TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

CHAPTER 6. LICENSE TO CARRY HANDGUNS

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

The Texas Department of Public Safety (the department) proposes amendments to §6.11 and §6.16, concerning Eligibility and Application Procedures for a License To Carry a Handgun. The proposed amendments provide that an applicant for a new or renewal license to carry a handgun must submit proof to the department of the applicant's eligibility under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 for certain state or local public benefits, including a professional or commercial license, issued by a state agency, and specifies the type of document the applicant must submit.

Amanda Contrino, Senior Policy Analyst, Regulatory Services Division, has determined that for each year of the first five-year period these rules are effect there will be no fiscal implications for state or local government or local economies. There is also no anticipated negative impact on local employment.

Ms. Contrino anticipates that most eligible individuals will already possess one of the specified documents so there is no anticipated economic cost to individuals. In the event that an eligible individual does not already have one of the specified document types, the potential cost to obtain a certified copy of a birth certificate in Texas is $22, a REAL ID-compliant driver license or identification certificate in Texas is $33, and a United States passport is $165. In the event there is a cost to an individual, this proposal is necessary to comply with federal law, maintain the integrity of the licensing process, and protect the health, safety, and welfare of the residents of this state.

Ms. Contrino has determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with eh sections as proposed.

Ms. Contrino has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of this proposal will be compliance with federal law, maintaining the integrity of the licensing process, and protecting the health, safety, and welfare of the residents of this state.

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

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does not limit or repeal an existing regulation, but does expand existing regulations. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rules are in effect, the proposed rules should not impact positively or negatively the state's economy.

Comments on this proposal may be submitted to Amanda Contrino, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0240, or by email to RSD.Rule.Comments@dps.texas.gov. Email submission only is preferred. Comments must be received no later than thirty (30) days from the date of publication of this proposal. Persons required to comply with the proposed rules or any other interested person may provide information to the department related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis.

This proposal is made pursuant to Texas Government Code, §411.197, which authorizes the director of the department to adopt rules to administer Subchapter H, License to Carry a Handgun.

Texas Government Code, §411.197 and 8 U.S.C. §1621, 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.

(d) [(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.

(e) [(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.

§6.16. 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.

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 April 10, 2026.

TRD-202601566

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: May 24, 2026

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

SUBCHAPTER C. QUALIFIED HANDGUN INSTRUCTOR LICENSE

The Texas Department of Public Safety (the department) proposes amendments to §6.46, concerning Renewal of Qualified Handgun Instructor Certification. The proposed amendment provides that an applicant for a renewal qualified handgun instructor certification must submit proof to the department of the applicant's eligibility under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 for certain state or local public benefits, including a professional or commercial license, issued by a state agency, and specifies the type of document the applicant must submit.

Amanda Contrino, Senior Policy Analyst, Regulatory Services Division, has determined that for each year of the first five-year period this rule is in effect there will be no fiscal implications for state or local government or local economies. There is also no anticipated negative impact on local employment.

Ms. Contrino anticipates that most eligible individuals will already possess one of the specified documents so there is no anticipated economic cost to individuals. In the event that an eligible individual does not already have one of the specified document types, the potential cost to obtain a certified copy of a birth certificate in Texas is $22, a REAL ID-compliant driver license or identification certificate in Texas is $33, and a United States passport is $165. In the event there is a cost to an individual, this proposal is necessary to comply with federal law, maintain the integrity of the licensing and certification process, and protect the health, safety, and welfare of the residents of this state.

Ms. Contrino also anticipates that because most eligible individuals will already possess one of the specified documents, there are no anticipated adverse economic effects on small businesses, micro-businesses, or rural communities. Any unanticipated costs would be minimal or for the individual. In the event there is an adverse economic effect on a small business, micro-business, or rural community, this proposal is necessary to comply with federal law, maintain the integrity of the licensing and certification process, and protect the health, safety, and welfare of the residents of this state.

Ms. Contrino has determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of this proposal will be compliance with federal law, maintaining the integrity of the licensing and certification process, and protecting the health, safety, and welfare of the residents of this state.

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

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does not limit or repeal an existing regulation, but does expand an existing regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rules are in effect, the proposed rules should not impact positively or negatively the state's economy.

Comments on this proposal may be submitted to Amanda Contrino, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0240, or by email to RSD.Rule.Comments@dps.texas.gov. Email submission only is preferred. Comments must be received no later than thirty (30) days from the date of publication of this proposal. Persons required to comply with the proposed rules or any other interested person may provide information to the department related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis.

This proposal is made pursuant to Texas Government Code, §411.197, which authorizes the director of the department to adopt rules to administer Subchapter H, License to Carry a Handgun.

Texas Government Code, §411.197 and 8 U.S.C. §1621, are affected by this proposal.

§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.

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 April 10, 2026.

TRD-202601567

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: May 24, 2026

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

CHAPTER 10. IGNITION INTERLOCK DEVICE

SUBCHAPTER B. VENDOR AUTHORIZATION

The Texas Department of Public Safety (the department) proposes amendments to §10.11, concerning Application; Renewal. The proposed amendments provide that an applicant for a new or renewal ignition interlock device vendor authorization must submit proof to the department of the applicant's eligibility under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 for certain state or local public benefits, including a professional or commercial license issued by a state agency, and specifies the type of document the applicant must submit.

This proposal is necessary to ensure that the department is able to verify applicant eligibility consistent with federal law in order to maintain the integrity of the licensing and vendor authorization process and protect the health, safety, and welfare of the residents of this state. This proposal is consistent with an emphasis across state government to ensure that no individual in the country illegally receives a state or local public benefit, such as a professional or commercial license, in contradiction to federal law.

Amanda Contrino, Senior Policy Analyst, Regulatory Services Division, has determined that for each year of the first five-year period this rule is in effect there will be no fiscal implications for state or local government or local economies. There is also no anticipated negative impact on local employment.

Ms. Contrino anticipates that most eligible individuals will already possess one of the specified documents so there is no anticipated economic cost to individuals. In the event that an eligible individual does not already have one of the specified document types, the potential cost to obtain a certified copy of a birth certificate in Texas is $22, a REAL ID-compliant driver license or identification certificate in Texas is $33, and a United States passport is $165. In the event there is a cost to an individual, this proposal is necessary to comply with federal law, maintain the integrity of the licensing and vendor authorization process, and protect the health, safety, and welfare of the residents of this state.

Ms. Contrino also anticipates that because most eligible individuals will already possess one of the specified documents, there are no anticipated adverse economic effects on small businesses, micro-businesses, or rural communities. Any unanticipated costs would be minimal or for the individual. In the event there is an adverse economic effect on a small business, micro-business, or rural community, this proposal is necessary to comply with federal law, maintain the integrity of the licensing and vendor authorization process, and protect the health, safety, and welfare of the residents of this state.

