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 an amendment to §6.14 and proposes a new §6.19, concerning Eligibility And Application Procedures For A License To Carry A Handgun. Proposed amendments to §6.14 clarify that applicants for a license to carry who are tactical medical professionals must submit their certificate of training in accordance with new §6.19, which provides that the certificate of training is valid for one year. Proposed new §6.19 establishes the training, continuing education course, and certification requirements for tactical medical professionals with a license to carry in compliance with House Bill 4995, 89th Leg. R.S. (2025).

Megan Sanchez, Assistant Chief, Finance Division, has determined that for each year of the first five-year period these rules are in effect there will be no fiscal implications for state or local government or local economies.

Ms. Sanchez has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the sections as proposed. There is no anticipated economic cost to individuals who are required to comply with the rules as proposed. There is no anticipated negative impact on local employment.

Ms. Sanchez 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 these rules will be the effective implementation of legislation and greater clarity, consistency, and transparency in the administration of the License to Carry Handguns Program.

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 create a new regulation and limits an existing regulation. The proposed rulemaking does not expand or repeal 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 the 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; §411.1884 which requires the director to adopt rules establishing minimum standards for an initial training course and an annual continuing education course for tactical medical professionals who hold licenses to carry; and House Bill 4995, 89th Leg., R.S. (2025).

Texas Government Code, §411.004(3) and §411.1884 are affected by this proposal.

§6.14. Proficiency Requirements.

(a) The figure in this section provides the proficiency demonstration requirements applicable to applicants for either a license to carry a handgun or certification as a qualified handgun instructor.

Figure: 37 TAC §6.14(a) (No change.)

(b) An applicant for a license to carry a handgun must score at least 70% on both the written examination and the proficiency examination.

(c) An applicant for a license to carry a handgun will have three opportunities to pass the written examination and the proficiency examination within a 12-month period.

(d) The qualified handgun instructor or approved online course provider must submit all examination failures to the department on the class completion notification. The notification must indicate if the failure occurred after the applicant had been given three opportunities to pass the examinations.

(e) On successful completion of the written or proficiency examinations, the qualified handgun instructor or approved online course provider, as applicable, shall certify the applicant has established his or her proficiency on the form and in the manner determined by the department.

(f) With the exception of first responder certificates of training issued under §6.18 of this title (relating to First Responder Certification; Renewal of Certification) and tactical medical professional certificates of training issued under §6.19 of this title (relating to Tactical Medical Professional Certification; Renewal of Certification), all certificates of training are valid for two years from the date they are issued by the qualified handgun instructor or approved online course provider. Any certificate of training that is required in conjunction with an application must be valid on the date the completed application is submitted to the department.

(g) The qualified handgun instructor shall require all applicants for a license to carry a handgun to complete the range instruction part of the handgun proficiency course before allowing a physical demonstration of handgun proficiency.

§6.19. Tactical Medical Professional Certification; Renewal of Certification.

(a) A license holder who is also a tactical medical professional, as defined in §411.1884, Government Code, may obtain the tactical medical professional certification by:

(1) successfully completing the tactical medical professional certification course offered by a qualified handgun instructor who is certified as a tactical medical professional instructor; and

(2) submitting a request for a tactical medical professional certification, including the certificate of completion provided by the tactical medical professional instructor, and any documentation requested by the department establishing the requestor's employment as a tactical medical professional.

(b) The tactical medical professional certificate of training may be submitted to the department within one year from the date it was issued by the qualified handgun instructor. The tactical medical professional certificate of training must be valid on the date it is submitted to the department.

(c) The tactical medical professional certification must be renewed annually by completing the required continuing education course provided by a certified tactical medical professional instructor and submitting the certificate of training to the department. The certificate of continuing education training is valid for six months from the date of issuance. The certificate of continuing education training must be valid on the date the original tactical medical professional certificate expires.

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 13, 2025.

