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) proposes amendments to §6.1, concerning Definitions. The changes to §6.1 are intended to clarify the meaning of terms used in the administrative 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, 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 clarity in the meaning of terms used in administrative rules applicable to the License to Carry program.

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.

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 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.

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

§6.1.Definitions.

Unless defined in this section or the context clearly indicates otherwise, all terms used in this chapter have the meanings provided by Government Code, §411.171: [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.]

(6) [(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 October 13, 2017.

TRD-201704097

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 26, 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) proposes amendments to §6.14 and §6.16, concerning Eligibility and Application Procedures for a License to Carry a Handgun. 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.

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, micro-businesses, or rural communities 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 requirements and procedures to obtain certification as a License to Carry online course provider.

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.

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.

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

§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)(No change.)

(b) A handgun license applicant must score at least 70% on both 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 or approved online course provider must submit all examination failures [of the written examination or the proficiency examination] to the department on the class completion notification. The 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 or [and] proficiency examinations, the qualified handgun instructor or approved online course provider, as applicable, shall certify the handgun license applicant has established his or her proficiency on the form and in the manner determined by the department.

(f) All certificates of training (LTC-100 or LTC-101) are valid for one year from the date of issuance. Any certificate of training that is required in conjunction with an application must be valid on the date the completed application is submitted to the department.

§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 October 13, 2017.

TRD-201704098

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 26, 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) proposes amendments to §§6.32, 6.40, and 6.42, concerning Qualified Handgun Instructor License. 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.

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, micro-businesses, or rural communities 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 requirements and procedures to obtain certification as a License to Carry Qualified Handgun Instructor.

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.

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.

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

§6.32.Qualified Handgun Instructor Training Course.

(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 training 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 qualified handgun 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.

§6.40.Facilities and Instruction.

(a) With the exception of online courses offered by approved online course providers, all [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.

§6.42.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.

(c) If the qualified handgun instructor certification is revoked or surrendered, the records subject to this section should be returned to the department.

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 October 13, 2017.

TRD-201704099

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 26, 2017

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


37 TAC §6.39

The Texas Department of Public Safety (the department) proposes the repeal of §6.39, concerning Prior Notice of Training Required. The department has determined the requirement imposed by this rule is unnecessary to the effective administration of the statute.

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, micro-businesses, or rural communities 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 the elimination of an unnecessary administrative regulation.

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.

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 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 §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.

§6.39.Prior Notice of Training Required.

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 October 13, 2017.

TRD-201704101

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 26, 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) proposes new §§6.81 - 6.92, concerning Approved Online Course Providers. 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.

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, micro-businesses, or rural communities 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 requirements and procedures to obtain certification as a License to Carry online course provider.

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.

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.

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

§6.81.Approved Online Course Provider Application.

(a) An applicant for certification as an approved online course provider must have at least three years of experience in providing online course instruction. This experience must be through web-based technologies and must include the presentation of course material and the provision of student examinations. Uploaded video presentations alone are not sufficient to establish such experience.

(b) The applicant must submit verifiable documentation of the online course instruction experience required in subsection (a) and an affidavit attesting to the accuracy and validity of the documentation.

(c) If an incomplete approved online course provider 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.

(d) In addition to the provisions of this section, a person applying for a certificate as an approved online course provider 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.

(e) A current qualified handgun instructor who meets the qualifications for certification as an approved online course provider may obtain certification as an approved online course provider by submitting the appropriate application and fee. The instructor course is not required if the individual is currently an active qualified handgun instructor.

§6.82.Qualifying Scores.

(a) An approved online course provider applicant must pass a written exam with a minimum score of 80%. The applicant will be given two opportunities to pass the written exam during the training course.

(b) The department will terminate an applicant who fails to pass the written examination on the second attempt.

§6.83.Failure to Qualify for Certification.

An approved online course provider 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.

§6.84.No Authority To Carry.

