TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

CHAPTER 6. LICENSE TO CARRY HANDGUNS

SUBCHAPTER A. GENERAL PROVISIONS

37 TAC §6.1, §6.2

The Texas Department of Public Safety (the department) proposes the repeal of §6.1 and §6.2, concerning General Provisions. The repeal of Subchapter A is filed simultaneously with proposed new Chapter 6. This repeal, and the proposal of new Chapter 6, is necessary to implement the requirements of Texas Government Code, Chapter 411 as amended by House Bill 910, 84th Legislative Session. House Bill 910 authorized a person who is licensed to carry a handgun to openly carry a handgun so this repeal and new proposed rules are necessary to remove references to "concealed" in the license to carry a handgun rules. The rules in Chapter 6 were consolidated and updated to eliminate unnecessary references and to reflect current licensing procedures applicable to applicants for a handgun license and for certification as a qualified handgun instructor.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period the repeal 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 or micro-businesses required to comply with the repeal as proposed. There is no anticipated economic cost to individuals who are required to comply with the repeal as proposed. There is no anticipated negative impact on local employment.

In addition, Ms. Whittenton has also determined that for each year of the first five-year period the repeal is in effect, the public benefit anticipated as a result of enforcing the repeal will be greater clarity in the agency's administrative rules and consistency with legislative changes.

The department has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk 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 a 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.

Comments on this proposal may be submitted to Steve Moninger, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0246, or by email at https://www.dps.texas.gov/rsd/contact/default.aspx. Select "Handgun Licensing". Comments must be received no later than thirty (30) days from the date of publication of this proposal.

This proposal is repealed 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 §411.197 which authorizes the director to adopt rules to administer this subchapter.

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

§6.1.Definitions.

§6.2.Method of Payment.

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 December 15, 2016.

TRD-201606600

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: January 29, 2017

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


37 TAC §6.1

The Texas Department of Public Safety (the department) proposes new §6.1, concerning Definitions. The proposal of a new §6.1 is necessary to implement the requirements of Texas Government Code, Chapter 411, as amended by House Bill 910, 84th Legislative Session. House Bill 910 authorized a person who is licensed to carry a handgun to openly carry a handgun so this repeal and new proposed rules are necessary to remove references to "concealed" in the license to carry a handgun rules. The new §6.1 removes unnecessary terms and clarifies references in current existing definitions.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period the 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 or micro-businesses required to comply with the rule 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.

In addition, Ms. Whittenton has also determined that for each year of the first five-year period the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be the ability to find and understand the regulations and procedures to obtain a license to carry a handgun.

The department has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk 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 a 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.

Comments on this proposal may be submitted to Steve Moninger, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0246, or by email at https://www.dps.texas.gov/rsd/contact/default.aspx. Select "Handgun Licensing". Comments must be received no later than thirty (30) days from the date of publication of this proposal.

This new rule is proposed 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 §411.197 which authorizes the director to adopt rules to administer this subchapter.

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

§6.1.Definitions.

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

(1) Act--Texas Government Code, Chapter 411, Subchapter H.

(2) Certificate--The authorization to instruct and test applicants for a license to carry a handgun under the Act.

(3) Department--The Texas Department of Public Safety

(4) License--The license to carry a handgun issued under the Act.

(5) License holder--A person licensed to carry a handgun under the Act.

(6) Qualified handgun instructor--A person certified under the Act to instruct and test applicants for a license to carry a handgun under the Act.

(7) Warning--A written notification of a violation.

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 December 15, 2016.

TRD-201606603

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: January 29, 2017

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


SUBCHAPTER B. ELIGIBILITY AND APPLICATION PROCEDURES

37 TAC §§6.11 - 6.15

The Texas Department of Public Safety (the department) proposes the repeal of §§6.11 - 6.15, concerning Eligibility and Application Procedures. The repeal of Subchapter B is filed simultaneously with proposed new Chapter 6. This repeal, and the proposal of new Chapter 6, is necessary to implement the requirements of Texas Government Code, Chapter 411 as amended by House Bill 910, 84th Legislative Session. House Bill 910 authorized a person who is licensed to carry a handgun to openly carry a handgun so this repeal and new proposed rules are necessary to remove references to "concealed" in the license to carry a handgun rules. The rules in Chapter 6 were consolidated and updated to eliminate unnecessary references and to reflect current licensing procedures applicable to applicants for a handgun license and for certification as a qualified handgun instructor.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period the repeal 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 or micro-businesses required to comply with the repeal as proposed. There is no anticipated economic cost to individuals who are required to comply with the repeal as proposed. There is no anticipated negative impact on local employment.

In addition, Ms. Whittenton has also determined that for each year of the first five-year period the repeal is in effect, the public benefit anticipated as a result of enforcing the repeal will be greater clarity in the agency's administrative rules and consistency with legislative changes.

The department has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk 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 a 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.

Comments on this proposal may be submitted to Steve Moninger, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0246, or by email at https://www.dps.texas.gov/rsd/contact/default.aspx. Select "Handgun Licensing". Comments must be received no later than thirty (30) days from the date of publication of this proposal.

This proposal is repealed 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 §411.197 which authorizes the director to adopt rules to administer this subchapter.

