REVIEW OF AGENCY RULES

Proposed Rule Reviews

Texas Department of Criminal Justice

Title 37, Part 6

The Texas Board of Criminal Justice files this notice of intent to review §151.71, concerning Marking of State Vehicles of the Department of Criminal Justice. This review is conducted pursuant to Texas Government Code §2001.039, which requires rule review every four years.

Elsewhere in this issue of the Texas Register, the Texas Board of Criminal Justice contemporaneously proposes amendments to §151.71.

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

TRD-201606482

Sharon Howell

General Counsel

Texas Department of Criminal Justice

Filed: December 12, 2016


The Texas Board of Criminal Justice files this notice of intent to review §151.73, concerning Texas Department of Criminal Justice Vehicle Assignments. This review is conducted pursuant to Texas Government Code §2001.039, which requires rule review every four years.

Elsewhere in this issue of the Texas Register, the Texas Board of Criminal Justice contemporaneously proposes amendments to §151.73.

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

TRD-201606490

Sharon Howell

General Counsel

Texas Department of Criminal Justice

Filed: December 12, 2016


The Texas Board of Criminal Justice files this notice of intent to review §155.23, concerning the Site Selection Process for the Location of Additional Facilities. This review is conducted pursuant to Texas Government Code §2001.039, which requires rule review every four years.

Elsewhere in this issue of the Texas Register, the Texas Board of Criminal Justice contemporaneously proposes amendments to §155.23.

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

TRD-201606502

Sharon Howell

General Counsel

Texas Department of Criminal Justice

Filed: December 12, 2016


The Texas Board of Criminal Justice files this notice of intent to review §163.21, concerning Administration. This review is conducted pursuant to Texas Government Code §2001.039, which requires rule review every four years.

Elsewhere in this issue of the Texas Register, the Texas Board of Criminal Justice contemporaneously proposes amendments to §163.21.

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

TRD-201606511

Sharon Howell

General Counsel

Texas Department of Criminal Justice

Filed: December 12, 2016


Texas Department of Licensing and Regulation

Title 16, Part 4

The Texas Department of Licensing and Regulation (Department) files this notice of intent to review and consider for re-adoption, revision, or repeal, Title 16, Texas Administrative Code, Chapter 85, Vehicle Storage Facilities Program. This review and consideration is being conducted in accordance with the requirements of Texas Government Code, §2001.039.

An assessment will be made by the Department as to whether the reasons for adopting or readopting these rules continue to exist. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the Department.

Any questions or written comments pertaining to this rule review may be submitted by mail to Neta Lamas, Legal Assistant, General Counsel’s Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or by facsimile to (512) 475-3032, or electronically to erule.comments@tdlr.texas.gov. The deadline for comments is 30 days after publication in the Texas Register.

Any proposed changes to these rules as a result of the rule review will be published in the Proposed Rule Section of the Texas Register. The proposed rules will be open for public comment prior to final adoption or repeal by the Department, in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

§85.1 Authority.

§85.10 Definitions.

§85.20 Exemptions.

§85.200 License required--Vehicle Storage Facility.

§85.201 License Requirements--Vehicle Storage Facility License.

§85.202 License Approval--Vehicle Storage Facility.

§85.203 License Requirements--Vehicle Storage Facility License Renewal.

§85.204 License Requirements--Vehicle Storage Facility Employee License.

§85.205 Licensing Requirements--Dual Vehicle Storage Facility Employee and Towing Operator License.

§85.206 License Requirements--Vehicle Storage Facility Employee License Renewal; Dual Vehicle Storage Facility Employee and Towing Operator License.

§85.207 License--Notice of Proposed Denial, Opportunity to Comply.

§85.208 Department Notifications to Licensee.

§85.209 Licenses--License Terms.

§85.400 Insurance Requirements.

§85.450 Inspections--General.

§85.451 Periodic Inspections.

§85.452 Risk-based Inspections.

§85.453 Corrective Actions Following Inspection.

§85.650 Towing, Storage, and Booting Advisory Board.

§85.700 Responsibilities of the Licensee--Proof of Exempt Status.

§85.701 Responsibilities of Licensee--Advertising.

§85.702 Responsibilities of Licensee--Changes to VSF Operator and VSF Employee License.

§85.703 Responsibilities of Licensee--Notice to Vehicle Owner or Lienholder.

§85.704 Responsibilities of Licensee--Second Notice; Consent to Sale.

§85.705 Responsibilities of Licensee--Report to Law Enforcement.

