TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

CHAPTER 4. COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES

SUBCHAPTER B. REGULATIONS GOVERNING TRANSPORTATION SAFETY

The Texas Department of Public Safety (the department) adopts amendments to §4.13, concerning Authority to Enforce, Training and Certificate Requirements. This rule is adopted without changes to the proposed text as published in the August 22, 2025, issue of the Texas Register (50 TexReg 5437). The rule will not be republished.

The amendments simplify the structure of the rule, add clarifying language for the training and certification of certain state and local enforcement officers, clarifies that commercial vehicle inspection sites are a valid location for an inspection, and makes other conforming changes to reflect the department's practices. The amendments also update §4.13 to align with the Commercial Vehicle Safety Alliance's Operational Policy 4, titled "Inspector Training and Certification," which is adopted by the department, recognized by the Federal Motor Carrier Safety Administration, and located at https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2021-07/CVSA%20Operational%Policy%2004%Revised%2004-29-2021.pdf

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, §644.003, which authorizes the department to adopt rules to administer the chapter; §644.051, which authorizes the director to adopt rules regulating the safe transportation of hazardous materials and the safe operation of commercial motor vehicles; and authorizes the director to adopt all or part of the federal safety regulations by reference; and § 644.102, which authorizes the department to establish by rule uniform standards for municipal or county enforcement of the chapter.

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 9, 2025.

TRD-202503650

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: October 29, 2025

Proposal publication date: August 22, 2025

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) adopts amendments to §12.11, concerning Application for License. This rule is adopted without changes to the proposed text as published in the August 22, 2025, issue of the Texas Register (50 TexReg 5440) and will not be republished.

The proposed rule amendment implements House Bill 46, 89th Leg., R.S. (2025), by establishing a timeline for reviewing and taking action on a license application and making other conforming changes.

House Bill 46 expands the Texas Compassionate-Use Program by mandating that the department issue 15 dispensing organization licenses; currently, three exist. The bill sets out the timeline with respect to issuing the remaining dispensing organization licenses. Nine new dispensing organizations must be licensed by the department no later than December 1, 2025, from applications submitted before July 1, 2025. Three more dispensing organizations must be licensed by the department no later than April 1, 2026, from applications submitted at any time.

However, House Bill 46 also requires the director to adopt rules to establish a timeline for reviewing and taking action on dispensing organization licenses. Therefore, this rule is amended to establish the timeline applicable to issuing a license after all 15 dispensing organization licenses have been issued in accordance with the timeline established by House Bill 46. The timeline identified in the proposed rule will apply when any one or more of the 15 dispensing organization licenses issued under House Bill 46 is revoked or otherwise vacated and is available to be opened to new license applicants.

The department accepted comments on the proposals through September 22, 2025. The substantive comments received and the department's responses are summarized below.

COMMENT:

Written comments relating to §12.11, §12.23, and §12.35 were submitted by Raj Patel, on behalf of NXP Wellness, LLC in support of these rule proposals.

RESPONSE:

No changes were made to the proposals based on this comment.

COMMENT:

Written comments relating to §12.11, §12.23, and §12.35 were submitted by Jean Robinson, on behalf of Metrc encouraging the department to use a track-and-trace technology system in its Compassionate-Use Program.

RESPONSE:

This comment relates to a track-and-trace technology system and has no impact on the proposed rules. No changes were made to the proposals 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; Texas Health and Safety Code, §487.052, which requires the director to adopt rules necessary for the administration and enforcement of Texas Health and Safety Code, Chapter 487; §487.104(f), which requires the director to adopt rules to establish a timeline for reviewing and taking action on an application submitted; and House Bill 46, 89th Leg., R.S. (2025).

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 9, 2025.

TRD-202503651

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: October 29, 2025

Proposal publication date: August 22, 2025

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

SUBCHAPTER C. COMPLIANCE AND ENFORCEMENT

The Texas Department of Public Safety (the department) adopts amendments to §12.23, concerning Revocation. This rule is adopted without changes to the proposed text as published in the August 22, 2025, issue of the Texas Register (50 TexReg 5443). The rule will not be republished.