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

§6.11.Proficiency Requirements.

§6.12.Application Procedure and Required Materials.

§6.13.Application Review and Background Investigation.

§6.14.Duplicate License.

§6.15.Renewal of License.

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 December 15, 2016.

TRD-201606604

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: January 29, 2017

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


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

37 TAC §§6.11 - 6.16

The Texas Department of Public Safety (the department) proposes new §§6.11 - 6.16, concerning Eligibility and Application Procedures for a License to Carry a Handgun. The proposal of new §§6.11 - 6.16 is necessary to implement the requirements of Texas Government Code, Chapter 411 as amended by House Bill 910, 84th Legislative Session. House Bill 910 authorized a person who is licensed to carry a handgun to openly carry a handgun so this repeal and new proposed rules are necessary to remove references to "concealed" in the license to carry a handgun rules. The proposed §§6.11 - 6.16 are reorganized to remove unnecessary duplications, consolidate licensing requirements, remove rules no longer required by statute, clarify licensing requirements, and correct agency references.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period the 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 or micro-businesses required to comply with the rules 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.

In addition, Ms. Whittenton has also determined that for each year of the first five-year period the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be the ability to find and understand the regulations and procedures to obtain a license to carry a handgun.

The department has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk 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 a 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.

Comments on this proposal may be submitted to Steve Moninger, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0246, or by email at https://www.dps.texas.gov/rsd/contact/default.aspx. Select "Handgun Licensing". Comments must be received no later than thirty (30) days from the date of publication of this proposal.

These new rules are proposed 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 §411.197 which authorizes the director to adopt rules to administer this subchapter.

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

§6.11.Application Review and Background Investigation.

(a) The statutory time periods for the department to conduct application reviews and background investigations shall be measured from the date a complete application is received by the department.

(b) For an application to be considered complete, the department must receive all information required by the Act and this chapter, including additional requests for information, and all nonrefundable fees must be paid.

(c) If an application is not legible or complete, the department will notify the applicant of the deficiency. The applicant will have 90 days from the date of the deficiency notification letter to amend the application. Upon written request, the department may extend the period to amend the application for one additional 90 day period. After the period to amend expires, the application process is terminated.

(d) An individual whose application is terminated under this subsection will be required to submit new application materials and fees to apply for a license in the future.

§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.

§6.13.Photographs.

(a) An applicant for a license must submit photographs unless the applicant holds an unexpired Texas driver license or an unexpired Texas personal identification certificate.

(b) If an applicant is required to submit photographs, the applicant shall submit two recent identical photographs of the applicant to the department. The photographs must:

(1) be passport style, unretouched color prints and not snapshots, vending machine prints, or full length photographs;

(2) be 2 inches by 2 inches in size and printed on photo quality paper;

(3) be taken in normal light, with a contrasting white, off-white, or blue background;

(4) present a clear, frontal image of the applicant and include the full face from the bottom of the chin to the top of the head, including hair; and

(5) be taken without eyeglasses.

(c) Unless worn daily for religious purposes, all hats or headgear must be removed for the photograph and no item or attire may cover or otherwise obscure any facial features, including the eyes, nose, and mouth.

§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) (.pdf)

(b) A handgun license applicant must score at least 70% on the written examination and the proficiency examination.

(c) A handgun license applicant will have three opportunities to pass the written examination and the proficiency examination within a 12 month period.

(d) The qualified handgun instructor must submit failures of the written examination or the proficiency examination to the department on the class completion notification and 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 and proficiency examinations, the qualified handgun instructor shall certify the handgun license applicant has established his or her proficiency on the form and in the manner determined by the department.

§6.15.Duplicate License.

A license holder may not possess more than one license to carry a handgun issued by the department. A license holder who receives a renewal or duplicate license shall destroy the old license promptly upon receipt of the duplicate license.

§6.16.Renewal of License.

(a) An expired license may be renewed for up to one year after the expiration date. If the license has been expired for more than one year, the former license holder must submit an original license application to receive a license in the future.

(b) Renewal notices will be provided to a license holder no more than six months before the expiration date to the mailing address currently reported to the department by the license holder.

(c) The renewal fee for a license will be $70 except as otherwise provided by the Act.

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 December 15, 2016.

TRD-201606605

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: January 29, 2017

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


SUBCHAPTER C. QUALIFIED HANDGUN INSTRUCTOR LICENSE

37 TAC §§6.31 - 6.47

The Texas Department of Public Safety (the department) proposes new §§6.31 - 6.47, concerning Qualified Handgun Instructor License. The proposal of new §§6.31 - 6.47 is necessary to implement the requirements of Texas Government Code, Chapter 411 as amended by House Bill 910, 84th Legislative Session. House Bill 910 authorized a person who is licensed to carry a handgun to openly carry a handgun so the new proposed rules are necessary to remove references to "concealed" in the license to carry a handgun rules. The proposed §§6.31 - 6.47 are reorganized to remove unnecessary duplications, consolidate licensing requirements, remove rules no longer required by statute, and clarify licensing requirements, and correct agency references.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period the 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 or micro-businesses required to comply with the rules 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.

