PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 15. DRIVER LICENSE RULES
SUBCHAPTER B. APPLICATION REQUIREMENTS--ORIGINAL, RENEWAL, DUPLICATE, IDENTIFICATION CERTIFICATES
The Texas Department of Public Safety (the department) proposes an amendment to §15.29, concerning Alternative Methods for Driver License Transactions. The proposed amendment adds applicants convicted of an offense under Penal Code, Chapter 20A, Trafficking of Persons, to those not eligible to renew or apply for a duplicate driver license or identification certificate using an alternative method and must do so in person consistent with Senate Bill 1527, 88th Leg., R.S. (2023).
Suzy Whittenton, Chief Financial Officer, 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.
Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the 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.
Ms. Whittenton 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 to require individuals convicted of an offense under Penal Code, Chapter 20A, Trafficking of Persons, to renew or apply for a duplicate license or identification certificate in person.
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 expand, limit, or repeal 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 Mandy Edwards, Driver License Division, Texas Department of Public Safety, P.O. Box 4087 (MSC 0300), Austin, Texas 78773; by fax to (512) 424-5233; or by email to DLDrulecomments@dps.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal.
This 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, §521.005, which authorizes the department to adopt rules necessary to administer Chapter 521 of the Texas Transportation Code.
Texas Government Code, §411.004(3); Texas Transportation Code, §521.005 and §521.057; and Code of Criminal Procedure, Article 42.016 and Article 62.060, are affected by this proposal.
§15.29.Alternative Methods for Driver License Transactions.
(a) Eligible driver license or identification certificate holders may utilize alternative methods to renew or obtain a duplicate of their Texas driver license or identification certificate.
(b) Applicants must apply in the manner provided by the department and pay the applicable fee.
(c) Alternative renewal cannot be used for any two consecutive renewal periods for the purpose of updating the digital images.
(d) Applicants listed in paragraphs (1) - (8) of this subsection are not eligible to renew or apply for a duplicate driver license or identification certificate by alternative methods:
(1) any holder of an occupational license;
(2) any driver license holder who has an administrative or card status that requires review by the department, including, but not limited to, a medical or physical condition that may affect the driver license holder's ability to safely operate a motor vehicle;
(3) any driver license holder applying for renewal that will be 79 years of age or older on the expiration of their current license;
(4) any driver license or identification certificate holder subject to the registration requirements of Code of Criminal Procedure, Chapter 62, Sex Offender Registration Program or Penal Code, Chapter 20A, Trafficking of Persons;
(5) any driver license or identification certificate holder who is suspended, canceled, revoked, or denied renewal;
(6) any driver license or identification certificate holder who does not have a verified social security number on file with the department;
(7) any driver license or identification certificate holder who does not have a digital image (e.g. photograph or signature) on file with the department; or
(8) any applicant whose lawful presence needs to be verified.
(e) The department may reject an application for an alternative transaction and require the personal appearance of the applicant at a driver license office if it has information concerning the eligibility of the applicant, including, but not limited to, medical and vision conditions.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 27, 2023.
TRD-202303971
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: December 10, 2023
For further information, please call: (512) 424-5848
SUBCHAPTER A. GENERAL PROVISIONS
The Texas Department of Public Safety (the department) proposes amendments to §35.7, concerning Firearm Standards. The proposed amendments authorize the carrying of certain rifles by commissioned security officers and personal protection officers who are licensed Texas peace officers or honorably retired Texas peace officers and make various clarifying changes to other firearm related provisions.
Suzy Whittenton, Chief Financial Officer, 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.
Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the 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.
Ms. Whittenton 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 enforcing the rule will be greater clarity and consistency in the regulation of the private security industry.
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 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 Steve Moninger, Regulatory Services Division, Texas 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.
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(a), which authorizes the Public Safety Commission to adopt rules to guide the department in its administration of Texas Occupations Code, Chapter 1702.