The proposed rule amendment implements House Bill 46, 89th Leg., R.S. (2025), by authorizing revocation for a dispensing organization license for failing to begin dispensing low-THC cannabis within 24 months of license issuance or failing to continue dispensing low-THC cannabis during the term of the license.

The department accepted comments on the proposals through September 22, 2025. The substantive comments received and the department's responses are summarized below.

COMMENT:

Written comments relating to §§12.11, 12.23, and 12.35 were submitted by Raj Patel, on behalf of NXP Wellness, LLC in support of these rule proposals.

RESPONSE:

No changes were made to the proposals based on this comment.

COMMENT:

Written comments relating to §§12.11, 12.23, and 12.35 were submitted by Jean Robinson, on behalf of Metrc encouraging the department to use a track-and-trace technology system in its Compassionate-Use Program.

RESPONSE:

This comment relates to a track-and-trace technology system and has no impact on the proposed rules. No changes were made to the proposals 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; Texas Health and Safety Code, §487.052, which requires the director to adopt rules necessary for the administration and enforcement of Texas Health and Safety Code, Chapter 487; §487.1045(b), which requires the director to adopt rules to revoke the license of a dispensing organization that does not dispense low-THC cannabis within the time required by this section or that discontinues dispensing low-THC cannabis during the term of the license and to monitor whether a dispensing organization is using a license issued to dispense low-THC cannabis; and House Bill 46, 89th Leg., R.S. (2025).

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 9, 2025.

TRD-202503652

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: October 29, 2025

Proposal publication date: August 22, 2025

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

SUBCHAPTER D. SECURITY

The Texas Department of Public Safety (the department) adopts new §12.35, concerning Security of Satellite Locations. This rule is adopted without changes to the proposed text as published in the August 22, 2025, issue of the Texas Register (50 TexReg 5444). The rule will not be republished.

The proposed rule implements House Bill 46, 89th Leg., R.S. (2025), by establishing security requirements for dispensing organization satellite locations if approved by the department.

The department accepted comments on the proposals through September 22, 2025. The substantive comments received and the department's responses are summarized below.

COMMENT:

Written comments relating to §§12.11, 12.23, and 12.35 were submitted by Raj Patel, on behalf of NXP Wellness, LLC in support of these rule proposals.

RESPONSE:

No changes were made to the proposals based on this comment.

COMMENT:

Written comments relating to §§12.11, 12.23, and 12.35 were submitted by Jean Robinson, on behalf of Metrc encouraging the department to use a track-and-trace technology system in its Compassionate-Use Program.

RESPONSE:

This comment relates to a track-and-trace technology system and has no impact on the proposed rules. No changes were made to the proposals 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; Texas Health and Safety Code, §487.052, which requires the director to adopt rules necessary for the administration and enforcement of Texas Health and Safety Code, Chapter 487; §487.1035(d), which requires the director to adopt rules regarding the design and security requirements for satellite locations; and House Bill 46, 89th Leg., R.S. (2025).

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 9, 2025.

TRD-202503653

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: October 29, 2025

Proposal publication date: August 22, 2025

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

CHAPTER 14. SCHOOL BUS SAFETY STANDARDS

SUBCHAPTER D. SCHOOL BUS SAFETY STANDARDS

The Texas Department of Public Safety (the department) adopts amendments to §§14.51 - 14.54, concerning School Bus Safety Standards. These rules are adopted without changes to the proposed text as published in the August 22, 2025, issue of the Texas Register (50 TexReg 5445). The rule will not be republished.

The proposed amendments update the rules to reflect the equipment specifications for 2025 model school buses operating in the State of Texas, modify language so that it is consistent with the statutory framework, including removing references to private schools, and update references to required forms. Additional non-substantive changes have been made to improve clarity and readability.