In addition, Ms. Whittenton has also determined that for each year of the first five-year period the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be the ability to find and understand the regulations and procedures to obtain certification as a qualified handgun instructor.

The department has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk 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 a 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.

Comments on this proposal may be submitted to Steve Moninger, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0246, or by email at https://www.dps.texas.gov/rsd/contact/default.aspx. Select "Handgun Licensing". Comments must be received no later than thirty (30) days from the date of publication of this proposal.

These rules are proposed 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 §411.197, which authorizes the director to adopt rules to administer this subchapter.

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

§6.31.Qualified Handgun Instructor Application.

(a) If an incomplete qualified handgun instructor application is received, the department will notify the applicant in writing the application is incomplete and specify the information needed to complete the application. The additional information must be submitted to the department within 90 days of the date of the deficiency notice. Failure to provide the required documentation within the specified time period will result in termination of the application.

(b) In addition to the provisions of this section, a person applying for a qualified handgun instructor license must comply with all standards and requirements applicable to the eligibility and application procedure for a license to carry a handgun, as detailed in Subchapter B of this chapter.

§6.32.Instructor Training.

(a) As part of the initial training course, the qualified handgun instructor applicant must demonstrate handgun proficiency and pass a written examination.

(b) Once a qualified handgun instructor applicant has submitted a complete application, the department will schedule the applicant for a qualified handgun instructor course and notify the applicant of the date, time and location of the course. Only scheduled qualified handgun instructor applicants will be permitted to attend the course.

(c) A qualified handgun instructor applicant who is required to attend in person and is not able to attend the course of instruction for which he or she is scheduled may request to be rescheduled for another class. If the instructor applicant fails to attend this second scheduled class, the application will be terminated and the individual will be required to submit a new application in order to attend a course in the future.

§6.33.Handgun Proficiency Training Equipment.

A qualified handgun instructor applicant must bring the required equipment, detailed in this section, to handgun proficiency training: one semi-automatic handgun; one non semi-automatic handgun; ammunition; ear protection (over-the-ear) and eye protection; other appropriate protective clothing; and other equipment as determined by the department. Handguns must be at least .32 caliber.

§6.34.Inspection of Handguns.

Each handgun used in a training course must be in safe and working condition. No handgun may have any internal modification which compromises the safety of the weapon. Handguns are subject to inspection by the department's instructors prior to training and at any time during the training course. If the department's instructor finds a weapon is unsafe, then the instructor will reject the weapon for use in training and qualifications. The instructor may require any handgun be secured or removed from department premises.

§6.35.Qualifying Scores.

(a) A qualified handgun instructor applicant must qualify using the department's course of fire on both the semi-automatic and non semi-automatic handgun with a minimum score of 90%. The instructor applicant will have two opportunities to demonstrate proficiency as described in §6.14(a) of this title (relating to Proficiency Requirements) during the training course.

(b) A qualified handgun instructor applicant must pass a written exam with a minimum score of 80%. The instructor applicant will be given two opportunities to pass the written exam during the training course.

(c) The department will terminate a qualified handgun instructor applicant who fails to complete the course or fails to pass either the written or proficiency examination on the second attempt.

§6.36.Conduct During Training.

(a) A qualified handgun instructor applicant may be removed from the training course at the discretion of the department. Reasons for removal may include but are not limited to unsafe conduct, unsafe handling of equipment, failure to follow range rules, or failure to follow all applicable state and federal laws.

(b) The department may terminate the application of a qualified handgun instructor applicant who is removed from the training course.

§6.37.Failure to Qualify for Certification.

An instructor applicant who fails to qualify on their first attempt for certification will be given a preference for an opportunity to attend the normal course of instruction within 12 months.

§6.38.No Authority To Carry.

Certification as an instructor does not authorize a person to carry a handgun.

§6.39.Prior Notice of Training Required.

For each training session, a qualified handgun instructor shall give prior notice to the department of the date, time, classroom location, range name and location, and the names and certificate numbers of one or more qualified handgun instructors who are responsible for the training session. Notice shall be submitted in a manner required by the department.

§6.40.Facilities and Instruction.

(a) All instruction must be conducted in person by qualified handgun instructors who hold a valid certificate in Texas. Guest instructors, webinars, and videos may not substitute for the required course hours.

(b) All classroom and range instruction for license applicants shall be conducted in this state. Classroom and range instruction may be subject to observation by the department, for purposes of ensuring compliance with the instruction and examination requirements. Instruction may not be conducted at a location not accessible to the department.

(c) The department's current curriculum must be used by the qualified handgun instructor.

§6.41.Instructor Reports to the Department.

(a) On completion of a training course by an applicant for a license, the qualified handgun instructor who trained the applicant shall submit a class completion report to the department within five business days indicating only whether the applicant passed or failed.

(b) If an accidental discharge occurs during training or proficiency examination, the qualified handgun instructor shall submit a report to the department within five business days.

(c) Reports must be submitted using the forms approved by the department.

§6.42.Record Retention.

(a) A qualified handgun instructor shall make available for inspection to the department any and all records maintained by the instructor under the Act. A qualified handgun instructor shall retain:

(1) the instructor's certificate of training;

(2) course materials including curriculum, lesson plans, presentations, and any other documents used during the course; and

(3) copies of reports submitted to the department.

