TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

CHAPTER 2. CAPITOL ACCESS PASS

37 TAC §2.3, §2.9

The Texas Department of Public Safety (the department) adopts amendments to §2.3 and §2.9, concerning Capitol Access Pass. These rules are adopted without changes to the proposed text as published in the January 12, 2018, issue of the Texas Register (43 TexReg 194) and will not be republished.

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

No comments were received regarding the adoption of these rules.

These amendments are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work and §411.0625, which authorizes the department to adopt rules to administer this section.

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

Filed with the Office of the Secretary of State on February 23, 2018.

TRD-201800742

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: March 15, 2018

Proposal publication date: January 12, 2018

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


CHAPTER 23. VEHICLE INSPECTION

SUBCHAPTER F. VIOLATIONS AND ADMINISTRATIVE PENALTIES

37 TAC §23.63

The Texas Department of Public Safety (the department) adopts new §23.63, concerning Informal Hearings. This new rule is adopted without changes to the proposed text as published in the January 12, 2018 issue of the Texas Register (43 TexReg 195) and will not be republished.

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

No comments were received regarding the adoption of this rule.

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

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

Filed with the Office of the Secretary of State on February 23, 2018.

TRD-201800743

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: March 15, 2018

Proposal publication date: January 12, 2018

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


CHAPTER 35. PRIVATE SECURITY

SUBCHAPTER B. REGISTRATION AND LICENSING

37 TAC §35.26

The Texas Department of Public Safety (the department) adopts amendments to §35.26, concerning Reclassification, Assignment, and Termination. This rule is adopted without changes to the proposed text as published in the January 5, 2018, issue of the Texas Register (43 TexReg 33) and will not be republished.

Amendments to §35.26 are necessary to allow assignments or terminations of a company license with the consent of a majority of the registered owners or by written consent of the qualified manager.

No comments were received regarding the adoption of this rule.

These amendments are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work, and Texas Occupations Code, §1702.061(b), which authorizes the department to adopt rules to administer Texas Occupations Code, Chapter 1702.

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

Filed with the Office of the Secretary of State on February 23, 2018.

TRD-201800744

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: March 15, 2018

Proposal publication date: January 5, 2018

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


SUBCHAPTER H. LETTER OF AUTHORITY

37 TAC §35.101, §35.102

The Texas Department of Public Safety (the department) adopts amendments to §35.101 and §35.102, concerning Letter of Authority. These rules are adopted without changes to the proposed text as published in the January 5, 2018, issue of the Texas Register (43 TexReg 34) and will not be republished.

These amendments are necessary to clarify the authority of entities holding Private Business or Governmental Letters of Authority to employ personal protection officers, and to clarify the authority of entities holding Private Business Letters of Authority to employ noncommissioned security officers.

No comments were received regarding the adoption of these rules.

These amendments are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work, and Texas Occupations Code, §1702.061(b), which authorizes the department to adopt rules to administer Texas Occupations Code, Chapter 1702.

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

Filed with the Office of the Secretary of State on February 23, 2018.

TRD-201800745

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: March 15, 2018

Proposal publication date: January 5, 2018

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


SUBCHAPTER L. TRAINING

37 TAC §35.147

The Texas Department of Public Safety (the department) adopts amendments to §35.147, concerning Certificates of Completion, Training Records, and Notifications. This rule is adopted without changes to the proposed text as published in the January 5, 2018, issue of the Texas Register (43 TexReg 35) and will not be republished.

Amendments to this section are proposed in response to 85th Legislative Session, HB 1508 which amended Occupations Code, Chapter 53 regarding notice requirements. The proposal clarifies the legislation and provides a simplified mechanism by which licensees may comply with the legislation.

No comments were received regarding the adoption of this rule.

This amendment is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work, and Texas Occupations Code, §1702.061(b), which authorizes the department to adopt rules to administer Texas Occupations Code, Chapter 1702.

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

Filed with the Office of the Secretary of State on February 23, 2018.

TRD-201800746

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: March 15, 2018

Proposal publication date: January 5, 2018

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


SUBCHAPTER M. CONTINUING EDUCATION

37 TAC §35.161

The Texas Department of Public Safety (the department) adopts amendments to §35.161, concerning Continuing Education Requirements. This rule is adopted without changes to the proposed text as published in the January 5, 2018, issue of the Texas Register (43 TexReg 37) and will not be republished.

The proposed amendment to subsection (a) of §35.161 is intended to clarify that it is the registrant's responsibility to ensure compliance with the continuing education requirements prior to submission of the renewal application, and to address an inconsistency between the information required to be submitted at renewal and the information required to be provided to the student by the school in §35.162.

The proposed amendments to subsection (b) are intended to address the situation in which registered owners also perform regulated services in their individual capacities. The current rule does not expressly address the continuing education requirements for such individuals, referring only to those who are registered as a specific type of private security registrant (other than owners), or to nonparticipating owners (providing an exemption). Current rule does not specifically address participating owners. The proposed language clarifies this by addressing owners who are involved in the business ("participating owners"), and distinguishing those participating owners who also independently perform regulated services from those who do not.

No comments were received regarding the adoption of this rule.

The amendments are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work, and Texas Occupations Code, §1702.061(b), which authorizes the department to adopt rules to administer Texas Occupations Code, Chapter 1702.

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

Filed with the Office of the Secretary of State on February 23, 2018.

TRD-201800747

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: March 15, 2018

Proposal publication date: January 5, 2018

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


PART 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE

CHAPTER 163. COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS

37 TAC §163.42

The Texas Board of Criminal Justice adopts amendments to §163.42, concerning Substantial Noncompliance, without changes to the proposed text as published in the December 29, 2017, issue of the Texas Register (42 TexReg 7548).

The adopted amendments are necessary to update formatting and remove superfluous language.

No comments were received regarding the amendments.

The amendments are adopted under Texas Government Code §§492.013, 509.003.

Cross Reference to Statutes: None.

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

Filed with the Office of the Secretary of State on February 23, 2018.

TRD-201800751

Sharon Howell

General Counsel

Texas Department of Criminal Justice

Effective date: March 15, 2018

Proposal publication date: December 29, 2017

For further information, please call: (936) 437-6700