TRD-202503677

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 23, 2025

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

SUBCHAPTER G. TACTICAL MEDICAL PROFESSIONAL INSTRUCTOR CERTIFICATION

37 TAC §6.111, §6.112

The Texas Department of Public Safety (the department) proposes new §6.111 and §6.112, concerning Tactical Medical Professional Instructor Certification. These new rules are necessary to implement House Bill 4995, 89th Leg. R.S. (2025), which requires the department to establish by rule minimum standards for a training course to be completed by tactical medical professionals who also hold a license to carry. New §6.111 and §6.112 provide the application procedures and training requirements to enable qualified license to carry handgun instructors to obtain the training and certification required to offer the tactical medical professional training course to tactical medical professionals who hold a license to carry.

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 create a new regulation. The proposed rulemaking does not expand, limit, or repeal 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.

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; §411.1884 which requires the director to adopt rules establishing minimum standards for an initial training course and an annual continuing education course for tactical medical professionals who hold licenses to carry; and House Bill 4995, 89th Leg., R.S. (2025).

Texas Government Code, §411.004(3) and §411.1884 are affected by this proposal.

§6.111. Application for Tactical Medical Professional Instructor Certification.

(a) A qualified handgun instructor may apply for an instructor of the tactical medical professional certification course if the applicant's qualified handgun instructor certification is current and the applicant has no suspension, revocation or other disciplinary actions pending.

(b) A tactical medical professional instructor certification applicant is required to attend the department's training course in person. If the applicant is unable to attend the originally scheduled tactical medical professional instructor course in person, the applicant may request to be rescheduled for a second tactical medical professional instructor course. If the applicant fails to attend the second scheduled course, the application will be terminated, and the applicant is required to submit a new application to attend a tactical medical professional instructor course in the future.

(c) A tactical medical professional instructor certification applicant is required to pass a prequalifying written examination consisting of material from the current license to carry a handgun course. A passing score of 90% or better must be achieved on the first attempt. A student scoring less than 90% is not permitted to continue the training and must reapply as a new applicant for a future course.

(d) A tactical medical professional instructor certification applicant who passes the prequalifying written examination is required to demonstrate handgun proficiency using the current license to carry a handgun course of fire. A passing score of 90% or better must be achieved on the first attempt. A second attempt may be allowed at the discretion of the department if the prior failure was the result of a weapon malfunction. A student may use only one handgun, and the handgun must meet the requirements of the Act and of this chapter. A student who scores less than 90% will not be permitted to continue the training and must reapply as a new applicant for a future course.

(e) Only tactical medical professional instructor certification applicants who pass the prequalifying written examination and the proficiency demonstration will be allowed to attend the tactical medical professional instructor certification course. A student may be removed from course for reasons described in §6.37 of this title (relating to Conduct During Training). Students must pass the department approved final written examination for certification with a score of 90% or better. Failing students must reapply as a new applicant for a future course.

(f) Applicants who pass the course will be provided a certificate in the form approved by the department.

(g) The tactical medical professional instructor certification remains valid so long as the instructor's qualified handgun instructor certification remains valid and is continuously renewed prior to expiration.

(h) The applicant's qualified handgun instructor certification must be current as of the date the tactical medical professional instructor certification course begins. If the qualified handgun instructor certification has expired course attendance will not be permitted.

§6.112. Tactical Medical Professional Certification Courses.

(a) The tactical medical professional training course described in Government Code, §411.1884 may only be provided by a certified tactical medical professional instructor and must be taught using the department approved curriculum, training materials, and examinations.

(b) Following the classroom portion and the practical exercises, applicants must pass both the department approved final written examination and proficiency demonstration with a score of 90% or better on each. Applicants with a score of less than 90% on the final written examination and the proficiency demonstration will not receive a tactical medical professional certificate from the department.

(c) On completion of the tactical medical professional training course, the certified tactical medical professional instructor who conducted the course must submit a report within five business days to the department indicating whether the applicants in the course passed or failed. The report must be submitted in the manner determined by the department.

(d) Certified tactical medical professional instructors must comply with this chapter's rules relating to qualified handgun instructor course scheduling, reporting, and record retention unless otherwise provided in this section.

