TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

CHAPTER 15. DRIVER LICENSE RULES

SUBCHAPTER C. EXAMINATION REQUIREMENTS

37 TAC §15.61

The Texas Department of Public Safety (the department) adopts amendments to §15.61, concerning Third Party Skills Testing. This rule is adopted without changes to the proposed text as published in the September 8, 2017, issue of the Texas Register (42 TexReg 4585) and will not be republished.

Texas Transportation Code, §521.165 authorizes the department to permit third parties to administer the skills test for a driver license on the department's behalf. The amendments update language to reflect the change in driver education program administration from Texas Education Agency (TEA) to the Texas Department of Licensing and Regulation (TDLR). The amendments also reduce the amount of time an authorized organization or instructor must have been licensed in order to participate in the Third Party Skills Testing (TPST) program and clarify that qualifying successor in interest ownership changes will not prevent program participation.

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, §521.165, which authorizes the department to delegate skills testing to other entities.

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 October 13, 2017.

TRD-201704105

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: November 2, 2017

Proposal publication date: September 8, 2017

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


SUBCHAPTER I. RELEASE OF DRIVER RECORD INFORMATION

37 TAC §15.142

The Texas Department of Public Safety (the department) adopts amendments to §15.142, concerning Agreement to Monitor Certain Records and Purchase Driver Record Information. This rule is adopted without changes to the proposed text as published in the September 8, 2017, issue of the Texas Register (42 TexReg 4586) and will not be republished.

These amendments are necessary to conform to changes made by the 85th Legislative Session, HB 1699 to Texas Transportation Code, §521.062 regarding program qualifications.

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, §521.062, which authorizes the department to conduct a pilot program to provide driver record monitoring services.

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 October 13, 2017.

TRD-201704106

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: November 2, 2017

Proposal publication date: September 8, 2017

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


CHAPTER 23. VEHICLE INSPECTION

SUBCHAPTER D. VEHICLE INSPECTION ITEMS, PROCEDURES, AND REQUIREMENTS

37 TAC §23.41, §23.42

The Texas Department of Public Safety (the department) adopts amendments to §23.41 and §23.42, concerning Vehicle Inspection Items, Procedures, and Requirements. These rules are adopted without changes to the proposed text as published in the September 8, 2017, issue of the Texas Register (42 TexReg 4587) and will not be republished.

The amendments reflect changes to the attached graphics necessitated by 85th Legislative Session, S.B. 1001. The bill raises the inspection exemption weight limit for trailers from 4,500 pounds to 7,500 pounds, requiring amendment to the attached graphics' inspection guidelines. The proposed amendments also include general updates and additional cleanup of language required by Transportation Code, Chapter 548.

No comments were received regarding the adoption of these rules.

These rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work, and Texas Transportation Code, §548.002, which authorizes the department to adopt rules to administer and enforce Chapter 548.

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 October 13, 2017.

TRD-201704107

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: November 2, 2017

Proposal publication date: September 8, 2017

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


CHAPTER 36. METALS RECYCLING ENTITIES

SUBCHAPTER B. CERTIFICATE OF REGISTRATION

37 TAC §36.16

The Texas Department of Public Safety (the department) adopts amendments to §36.16, concerning Renewal of Certificate of Registration. This rule is adopted without changes to the proposed text as published in the September 8, 2017, issue of the Texas Register (42 TexReg 4589) and will not be republished.

This amendment is necessary to clarify the authority of the department to deny an application for renewal if the applicant is found to have been operating with an expired certificate of registration.

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 Occupations Code, §1956.013, which authorizes the commission to adopt rules to administer Chapter 1956.

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 October 13, 2017.

TRD-201704110

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: November 2, 2017

Proposal publication date: September 8, 2017

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


SUBCHAPTER C. PRACTICE BY CERTIFICATE HOLDERS AND REPORTING REQUIREMENTS

37 TAC §36.31, §36.36

The Texas Department of Public Safety (the department) adopts amendments to §36.31 and §36.36, concerning Practice by Certificate Holders and Reporting Requirements. These rules are adopted without changes to the proposed text as published in the September 8, 2017, issue of the Texas Register (42 TexReg 4589) and will not be republished.

These amendments are necessary to implement the requirements of 85th Legislative Session, S.B. 208.

No comments were received regarding the adoption of these rules.

These rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work, and Texas Occupations Code, §1956.013, which authorizes the commission to adopt rules to administer Chapter 1956.

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 October 13, 2017.

TRD-201704109

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: November 2, 2017

Proposal publication date: September 8, 2017

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


SUBCHAPTER E DISCIPLINARY PROCEDURES AND ADMINISTRATIVE PROCEDURES

37 TAC §§36.52, 36.56, 36.60

The Texas Department of Public Safety (the department) adopts amendments to §§36.52, 36.56, and 36.60, concerning Disciplinary Procedures and Administrative Procedures. These rules are adopted without changes to the proposed text as published in the September 8, 2017, issue of the Texas Register (42 TexReg 4590) and will not be republished.

These amendments are necessary to implement the requirements of the 85th Legislative Session, SB 208, which expand the conduct for which the department may impose an administrative penalty against a person and require the department adopt by rule a standardized penalty schedule.

No comments were received regarding the adoption of these rules.

These rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work, Texas Occupations Code, §1956.013, which authorizes the commission to adopt rules to administer Chapter 1956, and Texas Occupations Code, §1956.041, which requires that the commission adopt rules establishing a standardized penalty schedule for certain violations of the statute or rules.

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 October 13, 2017.

TRD-201704111

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: November 2, 2017

Proposal publication date: September 8, 2017

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