Ms. Contrino has determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of this proposal will be compliance with federal law, maintaining the integrity of the licensing and vendor authorization process, and protecting the health, safety, and welfare of the residents of this state.

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

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does not limit or repeal an existing regulation, but does expand an existing regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rule is in effect, the proposed rule should not impact positively or negatively the state's economy.

Comments on this proposal may be submitted to Amanda Contrino, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0240, or by email to RSD.Rule.Comments@dps.texas.gov. Email submission only is preferred. Comments must be received no later than thirty (30) days from the date of publication of this proposal. Persons required to comply with the proposed rules or any other interested person may provide information to the department related to the cost, benefit, or effect of the proposed rule, including any applicable data, research, or analysis.

This proposal is made 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, §521.2476, which authorizes the department to establish by rule the minimum standards for vendors of ignition interlock devices who conduct business in this state.

Texas Government Code, §411.004(3); Texas Transportation Code §521.2476; and 8 U.S.C. §1621, are affected by this proposal.

§10.11. Application; Renewal.

(a) Application for vendor authorization must be made in the manner required by the department. The application must contain all materials or information required by this chapter, and the initial inspection fee must be paid as provided in §10.15 of this title (relating to Inspections and Fees).

(b) If the applicant is an entity other than an individual, the applicant must identify each partner or shareholder who owns a 25% or greater interest in the entity, the director of the entity, and each officer of the entity who oversees the entity's regulated functions.

(c) In order to obtain an authorization, the vendor must have:

(1) All necessary equipment and tools for the proper installation, removal, inspection, calibration, repair, and maintenance, of the type of IID(s) to be installed or serviced by the vendor, as determined by the device manufacturer and standard industry protocols;

(2) A designated waiting area separate from the installation area, to ensure customers do not observe the installation of the IID; [and]

(3) Proof of liability insurance providing coverage for damages arising out of the operation or use of IIDs with a minimum policy limit of $1,000,000 per occurrence and $3,000,000 aggregate total; and[.]

(d) If an incomplete application is received, notice will be sent to the applicant stating that the application is incomplete and specifying the information required for acceptance. The applicant has 90 calendar days after receipt of notice to provide the required information and submit a complete application. If an applicant fails to furnish the documentation, the application will be considered withdrawn.

(e) An application is complete when:

(1) It contains all of the items required pursuant to this section;

(2) All required fees have been paid; and

(3) All requests for additional information have been satisfied.

(f) The vendor authorization expires on the second anniversary of the date of original issuance. Application for renewal must be made in the manner required by the department, and must meet all requirements for an original application. The renewal application must be submitted prior to expiration.

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 April 10, 2026.

TRD-202601568

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: May 24, 2026

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

CHAPTER 12. COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM

SUBCHAPTER B. APPLICATION AND RENEWAL

The Texas Department of Public Safety (the department) proposes amendments to §§12.12, 12.13, and 12.16, concerning Application and Renewal. The proposed amendments provide that an applicant for a new or renewal registration under the Compassionate-Use/Low-THC Cannabis Program must submit proof to the department of the applicant's eligibility under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 for certain state or local public benefits, including a professional or commercial license, issued by a state agency, and specifies the type of document the applicant must submit.

This proposal is necessary to ensure that the department is able to verify applicant eligibility consistent with federal law in order to maintain the integrity of the licensing and registration process and protect the health, safety, and welfare of the residents of this state. This proposal is consistent with an emphasis across state government to ensure that no individual in the country illegally receives a state or local public benefit, such as a professional or commercial license, in contradiction to federal law.

Amanda Contrino, Senior Policy Analyst, Regulatory Services Division, has determined that for each year of the first five-year period these rules are effect there will be no fiscal implications for state or local government or local economies. There is also no anticipated negative impact on local employment.

Ms. Contrino anticipates that most eligible individuals will already possess one of the specified documents so there is no anticipated economic cost to individuals. In the event that an eligible individual does not already have one of the specified document types, the potential cost to obtain a certified copy of a birth certificate in Texas is $22, a REAL ID-compliant driver license or identification certificate in Texas is $33, and a United States passport is $165. In the event there is a cost to an individual, this proposal is necessary to comply with federal law, maintain the integrity of the licensing and registration process, and protect the health, safety, and welfare of the residents of this state.

Ms. Contrino also anticipates that because most eligible individuals will already possess one of the specified documents, there are no anticipated adverse economic effects on small businesses, micro-businesses, or rural communities. Any unanticipated costs would be minimal or for the individual. In the event there is an adverse economic effect on a small business, micro-business, or rural community, this proposal is necessary to comply with federal law, maintain the integrity of the licensing and registration process, and protect the health, safety, and welfare of the residents of this state.

Ms. Contrino has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of this proposal will be compliance with federal law, maintaining the integrity of the licensing and registration process, and protecting the health, safety, and welfare of the residents of this state.

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

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does not limit or repeal an existing regulation, but does expand existing regulations. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rules are in effect, the proposed rules should not impact positively or negatively the state's economy.

Comments on this proposal may be submitted to Amanda Contrino, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0240, or by email to RSD.Rule.Comments@dps.texas.gov. Email submission only is preferred. Comments must be received no later than thirty (30) days from the date of publication of this proposal. Persons required to comply with the proposed rules or any other interested person may provide information to the department related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis.

This proposal is made pursuant to Texas Health and Safety Code, §487.052, which authorizes the director of the department to adopt any rules necessary for the administration and enforcement of Chapter 487.

Texas Health and Safety Code §487.052 and 8 U.S.C. §1621, are affected by this proposal.

§12.12. Application for Registration.

(a) In conjunction with the dispensing organization's application for license, or prior to employment with a currently licensed dispensing organization, directors, owners, managers, members, and employees must submit:

(1) Identifiers, including the individual's full name, date of birth, telephone number, electronic mail address, residential address, and driver license or state-issued identification number; [and]

(2) Fingerprints submitted in the manner approved by the department; and[.]

(b) If the applicant does not have a digital photograph on file with the department or the department is unable to access the photograph on file, the registration card will be issued without a photograph. When presenting such a card to a peace officer or to a representative of the department, the registrant shall also present a valid government issued identification card or driver license.

(c) Failure of an applicant to comply with the requirements of this section will result in notification of the deficiency. Applicant will have ninety (90) days from the date of notice to address the deficiency. Upon request of the applicant, the department may extend the period to address the deficiency for one additional ninety (90) day period. If an applicant fails to provide all required application materials, or fails to respond to a request by the department for additional information necessary to process the application, the application will be terminated. Following the termination of an application, a new application, including a new application fee, must be submitted.

§12.13. Renewal.

(a) A license or registration may be renewed at any time during the six (6) months prior to expiration.

(b) A renewal applicant must pass department inspection prior to approval of the application. This requirement is satisfied by an inspection within ninety (90) days prior to the submission of the renewal application.