Texas Government Code, §411.004(3) and Texas Occupations Code, §1702.061(a), are affected by this proposal.
§35.7.Firearm Standards.
(a) Commissioned security officers and personal protection officers may only carry firearms of a category recognized in subsection (b) of this section, and only if:
(1) The commissioned security officers and personal
protection[the] officers have been formally trained in the use of the specific category of firearm being carried as
required under the Act and this chapter; and
(2) The commissioned security officers and personal
protection [the] officers have submitted documentation
of the required training to the department (unless
authorized under subsection (h) of this section).
(b) The recognized firearm categories are:
(1) SA--Any handgun, whether semi-automatic or not;
(2) NSA--Handguns that are not semi-automatic; and
(3) STG--Shotgun.
(c) Commissioned security officers and personal protection officers must exercise care and sound judgment in the use and storage of their firearms.
(d) No security officer or personal protection officer may carry an inoperative, unsafe, replica, or simulated firearm in the course and scope of employment or while in uniform.
(e) No [commissioned] security officer or
personal protection officer may brandish, point, exhibit, or otherwise
display a firearm at any time, except as authorized by law.
(f) The discharge of a firearm by a commissioned security officer or personal protection officer while on duty or otherwise acting or purporting to act under the authority of a security officer commission or personal protection officer license shall be immediately reported to the officer's employer. The employer must notify the department of the discharge of a firearm in writing within twenty-four (24) hours of the incident. The notification to the department must include:
(1) The name of the person discharging the firearm;
(2) The name of the employer;
(3) The location of the incident;
(4) A brief description of the incident;
(5) A statement reflecting whether death, personal injury, or property damage resulted; and
(6) The name of the investigating or arresting law enforcement agency, if applicable.
(g) Firearms may only be carried in a manner consistent with the department approved training curriculum in place at the time of the commissioned security officer's or the personal protection officer's training.
(h) Notwithstanding subsection (b) of this section, a licensed Texas peace officer or an honorably retired Texas peace officer may have access to a rifle while performing services as a commissioned security officer or personal protection officer. For purposes of this subsection, a retired Texas peace officer must have documentation of his or her status as honorably retired from his or her employing agency or the Texas Commission on Law Enforcement (TCOLE). For purposes of this section, "honorably retired" means the officer:
(1) Did not retire in lieu of a disciplinary action;
(2) Was eligible to retire from the law enforcement agency or was ineligible to retire only as a result of an injury received in the course of the applicant's employment with the agency; and
(3) Is entitled to receive a pension or annuity for service as a law enforcement officer or is not entitled to receive a pension or annuity only because the law enforcement agency that employed the applicant does not offer a pension or annuity to its employees.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 27, 2023.
TRD-202303973
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: December 10, 2023
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) proposes amendments to §35.143, concerning Training Instructor Approval. The proposed amendments implement House Bill 3424, 88th R.S. (2023), which requires applicants for a commissioned security officer license to obtain in-person classroom training in self-defense tactics. The amendments require prospective instructors to have the experience necessary to teach self-defense tactics. Additional changes include an alternative method by which prospective training instructors may qualify for approval to provide instruction and the removal of an outdated requirement relating to required hours of training that is inconsistent with the certifications otherwise required.
Suzy Whittenton, Chief Financial Officer, 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.
Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the 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.
Ms. Whittenton 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 enforcing the rule will be greater clarity and consistency in the regulation of the private security industry.
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 risk to human health from environmental exposure and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of 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 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 Steve Moninger, Regulatory Services Division, Texas 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.
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(a), which authorizes the Public Safety Commission to adopt rules to guide the department in its administration of Texas Occupations Code, Chapter 1702 and §1702.1675(f), which authorizes the Commission to adopt rules necessary to administer training requirements.
Texas Government Code, §411.004(3), and Texas Occupations Code, §1702.061(a) and §1702.1675, are affected by this proposal.
§35.143.Training Instructor Approval.
(a) An application for approval as a training instructor
shall contain evidence of qualification as required by the department.