§85.706 Responsibilities of Licensee--Documentation and Records.

§85.707 Responsibilities of Licensee--Notice of Complaint Procedure.

§85.708 Responsibilities of Licensee--Rights of Owner or Authorized Representative.

§85.709 Responsibilities of Licensee--Unpermitted Tow Trucks Prohibited.

§85.710 Release of Vehicles.

§85.711 Responsibilities of Licensee--Forms of Payment for Release of Vehicle.

§85.712 Responsibilities of Licensee--Release of Vehicles; Payment by Lienholder or Insurance Company.

§85.713 Responsibilities of Licensee--Release of Vehicles From Law Enforcement.

§85.714 Responsibilities of Licensee--Provide Insurance Information to Vehicle Owner.

§85.715 Responsibilities of Licensee--Publicly Listed Telephone Number.

§85.716 Responsibilities of Licensee--Inspection of Stored Vehicles.

§85.717 Responsibilities of Licensee--Removal of Parts; Dismantling or Demolishing Stored Vehicles.

§85.718 Responsibilities of Licensee--Use of Stored Vehicles Prohibited.

§85.719 Responsibilities of Licensee--Reasonable Storage Efforts; Impoundment of Stored Vehicles; Impoundment Fees.

§85.720 Responsibilities of Licensee--Repair; Alteration of Stored Vehicles Prohibited.

§85.722 Responsibilities of Licensee--Storage Fees and Other Charges.

§85.723 Responsibilities of Licensee--Disposal of Certain Vehicles.

§85.724 Responsibilities of Licensee--Disposition of Abandoned Nuisance Vehicle.

§85.725 Responsibilities of Licensee--Drug Testing Policy.

§85.726 Responsibilities of Licensee--Honesty, Trustworthiness, and Integrity.

§85.800 Fees.

§85.900 Administrative Sanctions and Penalties.

§85.1000 Technical Requirements--Facility Fencing Requirements.

§85.1001 Technical Requirements--Storage Lot Surface.

§85.1002 Technical Requirements--Storage Lot Lighting.

§85.1003 Technical Requirements--Storage Lot Signs.

§85.1004 Technical Requirements--Company Records.

TRD-201606578

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Filed: December 14, 2016


The Texas Department of Licensing and Regulation (Department) files this notice of intent to review and consider for re-adoption, revision, or repeal, Title 16, Texas Administrative Code, Chapter 86, Vehicle Towing and Booting Program. This review and consideration is being conducted in accordance with the requirements of Texas Government Code, §2001.039.

An assessment will be made by the Department as to whether the reasons for adopting or readopting these rules continue to exist. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the Department.

Any questions or written comments pertaining to this rule review may be submitted by mail to Neta Lamas, Legal Assistant, General Counsel's Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or by facsimile to (512) 475-3032, or electronically to erule.comments@tdlr.texas.gov. The deadline for comments is 30 days after publication in the Texas Register.

Any proposed changes to these rules as a result of the rule review will be published in the Proposed Rule Section of the Texas Register. The proposed rules will be open for public comment prior to final adoption or repeal by the Department, in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

§86.1 Authority and Purpose

§86.10 Definitions

§86.200 Tow Truck Permit--Required

§86.201 Tow Truck Permit--Incident Management Towing

§86.202 Tow Truck Permit--Private Property Towing

§86.203 Tow Truck Permit--Consent Towing

§86.204 Tow Truck Permit--Approval and Issuance

§86.205 Tow Truck Permit--Renewal

§86.206 Tow Truck Cab Cards

§86.207 Licensing Requirements--Towing Operator License

§86.208 Towing Operator Licensing--Approval and Issuance

§86.209 Licensing Requirements--Incident Management Towing Operator License

§86.210 Licensing Requirements--Private Property Towing Operator License

§86.211 Licensing Requirements--Consent Towing Operator License

§86.212 Licensing Requirements--Dual Vehicle Storage Facility Employee and Towing Operator License

§86.213 Licensing Requirements--Towing Operator Training License

§86.214 Licensing Renewal--Towing Operators

§86.215 Licensing Requirements--Towing Company License Required

§86.216 Towing Company License--Approval and Issuance

§86.217 Towing Company License Renewal

§86.218 Department Notifications to Licensee or Permit Holder

§86.225 Emergency Consent Tow Truck Permit, Consent Tow Operator License, and Tow Company License