(c) An expired license or registration may be renewed for up to six (6) months after the expiration date. If the license has been expired for more than six (6) months, the former license holder must submit an original license application to receive a license in the future.

§12.16. Denial of Application for Registration.

The department may deny the application for registration of a director, owner, manager, member, or employee of a dispensing organization if the applicant is disqualified pursuant to §12.3 of this title (relating to Criminal History Disqualifiers) or the applicant is found to have violated any provision of the Act or this chapter. The applicant may request a hearing by submitting a request through the department's website within thirty (30) days of the date of the denial notice.

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 April 10, 2026.

TRD-202601569

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: May 24, 2026

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

CHAPTER 15. DRIVER LICENSE RULES

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

The Texas Department of Public Safety (the department) proposes amendments to §15.25, concerning Address. The proposed rule amendments implement Senate Bill 523, 89th Leg., R.S. (2025) and House Bill 16, 89th Leg., 2d C.S. (2025) by modifying the list of persons eligible to apply for a driver license with an alternative address and updates the list of requirements for application.

Christopher Major, Management Analyst IV, Driver License Division, has determined that for each year of the first five-year period this rule is in effect there will be no fiscal implications for state or local government or local economies.

Mr. Major has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the section 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.

Mr. Major has determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of this rule will be improved public safety for law enforcement and judicial personnel.

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

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does expand an existing regulation. The proposed rulemaking does increase the number of individuals subject to its applicability. During the first five years the proposed rule is in effect, the proposed rule should not impact positively or negatively the state's economy.

Comments on the proposal may be submitted to Christopher Major, 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. Email submission only is preferred. Comments must be received no later than thirty (30) days from the date of publication of this proposal. Persons required to comply with the proposed rules or any other interested person may provide information to the department related to the cost, benefit, or effect of the proposed rule, including any applicable data, research, or analysis.

This proposal is made 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 Transportation Code, §521.005, which authorizes the department to adopt rules necessary to administer Chapter 521; and Senate Bill 523, 89th Leg., R.S. (2025) and House Bill 16, 89th Leg., 2d C.S. (2025).

Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005, §521.121, and §521.1211, 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 general delivery address must not be used except in very small communities when no street or route addresses are available.

(5) 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) 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) The department has incorporated an address validation program that presents addresses using United States Postal Service (USPS) standards.

(A) Standardized addresses will be displayed on licenses and identification certificates and used for mailing purposes.

(B) Addresses that do not conform to USPS standards or do not validate may be used if the customer can verify that he/she receives mail at that address.

(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.

(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 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.

(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.

(11) An alternate address may be used on a driver license per Texas Transportation Code, §521.121 and §521.1211. An applicant who is eligible to use an alternate address must apply in person for an original, renewal, 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.

(A) A peace officer or special investigator, as defined in the Code of Criminal Procedure, Article 2.12 and Article 2.122 respectively, may use the address of the county courthouse in their county of residence or their business address as the alternate address on their driver license.

(i) Peace officers must 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.

(ii) Special investigators must present a federal ID and badge issued by the officer's employing agency.

(C) [(B)] A county attorney, district attorney, criminal district attorney, assistant county attorney, assistant district attorney, or assistant criminal district attorney may use their business address as the alternate address on their driver license. These applicants must present either their oath of office documentation or a letter from the elected prosecutor for their office affirming employment.

(D) [(C)] A federal or state judge, as defined by Texas Election Code, §1.005, a United States Marshall, or a United States Attorney may use the address of the courthouse or office building where they work as the alternate address on their driver license.

(i) A federal judge must present an official identification card issued by the Administrative Office of the United States courts.

(ii) A state judge must present an official identification card issued by the office of the Texas Secretary of State.

(iii) A municipal court judge or justices of the peace must present their business card along with additional documentation identifying the judge issued by a state agency affiliated with the judiciary, including the Office of Court Administration, Office of the Attorney General, Secretary of State, and Texas courts.

(iv) A U.S. Marshal must present a federal identification card or badge issued by the officer's employing agency or a letter with required information if a federal ID card cannot be copied or scanned.

(v) A U.S. Attorney or an assistant U.S. attorney must present a letter from the elected prosecutor for their office affirming employment or an Oath of Office documentation.

(E) [(D)] A spouse or a child of a federal judge, state judge, U.S. Marshall, or U.S. Attorney, who reside at the same residence, may also use the address of the courthouse or office building where the eligible official works as the alternate address on their driver license.

(J) [(E)] An applicant who is eligible to use an alternate address must provide the actual current residence address for department records and mailing purposes.

(K) [(F)] A person who has been issued a driver license with an alternate address must apply to the department for issuance of a duplicate driver license that displays the person's actual current residence address not later than 30 days after the license holder ceases to be eligible to use an alternate address.

(L) [(G)] A person who has been issued a driver license or identification card with an alternate address must notify the department of the change and obtain a duplicate driver license not later than 30 days after a name change and/or residence address change.

(M) [(H)] An applicant who is eligible to use an alternate address must pay the required fee for changes to the driver license.

(12) All documents submitted by the applicant must be acceptable to the department. The department has the discretion to reject or require additional evidence for alternate address eligibility.

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 April 10, 2026.

TRD-202601570

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: May 24, 2026

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

CHAPTER 23. VEHICLE INSPECTION

SUBCHAPTER A. VEHICLE INSPECTION STATION AND VEHICLE INSPECTOR CERTIFICATION

The Texas Department of Public Safety (the department) proposes amendments to §23.1 and §23.3, concerning Vehicle Inspection Station and Vehicle Inspector Certification. The proposed amendments provide that an applicant for a new or renewal vehicle inspection station certification or a vehicle inspector certificate must submit proof to the department of the applicant's eligibility under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 for certain state or local public benefits, including a professional or commercial license, issued by a state agency, and specifies the type of document the applicant must submit.

This proposal is necessary to ensure that the department is able to verify applicant eligibility consistent with federal law in order to maintain the integrity of the licensing and certification process and protect the health, safety, and welfare of the residents of this state. This proposal is consistent with an emphasis across state government to ensure that no individual in the country illegally receives a state or local public benefit, such as a professional or commercial license, in contradiction to federal law.

Amanda Contrino, Senior Policy Analyst, Regulatory Services Division, has determined that for each year of the first five-year period these rules are effect there will be no fiscal implications for state or local government or local economies. There is also no anticipated negative impact on local employment.

Ms. Contrino anticipates that most eligible individuals will already possess one of the specified documents so there is no anticipated economic cost to individuals. In the event that an eligible individual does not already have one of the specified document types, the potential cost to obtain a certified copy of a birth certificate in Texas is $22, a REAL ID-compliant driver license or identification certificate in Texas is $33, and a United States passport is $165. In the event there is a cost to an individual, this proposal is necessary to comply with federal law, maintain the integrity of the licensing and certification process, and protect the health, safety, and welfare of the residents of this state.