(e) Certified tactical medical professional instructors must submit all failures of written examinations and proficiency demonstrations to the department on the class completion notification. The notification must indicate whether the failure occurred after the applicant had been given three opportunities to pass the examinations.

(f) On successful completion of the written examinations or proficiency demonstrations, the qualified handgun instructor must certify the applicant has established the applicant's proficiency on the form and in the manner determined by the department.

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 13, 2025.

TRD-202503678

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 23, 2025

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

CHAPTER 10. IGNITION INTERLOCK DEVICE

SUBCHAPTER C. MILITARY SERVICE MEMBERS, VETERANS, AND SPOUSES - SPECIAL CONDITIONS FOR VENDOR AUTHORIZATIONS

37 TAC §10.24, §10.25

The Texas Department of Public Safety (the department) proposes an amendment to §10.24 and proposes new §10.25, concerning Military Service Members, Veterans, And Spouses - Special Conditions For Vendor Authorizations. The proposed amendment and new rule implement House Bill 5629, 89th Leg., R.S. (2025) by clarifying the alternative vendor authorization or licensing process and by establishing new rules for recognizing another state's license similar in scope of practice to the vendor authorization in this state for the Ignition Interlock Device Program.

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 create a new regulation. The proposed rulemaking does not expand, limit, or repeal 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.

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, §521.247, which authorizes the department to adopt rules for the approval of ignition interlock devices; §521.2476, which authorizes the department to establish by rule minimum standards for vendors of ignition interlock devices who conduct business in this state and procedures to ensure compliance with those standards; and House Bill 5629, 89th Leg., R.S. (2025).

Texas Government Code, §411.004(3); Texas Transportation Code, §521.247 and §521.2476; and Texas Occupations Code, §55.004 and §55.0041 are affected by this proposal.

§10.24. Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses.

(a) An individual who is a military service member, military veteran, or military spouse may apply for a vendor authorization under this section if the individual:

(1) Holds a current authorization issued by another state that is similar in scope of practice to the vendor authorization in this state and is in good standing with that state's licensing authority [~~jurisdiction with licensing requirements substantially equivalent to the Act's requirements for the authorization~~]; or

(2) Within the 5 years preceding the application date, held a vendor authorization in this state.

(b) The department may accept alternative demonstrations of professional competence in lieu of existing experience, training, or educational requirements.

§10.25. Recognition of Out-of-State License for Military Service Members and Military Spouses.

Pursuant to Occupations Code, §55.0041, the department's determination of whether another state's license held by a military service member or military spouse is similar in the scope of practice to that of the Texas vendor authorization will be made upon receipt of the application for recognition of the out-of-state license by comparing the other state's license requirements, including its statutes, rules, and application review process, with the department's requirements to determine if the requirements are similar in scope of practice.

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 13, 2025.

TRD-202503679

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 23, 2025

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

CHAPTER 23. VEHICLE INSPECTION

SUBCHAPTER C. VEHICLE INSPECTION STATION OPERATION

37 TAC §23.25

The Texas Department of Public Safety (the department) proposes an amendment to §23.25, concerning Vehicle Inspection Fees. The amendment removes subsection (e) to implement Senate Bill 1729, 89th Leg., R.S. (2025), which repeals the department's authority to establish the three-year inspection fee for certain rental vehicles.

Megan Sanchez, Assistant Chief, Finance Division, has determined that for each year of the first five-year period this rule is in effect there may be a decrease in revenue to the state because of the elimination of the three-year inspection fee for certain rental vehicles as repealed in Senate Bill 1729. The department cannot provide an estimate of this impact because the fee was collected by the Texas Department of Motor Vehicles, and not by the Texas Department of Public Safety. However, the fiscal note to Senate Bill 1729 indicated there was no significant fiscal impact anticipated to the state. There are no other fiscal implications for local government or local economies.

Ms. Sanchez 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. Sanchez 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 the effective implementation of legislation and greater clarity, consistency, and transparency in the administration of the Vehicle Inspection Program.

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 limit an existing regulation but does not expand or repeal it. 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.

Texas Government Code, §411.004(3) and Texas Transportation Code, §548.002, §548.1025, and §548.5035 are affected by this proposal.