(b) Records must be retained for a period of six years after completion. Records must be stored in a safe and secure place and must be available for inspection by the department.

§6.43.Restrictions on Advertising and Promotional Material.

(a) A qualified handgun instructor may not use the State Seal of Texas in advertising or promotional materials other than as provided in Business and Commerce Code, §17.08.

(b) A qualified handgun instructor may not use the department's name or insignia, or the name of any division of the department, in advertising or promotional materials, in a manner misleading to the general public.

§6.44.Compliance.

Qualified handgun instructor applicants and qualified handgun instructors are required to comply with all applicable municipal ordinances, state and federal statutes, and rules, regulations, policies and operational procedures of the department. Failure to comply may constitute grounds for denial, suspension, or revocation of the person's qualified handgun instructor certification or removal from training.

§6.45.Administrative Penalties.

(a) A qualified handgun instructor may be subject to disciplinary action for violations of this chapter or the Act. The figure in this section provides the administrative penalty schedule for violations.

Figure: 37 TAC §6.45(a) (.pdf)

(b) If multiple violations are found, the department may impose separate penalties for each violation as noted on the penalty schedule. The department may require multiple suspension periods be served consecutively based on the severity, duration, frequency and seriousness of the violations.

(c) Any violation of the same category committed after a prior finalized violation will be subject to an enhanced penalty. A finalized violation is a violation that was finally adjudicated or was not requested to be reviewed under §411.180 and §411.191 of the Act.

(d) The department may impose an enhanced penalty in cases involving particularly egregious, dangerous, or intentional violations.

(e) Review of the department's actions under this section are governed by §411.191 of the Act.

(f) No courses may be offered or conducted following a final suspension or revocation of the instructor's certification. Applications for a license to carry a handgun submitted based on a course taken from an instructor whose certification is suspended or revoked will be rejected as incomplete.

§6.46.Renewal of Qualified Handgun Instructor Certification.

(a) The certificate of a qualified handgun instructor expires on December 31 following the second anniversary after the date the certificate was issued.

(b) To renew certification, an instructor must pay a fee of $100 and successfully complete the retraining courses required by the department. An instructor whose certificate has expired may renew the certificate up to one year after its expiration. After one year, the instructor must reapply as a new qualified handgun instructor applicant.

§6.47.Online Renewal Course for Qualified Handgun Instructor Certification.

(a) An online renewal course for qualified handgun instructors will be conducted every alternate renewal period. Qualified handgun instructor renewal applicants who are eligible for online retraining under §411.190(d-1) of the Act will be notified.

(b) A qualified handgun instructor who is eligible to take the renewal course online must complete the course prior to the expiration of the instructor's current certificate, but not earlier than six months prior to the date of expiration. If the instructor fails to complete the course within six months of the date of expiration, the application will be terminated and the individual will be required to submit a new application.

(c) A written examination must be taken and passed with a minimum score of 80%.

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 December 15, 2016.

TRD-201606606

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: January 29, 2017

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


SUBCHAPTER D. SCHOOL SAFETY CERTIFICATION FOR QUALIFIED HANDGUN INSTRUCTORS

37 TAC §6.61, §6.62

The Texas Department of Public Safety (the department) proposes new §6.61 and §6.62, concerning School Safety Certification for Qualified Handgun Instructors. New §6.61 and §6.62 are necessary to implement the requirements of Texas Government Code, Chapter 411 as amended by Senate Bill 1857, 83rd Legislative Session.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period the 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 or micro-businesses required to comply with proposed new §6.62. 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 also determined §6.61, relating to the application fee for a school safety instructor certification, may have adverse economic effects on small businesses or micro-businesses required to comply with this rule as proposed. The department estimates that there will be twenty four applicants for the instructor certification, per year, all of which will be small and micro businesses. These estimates are based on the interest expressed by current qualified handgun instructors and the participation of instructors in two pilot classes conducted by the department. The fee is based on the percentage of time it will take a commissioned peace officer to teach the course and the costs of supplies divided by the estimated number of students taught per year. Texas Government Code, §411.1901 requires the department to establish a fee in an amount that is sufficient to cover the costs of the school safety certification. Because the proposed fees are based on the cost of administering the program, they are consistent with the statutory requirements. No alternative fees were considered given the small number of anticipated applicants; exemptions would not serve to cover the costs of the program. Any variance would be inconsistent the health, safety, and environmental and economic welfare of the state. Additionally, any grace period during which a licensee could teach the school safety course without having paid for the certification would conflict with the statutory requirements and be inconsistent with the economic welfare of the state.

In addition, Ms. Whittenton has also determined that for each year of the first five-year period the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be an improved understanding of the process for the certification of qualified handgun instructors in school safety.

The department has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk 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 a 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.

Comments on this proposal may be submitted to Steve Moninger, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0246, or by email at https://www.dps.texas.gov/rsd/contact/default.aspx. Select "Handgun Licensing". Comments must be received no later than thirty (30) days from the date of publication of this proposal.

These new rules are proposed 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 §411.197 which authorizes the director to adopt rules to administer the license to carry a handgun program, and §411.1901(e) which authorizes the department to adopt rules to administer §411.1901.