Ms. Contrino also anticipates that because most eligible individuals will already possess one of the specified documents, there are no anticipated adverse economic effects on small businesses, micro-businesses, or rural communities. Any unanticipated costs would be minimal or for the individual. In the event there is an adverse economic effect on a small business, micro-business, or rural community, this proposal is necessary to comply with federal law, maintain the integrity of the licensing and certification process, and protect the health, safety, and welfare of the residents of this state.

Ms. Contrino has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of this proposal will be compliance with federal law, maintaining the integrity of the licensing and certification process, and protecting the health, safety, and welfare of the residents of this state.

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

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does not limit or repeal an existing regulation, but does expand existing regulations. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rules are in effect, the proposed rules should not impact positively or negatively the state's economy.

Comments on this proposal may be submitted to Amanda Contrino, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0240, or by email to RSD.Rule.Comments@dps.texas.gov. Email submission only is preferred. Comments must be received no later than thirty (30) days from the date of publication of this proposal. Persons required to comply with the proposed rules or any other interested person may provide information to the department related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis.

This proposal is made 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); Texas Transportation Code, §548.002; and 8 U.S.C. §1621, are affected by this proposal.

§23.1. New or Renewal Vehicle Inspection Station Applications.

(a) Applicants for new or renewal vehicle inspection station certification must apply in a manner prescribed by the department.

(b) By submitting a new or renewal vehicle inspection station application form, the applicant agrees to allow the department to conduct background checks as authorized by law.

(c) A new or renewal vehicle inspection station application must include, but is not limited to, the items listed in paragraphs (1) - (4) [(3)] of this subsection:

(1) Criminal history disclosure of all convictions for the applicant or, if the applicant is an entity other than an individual, for the executive officer or other individual specifically authorized by the entity to sign the application;

(2) Proof of ownership and current status as required by the department. Such proof includes, but is not limited to, a current Certificate of Fact from the Texas Secretary of State and a Certificate of Account Status from the Texas Comptroller of Public Accounts; [and]

(3) Payment of the vehicle inspection station nonrefundable new and renewal application fee of $100; and[.]

(d) If an incomplete new or renewal vehicle inspection station application is received, notice will be sent to the applicant stating the application is incomplete and specifying the information required for completion.

(e) The new or renewal vehicle inspection station applicant has 60 calendar days after receipt of notice to provide the required information and submit a complete application. If an applicant fails to furnish the information, the application will be considered withdrawn and a new application must be submitted.

(f) A new or renewal vehicle inspection station application is complete when:

(1) It contains all items, including proof of identification, as required by the department.

(2) It conforms to Texas Transportation Code, Chapter 548, this chapter, and the Texas vehicle inspection program's instructions.

(3) All fees are paid pursuant to Texas Transportation Code, Chapter 548 and this chapter.

(4) All requests for additional information are satisfied.

(g) The vehicle inspection station certificate will expire on December 31 of the odd numbered year following the date of issuance and is renewable every two years thereafter.

(h) A renewal of the vehicle inspection station certification issued by the department is conditional upon the receipt of criminal history record information.

(i) For a new or renewal vehicle inspection station application to be approved, the owner must:

(1) be at least 18 years of age;

(2) not be currently suspended or revoked in the Texas vehicle inspection program;

(3) have a facility that meets the standards for the appropriate class set forth in this chapter;

(4) have equipment that meets the standards set forth in §23.13 of this title (relating to Equipment Requirements for Commercial Safety Inspection Stations); and

(5) meet all other eligibility criteria under Texas Transportation Code, Chapter 548 or this chapter.

(j) Certificate holders of vehicle inspection stations must submit a new application, including applicable fees, to change a location or make a change of ownership.

(k) Applicants for new or renewal vehicle inspection station certification must apply for one of the classes defined in paragraphs (1) - (3) of this subsection:

(1) Public--A station open to the public performing inspections on vehicles presented by the public. Stations open to the public will not be issued a fleet vehicle inspection station license unless such stations are currently certified as a public vehicle inspection station;

(2) Fleet--A station not providing vehicle inspection services to the public; or

(3) Government--A station operated by a political subdivision or agency of this state.

(l) Failure to meet the requirements of subsection (i) of this section will result in the denial of the application.

§23.3. New or Renewal Vehicle Inspector Applications.

(a) Applicants for a new or renewal vehicle inspector certificate must apply in a manner prescribed by the department.

(b) By submitting a new or renewal vehicle inspector application, the applicant agrees to allow the department to conduct background checks as authorized by law.

(c) A new or renewal vehicle inspector application must include, but is not limited to, the items listed in paragraphs (1) - (3) [and (2)] of this subsection:

(1) Criminal history disclosure of all convictions of the vehicle inspector applicant; [and]

(2) Payment of the new or renewal vehicle inspector nonrefundable application fee of $25; and[.]

(d) If an incomplete new or renewal vehicle inspector application is received, notice will be sent to the applicant stating that the application is incomplete and specifying the information required for completion.

(e) The new or renewal vehicle inspector applicant has 60 calendar days after receipt of notice to provide the required information and submit a complete application. If an applicant fails to furnish the information, the application will be considered withdrawn.

(f) A new or renewal vehicle inspector application is complete when:

(1) It contains all items required by the department.

(2) It conforms to Texas Transportation Code, Chapter 548, this chapter, and the Texas vehicle inspection program's instructions.

(3) All fees are paid pursuant to Texas Transportation Code, Chapter 548 and this chapter.

(4) All requests for additional information are satisfied.

(5) The applicant has completed department provided training as outlined in this chapter.

(6) The applicant has passed an examination with a grade of not less than 80 on Texas Transportation Code, Chapter 548, this chapter, and regulations of the department pertinent to the Texas vehicle inspection program.

(7) The applicant has successfully demonstrated the ability to correctly operate the required testing devices (commercial inspectors only).

(g) The new or renewal vehicle inspector certificate will expire on December 31 of the even numbered year following the date of issuance and is renewable every two years thereafter.

(h) A renewal of the vehicle inspector certification issued by the department is conditional upon the receipt of criminal history record information.

(i) For a new or renewal vehicle inspector application to be approved the applicant must:

(1) be at least 18 years of age;

(2) provide the applicant's driver license number;

(3) not be currently suspended or revoked in the Texas vehicle inspection program; and

(4) meet all other eligibility criteria under Texas Transportation Code, Chapter 548 or this chapter.

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 April 10, 2026.

TRD-202601571

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: May 24, 2026

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

CHAPTER 35. PRIVATE SECURITY

SUBCHAPTER B. LICENSING

The Texas Department of Public Safety (the department) proposes amendments to §§35.21, 35.22, and 35.30, concerning Licensing. The proposed amendments provide that an applicant for a new or renewal private security license must submit proof to the department of the applicant's eligibility under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 for certain state or local public benefits, including a professional or commercial license, issued by a state agency, and specifies the type of document the applicant must submit.

