PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 23. VEHICLE INSPECTION
SUBCHAPTER C. VEHICLE INSPECTION STATION OPERATION
The Texas Department of Public Safety (the department) adopts amendments to §23.25, concerning Vehicle Inspection Fees. This rule is adopted without changes to the proposed text as published in the September 8, 2023, issue of the Texas Register (48 TexReg 5000) and will not be republished.
The adopted amendment implements Senate Bill 2102, 88th Leg., R.S. (2023), by adopting the initial three-year fee for inspection of rental passenger cars or light trucks meeting the requirements of §548.1025, Transportation Code.
No comments were received regarding the adoption of this rule.
This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code, §548.002, which authorizes the department to adopt rules to enforce Chapter 548; and Texas Transportation Code, §548.5035, which requires the department to establish the fee by rule as proposed, S.B. 2102, 88th Leg., R.S. (2023).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 27, 2023.
TRD-202303975
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: November 16, 2023
Proposal publication date: September 8, 2023
For further information, please call: (512) 424-5848
SUBCHAPTER F. COMMISSIONED SECURITY OFFICERS
The Texas Department of Public Safety (the department) adopts amendments to §35.81, concerning Application for a Security Officer Commission. This rule is adopted without changes to the proposed text as published in the September 8, 2023, issue of the Texas Register (48 TexReg 5004) and will not be republished.
The adopted amendment implements House Bill 3424, 88th Leg., R.S. (2023), which requires applicants for a commissioned security officer license to undergo a psychological test to be eligible for the license.
No comments were received regarding the adoption of this rule.
STATUTORY AUTHORITY
This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1702.061(a), which authorizes the Public Safety Commission to adopt rules to guide the department in its administration of Texas Occupations Code, Chapter 1702; and Texas Occupations Code, §1702.163, which authorizes the commission to adopt a rule requiring an applicant for a security officer commission to complete a psychological test, H.B. 3424, 88th Leg., R.S. (2023).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 27, 2023.
TRD-202303976
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: November 16, 2023
Proposal publication date: September 8, 2023
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts amendments to §35.91, concerning Requirements for Personal Protection License. This rule is adopted without changes to the proposed text as published in the September 8, 2023, issue of the Texas Register (48 TexReg 5005) and will not be republished.
The adopted amendment ensures consistency with the change proposed to §35.81, concerning Application for a Security Officer Commission, which implements House Bill 3424, 88th Leg., R.S. (2023).
No comments were received regarding the adoption of this rule.
This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1702.061(a), which authorizes the Public Safety Commission to adopt rules to guide the department in its administration of 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 October 27, 2023.
TRD-202303977
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: November 16, 2023
Proposal publication date: September 8, 2023
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts new §35.124, concerning Alarm Company and Alarm Training School Licenses. This rule is adopted without changes to the proposed text as published in the September 8, 2023, issue of the Texas Register (48 TexReg 5006) and will not be republished.
The new rule specifies the experience required for alarm company and alarm training school license applicants.
The department accepted comments on the proposed new rule through October 9, 2023. Written comments relating to §35.124 were submitted by Michael D Barber, a Primary Company Representative. The substantive comment received, and the department's response is summarized below.
COMMENT: There should be a precise definition of what "alarm related experience" means.
RESPONSE: This comment was based on an earlier pre-publication version and is not applicable to the published version of the rule, which includes language indicating that alarm related experience includes installation, monitoring, sales, or related supervision experience. No changes were made to the proposal based on this comment.
This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1702.061(a), which authorizes the Public Safety Commission to adopt rules to guide the department in its administration of 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 October 27, 2023.
TRD-202303978
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: November 16, 2023
Proposal publication date: September 8, 2023
For further information, please call: (512) 424-5848
SUBCHAPTER A. GENERAL PROVISIONS
The Texas Department of Public Safety (the department) adopts amendments to §36.1, concerning Definitions. This rule is adopted without changes to the proposed text as published in the September 8, 2023, issue of the Texas Register (48 TexReg 5008) and will not be republished.
The adopted amendment removes the definition of "fixed location" relating to the regulation of metal recycling entities because the definition conflicts with the statutory definition adopted in Senate Bill 224, 88th Leg., R.S. (2023), amending the Metals Recycling Entities Act (Occupations Code, Chapter 1956).
The department accepted comments on the proposed amendments through October 9, 2023. Written comments relating to §36.1 were submitted by Carol Alvarado, Texas State Senator, District 6, Jeff Leach, Texas State Representative, District 67, and Steve Bresnen, Attorney at Law in support of the amendments to this rule. No changes were made to the proposal based on these comments.
This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1956.013, which authorizes the Public Safety Commission to adopt rules to administer Chapter 1956.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 27, 2023.
TRD-202303979
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: November 16, 2023
Proposal publication date: September 8, 2023
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts the repeal of §36.5, concerning Sellers of Catalytic Converters in the Ordinary Course of Business. This repeal is adopted without changes to the proposed text as published in the September 8, 2023, issue of the Texas Register (48 TexReg 5009) and will not be republished.
The proposed repeal removes the department's clarification of the statutory exemption for businesses engaged in the sale of used catalytic converters in the ordinary course of business because the exempted entities are now expressly listed in statute pursuant to Senate Bill 224, 88th Leg., R.S. (2023), amending the Metals Recycling Entities Act (Occupations Code, Chapter 1956).
The department accepted comments on the proposed repeal through October 9, 2023. Written comments relating to §36.5 were submitted by Carol Alvarado, Texas State Senator, District 6, Jeff Leach, Texas State Representative, District 67, and Steve Bresnen, Attorney at Law in support of the repeal of this rule. No changes were made to the proposal based on these comments.
This repeal is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1956.013, which authorizes the Public Safety Commission to adopt rules to administer Chapter 1956.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 27, 2023.
TRD-202303980
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: November 16, 2023
Proposal publication date: September 8, 2023
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts amendments to §36.11, concerning Application for Certificate of Registration. This rule is adopted without changes to the proposed text as published in the September 8, 2023, issue of the Texas Register (48 TexReg 5009) and will not be republished.
The proposed amendments are required to conform with statutory changes enacted in Senate Bill 224, 88th Leg., R.S. (2023), amending the Metals Recycling Entities Act (Occupations Code, Chapter 1956). S.B. 224 requires an applicant for a certificate of registration to provide the physical address of the fixed location at which it will conduct all or most of its regulated activity; it requires an applicant to submit a declaration describing the extent to which the applicant intends to engage in transactions involving catalytic converters removed from motor vehicles during the applicant's business activity; and it requires the updating of the declaration to reflect relevant changes to the licensee's activities. The proposed amendment also removes an unnecessary application requirement.
The department accepted comments on the proposed amendments through October 9, 2023. Written comments relating to §36.11 were submitted by Carol Alvarado, Texas State Senator, District 6, Jeff Leach, Texas State Representative, District 67, and Steve Bresnen, Attorney at Law in support of the amendments to this rule. No changes were made to the proposal based on these comments.
This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1956.013, which authorizes the Public Safety Commission to adopt rules to administer Chapter 1956 and §1956.022, which authorizes the commission to adopt rules to establish qualifications for a metals recycling entity certificate of registration.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 27, 2023.
TRD-202303981
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: November 16, 2023
Proposal publication date: September 8, 2023
For further information, please call: (512) 424-5848