Texas Government Code, §411.004(3), §411.197 and §411.1901(e), are affected by this proposal.

§6.61.Application for School Safety Instructor Certification.

(a) A person is eligible for a school safety instructor certification if the person is currently certified by the department as a qualified handgun instructor; has no suspension, revocation or other disciplinary actions pending; and has taught at least four license to carry a handgun courses within the year prior to their application.

(b) The application fee for a school safety instructor certification is $100. This fee is nonrefundable.

(c) An applicant for certification as a school safety instructor is required to attend the course in person. If the applicant is unable to attend, the applicant may request to be rescheduled for another course. If the applicant fails to attend the second scheduled course, the application will be terminated and the applicant will be required to submit a new application to attend a course in the future.

(d) The department school safety instructor certification course must have an instructor to student ratio no greater than 1:6 and may have no more than twelve students per course.

(e) School safety instructor certification applicants are required to pass a prequalifying written examination consisting of material from the current license to carry a handgun course. A passing score of 90% or better must be achieved on the first attempt. Failing students will not be permitted to continue the training. The student must reapply as a new applicant for a future course.

(f) School safety instructor applicants who pass the prequalifying written examination will be required to demonstrate handgun proficiency using the current license to carry a handgun course of fire. A passing score of 90% or better must be achieved on the first attempt. A second attempt may be allowed at the discretion of the department if the prior failure was the result of a weapon malfunction. Students may use only one handgun, and the handgun must meet the requirements of the Act and of this chapter. Failing students will not be permitted to continue the training. The student must reapply as a new applicant for a future course.

(g) Only school safety instructor applicants who pass the prequalifying written examination and the proficiency demonstration will be allowed to attend the school safety instructor certification course which includes practical exercises. A student may be removed from the school safety instructor certification course for reasons described in §6.37 of this title (relating to Conduct During Training). Students must pass the department approved final written examination for school safety instructors with a score of 90% or better. Failing students must reapply as a new applicant for a future course.

(h) School safety instructor applicants who pass the course shall be provided a certificate in the form approved by the department.

(i) The school safety instructor certification remains valid so long as the instructor's qualified handgun instructor certification remains valid and is continuously renewed prior to expiration.

(j) In addition to the provisions of this section, a person applying for a school safety instructor certification must comply with all standards and requirements applicable to the eligibility and application procedure for a license to carry a handgun and a qualified handgun license instructor, as detailed in Subchapter B and Subchapter C of this chapter.

§6.62.Certified School Safety Courses.

(a) A certified school safety instructor may provide school safety training to employees of a school district or an open-enrollment charter school who are current holders of a license to carry a handgun.

(b) The school safety course must be taught using the department approved curriculum and examinations. The course of instruction for school safety instructors shall be 15-20 hours in length.

(c) School safety courses must have a certified school safety instructor to student ratio of no greater than 1:6 and may have no more than twelve students per course.

(d) Following the classroom portion of the school safety course and prior to the handgun proficiency demonstration, students must pass the department approved final written examination with a score of 90% or better. Failing students will not be permitted to continue the training. The student may reapply as a new applicant for a future course.

(e) Students who pass the final written examination must demonstrate handgun proficiency using the department approved school safety course of fire, with a passing score of 90% on the first attempt. A second attempt may be allowed at the discretion of the instructor if the prior failure was the result of a weapon malfunction. The course of fire may not be provided to students in advance, and students may not be permitted to practice. Failing students will not be permitted to continue the training. The student may reapply as a new applicant for a future course.

(f) On completion of the school safety course, the certified school safety instructor who conducted the course shall submit a report within five business days to the department indicating only whether the participants in the course passed or failed. The report must be submitted in the manner determined by the department.

(g) Students who pass the course shall be provided a certificate in the form approved by the department.

(h) Certified school safety 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.

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 December 15, 2016.

TRD-201606607

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: January 29, 2017

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


SUBCHAPTER G. CERTIFIED HANDGUN INSTRUCTORS

37 TAC §§6.71 - 6.88, 6.90 - 6.92

The Texas Department of Public Safety (the department) proposes the repeal of §§6.71 - 6.88, 6.90 - 6.92, concerning Certified Handgun Instructors. The repeal of Subchapter G is filed simultaneously with proposed new Chapter 6. This repeal, and the proposal of new Chapter 6, is necessary to implement the requirements of Texas Government Code, Chapter 411 as amended by House Bill 910, 84th Legislative Session. House Bill 910 authorized a person who is licensed to carry a handgun to openly carry a handgun so this repeal and new proposed rules are necessary to remove references to "concealed" in the license to carry a handgun rules. The rules in Chapter 6 were consolidated and updated to eliminate unnecessary references and to reflect current licensing procedures applicable to applicants for a handgun license and for certification as a qualified handgun instructor.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period the repeal 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 or micro-businesses required to comply with the repeal as proposed. There is no anticipated economic cost to individuals who are required to comply with the repeal as proposed. There is no anticipated negative impact on local employment.

In addition, Ms. Whittenton has also determined that for each year of the first five-year period the repeal is in effect, the public benefit anticipated as a result of enforcing the repeal will be greater clarity in the agency's administrative rules and consistency with legislative changes.