This proposal is necessary to ensure that the department is able to verify applicant eligibility consistent with federal law in order to maintain the integrity of the licensing process and protect the health, safety, and welfare of the residents of this state. This proposal is consistent with an emphasis across state government to ensure that no individual in the country illegally receives a state or local public benefit, such as a professional or commercial license, in contradiction to federal law.

Amanda Contrino, Senior Policy Analyst, Regulatory Services Division, has determined that for each year of the first five-year period these rules are effect there will be no fiscal implications for state or local government or local economies. There is also no anticipated negative impact on local employment.

Ms. Contrino anticipates that most eligible individuals will already possess one of the specified documents so there is no anticipated economic cost to individuals. In the event that an eligible individual does not already have one of the specified document types, the potential cost to obtain a certified copy of a birth certificate in Texas is $22, a REAL ID-compliant driver license or identification certificate in Texas is $33, and a United States passport is $165. In the event there is a cost to an individual, this proposal is necessary to comply with federal law, maintain the integrity of the licensing process, and protect the health, safety, and welfare of the residents of this state.

Ms. Contrino also anticipates that because most eligible individuals will already possess one of the specified documents, there are no anticipated adverse economic effects on small businesses, micro-businesses, or rural communities. Any unanticipated costs would be minimal or for the individual. In the event there is an adverse economic effect on a small business, micro-business, or rural community, this proposal is necessary to comply with federal law, maintain the integrity of the licensing process, and protect the health, safety, and welfare of the residents of this state.

Ms. Contrino has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of this proposal will be compliance with federal law, maintaining the integrity of the licensing process, and protecting the health, safety, and welfare of the residents of this state.

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

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does not limit or repeal an existing regulation, but does expand existing regulations. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rules are in effect, the proposed rules should not impact positively or negatively the state's economy.

Comments on this proposal may be submitted to Amanda Contrino, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0240, or by email to RSD.Rule.Comments@dps.texas.gov. Email submission only is preferred. Comments must be received no later than thirty (30) days from the date of publication of this proposal. Persons required to comply with the proposed rules or any other interested person may provide information to the department related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis.

This proposal is made 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, §1702.061, which authorizes the Public Safety Commission to adopt rules necessary to implement Chapter 1702, including determining the qualifications of company license holders, individual license holders, and commissioned security officers.

Texas Government Code, §411.004(3); Texas Occupations Code, §1702.061; and 8 U.S.C. §1621, are affected by this proposal.

§35.21. Individual License Applications.

(a) It is the responsibility of the licensed company to ensure an application that meets the requirements of this section is submitted to the department by or on behalf of any employee who is required to be licensed under the Act. An application must include all items required under subsection (b) of this section in order to comply with the requirements of §1702.230(c) of the Act.

(b) The items detailed in this subsection must be submitted in the manner prescribed by the department:

(1) The required fee;

(2) A copy of the applicant's Level II certificate of completion when applicable;

(3) Fingerprints in the form and manner approved by the department; [and]

(4) The criminal history check fee as provided in this chapter; and [.]

(c) As part of the department's criminal history check, additional court documents or related materials may be requested of the applicant. Failure to comply with such a request may result in the rejection of the application as incomplete.

§35.22. Renewal Individual License Applications.

(a) An application for renewal must be submitted in the manner prescribed by the department. The application must include:

(1) The required fee;

(2) If the 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; [and]

(3) The criminal history check fee as provided in this chapter; and [.]

(b) A complete renewal application must be submitted prior to expiration for the current license to remain in effect pending the approval of the renewal application. If the completed application is not received by the department prior to the expiration date, no regulated services may be performed until a complete renewal application is submitted in compliance with this chapter.

§35.30. Company License Application Requirements.

As provided in §1702.110(a)(6), as part of the company application an applicant for a company license that is an entity other than individual must submit fingerprints of each officer who is to oversee the security-related aspects of the business, or a partner or shareholder who owns at least a 25% interest in the applicant. All such individuals must satisfy the eligibility criteria provided in the Act, [and] in §35.4 of this title (relating to Guidelines for Disqualifying Criminal Offenses), in §35.21(b)(5) of this title (relating to Individual License Applications), and in §35.22(a)(4) of this title (relating to Renewal Individual License Applications). Should an individual fail to meet these requirements, the company application will be denied, or, if the license has been issued, the license will be subject to suspension or revocation, as applicable.

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 April 10, 2026.

TRD-202601572

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: May 24, 2026

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

SUBCHAPTER F. COMMISSIONED SECURITY OFFICERS

The Texas Department of Public Safety (the department) proposes amendments to §35.81 and §35.83, concerning Commissioned Security Officers. The proposed amendments provide that an applicant for a new or renewal security officer commission must submit proof to the department of the applicant's eligibility under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 for certain state or local public benefits, including a professional or commercial license, issued by a state agency, and specifies the type of document the applicant must submit.

This proposal is necessary to ensure that the department is able to verify applicant eligibility consistent with federal law in order to maintain the integrity of the licensing process and protect the health, safety, and welfare of the residents of this state. This proposal is consistent with an emphasis across state government to ensure that no individual in the country illegally receives a state or local public benefit, such as a professional or commercial license, in contradiction to federal law.

Amanda Contrino, Senior Policy Analyst, Regulatory Services Division, has determined that for each year of the first five-year period these rules are effect there will be no fiscal implications for state or local government or local economies. There is also no anticipated negative impact on local employment.

Ms. Contrino anticipates that most eligible individuals will already possess one of the specified documents so there is no anticipated economic cost to individuals. In the event that an eligible individual does not already have one of the specified document types, the potential cost to obtain a certified copy of a birth certificate in Texas is $22, a REAL ID-compliant driver license or identification certificate in Texas is $33, and a United States passport is $165. In the event there is a cost to an individual, this proposal is necessary to comply with federal law, maintain the integrity of the licensing process, and protect the health, safety, and welfare of the residents of this state.

Ms. Contrino also anticipates that because most eligible individuals will already possess one of the specified documents, there are no anticipated adverse economic effects on small businesses, micro-businesses, or rural communities. Any unanticipated costs would be minimal or for the individual. In the event there is an adverse economic effect on a small business, micro-business, or rural community, this proposal is necessary to comply with federal law, maintain the integrity of the licensing process, and protect the health, safety, and welfare of the residents of this state.

Ms. Contrino has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of this proposal will be compliance with federal law, maintaining the integrity of the licensing process, and protecting the health, safety, and welfare of the residents of this state.

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

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does not limit or repeal an existing regulation, but does expand existing regulations. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rules are in effect, the proposed rules should not impact positively or negatively the state's economy.