§23.25. Vehicle Inspection Fees.

(a) The vehicle inspection fee is a charge for performing the vehicle inspection only and may not exceed the amount set by Texas Transportation Code, Chapter 548 or this chapter.

(b) The vehicle inspection station may collect the station portion of the inspection fee at the time of the original inspection whether the vehicle is passed or rejected.

(c) Charges for additional services related to the repair, replacement, or adjustment of the required items of inspection must be expressly authorized, or approved by the customer, and must be separately listed on the bill from the statutorily mandated inspection fee.

(d) A vehicle inspection station or vehicle inspector may not advertise, charge, or attempt to charge a fee in a manner that could reasonably be expected to cause confusion or misunderstanding on the part of an owner or operator presenting a vehicle regarding the relationship between the statutorily mandated inspection fee and a fee for any other service or product offered by the vehicle inspection station.

~~[(e) The initial three-year fee for inspection of certain rental vehicles meeting the requirements of Texas Transportation Code, §548.1025 shall be $22.08.]~~

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 13, 2025.

TRD-202503680

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 23, 2025

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

SUBCHAPTER I. MILITARY SERVICE MEMBERS, VETERANS, AND SPOUSES--SPECIAL CONDITIONS

37 TAC §23.93, §23.95

The Texas Department of Public Safety (the department) proposes an amendment to §23.93 and new §23.95, concerning Military Service Members, Veterans, and Spouses--Special Conditions. The proposed amendment and new rule implement House Bill 5629, 89th Leg., R.S. (2025) by clarifying the alternative certificate or licensing process and by establishing new rules for recognizing another state's license similar in scope of practice to the certificate in this state for the Vehicle Inspection Program.

Ms. Sanchez has determined that for each year of the first five-year period these rules are in effect the public benefit anticipated as a result of this rule will be the effective implementation of legislation and greater clarity, consistency, and transparency in the administration of the Vehicle Inspection Program for military service members, veterans, and spouses.

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 create a new regulation. The proposed rulemaking does not expand, limit, or repeal 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.

Texas Government Code, §411.004(3); Texas Transportation Code, §548.002; and Texas Occupations Code, §55.004 and §55.0041 are affected by this proposal.

§23.93. Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses.

(a) An individual who is a military service member, military veteran, or military spouse may apply for a certificate under this section if the individual:

(1) Holds a current certificate issued by another state that is similar in scope of practice to the certificate in this state and is in good standing with that state's licensing authority [~~jurisdiction with licensing requirements substantially equivalent to the Act's requirements for the certificate~~]; or

(2) Within the five (5) years preceding the application date held a certificate in this state.

(b) The department may accept alternative demonstrations of professional competence in lieu of existing experience, training, or educational requirements.

§23.95. Recognition of Out-of-State License for Military Service Members and Military Spouses.

Pursuant to Occupations Code, §55.0041, the department's determination of whether another state's license held by a military service member or military spouse is similar in the scope of practice to that of the Texas certificate will be made upon receipt of the application for recognition of the out-of-state license by comparing the other state's license requirements, including its statutes, rules, and application review process, with the department's requirements to determine if the requirements are similar in scope of practice.

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 13, 2025.

TRD-202503681

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 23, 2025

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

CHAPTER 35. PRIVATE SECURITY

SUBCHAPTER O. MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES - SPECIAL CONDITIONS

37 TAC §35.183, §35.186

The Texas Department of Public Safety (the department) proposes an amendment to §35.183 and proposes new §35.186, concerning Military Service Members, Military Veterans, And Military Spouses - Special Conditions. The proposed amendment and new rule implement House Bill 5629, 89th Leg., R.S. (2025) by clarifying the alternative licensing process and by establishing new rules for recognizing another state's license similar in scope of practice to the license in this state for the Private Security Program.

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 create a new regulation. The proposed rulemaking does not expand, limit, or repeal 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.

Texas Government Code, §411.004(3) and Texas Occupation Code, §55.004, §55.0041, and §1702.061(a) are affected by this proposal.