The department has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk 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 a 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.

Comments on this proposal may be submitted to Steve Moninger, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0246, or by email at https://www.dps.texas.gov/rsd/contact/default.aspx. Select "Handgun Licensing". Comments must be received no later than thirty (30) days from the date of publication of this proposal.

This proposal is repealed 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 §411.197 which authorizes the director to adopt rules to administer this subchapter.

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

§6.71.Instructor Application and Background Investigation.

§6.72.Instructor Training.

§6.73.Firearm Proficiency Training Equipment.

§6.74.Inspection of Handguns.

§6.75.Ammunition.

§6.76.Curriculum for Instructor Applicants.

§6.77.Target.

§6.78.Qualifying Scores.

§6.79.Conduct during Training.

§6.80.Failure to Qualify for Certification.

§6.81.Abbreviated Instructor Training Course.

§6.82.No Authority To Carry.

§6.83.Shooting Range and Classroom Facilities.

§6.84.Prior Notice of Training Required.

§6.85.Monitoring by the Department.

§6.86.Video and Guest Instruction; Approval.

§6.87.Instructor Record Retention.

§6.88.Instructor Reports to the Department.

§6.90.Compliance.

§6.91.Restrictions on Advertising and Promotional Material.

§6.92.Expiration and Renewal of Instructor Certification.

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 December 15, 2016.

TRD-201606608

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: January 29, 2017

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


CHAPTER 15. DRIVER LICENSE RULES

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

37 TAC §15.25

The Texas Department of Public Safety (the department) proposes amendments to §15.25, concerning Address. This amendment removes the requirement for a commercial driver license (CDL) holder to provide a mailing address. The 84th Texas Legislature removed this requirement based on changes to Federal Motor Carrier Safety Administration rules.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period the 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 or micro-businesses required to comply with the rule 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.

In addition, Ms. Whittenton has also determined that for each year of the first five-year period the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be will be fewer CDL application requirements.

The department has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk 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 a 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.

Comments on this proposal may be submitted to Janie Sawatsky, 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 amendment is proposed 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, §§521.141, 521.142, and 522.030.

Texas Government Code, §411.004(3) and Texas Transportation Code, Chapter 521, are affected by this proposal.

§15.25.Address.

The address requirement for a driver license and identification certificate is:

(1) The applicant's Texas residence address must be given. A business address is not acceptable. Applicants may be required by the department to provide proof satisfactory to the department to establish the Texas residence address provided. All documents must be verifiable.

(2) The complete street address including apartment numbers and such terms as street, circle, drive, or court should be used whenever possible. The city, state, zip code, and type of residence must be shown as part of the address on all applications for driver licenses and identification certificates. The zip code may be a five or nine digit number until such time as the nine digit number is required by the department or postal authorities. In rural areas, route number and box number should be given.

(3) The application form also provides space for a mailing address. If there is no mail delivery at the address shown, then a post office box number or other mailing address must be shown in conjunction with the Texas residence address provided. If an applicant has a mailing address in addition to the Texas residence address, which may include post office boxes or other mailing locations, it may be provided in this space.

[(4) A mailing address is required to obtain a commercial driver license.]

(4) [(5)] A general delivery address must not be used except in very small communities when no street or route addresses are available.

(5) [(6)] A post office box number is not acceptable if a better address can be obtained. The post office box number may only be listed in addition to a Texas residence address.

(6) [(7)] Military personnel and the spouse or dependent of a member of the armed forces should give a complete address such as: John Henry Smith, Co. B, 25th Inf., Camp Barkeley, Abilene, Texas. If a member of the armed forces or the spouse or dependent of a member of the armed forces has a residence address in Texas, it should be provided and used. A member of the armed forces and the spouse or dependent of a member of the armed forces may provide a residence address outside of Texas.

(7) [(8)] The department shall conduct an audit of driver license and identification certificate address information provided by driver license customers. This audit shall:

(A) Validate that the addresses being reviewed are residential addresses; and/or

(B) Determine if the same address has been provided by ten (10) or more driver license or identification certificate holders.

(8) [(9)] The department may require each driver license or identification certificate holder whose address of record is being audited to present documentation required by §15.49 of this title (relating to Proof of Domicile) and §16.7 [§16.15] of this title (relating to Proof of Domicile) to demonstrate the holder resides at the address of record. An acceptable list of documentation may be found in §15.49 and §16.7 [§16.15].

(9) [(10)] The department shall cancel any driver license or identification certificate issued to a person who does not prove that he/she resides at the address on record.

(10) [(11)] Peace officers, as defined in the Code of Criminal Procedure, Article 2.12, may use an alternate address on their driver license under Texas Transportation Code, §521.1211. The alternate address will be the street address of the courthouse in the county of the officer's residence. An eligible officer must:

(A) Apply in person for an original or duplicate driver license and surrender any other driver license issued to the applicant by the department or another state. No online transactions will be allowed for issuance of duplicate or renewed licenses issued under this paragraph.

(B) Present a license issued by the Texas Commission on Law Enforcement (TCOLE) and a Peace Officer Identification Card and Badge issued by the officer's employing agency to establish eligibility.