Comments on this proposal may be submitted to Amanda Contrino, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0240, or by email to RSD.Rule.Comments@dps.texas.gov. Email submission only is preferred. Comments must be received no later than thirty (30) days from the date of publication of this proposal. Persons required to comply with the proposed rules or any other interested person may provide information to the department related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis.

This proposal is made 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, §1702.061, which authorizes the Public Safety Commission to adopt rules necessary to implement Chapter 1702, including determining the qualifications of company license holders, individual license holders, and commissioned security officers.

Texas Government Code, §411.004(3); Texas Occupations Code, §1702.061; and 8 U.S.C. §1621, are affected by this proposal.

§35.81. Application for a Security Officer Commission.

(a) A complete security officer commission application must be submitted on the most current version of the form provided by the department. The application must include:

(1) The required application fee;

(2) Fingerprints in form and manner approved by the department;

(3) The required criminal history check fee;

(4) A copy of the applicant's Level II certificate of completion;

(5) A copy of the applicant's Level III certificate of completion;

(6) Non Texas residents must provide a copy of an identification card issued by the state of the applicant's residence, or other government issued identification card;

(7) Non United States citizens must submit a copy of their current alien registration card. Non-resident aliens must also submit documents establishing the right to possess firearms under federal law; [and]

(8) Proof of completion of the Minnesota Multiphasic Personality Inventory on the department-prescribed form. The form must be signed by the administering psychologist or psychiatrist and must reflect the psychologist's or psychiatrist's interpretation of the results and the determination that the applicant is not disqualified from the license by reason of a mental health condition; and [.]

(b) Incomplete applications will not be processed and will be returned for clarification or missing information.

§35.83. Renewal of Security Officer Commission.

(a) An application for renewal of a security officer commission may not be submitted more than ninety (90) days prior to expiration. A completed renewal application must be submitted on the most current version of the form provided by the department. The application must include:

(1) The required renewal application fee;

(2) Non Texas residents must provide a copy of an identification card issued by the state of the applicant's residence, or other government issued identification card;

(3) Non United States citizens must submit a copy of their current alien registration card. Non resident aliens must also submit a copy of a current work authorization card and documents establishing the right to possess firearms under federal law;

(4) A valid firearms proficiency certificate issued no more than ninety (90) days prior to date of the renewal application;

(5) Unless usable prints are on file with the department, fingerprints in a manner approved by the department; [and]

(6) The required criminal history check fee; and[.]

(b) Incomplete applications will not be processed and will be returned for clarification or missing information.

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 April 10, 2026.

TRD-202601573

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: May 24, 2026

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

SUBCHAPTER J. SPECIAL COMPANY LICENSE QUALIFICATIONS

The Texas Department of Public Safety (the department) proposes amendments to §§35.121 - 35.124, concerning Special Company License Qualifications. The proposed amendments provide that an applicant for an investigations company license, a guard company license, a locksmith company license, or an alarm company and alarm training school license must submit proof to the department of the applicant's eligibility under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 for certain state or local public benefits, including a professional or commercial license, issued by a state agency, and specifies the type of document the applicant must submit.

This proposal is necessary to ensure that the department is able to verify applicant eligibility consistent with federal law in order to maintain the integrity of the licensing process and protect the health, safety, and welfare of the residents of this state. This proposal is consistent with an emphasis across state government to ensure that no individual in the country illegally receives a state or local public benefit, such as a professional or commercial license, in contradiction to federal law.

Amanda Contrino, Senior Policy Analyst, Regulatory Services Division, has determined that for each year of the first five-year period these rules are effect there will be no fiscal implications for state or local government or local economies. There is also no anticipated negative impact on local employment.

Ms. Contrino anticipates that most eligible individuals will already possess one of the specified documents so there is no anticipated economic cost to individuals. In the event that an eligible individual does not already have one of the specified document types, the potential cost to obtain a certified copy of a birth certificate in Texas is $22, a REAL ID-compliant driver license or identification certificate in Texas is $33, and a United States passport is $165. In the event there is a cost to an individual, this proposal is necessary to comply with federal law, maintain the integrity of the licensing process, and protect the health, safety, and welfare of the residents of this state.

Ms. Contrino also anticipates that because most eligible individuals will already possess one of the specified documents, there are no anticipated adverse economic effects on small businesses, micro-businesses, or rural communities. Any unanticipated costs would be minimal or for the individual. In the event there is an adverse economic effect on a small business, micro-business, or rural community, this proposal is necessary to comply with federal law, maintain the integrity of the licensing process, and protect the health, safety, and welfare of the residents of this state.

Ms. Contrino has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of this proposal will be compliance with federal law, maintaining the integrity of the licensing process, and protecting the health, safety, and welfare of the residents of this state.

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

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does not limit or repeal an existing regulation, but does expand existing regulations. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rules are in effect, the proposed rules should not impact positively or negatively the state's economy.

Comments on this proposal may be submitted to Amanda Contrino, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0240, or by email to RSD.Rule.Comments@dps.texas.gov. Email submission only is preferred. Comments must be received no later than thirty (30) days from the date of publication of this proposal. Persons required to comply with the proposed rules or any other interested person may provide information to the department related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis.

This proposal is made 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, §1702.061, which authorizes the Public Safety Commission to adopt rules necessary to implement Chapter 1702, including determining the qualifications of company license holders, individual license holders, and commissioned security officers.

Texas Government Code, §411.004(3); Texas Occupations Code, §1702.061; and 8 U.S.C. §1621, are affected by this proposal.

§35.121. Investigations Company License.

(a) Pursuant to the Act, the department has determined an applicant for licensure as a private investigations company or the prospective company representative of the applicant company, must meet one of the qualifications detailed in this section:

(1) Three (3) consecutive years of investigation related experience;

(2) A bachelor's degree in criminal justice or related course of study;

(3) A bachelor's degree with twelve (12) months of investigation related experience;

(4) An associate degree in criminal justice or related course of study, with twenty-four (24) months of investigation related experience;

(5) A specialized course of study directly designed for and related to the private investigation profession, taught and presented through affiliation with a four (4) year college or university accredited and recognized by the State of Texas. This course of study must be endorsed by the four (4) year college or university's department of criminal justice program and include a departmental faculty member(s) on its instructional faculty. This course of study must consist of a minimum of two hundred (200) instructional hours including coverage of ethics, the Act, and this chapter; or

(6) Other combinations of education and investigation related experience may be substituted for the above at the discretion of the department or its designated representative.

(b) The degrees referenced in subsection (a) of this section must be affiliated with a college or university recognized by the Texas Higher Education Coordinating Board, Southern Association of Colleges and Schools, or other accreditation organization recognized by the State of Texas.

§35.122. Guard Company License.