Certification as an approved online course provider does not authorize a person to carry a handgun.

§6.85.Instruction.

(a) Online courses are subject to review by the department, for purposes of ensuring compliance with the instruction and examination requirements.

(b) The department's current curriculum must be used by the approved online course provider.

(c) Approved online course providers shall issue certificates of course completion only to students who have successfully completed all elements of the department approved license to carry curriculum.

(d) Approved online course providers must develop and maintain a means to ensure the security and integrity of all student information.

§6.86.Approved Online Course Provider Reports to the Department.

(a) On completion of a training course by an applicant for a license, the approved online course provider 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) Reports must be submitted using the forms approved by the department.

§6.87.Record Retention.

(a) Approved online course providers must be located, or maintain a registered agent, in the State of Texas. Approved online course providers that process, deliver, or store curriculum materials, or student records of course completion to be used for the department approved license to carry a handgun course must be located within the United States.

(b) An approved online course provider shall make available for inspection to the department any and all records maintained by the provider under the Act. An approved online course provider shall retain:

(1) the approved online course provider'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.

(c) 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.

(d) If an approved online course provider's certification is revoked or surrendered, any records retained under this section shall be returned to the department.

§6.88.Restrictions on Advertising and Promotional Material.

(a) An approved online course provider 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) An approved online course provider 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.

§6.89.Compliance.

Approved online course applicants and providers 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 approved online course provider certification or removal from training.

§6.90.Administrative Penalties.

(a) An approved online course provider 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 §6.90(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 approved online provider's certification. Applications for a license to carry a handgun submitted based on a course taken from an approved online course provider whose certification is suspended or revoked will be rejected as incomplete.

§6.91.Renewal of Approved Online Course Provider Certification.

(a) The certificate of an approved online course provider expires on December 31 following the second anniversary after the date the certificate was issued.

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

§6.92.Online Renewal Course for Approved Online Course Provider Certification.

(a) An online renewal course for approved online course providers will be conducted every alternate renewal period. Approved online course provider applicants who are eligible for online retraining under §411.190(d-1) of the Act will be notified.

(b) An approved online course provider who is eligible to take the renewal course online must complete the course prior to the expiration of the approved online course provider's current certificate, but not earlier than six months prior to the date of expiration. If the approved online course provider 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 October 13, 2017.

TRD-201704102

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 26, 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) proposes amendments to §15.44, concerning Driver License Photograph. This amendment strikes the word color according to House Bill 1345 and House Bill 3050 enacted by the 85th Texas Legislature.

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 increased transparency and better understanding of the examination requirements for licensed nonresidents.

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.

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 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, §521.005, 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, §521.121(a) are affected by this proposal.

§15.44.Driver [Drivers] License Photograph.

A [color] photograph of a licensee may be obtained through any medium which produces a retrievable visual image including, but not limited to, film, videotape, digital or visual imagery, or any other technology which may be approved by the director.

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 October 13, 2017.

TRD-201704103

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 26, 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) proposes amendments to §15.172, concerning Issuance by Counties and Municipalities. 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.

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 the proposal only imposes incidental changes to existing requirements for small businesses, micro-businesses or rural communities that would not result in any additional cost to small or micro-business or a rural community affected by this proposal. 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 licensed nonresidents.

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.

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 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, §521.005, 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, §521.009 are affected by this proposal.

§15.172.Issuance by Counties and Municipalities.

A county or municipality may enter into a Memorandum of Understanding with the department for the program to issue certain renewal and duplicate driver licenses, personal identification certificates, and election identification certificates if it:

(1) has [county] employees who have successfully passed the department's background check;

(2) has [county] employees who have successfully completed the department prescribed training set out in the Memorandum of Understanding; and

(3) conforms to the operating requirements and standards of the Memorandum of Understanding between the department and the county or municipality.

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 October 13, 2017.

TRD-201704104

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 26, 2017

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