(C) Provide the actual current residence address for department records and mailing purposes.

(D) Not later than 30 days after the license holder ceases to be a peace officer, apply to the department for issuance of a duplicate license that displays the person's actual current residence address.

(E) Not later than 30 days after a name change and/or residence address change, notify the department of the change and obtain a duplicate license.

(F) Pay the required fee for changes to the driver license.

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 December 15, 2016.

TRD-201606619

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: January 29, 2017

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


SUBCHAPTER C. EXAMINATION REQUIREMENTS

37 TAC §15.55

The Texas Department of Public Safety (the department) proposes amendments to §15.55, concerning Waiver of Knowledge and/or Skills Tests. These amendments are intended to clarify a motorcycle course completion certificate will only be valid for 24 months from the date of issuance. The language has been revised and reorganized for easier understanding and clarity.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period the 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 or micro-businesses required to comply with the rule 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.

In addition, Ms. Whittenton has also determined that for each year of the first five-year period the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be increased transparency and better understanding of the examination requirements for license issuance.

The department has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk 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 a 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.

Comments on this proposal may be submitted to Heather Strawn, 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.

The amendments are proposed 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 Texas Transportation Code.

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

§15.55.Waiver of Knowledge and/or Skills Tests.

(a) Definitions.

(1) Knowledge exam--Written, computerized, or automated exam.

(2) Skills exam--Driving or road exam.

(3) Unrestricted Class A, B, and C license--A license that allows a person to operate a motor vehicle without having a restriction that requires a licensed driver 21 years of age or older in the front seat.

(b) Required completion of the knowledge and/or skills exams.

(1) The skills exam will not be waived for applicants under the age of 18.

(2) Applicants less than 25 years of age who present driver education completion certificates dated two or more years prior to the date of application will not have any examinations waived. These certificates are acceptable as proof of driver education completion.

(3) If an advance in grade is applied for, the applicant must pass the vision exam and appropriate knowledge and skills exams.

(4) For applicants with an expired out-of-state license or no license, the applicant must pass the vision, knowledge, and skills exams.

(c) Waiver of the knowledge and/or skills exams.

(1) Noncommercial driver license:

(A) Knowledge and skills exams are waived for applicants who hold a valid license from another U.S. state, U.S. territory, or province of Canada when applying for a Texas license [License] of the same or lower type. An applicant with a valid license will be required to pass the vision exam.

(B) The skills exam is waived for applicants who hold a valid U.S. military or Armed Forces license.

(2) Class M license restricted to Moped:

(A) The Class M knowledge exam is required for all applicants.

(B) The skills exam is not required.

(3) Class M License:

(A) The Class M knowledge exam is waived for applicants who have successfully completed a department approved motorcycle operator training course.

(B) The skills exam is waived for individuals age 18 and over who have a valid, unrestricted Class A, B, or C Texas driver license and have successfully completed a department approved motorcycle operator training course.

(C) All other applicants must take and pass a skills exam for a motorcycle license.

(D) An applicant must present either items detailed in this subparagraph to confirm successful completion of a department approved motorcycle operator training course:

(i) A valid Standardized Motorcycle Operator Training Course completion card (Form MSB-8); or

(ii) A valid completion card from a state or military motorcycle safety training program showing that the applicant has completed a course in basic motorcycle safety instruction that meets or exceeds the department approved [Motorcycle Safety Foundation] curriculum standards.

(iii) The course completion cards are valid for 24 months from the date of issuance.

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 December 15, 2016.

TRD-201606609

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: January 29, 2017

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


37 TAC §15.62

The Texas Department of Public Safety (the department) proposes the repeal of §15.62, concerning Additional Requirements. The repeal of this rule is filed simultaneously with proposed new §15.62 and is necessary to inform the public of changes to the Impact Texas Drivers (ITD) program and the requirements for completion of ITD for issuance of a Texas Driver License.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period the 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 or micro-businesses required to comply with the rule 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.

In addition, Ms. Whittenton has also determined that for each year of the first five-year period the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be improved awareness of the dangers of distracted driving and the effects of such on public safety.

The department has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk 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 a 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.

Comments on this proposal may be submitted to Janie Sawatsky, 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 repeal is proposed 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, §§521.142, 521.1601, and 521.165.

Texas Government Code, §411.004(3) and Texas Transportation Code, Chapter 521, are affected by this proposal.

§15.62.Additional Requirements.

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 December 15, 2016.

TRD-201606610

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: January 29, 2017

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


37 TAC §15.62

The Texas Department of Public Safety (the department) proposes new §15.62, concerning Additional Requirements. This rule is necessary to inform the public of changes to the Impact Texas Drivers (ITD) program and the requirements for all applicants to complete an ITD program prior to taking the skills examination for a Texas driver license.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period the 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 or micro-businesses required to comply with the rule 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.

In addition, Ms. Whittenton has also determined that for each year of the first five-year period the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be improved awareness of the dangers of distracted driving and the effects of such on public safety.

The department has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk 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 a 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.

Comments on this proposal may be submitted to Janie Sawatsky, 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 new rule is proposed 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, §§521.142, 521.1601, and 521.165.

Texas Government Code, §411.004(3) and Texas Transportation Code, Chapter 521, are affected by this proposal.

