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

The Texas Department of Public Safety (the department) adopts amendments to §6.1, concerning Definitions. This rule is adopted without changes to the proposed text as published in the October 27, 2017, issue of the Texas Register (42 TexReg 5991) and will not be republished.

The changes to §6.1 are intended to clarify the meaning of terms used in the administrative rules.

No comments were received regarding the adoption of this rule.

This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work, and §411.197 which authorizes the director to adopt rules to administer this subchapter.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2017.

TRD-201705378

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: January 11, 2018

Proposal publication date: October 27, 2017

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


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

37 TAC §6.14, §6.16

The Texas Department of Public Safety (the department) adopts amendments to §6.14 and §6.16, concerning Eligibility and Application Procedures for a License to Carry a Handgun without changes to the proposed text as published in the October 27, 2017 issue of the Texas Register (42 TexReg 5992) and will not be republished.

Amendments to §6.14 and §6.16 are made as a result of 85th Legislative Session, HB 3784 and SB 16 respectively. Additional changes have been made to §6.14 to clarify proficiency requirements.

No comments were received regarding the adoption of these rules.

These amendments are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work, and §411.197, which authorizes the director to adopt rules to administer this subchapter.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2017.

TRD-201705379

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: January 11, 2018

Proposal publication date: October 27, 2017

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


SUBCHAPTER C. QUALIFIED HANDGUN INSTRUCTOR LICENSE

37 TAC §§6.32, 6.40, 6.42

The Texas Department of Public Safety (the department) adopts amendments to §§6.32, 6.40, and 6.42, concerning Qualified Handgun Instructor License. These rules are adopted without changes to the proposed text as published in the October 27, 2017, issue of the Texas Register (42 TexReg 5992) and will not be republished.

Amendments to §6.32 and §6.40 are made as a result of 85th Legislative Session, HB 3784. The amendment to §6.42 is made to clarify a record retention obligation of instructors.

No comments were received regarding the adoption of these rules.

These rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work, and §411.197, which authorizes the director to adopt rules to administer this subchapter.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2017.

TRD-201705380

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: January 11, 2018

Proposal publication date: October 27, 2017

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


37 TAC §6.39

The Texas Department of Public Safety (the department) adopts the repeal of §6.39, concerning Prior Notice of Training Required. This repeal is adopted without changes to the proposed text as published in the October 27, 2017, issue of the Texas Register (42 TexReg 5993) and will not be republished.

The department has determined the requirement imposed by this rule is unnecessary to the effective administration of the statute.

No comments were received regarding the adoption of this repeal.

This repeal is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work, and §411.197, which authorizes the director to adopt rules to administer this subchapter.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2017.

TRD-201705381

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: January 11, 2018

Proposal publication date: October 27, 2017

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


SUBCHAPTER E. APPROVED ONLINE COURSE PROVIDERS

37 TAC §§6.81 - 6.92

The Texas Department of Public Safety (the department) adopts new §§6.81 - 6.92, concerning Approved Online Course Providers without changes to the proposed text as published in the October 27, 2017, issue of the Texas Register (42 TexReg 5994) and will not be republished.

The proposal of new §§6.81 - 6.92 is necessary to implement the requirements of the 85th Legislative Session, HB 3784, which adds approved online course providers for the classroom instruction part of the handgun proficiency course.

No comments were received regarding the adoption of these rules.

These new rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work, and §411.197, which authorizes the director to adopt rules to administer this subchapter.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2017.

TRD-201705382

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: January 11, 2018

Proposal publication date: October 27, 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 §15.44

The Texas Department of Public Safety (the department) adopts amendments to §15.44, concerning Driver License Photograph. This rule is adopted without changes to the proposed text as published in the October 27, 2017, issue of the Texas Register (42 TexReg 5996) and will not be republished.

This amendment strikes the word color according to House Bill 1345 and House Bill 3050 enacted by the 85th Texas Legislature.

No comments were received regarding the adoption of this rule.

This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work, and Texas Transportation Code, §521.005, which authorizes the department to adopt rules necessary to administer Chapter 521 of the Texas Transportation Code.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2017.

TRD-201705383

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: January 11, 2018

Proposal publication date: October 27, 2017

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


SUBCHAPTER K. INTERAGENCY AGREEMENTS

37 TAC §15.172

The Texas Department of Public Safety (the department) adopts amendments to §15.172, concerning Issuance by Counties and Municipalities. This rule is adopted without changes to the proposed text as published in the October 27, 2017, issue of the Texas Register (42 TexReg 5996) and will not be republished.

These amendments add municipalities as authorized entities to issue certain renewal and duplicate driver licenses and identification cards according to House Bill 3050 enacted by the 85th Texas Legislature.

No comments were received regarding the adoption of this rule.

This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work, and Texas Transportation Code, §521.005, which authorizes the department to adopt rules necessary to administer Chapter 521 of the Texas Transportation Code.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2017.

TRD-201705384

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: January 11, 2018

Proposal publication date: October 27, 2017

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