Pursuant to the Act, the department has determined an applicant for licensure as a guard company or the prospective company representative of the applicant company must meet the qualifications detailed in this section:

(1) Must be at least twenty one (21) years of age at the time of application;

(2) Must have at least three (3) years accumulated employment experience in the field in which the company is licensed; [and]

(3) Must have at least one (1) year of experience in a managerial or supervisory position; and [.]

§35.123. Locksmith Company License.

(a) Pursuant to the Act, the department has determined that an applicant for licensure as a locksmith company, or the prospective company representative of the applicant company, must meet one of the qualifications detailed in this section:

(1) Qualification option one. Two (2) consecutive years of full-time locksmith-related experience; or

(2) Qualification option two.

(A) Successful completion of a department approved forty-eight (48) hour basic locksmith course and a six hundred (600) hour fundamentals of locksmith course, with the curriculum content detailed in this subparagraph:

(i) Introduction to locksmithing.

(ii) The Act and this chapter.

(iii) State of Texas and United States Government business requirements.

(iv) Key blank identification.

(v) Key machine and key duplication.

(vi) Codes and code cutting.

(vii) Basic lock types.

(viii) Basic picking.

(ix) Rim and mortise cylinders.

(x) Key in knob/key in lever locks.

(xi) Deadbolts and mortise locks.

(xii) Installations.

(xiii) Impressioning.

(xiv) Basic master-keying.

(xv) Basic safe servicing.

(xvi) Small format interchangeable core.

(xvii) High security and key control cylinders.

(xviii) Automotive opening.

(xix) Automotive key generation and programming.

(xx) Exit/panic device servicing, replacement, and installation.

(xxi) Door closer servicing, replacement, and installation.

(xxii) Cabinet and drawer lock servicing, replacement, and installation.

(xxiii) Safe installation, moving, and anchoring.

(xxiv) Single door access control service and installation.

(B) Successful completion of a basic locksmith proficiency exam that covers a minimum of twelve (12) locksmith subjects and is approved by the department; and

(C) One (1) year of full-time locksmith related experience.

§35.124. Alarm Company and Alarm Training School Licenses.

(a) Pursuant to the Act, the department has determined an applicant for licensure as an alarm company, alarm training school, or the prospective company representative of the applicant company must have two (2) consecutive years of alarm related experience, including installation, monitoring, sales, or related supervision.

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 April 10, 2026.

TRD-202601574

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: May 24, 2026

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

CHAPTER 36. METALS RECYCLING ENTITIES

SUBCHAPTER B. CERTIFICATE OF REGISTRATION

The Texas Department of Public Safety (the department) proposes amendments to §36.11 and §36.16, concerning Certificate of Registration. The proposed amendments provide that an applicant for a new or renewal metals recycling entity certificate of registration must submit proof to the department of the applicant's eligibility under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 for certain state or local public benefits, including a professional or commercial license, issued by a state agency, and specifies the type of document the applicant must submit.

This proposal is necessary to ensure that the department is able to verify applicant eligibility consistent with federal law in order to maintain the integrity of the licensing and certification process and protect the health, safety, and welfare of the residents of this state. This proposal is consistent with an emphasis across state government to ensure that no individual in the country illegally receives a state or local public benefit, such as a professional or commercial license, in contradiction to federal law.

Amanda Contrino, Senior Policy Analyst, Regulatory Services Division, has determined that for each year of the first five-year period these rules are effect there will be no fiscal implications for state or local government or local economies. There is also no anticipated negative impact on local employment.

Ms. Contrino anticipates that most eligible individuals will already possess one of the specified documents so there is no anticipated economic cost to individuals. In the event that an eligible individual does not already have one of the specified document types, the potential cost to obtain a certified copy of a birth certificate in Texas is $22, a REAL ID-compliant driver license or identification certificate in Texas is $33, and a United States passport is $165. In the event there is a cost to an individual, this proposal is necessary to comply with federal law, maintain the integrity of the licensing and certification process, and protect the health, safety, and welfare of the residents of this state.

Ms. Contrino also anticipates that because most eligible individuals will already possess one of the specified documents, there are no anticipated adverse economic effects on small businesses, micro-businesses, or rural communities. Any unanticipated costs would be minimal or for the individual. In the event there is an adverse economic effect on a small business, micro-business, or rural community, this proposal is necessary to comply with federal law, maintain the integrity of the licensing and certification process, and protect the health, safety, and welfare of the residents of this state.

Ms. Contrino has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of this proposal will be compliance with federal law, maintaining the integrity of the licensing and certification process, and protecting the health, safety, and welfare of the residents of this state.

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

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does not limit or repeal an existing regulation, but does expand existing regulations. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rules are in effect, the proposed rules should not impact positively or negatively the state's economy.

Comments on this proposal may be submitted to Amanda Contrino, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0240, or by email to RSD.Rule.Comments@dps.texas.gov. Email submission only is preferred. Comments must be received no later than thirty (30) days from the date of publication of this proposal. Persons required to comply with the proposed rules or any other interested person may provide information to the department related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis.

This proposal is made 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 Public Safety Commission to adopt rules to administer Chapter 1956, including rules establishing minimum requirements for registration.

Texas Government Code, §411.004(3); Texas Occupations Code, §1956.013; and 8 U.S.C. §1621, are affected by this proposal.

§36.11. Application for Certificate of Registration.

(a) A certificate of registration may only be obtained through the department's online application process.

(b) The application for certificate of registration must include, but is not limited to:

(1) Criminal history disclosure of all convictions for the owner with a controlling interest in the business, or if no owner has a controlling interest in the business, for the entity's on-site representative;

(2) Proof of ownership and current status as required by the department, including but not limited to, a current Certificate of Existence or Certificate of Authority from the Texas Office of the Secretary of State and a Certificate of Good Standing from the Texas Comptroller of Public Accounts;

(3) All fees required pursuant to §36.17 of this title (relating to Fees);

(4) Proof of training pursuant to §36.34 of this title (relating to Texas Metals Program Recycler Training);

(5) A statutory agent disclosure pursuant to §36.12 of this title (relating to Statutory Agent Disclosure);

(6) The physical address of the fixed location at which the applicant will conduct regulated metal recycling activities; [and]

(7) If the applicant's business activity involves catalytic converters removed from motor vehicles, a declaration on the approved department form stating:

(A) whether the applicant will engage in a business activity that involves the conversion of catalytic converters removed from motor vehicles into raw material products by a method that in part requires the use of powered tools and equipment or the use of such raw material products in the manufacture of producer or consumer goods;

(B) whether the applicant will purchase or otherwise acquire catalytic converters removed from motor vehicles for the eventual use of the metal for purposes of the aforementioned business activities but will not actually engage in those activities; or

(C) that the applicant will deal only incidentally with catalytic converters removed from motor vehicles; and[.]