Instructors may be approved for classroom, self-defense, or
firearm training, or any combination of the three [both].
[An individual may apply for approval for one or both of these
categories.] To qualify for classroom, self-defense, or
firearm instructor approval, the applicant must submit acceptable documentation
[certificates] of training for each category. [The
classroom instructor and firearm certificates shall represent a combined
minimum of forty (40) hours of department approved instruction.]
(b) The items detailed in this subsection may constitute proof of qualification as a classroom instructor for security officers:
(1) An instructor's certificate issued by Texas Commission on Law Enforcement (TCOLE);
(2) An instructor's certificate issued by federal, state, or political subdivision law enforcement agency approved by the department;
(3) An instructor's certificate issued by the Texas Education Agency (TEA);
(4) An instructor's certificate relating to law enforcement, private security, or industrial security issued by a junior college, college, or university; or
(5) A license to carry handgun instructor certificate issued by the department.
(c) Proof of qualification to instruct the in-person self-defense component of the security officer training course shall include documentation that the individual has instructed nonlethal self-defense for two (2) or more years. Evidence of instruction experience must include a one page detailed description of the training provided and the schedule or specific dates of classes taught.
(d) [(c)] The items listed in
this subsection may constitute proof of qualification as a firearm
training instructor, if the reflected [reflecting]
training is completed within two (2) years of the date
of the application:
(1) A handgun instructor's certificate issued by the National Rifle Association;
(2) A firearm instructor's certificate issued by TCOLE;
[or]
(3) A firearm instructor's certificate issued by a
federal, state, or political subdivision law enforcement agency approved
by the department; or [.]
(4) Documentation establishing that the applicant regularly instructs others in the use of handguns and has graduated from a handgun instructor school that uses a nationally accepted course designed to train persons as handgun instructors.
(e) [(d)] Proof of qualification
as an alarm systems training instructor shall include proof of completion
of an approved training course on alarm installation.
(f) [(e)] Proof of qualification
as a personal protection officer instructor shall include, but not
be limited to:
(1) A firearm instructor's certificate issued by TCOLE along with proof that the individual has instructed nonlethal self-defense or nonlethal defense of a third party for three (3) or more years. Evidence of instruction experience must include a one page detailed description of the training provided and the schedule or specific date of classes taught.
(2) An instructor's certificate issued by federal, state, or political subdivision law enforcement academy along with proof that the individual has instructed nonlethal self-defense or nonlethal defense of a third party for three (3) or more years. Evidence of instruction experience must include a one page detailed description of the training provided and the schedule or specific dates of classes taught.
(3) An instructor's certificate issued by TEA along with proof that the individual has instructed nonlethal self-defense or nonlethal defense of a third party for three (3) or more years. Evidence of instruction experience must include a one page detailed description of the training provided and the schedule or specific dates of classes taught.
(4) An instructor's certificate relating to law enforcement, private security or industrial security issued by a junior college, college or university along with proof that the individual has instructed nonlethal self-defense or nonlethal defense of a third party for three (3) or more years. Evidence of instruction experience must include a one page detailed description of the training provided and the schedule or specific dates of classes taught.
(5) Evidence of successful completion of a department approved training course for personal protection officer instructors.
(g) [(f)] Notice shall be given
in writing to the department within fourteen (14) days after a change
in address of the approved instructor.
(h) [(g)] In addition to summary
actions under the Act, based on criminal history disqualifiers, the
department may revoke or suspend an instructor's approval or deny
the application or renewal thereof upon evidence that:
(1) The instructor or applicant has violated any provisions of the Act or this chapter;
(2) The qualifying instructor's certificate has been revoked or suspended by the issuing agency;
(3) A materially [material] false
statement was made in the application; or
(4) The instructor does not meet the qualifications set forth in the provisions of the Act and 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 October 27, 2023
TRD-202303974
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: December 10, 2023
For further information, please call: (512) 424-5848