§86.226 Emergency Consent Tow Truck Permit

§86.227 Emergency Consent Tow Operator License

§86.228 Emergency Tow Company License

§86.250 License Requirements--Towing Operator Continuing Education

§86.400 Insurance Requirements--Tow Truck Permits

§86.450 Inspections--General

§86.451 Periodic Inspections

§86.452 Risk-based Inspections

§86.453 Corrective Actions Following Inspection

§86.455 Private Property Tow Fees

§86.458 Fees for Nonconsent Tows, Refunds

§86.500 Reporting Requirements--Towing Company

§86.650 Towing, Storage, and Booting Advisory Board

§86.700 Responsibilities of Tow Truck Permit Holder--Storage of Towed Vehicles

§86.701 Responsibilities of Tow Truck Permit Holder--Tow Truck Signage

§86.702 Responsibilities of Licensee and Permit Holder--Change Name, Address, or Drug and Alcohol Testing Policy

§86.703 Responsibilities of Towing Company--Change of Ownership

§86.705 Responsibilities of Towing Company--Standards of Conduct

§86.706 Responsibilities of Towing Company--Required Postings at Vehicle Storage Facility (VSF)

§86.708 Responsibilities of Towing Company--Tow Truck License Plates

§86.709 Responsibilities of Towing Company--Tow Ticket

§86.710 Responsibilities of Towing Company--Drug and Alcohol Testing Policy

§86.711 Responsibilities of Towing Company--Honesty, Trustworthiness, and Integrity

§86.715 Responsibilities of Towing Operators--Standards of Conduct

§86.800 Fees

§86.900 Sanctions and Administrative Penalties

§86.901 Cease and Desist Order

§86.902 Requirement to Reimburse

§86.903 Enforcement of Unpaid Judgments

§86.1000 Technical Requirements--Tow Truck Safety Equipment and Truck Operations

§86.1001 Technical Requirements--Towing Operator Safety Clothing and Identification

§86.1002 Technical Requirements--Towing Company Records

TRD-201606577

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Filed: December 14, 2016


Adopted Rule Reviews

Texas A&M Forest Service

Title 4, Part 12

The Texas A&M Forest Service (Agency) adopts the review of Chapter 216 of the Texas Administrative Code, Title 4, Part 12 concerning the Rural Volunteer Fire Department Assistance Program in accordance with Texas Government Code §2001.039. The proposed notice of intent to review the rule was published in the October 21, 2016 issue of the Texas Register (41 TexReg 8297). No comments were received on the proposed rule review.

The Agency finds that the reasons for adopting the rule continue to exist. The rule is not obsolete, reflects current legal and policy considerations, and reflects current procedures of the Agency.

TRD-201606406

Robby DeWitt

Associate Director for Finance and Administration

Texas A&M Forest Service

Filed: December 8, 2016


Texas Board of Architectural Examiners

Title 22, Part 1

The Texas Board of Architectural Examiners (Board) has completed the review of Texas Administrative Code, Title 22, Part 1, Chapters 5 and 7, concerning Registered Interior Designers and Administration, respectively.

The rule review was conducted pursuant to Texas Government Code, §2001.039. Notice of the review of 22 TAC Part 1, Chapters 5 and 7 was published in the September 9, 2016, issue of the Texas Register (41 TexReg 7139). The Board received no comments in response to that notice.

As a result of internal review by the agency, the Board has determined that amendments to the following rules in Chapter 5 are necessary: §5.5 and §5.34. The proposed amendments to Chapter 5 are being concurrently published elsewhere in this issue of the Texas Register.

Subject to the proposed rule changes in Chapter 5, the Board finds that the reasons for initially adopting the rules in Chapter 5 and 7 continue to exist, and readopts each rule in accordance with the requirements of Texas Government Code, §2001.039.

This concludes the review of 22 TAC Part 1, Chapters 5 and 7.

TRD-201606507

Lance Brenton

General Counsel

Texas Board of Architectural Examiners

Filed: December 12, 2016


Texas Department of Criminal Justice

Title 37, Part 6

The Texas Board of Criminal Justice adopts the review of §163.46, concerning Allocation Formula for Community Corrections Program, in accordance with Texas Government Code §2001.039, which requires rule review every four years.

The proposed rule review was published in the November 4, 2016, issue of the Texas Register (41 TexReg 8831).

No comments were received regarding the rule review.

The agency’s reason for adopting the rule continues to exist.

TRD-201606518

Sharon Howell

General Counsel

Texas Department of Criminal Justice

Filed: Dcember 12, 2016