code, Chapter 511, which authorizes the Texas Commission on Jail Standards to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 24, 2024.
TRD-202402340
Brandon Wood
Executive Director
Texas Commission on Jail Standards
Effective date: June 13, 2024
Proposal publication date: March 1, 2024
For further information, please call: (512) 850-8668