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) adopts amendments to §§6.12, 6.14, and 6.18, concerning Eligibility and Application Procedures for a License to Carry a Handgun. These rules are adopted without changes to the proposed text as published in the June 28, 2024, issue of the Texas Register (49 TexReg 4741) and will not be republished.
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.
No comments were received regarding the adoption of these rules.
STATUTORY AUTHORITY
These rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas 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.
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 August 22, 2024.
TRD-202403871
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: September 11, 2024
Proposal publication date: June 28, 2024
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts amendments to §6.96, concerning First Responder Certification Courses. This rule is adopted without changes to the proposed text as published in the June 28, 2024, issue of the Texas Register (49 TexReg 4742) and will not be republished.
The department adopted amendments to this rule in relation to first responder certification courses. These amendments make minor changes in terminology to maintain consistency with amendments to §§6.12, 6.14, and 6.18 elsewhere in this issue of the Texas Register. 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.
No comments were received regarding the adoption of this rule.
This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas 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.
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 August 22, 2024.
TRD-202403872
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: September 11, 2024
Proposal publication date: June 28, 2024
For further information, please call: (512) 424-5848
SUBCHAPTER B. APPLICATION REQUIREMENTS--ORIGINAL, RENEWAL, DUPLICATE, IDENTIFICATION CERTIFICATES
The Texas Department of Public Safety (the department) adopts amendments to §§15.29, 15.34, and 15.38, concerning Application Requirements--Original, Renewal, Duplicate, Identification Certificates. These rules are adopted without changes to the proposed text as published in the June 28, 2024, issue of the Texas Register (49 TexReg 4743) and will not be republished.
The adopted amendments implement Senate Bill 1518, 88th Leg., R.S. (2023) and Senate Bill 1527, 88th Leg., R.S. (2023). Specifically, 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.
No comments were received regarding the adoption of these rules.
These rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code, §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.
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 August 22, 2024.
TRD-202403873
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: September 11, 2024
Proposal publication date: June 28, 2024
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts amendments to §15.42, concerning Social Security Number. This rule is adopted without changes to the proposed text as published in the June 28, 2024, issue of the Texas Register (49 TexReg 4745) and will not be republished.
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.
No comments were received regarding the adoption of this rule.
This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Transportation Code §521.005, which authorizes the department to adopt rules necessary to administer Chapter 521 of the Transportation Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 22, 2024.
TRD-202403875
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: September 11, 2024
Proposal publication date: June 28, 2024
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts amendments to §15.88, concerning Demand for Surrender. This rule is adopted without changes to the proposed text as published in the June 28, 2024, issue of the Texas Register (49 TexReg 4746) and will not be republished.
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."
No comments were received regarding the adoption of this rule.
This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code, §521.005, which authorizes the department to adopt rules necessary to administer Chapter 521 of the 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.
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 August 22, 2024.
TRD-202403877
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: September 11, 2024
Proposal publication date: June 28, 2024
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts amendments to §15.118, concerning Clearance Report. This rule is adopted without changes to the proposed text as published in the June 28, 2024, issue of the Texas Register (49 TexReg 4747) and will not be republished.
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.
No comments were received regarding the adoption of this rule.
This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code, §521.005, which authorizes the department to adopt rules necessary to administer Chapter 521 of the 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.
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 August 22, 2024.
TRD-202403880
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: September 11, 2024
Proposal publication date: June 28, 2024
For further information, please call: (512) 424-5848
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) adopts amendments to §§17.1 - 17.4, 17.6, 17.8, 17.11, 17.13, 17.14, and 17.16, concerning Administrative License Revocation. These rules are adopted without changes to the proposed text as published in the June 28, 2024, issue of the Texas Register (49 TexReg 4748) and will not be republished.
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.
No comments were received regarding the adoption of these rules.
These rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code, §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.
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 August 22, 2024.