(c) Applicants proposing to conduct business at more than one (1) location must complete an application for each location and obtain a certificate of registration for each location. An applicant proposing to conduct business at more than one (1) location is only required to comply with the requirement of subsection (b)(4) of this section for the initial location at which the applicant is seeking to conduct business.

(d) A new certificate of registration for a metals recycling entity may not be issued if the applicant's immediate family member's registration as a metals recycling entity, at that same location, is currently suspended or revoked, or is subject to a pending administrative action, unless the applicant submits an affidavit stating the family member who is the subject of the suspension, revocation or pending action, has no, nor will have any, direct involvement or influence in the business of the metals recycling entity.

(e) A new certificate of registration may be issued at the same location where a previous owner's registration as a metals recycling entity is currently suspended, is subject to a pending administrative action, or was previously revoked, if the applicant submits an affidavit stating the previous owner who is the subject of the suspension, revocation, or other pending administrative action, will have no direct involvement or influence in the business of the metals recycling entity. The affidavit must contain the statement that the affiant understands and agrees that in the event the department discovers the previous registration holder is involved in the business of metals recycling entity at that location, the certificate of registration will be revoked pursuant to §36.53 of this title (relating to Revocation of a Certificate of Registration). In addition to the affidavit, when the change of ownership of the metals recycling entity is by lease of the location, the applicant seeking a certificate of registration must provide a copy of the lease agreement included with the application for certificate of registration.

(f) The failure of an applicant to meet any of the conditions of subsections (a) - (e) of this section will result in rejection of the application as incomplete.

(g) An applicant for a certificate of registration is not authorized to engage in any activity for which a certificate of registration is required prior to being issued a certificate of registration by the department.

(h) A metal recycling entity whose business activity substantially changes in the extent to which the entity engages in transactions involving catalytic converters removed from motor vehicles must update the entity's declaration at the time of or prior to the change.

§36.16. Renewal of Certificate of Registration.

(a) To renew a certificate of registration, an application for renewal and the appropriate renewal fee must be submitted prior to the certificate's expiration date but not more than forty-five (45) days before the expiration date of the current certificate of registration.

(b) A certificate of registration that has been expired less than one (1) year may be renewed by submitting an application for renewal and the appropriate renewal fee pursuant to §36.17 of this title (relating to Fees).

(c) A certificate of registration that has expired for one (1) year or more may not be renewed. An application for a new certificate of registration must be submitted according to the procedures pursuant to §36.11 of this title (relating to Application for Certificate of Registration) and by paying the appropriate fees pursuant to §36.17 of this title.

(d) To renew a certificate of registration, registrants must submit proof of training pursuant to §36.34 of this title (relating to Texas Metals Program Recycler Training). The department may waive this requirement if there have been no significant updates since the previous training.

(e) Except as authorized pursuant to §36.42 of this title (relating to Extension of Registration Renewal Deadlines for Military Service Members) no extension for registration renewal is authorized.

(f) An applicant for a renewal of certificate of registration that is expired is not authorized to engage in any activity for which a registration is required prior to being issued a renewal certificate of registration by the department. Violation of this subsection may result in the denial of the renewal application.

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 April 10, 2026.

TRD-202601575

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: May 24, 2026

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

SUBCHAPTER E. DISCIPLINARY PROCEDURES AND ADMINISTRATIVE PROCEDURES

The Texas Department of Public Safety (the department) proposes amendments to §36.51 concerning Denial of Application for Certificate of Registration. The amendments update this section to include rule text noting the department may deny an application for a certificate of registration if any applicant is found to have violated any provision of the Act or this chapter. This amendment provides conformity with other sections in this chapter and incorporates the most recent revisions found in §36.11 and §36.16 as a reason for denial.

This proposal is necessary to ensure that the department is able to verify applicant eligibility consistent with federal law in order to maintain the integrity of the licensing and certification process and protect the health, safety, and welfare of the residents of this state. This proposal is consistent with an emphasis across state government to ensure that no individual in the country illegally receives a state or local public benefit, such as a professional or commercial license, in contradiction to federal law.

Amanda Contrino, Senior Policy Analyst, Regulatory Services Division, has determined that for each year of the first five-year period these rules are effect there will be no fiscal implications for state or local government or local economies. There is also no anticipated negative impact on local employment.

Ms. Contrino anticipates that most eligible individuals will already possess one of the specified documents so there is no anticipated economic cost to individuals. In the event that an eligible individual does not already have one of the specified document types, the potential cost to obtain a certified copy of a birth certificate in Texas is $22, a REAL ID-compliant driver license or identification certificate in Texas is $33, and a United States passport is $165. In the event there is a cost to an individual, this proposal is necessary to comply with federal law, maintain the integrity of the licensing and certification process, and protect the health, safety, and welfare of the residents of this state.

Ms. Contrino also anticipates that because most eligible individuals will already possess one of the specified documents, there are no anticipated adverse economic effects on small businesses, micro-businesses, or rural communities. Any unanticipated costs would be minimal or for the individual. In the event there is an adverse economic effect on a small business, micro-business, or rural community, this proposal is necessary to comply with federal law, maintain the integrity of the licensing and certification process, and protect the health, safety, and welfare of the residents of this state.

Ms. Contrino has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of this proposal will be compliance with federal law, maintaining the integrity of the licensing and certification process, and protecting the health, safety, and welfare of the residents of this state.

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

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does not limit or repeal an existing regulation, but does expand existing regulations. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rules are in effect, the proposed rules should not impact positively or negatively the state's economy.

Comments on this proposal may be submitted to Amanda Contrino, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0240, or by email to RSD.Rule.Comments@dps.texas.gov. Email submission only is preferred. Comments must be received no later than thirty (30) days from the date of publication of this proposal. Persons required to comply with the proposed rules or any other interested person may provide information to the department related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis.

This proposal is made 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 Public Safety Commission to adopt rules to administer Chapter 1956, including rules establishing minimum requirements for registration.

Texas Government Code, §411.004(3); Texas Occupations Code, §1956.013; and 8 U.S.C. §1621, are affected by this proposal.

§36.51. Denial of Application for Certificate of Registration.

(a) The department may deny an application for a certificate of registration if:

(1) The applicant attempts to obtain a certificate of registration by means of fraud, misrepresentation, or concealment of a material fact;

(2) The applicant has sold, bartered, or offered to sell or barter a certificate of registration;

(3) The applicant or, if applicable, the applicant's on-site representative, is ineligible pursuant to §36.55 of this title (relating to Disqualifying Offenses);

(4) The applicant's certificate of registration was revoked within two (2) years prior to the date of application; [or]

(5) The applicant operated a metal recycling entity in violation of §1956.021 of the Act and, after notice of the violation, failed to obtain a registration required by the Act; or [.]

(b) Upon the denial of an application under this section, an applicant may request a hearing before the department pursuant to §36.56 of this title (relating to Informal Hearings).

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 April 10, 2026.

TRD-202601576

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: May 24, 2026

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