No comments were received regarding the adoption of these rules.

These rules 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; Texas Education Code, §34.002, which authorizes the department to adopt safety standards for school buses; Texas Transportation Code, §547.101(a), which authorizes the department to adopt rules necessary to administer the chapter; §547.102, which authorizes the department to adopt safety standards and specifications for school bus equipment; and §547.7015, which authorizes the department to adopt rules governing the design, color, lighting, and other equipment, construction and operation of a school bus for the transportation of school children.

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 9, 2025.

TRD-202503654

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: October 29, 2025

Proposal publication date: August 22, 2025

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

PART 7. TEXAS COMMISSION ON LAW ENFORCEMENT

CHAPTER 211. ADMINISTRATION

The Texas Commission on Law Enforcement (Commission) adopts amended 37 Texas Administrative Code §211.1, Definitions, without changes to the proposed text as published in the July 25, 2025 issue of the Texas Register (50 TexReg 4339). The rule will not be republished.

This adopted amended rule adds definitions for a full-time peace officer, part-time peace officer, and reserve law enforcement officer. The definitions were developed from Texas Government Code Chapter 614, Texas Occupations Code §1701.001, and the statutes cited in the reserve law enforcement officer definition. These definitions will provide guidance for correctly categorizing the type of appointment for each peace officer. Also, the Commission has previously been asked for the number of appointments for each definition category and will be able to provide more accurate information in response.

The public comment period began on July 25, 2025, and ended on September 4, 2025, at the conclusion of the public meeting of the Commission. Three public comments were received.

Public Comment No. 1: Commenter asked for clarification of the phrase "entitled to all employee benefits offered to a peace officer by the appointing law enforcement agency or its governing body" in relation to peace officers appointed with a fire department. Under the same governing body, the municipal police department and the fire departments have separate meet and confer agreements that do not apply to the peace officers appointed with a fire department.

Commission Response: What matters are the benefits the full-time or part-time officers at your agency are offered, whether that is offered by the agency itself or the governing body.

Public Comment No. 2: Commenter requested that the Commission consider changing the requirement that a full-time peace officer work at least 32 hours per work to at least 64 hours every two weeks to cover irregular work schedules.

Commission Response: The amended rule requires that a full-time peace officer works at least 32 hours per week on average, which already accounts for the requested change by requiring an average of the work hours per week over time.

Public Comment No. 3: Commenter is not in favor of the part-time peace officer definition because a retired peace officer who receives insurance benefits from their previous agency could not qualify as a part-time officer for another agency.

Commission Response: This is not correct as the definition for part-time peace officer only states that a part-time officer is required to be entitled to all employee benefits offered to a peace officer by the agency or its governing body. The definition does not state that the part-time officer must elect to receive those benefits from the current agency.

The amended rule is adopted under Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority. Texas Occupations Code §1701.151 authorizes the Commission to adopt rules for the administration of Occupations Code Chapter 1701.

The amended rule as adopted affects or implements Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority. No other code, article, or statute is affected by this adoption.

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 8, 2025.

TRD-202503643

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Effective date: November 1, 2025

Proposal publication date: July 25, 2025

For further information, please call: (512) 936-7700

The Texas Commission on Law Enforcement (Commission) adopts amended 37 Texas Administrative Code §211.29, Responsibilities of Agency Chief Administrators, without changes to the proposed text as published in the July 25, 2025 issue of the Texas Register (50 TexReg 4342). The rule will not be republished.

This adopted amended rule codifies in rule the requirements of law enforcement agencies in relation to the Commission that are contained in Texas Occupations Code Chapter 1701 or in the Misconduct Allegations and Personnel Files model policies. As intended by Senate Bill 1445 (88R), this will allow the Commission to enforce limited aspects of these model policies, or substantively similar ones, as adopted by law enforcement agencies. This includes the requirement that agencies investigate and submit reports for allegations of misconduct of their appointed licensees and that they maintain personnel and department files for their appointed licensees and submit those personnel and department files to the Commission when required.