§15.62.Additional Requirements.

(a) All skills examination applicants must complete the appropriate Impact Texas Drivers (ITD) program and obtain proof of program completion.

(1) Applicants younger than 18 years of age who are required to complete an approved Parent Taught Driver Education or Minor and Adult Driver Education course shall complete the Impact Texas Teen Drivers (ITTD) program after completion of behind the wheel driver education requirements and prior to taking the skills examination.

(2) Applicants ages 18 through 24 years of age who complete an Adult Driver Education course shall complete the Impact Texas Young Drivers (ITYD) program after completion of the course and prior to taking the skills examination.

(3) Applicants ages 25 and older must complete an Impact Texas Adult Drivers (ITAD) program prior to taking the skills examination.

(b) The proof of appropriate ITD program completion must be provided to the testing entity prior to administration of the skills examination and no later than ninety (90) days after program completion.

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 December 15, 2016.

TRD-201606611

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: January 29, 2017

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


CHAPTER 16. COMMERCIAL DRIVER LICENSE

SUBCHAPTER B. APPLICATION REQUIREMENTS AND EXAMINATIONS

37 TAC §16.31

The Texas Department of Public Safety (the department) proposes new §16.31, concerning Third-Party Skills Testing Program. The proposed rule is necessary to implement the provisions of Texas Transportation Code, §522.023(d), and to clarify the procedures for conducting commercial driver license skills testing procedures by third party testers.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period the rule is in effect there will be no fiscal implications for state or local government, or local economies. 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 also determined that this rule may have adverse economic effects on small businesses or micro-businesses required to comply with these rules as proposed. The department estimates there will be 150 small businesses and 50 micro-businesses that will be subject to the new rule. The department estimates the projected impact of these rules will be increased costs of compliance associated with liability insurance coverage. Specifically, the department estimates §16.31's requirement that third party testers secure and maintain a continuous security bond in the principal sum of $25,000 per examiner, will range from $250 to $2,500+, dependent upon the bond purchaser's credit score.

In preparing these rules the department considered the alternatives of eliminating the need for posting bond for purposes of being a third party CLD skills testing provider or prohibiting commercial driver license skills testing by entities other than the Department. However, bond requirements have been established for purposes of covering costs due to reexamining any commercial driver license applicants who have been issued commercial driver licenses through fraudulent skills testing means. Also prohibiting external parties from conducting commercial driver license skills testing would continue to increase demand on state resources for commercial driver licensing. The department's proposals reflect the minimum standards necessary to ensure the health, safety, and the environmental and economic welfare of the state.

In addition, Ms. Whittenton has also determined that for each year of the first five-year period the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be publication of the procedures for conducting commercial driver license skills testing procedures by third party testers.

The department has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk 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 a 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.

Comments on this proposal may be submitted to Ron Coleman, 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 rule is proposed 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, §522.023(d).

Texas Government Code, §411.004(3) and Texas Transportation Code, §522.023(d), are affected by this proposal.

§16.31.Third-Party Skills Testing Program.

(a) The following words and terms, when used in this section, shall have the following meanings, unless the context shall clearly indicate otherwise:

(1) Authorized organization--An entity that has entered into a Memorandum of Understanding with the department to administer the driving skills test for a commercial driver license on the department's behalf. This is equivalent to a third party tester in accordance with 49 CFR 383.5.

(2) Examiner--An individual certified by the department to conduct a skills test. This is equivalent to a third party skills test examiner in accordance with 49 CFR 383.5.

(b) An organization is eligible to enter into a Memorandum of Understanding with the department and to administer a skills test for a commercial driver license if it:

(1) Complies with 49 CFR 383.75; and

(2) Has been in business or operation in the State of Texas for at least 365 days prior to the execution of the Memorandum of Understanding; and

(3) Maintains at least one permanently occupied structure with a permanent Texas street mailing address.

(c) An individual employed by an authorized organization is eligible to become an examiner and conduct commercial driver license skills tests if he or she makes application with the department and:

(1) Complies with 49 CFR 384.228; and

(2) Holds the equivalent class of Texas commercial driver license with endorsements to administer like skills tests; and

(3) Is domiciled in the State of Texas.

(d) The department may suspend for up to one year or revoke permanently, an organization's or examiner's authorization to conduct commercial skills testing for failure to comply with any part of:

(1) The Memorandum of Understanding; or

(2) 49 CFR 383.75; or

(3) 49 CFR 384.228.

(e) Unless an authorized organization is a governmental agency, the authorized agency must secure and maintain a continuous security bond in the principal sum of $25,000 per examiner, underwritten by a company authorized to do business in the State of Texas, which represents a sufficient amount to pay for re-testing drivers in the event that the organization or one or more of its examiners are involved in fraudulent activities related to the skills testing of its employees or members. However, the aggregate liability of the surety for all breaches of the condition of the bond in no event shall exceed the principal sum of $25,000 per examiner. The surety on any bond may cancel the bond on giving 30 days' notice in writing to the State of Texas and shall be relieved of liability for any breach of any conditions of the bond that occurs after the effective date of cancellation.

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 December 15, 2016.

TRD-201606612

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: January 29, 2017

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