TRD-202403881
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: September 11, 2024
Proposal publication date: June 28, 2024
For further information, please call: (512) 424-5848
SUBCHAPTER A. GENERAL PROVISIONS
The Texas Department of Public Safety (the department) adopts amendments to §§35.5, 35.9, and 35.13, concerning General Provisions. These rules are adopted without changes to the proposed text as published in the June 28, 2024, issue of the Texas Register (49 TexReg 4753) and will not be republished.
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.
No comments were received regarding the adoption of these rules.
These rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas 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.
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 August 22, 2024.
TRD-202403882
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: September 11, 2024
Proposal publication date: June 28, 2024
For further information, please call: (512) 424-5848
CHAPTER 151. GENERAL PROVISIONS
The Texas Board of Criminal Justice (board) adopts amendments to §151.75, concerning Standards of Conduct for Financial Advisors and Service Providers, without changes to the proposed text as published in the June 28, 2024, issue of the Texas Register (49 TexReg 4754). The rule will not be republished.
The adopted 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.
No comments were received regarding the amendments.
The amendments are adopted 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.
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 August 26, 2024.
TRD-202403938
Stephanie Greger
General Counsel
Texas Department of Criminal Justice
Effective date: September 15, 2024
Proposal publication date: June 28, 2024
For further information, please call: (936) 437-6700
SUBCHAPTER D. OTHER RULES
The Texas Board of Criminal Justice (board) adopts amendments to §152.61, concerning Emergency Response to Law Enforcement Agencies or Departments and Non-Agent Private Prisons or Jails, without changes to the proposed text as published in the June 28, 2024, issue of the Texas Register (49 TexReg 4756). The rule will not be republished.
The adopted amendments revise "rule" to "section" and "offender" to "inmate" throughout and make grammatical updates.
No comments were received regarding the amendments.
The amendments are adopted under Texas Government Code § 492.013, which authorizes the board to adopt rules; and § 494.008, which establishes limited law enforcement powers for department employees.
Cross Reference to Statutes: None.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 26, 2024.
TRD-202403944
Stephanie Greger
General Counsel
Texas Department of Criminal Justice
Effective date: September 15, 2024
Proposal publication date: June 28, 2024
For further information, please call: (936) 437-6700
SUBCHAPTER B. SITE SELECTION AND FACILITY NAMES
The Texas Board of Criminal Justice (board) adopts amendments to §155.23, concerning Site Selection Process for the Location of Additional Facilities, without changes to the proposed text as published in the May 10, 2024, issue of the Texas Register (49 TexReg 3193). The rule will not be republished.
The adopted amendments revise offender to inmate throughout; remove references to transfer facilities and the Prison Management Act; and reorganize language for clarity.
No comments were received regarding the amendments.
The amendments are adopted under Texas Government Code §492.013, which authorizes the board to adopt rules; and §496.007, which requires the board to evaluate the advantages and disadvantages of a proposed location before determination.
Cross Reference to Statutes: None.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 26, 2024.
TRD-202403940
Stephanie Greger
General Counsel
Texas Department of Criminal Justice
Effective date: September 15, 2024
Proposal publication date: May 10, 2024
For further information, please call: (936) 437-6700
The Texas Board of Criminal Justice (board) adopts amendments to §163.36, concerning Supervision of Offenders with Mental Impairment, without changes to the proposed text as published in the June 28, 2024, issue of the Texas Register (49 Tex.Reg. 4758). The rule will not be republished.
The adopted amendments revise the spelling of "judgement" to "judgment."
No comments were received regarding the amendments.
The amendments are adopted 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.
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 August 26, 2024.
