TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

CHAPTER 2. CAPITOL ACCESS PASS

37 TAC §2.3. §2.9

The Texas Department of Public Safety (the department) proposes amendments to §2.3 and §2.9, concerning Capitol Access Pass. These amendments are proposed as a result of Senate Bill 16, 85th Legislative Session. SB 16 amends the License to Carry a Handgun statute, Government Code Chapter 411, Subchapter H, to reduce the fees for original and renewal licenses to carry handguns to $40.00. Government Code §411.0625 requires the department establish application and renewal fees for the Capitol Access Pass that do not exceed the amounts of similar fees required for the license to carry a handgun. The rule proposals therefore reduce the application and renewal fees for the Capitol Access Pass from $100.00 to $40.00.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period these 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, micro-businesses, or rural communities required to comply with these 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 reduced fees associated with the Capitol access pass, consistent with new legislation.

The department has determined 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.

Pursuant to Texas Government Code, §2001.0221, the department has prepared a Government Growth Impact Statement and determined for each year of the first five-year period the rule is in effect, the proposed rule will not have any impact as described by Texas Government Code, §2001.022. This proposal reduces a fee as required by Senate Bill 16, 85th Legislative Session.

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 "Capitol Access Pass". 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 §411.0625, which authorizes the department to adopt rules to administer this section.

Texas Government Code, §411.004(3) and §411.0625, are affected by this proposal.

§2.3.Application Procedure, Required Materials and Fee.

(a) Applications must include the materials described in Government Code, §411.174, and §6.12 of this title (relating to Application Procedure and Required Materials), with the exceptions that:

(1) the application fee is $40 [$100];

(2) evidence of handgun proficiency is not required;

(3) the provisions regarding non-residents are not applicable; and

(4) application materials may only be submitted electronically through the department's approved vendor or as otherwise determined by the department.

(b) Applicants must provide proof of residency in the form of valid Texas driver license or Texas identification card. The address on file for the driver license or identification card must be current, or the application will be considered deficient under §2.7(b) of this title (relating to Application Review and Background Investigation).

(c) The application fee is nonrefundable.

§2.9.Renewal.

The Capitol access pass may be renewed at any time during the six months prior to expiration by submitting the required fee of $40 [$100].

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 22, 2017.

TRD-201705376

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: February 11, 2018

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


CHAPTER 23. VEHICLE INSPECTION

SUBCHAPTER F. VIOLATIONS AND ADMINISTRATIVE PENALTIES

37 TAC §23.63

The Texas Department of Public Safety (the department) proposes new §23.63, concerning Informal Hearings. This new rule provides for an optional, informal hearing with department staff, supplementing the existing due process available to applicants and license holders against whom the department is proposing administrative disciplinary action. This optional hearing will provide an opportunity for the parties to clarify the basis for the department's proposed action prior to the hearing before the State Office of Administrative Hearings (SOAH), and potentially assist with the determination of whether to proceed with the SOAH hearing.

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, micro-businesses, or rural communities 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 greater efficiency in the provision of due process for applicants and licensees, potentially reducing costs associated with hearings before SOAH.

The department has determined 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.

Pursuant to Texas Government Code, §2001.0221, the department has prepared a Government Growth Impact Statement and determined for each year of the first five-year period the rule is in effect, the proposed rule will not have any impact as described by Texas Government Code, §2001.022. This proposal simply provides for an optional hearing to assist the parties with the resolution of administrative penalty cases. There are no fees or required expenditures associated with the application of this rule.

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 "Vehicle Inspection". 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, §548.002, which authorizes the department to adopt rules to administer and enforce Chapter 548.

Texas Government Code, §411.004(3) and Texas Transportation Code, §548.002 and §548.407 are affected by this proposal.

§23.63.Informal Hearings.

(a) A person who receives notice of the department's intention to deny an application for an inspector certificate, or to suspend or revoke an inspector certificate and seeks an administrative hearing as provided in Texas Transportation Code, §548.407(f) may choose to have an informal, preliminary hearing prior to proceeding to the administrative hearing before the State Office of Administrative Hearings (SOAH). The preliminary hearing will be conducted by telephone, by department personnel, prior to the scheduling of the SOAH hearing.

(b) Following the informal hearing, the hearing officer will issue a written statement of findings to the person at the address on file. Unless the findings result in the dismissal of the matter and rescission of the proposed action, or the applicant or certificate holder accepts the findings and chooses to withdraw the appeal, the department will schedule the administrative hearing before SOAH.

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 22, 2017.

TRD-201705377

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: February 11, 2018

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