The public comment period began on July 25, 2025, and ended on September 4, 2025, at the conclusion of the public meeting of the Commission. One public comment was received.

Public Comment: Commentor is against the requirement in Subsection (o)(4) that a chief administrator must submit a report to the Commission for all completed investigations of alleged administrative misconduct, including for those investigations where the allegations were not sustained. He is also against the requirement in Subsection (o)(6) that documentation of the completed investigation be included in the licensee's personnel or department file, as appropriate. His reasoning is that allegations of misconduct that are not sustained can still cause reputational and other negative impacts to the officer. Also, some may question why the Commission does not take disciplinary action against a licensee that has a certain amount of complaints against them.

Commission Response: Senate Bill 1445 (88R), also known as the TCOLE Sunset Bill, required the Commission to create model policies for the investigation of allegations of misconduct and the maintenance of personnel files, which is codified in Texas Occupations Code §§1701.4522 and .4535. The bill also required every agency to adopt these model policies, or substantively similar ones. The requirements in this proposed rule, including the ones the commenter takes exception to, are baseline requirements in the statute which are required to be in the model policies. As such, the proposed rule does not create any additional requirements that are not already contained in the model policies as required by statute.

The amended rule is adopted under Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority, Texas Occupations Code §1701.4522, Misconduct Investigation and Hiring Procedures, and Texas Occupations Code §1701.4535, Personnel File. Texas Occupations Code §1701.151 authorizes the Commission to adopt rules for the administration of Occupations Code Chapter 1701. Texas Occupations Code §1701.4522 requires the Commission to adopt a model policy for misconduct investigations. Texas Occupations Code §1701.4535 requires the Commission to adopt a model policy for personnel files.

The amended rule as adopted affects or implements Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority, Texas Occupations Code §1701.4522, Misconduct Investigation and Hiring Procedures, and Texas Occupations Code §1701.4535, Personnel File. No other code, article, or statute is affected by this proposal.

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 8, 2025.

TRD-202503644

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Effective date: November 1, 2025

Proposal publication date: July 25, 2025

For further information, please call: (512) 936-7700

CHAPTER 215. TRAINING AND EDUCATIONAL PROVIDERS

The Texas Commission on Law Enforcement (Commission) adopts new 37 Texas Administrative Code §215.8, Minimum Standards for Appointment as a Training Coordinator over a Basic Licensing Course, without changes to the proposed text as published in the July 25, 2025 issue of the Texas Register (50 TexReg 4344). The rule will not be republished.

The new rule establishes minimum standards and training requirements for individuals to be appointed as a training coordinator over a basic licensing course. This new rule was developed by the Minimum Standards for Training Coordinators Advisory Committee for the purpose of ensuring that basic licensing courses are conducted by qualified training coordinators. The new rule distinguishes between appointments for a licensee already appointed by a law enforcement agency that seeks to be a training coordinator over a licensing course versus all others seeking to be a training coordinator over a licensing course. These minimum standards for appointment contained in Subsection (b) were derived from the minimum standards required for Commission licensees as contained in 37 Texas Administrative Code §217.1 and will require a training provider to perform a Commission background investigation on the applicant for appointment. Also, this new rule requires training coordinators over a basic licensing course to take a basic training coordinator course once and continuing education on a biennial basis.

The public comment period began on July 25, 2025, and ended on September 4, 2025, at the conclusion of the public meeting of the Commission. No public comments were received regarding adoption of the new rule as proposed.

The new rule is adopted under Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority. Texas Occupations Code §1701.151 authorizes the Commission to adopt rules for the administration of Occupations Code Chapter 1701 and to establish minimum standards relating to the competence and reliability, including the education, training, physical, and mental standards, for licensing as an officer, county jailer, or telecommunicator.

The new rule as adopted affects or implements Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority. No other code, article, or statute is affected by this adoption.