TRD-202403948
Stephanie Greger
General Counsel
Texas Department of Criminal Justice
Effective date: September 15, 2024
Proposal publication date: June 28, 2024
For further information, please call: (936) 437-6700
CHAPTER 469. TECHNICAL RESCUE
The Texas Commission on Fire Protection (the Commission) adopts new chapter, 37 Texas Administrative Code Chapter 469, Technical Rescue, concerning §461.1 Rope Rescue Awareness Level/Operations Level Certification, §469.3 Minimum Standards for Rope Rescue Awareness Level/Operations Level, §469.5 Examination Requirement, §469.201 Rope Rescue Technician Level, §469.203 Minimum Standards for Rope Rescue Technician Level Certification, and §469.205 Examination Requirements.
The new chapter is adopted with changes as published in the July 12, 2024, issue of the Texas Register (49 TexReg 5003). The changes are made in Subchapter B, Minimum Standards for Rope Rescue, §469.203, Minimum Standards for Rope Rescue Technician Level Certification (C). The changes were made to note the combined test requirement. This rule will be republished. Sections 469.1, 469.3, 469.5, 469.201 and 469.205 are adopted without changes and will not be republished.
This new chapter is adopted to allow for technical rescue certification.
No comments were received from the public regarding the adoption of the new chapter.
SUBCHAPTER A. MINIMUM STANDARDS FOR ROPE RESCUE AWARENESS AND OPERATIONS
The new chapter is adopted under Texas Government Code §419.008(a), which provides the Commission may adopt rules for the administration of its powers and duties.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 26, 2024.
TRD-202403915
Frank King
General Counsel
Texas Commission on Fire Protection
Effective date: September 15, 2024
Proposal publication date: July 12, 2024
For further information, please call: (512) 936-3824
37 TAC §§469.201, 469.203, 469.205
The new sections are adopted under Texas Government Code §419.008(a), which provides the Commission may adopt rules for the administration of its powers and duties.
§469.203.Minimum Standards for Rope Rescue Technician Level Certification.
In order to be certified at the Rope Rescue Technician Level, an individual must:
(1) Option 1--hold certification as Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel; and
(A) hold a Rope Rescue Awareness Level/Operations Level certification through the commission; and
(B) complete a commission-approved Rope Rescue Technician Level program and successfully pass the commission examination for Rope Rescue Technician as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved Rope Rescue Technician Level program must consist of one of the following:
(i) completion of an in-state Rope Rescue Technician Level program meeting the requirements of the applicable NFPA standard and conducted by a commission-certified training provider that was submitted and approved through the commission's training prior approval system; or
(ii) successful completion of an out-of-state educational institution of higher education, and/or military training program that has been submitted to the commission for evaluation and found to meet the requirements of the applicable NFPA standard.
(2) Option 2--hold certification as Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel; and
(A) complete a commission-approved Rope Rescue Awareness Level/Operations Level program. An approved Rope Rescue Awareness Level/Operations Level program must consist of one of the following:
(i) completion of an in-state Rope Rescue Awareness Level/Operations Level program meeting the requirements of the applicable NFPA standard and conducted by a commission-certified training provider that was submitted and approved through the commission's training prior approval system; or
(ii) successful completion of an out-of-state educational institution of higher education, and/or military training program that has been submitted to the commission for evaluation and found to meet the requirements of the applicable NFPA standard; and
(B) complete a commission-approved Rope Rescue Technician Level program. An approved Rope Rescue Technician Level program must consist of one of the following:
(i) completion of an in-state Rope Rescue Technician Level program meeting the requirements of the applicable NFPA standard and conducted by a commission-certified training provider that was submitted and approved through the commission's training prior approval system; or
(ii) completion of an out-of-state educational institution of higher education, and/or military training program that has been submitted to the commission for evaluation and found to meet the requirements of the applicable NFPA standard; and
(C) successfully pass the commission examination for Rope Rescue Awareness Level & Operations Level combined with the Technician Level as specified in Chapter 439 of this title (relating to Examinations for Certification).
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 August 26, 2024.
TRD-202403916
Frank King
General Counsel
Texas Commission on Fire Protection
Effective date: September 15, 2024
Proposal publication date: July 12, 2024
For further information, please call: (512) 936-3824