§35.183. Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses.

(a) An individual who is a military service member, military veteran, or military spouse may apply for a license under this section if the individual:

(1) Holds a current license issued by another state that is similar in scope of practice to the license in this state and is in good standing with that state's licensing authority [~~jurisdiction with licensing requirements substantially equivalent to the Act's requirements for the authorization~~]; or

(2) Within the five (5) years preceding the application date held the license in this state.

(b) The department may accept alternative demonstrations of professional competence in lieu of existing experience, training, or educational requirements.

§35.186. Recognition of Out-of-State License for Military Service Members and Military Spouses.

Pursuant to Occupations Code, §55.0041, the department's determination of whether another state's license held by a military service member or military spouse is similar in the scope of practice to that of the Texas license will be made upon receipt of the application for recognition of the out-of-state license by comparing the other state's license requirements, including its statutes, rules, and application review process, with the department's requirements to determine if the requirements are similar in scope of practice.

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 13, 2025.

TRD-202503682

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 23, 2025

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

CHAPTER 36. METALS RECYCLING ENTITIES

SUBCHAPTER C. PRACTICE BY CERTIFICATE HOLDERS AND REPORTING REQUIREMENTS

37 TAC §36.33, §36.39

The Texas Department of Public Safety (the department) proposes an amendment to §36.33 and proposes a new §36.39, concerning Practice By Certificate Holders And Reporting Requirements. The proposed amendment and proposed new rule are necessary to implement Senate Bill 1646, 89th Leg., R.S. (2025). The amendment to §36.33 outlines the documentation a seller who sells insulated communications wire must provide to a metal recycling entity to establish that the wire was salvaged from a fire, and proposed new §36.39 establishes the method by which a metal recycling entity is required to document the type of seller from which the entity purchased or acquired copper or brass material.

Ms. Sanchez has determined that for each year of the first five-year period these rules are in effect the public benefit anticipated as a result of these rules will be the effective implementation of legislation and greater clarity, consistency, and transparency in the administration of the Metals Recycling Entities Program.

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 create a new regulation and expands an existing regulation. The proposed rulemaking does not limit or repeal 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.

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 Occupations Code, §1956.013, which authorizes the Public Safety Commission to adopt rules to administer this chapter; §1956.0134(e), which authorizes the Public Safety Commission to adopt rules establishing the method by which a metal recycling entity is required to document in a record the type of seller from which the entity purchased or acquired copper or brass material; §1956.0134(f), which authorizes the Public Safety Commission to establish the type of documentation that a person selling insulated communications wire must provide to a metal recycling entity to establish that the wire was salvaged from a fire; and Senate Bill 1646, 89th Leg., R.S. (2025).

Texas Government Code, §411.004(3) and Texas Occupations Code, §1956.013, §1956.133, §1956.134, and §1956.137 are affected by this proposal.

§36.33. Documentation on Fire-Salvaged Insulated Communications Wire.

(a) Pursuant to §1956.032(a)(5) and (h) of the Act, a person attempting to sell insulated communications wire that has been burned wholly or partly to remove the insulation must display to the purchasing metal recycling entity documentation of the seller's ownership of the property at which the fire occurred or an affidavit from the owner reflecting the owner's consent for the material to be removed and sold.

(b) Pursuant to §1956.134(b)(3) and (f) of the Act, a seller listed in §1956.133 of the Act, attempting to sell copper or brass material containing insulated communications wire that has been burned wholly or partly to remove the insulation, must display to the purchasing metal recycling entity that the wire is salvaged from a fire by either:

(1) documentation of the seller's ownership of the property at which the fire occurred; or

(2) an affidavit from the owner reflecting the owner's consent for the material to be removed and sold.

§36.39. Documentation of Seller Type for Certain Copper or Brass Material.

(a) A metal recycling entity shall keep an accurate electronic record or an accurate and legible written record of each purchase of copper or brass material made in the course of the entity's business. The record must clearly identify the type of seller listed in §1956.133 of the Act, from which a metal recycling entity purchased or acquired copper or brass material as defined in §1956.133 of the Act.