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 8, 2025.

TRD-202503645

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Effective date: November 1, 2025

Proposal publication date: July 25, 2025

For further information, please call: (512) 936-7700

The Texas Commission on Law Enforcement (Commission) adopts amended 37 Texas Administrative Code §215.9, Training Coordinator, without changes to the proposed text as published in the July 25, 2025 issue of the Texas Register (50 TexReg 4346). The rule will not be republished.

This adopted amended rule requires a training coordinator to report to the Commission the separation of any student from a basic licensing course within 30 days of separation. Previously, only students who successfully completed a basic licensing course were reported to the Commission. This amendment will allow the tracking of all students who enroll in a basic licensing course to improve data collection on enrollment patterns and academy operations. The Commission can use this data to allocate resources appropriately. Another goal is to reduce academy shopping by applicants through the collection and sharing of academy records of separated applicants.

The public comment period began on July 25, 2025, and ended on September 4, 2025, at the conclusion of the public meeting of the Commission. One public comment was received.

Public Comment: Commentor asked if the requirement to report the separation of a student from a basic licensing course applies to the training coordinator over the basic licensing course or the training coordinator of the employing agency.

Commission Response: It applies to the training coordinator over the basic licensing course as they are the training coordinator over the course from which the student has separated.

The amended rule is adopted under Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority, and §1701.153, Reports from Agencies and Schools. Texas Occupations Code §1701.151 authorizes the Commission to adopt rules for the administration of Occupations Code Chapter 1701. Texas Occupations Code §1701.153 requires the Commission to establish reporting standards and procedures for the activities of licensed training schools and for matters the Commission considers necessary for the administration of Occupations Code Chapter 1701.

The amended rule as adopted affects or implements Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority, and §1701.153, Reports from Agencies and Schools. No other code, article, or statute is affected by this proposal.

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 8, 2025.

TRD-202503646

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Effective date: November 1, 2025

Proposal publication date: July 25, 2025

For further information, please call: (512) 936-7700

CHAPTER 223. ENFORCEMENT

The Texas Commission on Law Enforcement (Commission) adopts amended 37 Texas Administrative Code §223.19, License Revocation, without changes to the proposed text as published in the July 25, 2025 issue of the Texas Register (50 TexReg 4348). The rule will not be republished.

The adopted amended rule requires the Commission to revoke the license of a licensee that is convicted or placed on community supervision for an offense under Chapter 39 of the Texas Penal Code. This conforms with the Commission's standard practice of seeking revocation for abuse of office offenses. The adopted amended rule will also allow the Commission to revoke the license of a licensee that is convicted or placed on community supervision for an offense committed against a vulnerable person, as defined, or any offense involving cruelty to animals. Commission licensees, in their position of authority, need to be trusted to safely and ethically exercise care, custody, or control over members of the public. This amendment will help to ensure that Texas is served by ethical law enforcement professionals by allowing revocation of licensees that have demonstrated a possible danger to the public.

The public comment period began on July 25, 2025, and ended on September 4, 2025, at the conclusion of the public meeting of the Commission. No public comments were received regarding adoption of the amended rule as proposed.

The amended rule is adopted under Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority, and Texas Occupations Code §1701.501, Disciplinary Action. Texas Occupations Code §1701.151 authorizes the Commission to adopt rules for the administration of Occupations Code Chapter 1701 and to establish minimum standards relating to the competence and reliability, including the education, training, physical, and mental standards, for licensing as an officer, county jailer, or telecommunicator. Texas Occupations Code §1701.501 authorizes the Commission to establish procedures for the revocation of a license and to adopt other necessary enforcement procedures.

The amended rule as adopted affects or implements Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority, and Texas Occupations Code §1701.501, Disciplinary Action. No other code, article, or statute is affected by this proposal.

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 8, 2025.

TRD-202503647

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Effective date: November 1, 2025

Proposal publication date: July 25, 2025

For further information, please call: (512) 936-7700