(b) The record indicating the type of seller must be in a retrievable format and available for inspection as part of the records requirements pursuant to §1956.134 of the Act.

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 13, 2025.

TRD-202503683

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 23, 2025

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

SUBCHAPTER D. MILITARY EXEMPTIONS

37 TAC §36.43, §36.45

The Texas Department of Public Safety (the department) proposes an amendment to §36.43 and proposes new §36.45, concerning Military Exemptions. The proposed amendment and new rule implement House Bill 5629, 89th Leg., R.S. (2025) by clarifying the alternative certificate or licensing process and by establishing a new rule for recognizing another state's license similar in scope of practice to the certificate of registration in this state for the Metals Recycling Entities Program.

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 create a new regulation. The proposed rulemaking does not expand, limit, or repeal 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.

Texas Government Code, §411.004(3) and Texas Occupation Code, §55.004, §55.0041, and §1956.013 are affected by this proposal.

§36.43. Alternative Registration Procedures for Military Service Members, Military Veterans, and Military Spouses.

(a) An applicant who is a military service member, military veteran, or military spouse may apply for a certificate of registration under this section if the applicant:

(1) Establishes to the satisfaction of the department that the applicant holds a current certificate of registration or the equivalent issued by another state that is similar in scope of practice to the certificate of registration in this state and is in good standing with that state's licensing authority [~~jurisdiction with requirements substantially equivalent to the Act's requirements for the certificate of registration~~]; or

(2) Within the five (5) years preceding the application date held the certificate of registration in this state.

(b) The department may accept alternative demonstrations of professional competence in lieu of existing experience, training, or educational requirements.

§36.45. Recognition of Out-of-State License for Military Service Members and Military Spouses.

Pursuant to Occupations Code, §55.0041, the department's determination of whether another state's license held by a military service member or military spouse is similar in the scope of practice to that of the Texas certificate of registration will be made upon receipt of the application for recognition of the out-of-state license by comparing the other state's license requirements, including its statutes, rules, and application review process, with the department's requirements to determine if the requirements are similar in scope of practice.

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 13, 2025.

TRD-202503684

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 23, 2025

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

SUBCHAPTER E. DISCIPLINARY PROCEDURES AND ADMINISTRATIVE PROCEDURES

37 TAC §36.60

The Texas Department of Public Safety (the department) proposes amendments to §36.60, concerning Administrative Penalties. The proposed amendments modify the penalty schedule and add penalties for violation of proposed changes to §36.33, concerning Documentation of Fire-Salvaged Insulated Communications Wire and §36.39, concerning Documentation of Seller Type for Certain Copper or Brass Material. These changes are necessary to implement Senate Bill 1646, 89th Leg., R.S. (2025).

Megan Sanchez, Assistant Chief, Finance 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.

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.

Texas Government Code, §411.004(3) and Texas Occupations Code, §1956.013, §1956.133, §1956.134, and §1956.137 are affected by this proposal.

§36.60. Administrative Penalties.

(a) The figure in this section reflects the department's penalty schedule applicable to administrative penalties imposed under this section. For any violation not expressly addressed in the penalty schedule, the department may impose a penalty not to exceed $500 for the first (1st) violation. For the second (2nd) violation within the preceding one (1) year period, the penalty may not exceed $1,000.

Figure: 37 TAC §36.60(a) (.pdf)

[~~Figure: 37 TAC §36.60(a)~~]

(b) Upon receipt of a notice of administrative penalty under this section, a person may request a hearing before the department pursuant to §36.56 of this title (relating to Informal Hearing; Settlement Conference).

(c) The failure to pay an administrative penalty that has become final, whether by the passage of the deadline to appeal or by final court disposition, whichever is later, shall result in suspension of the license with no further notice or right to appeal. The suspension takes effect when the appeal deadline has passed and remains in effect until the penalty is paid in full.

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 13, 2025.

TRD-202503685

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 23, 2025

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

CHAPTER 39. AUTOMATED MOTOR VEHICLES

37 TAC §§39.1 - 39.3

The Texas Department of Public Safety (the department) proposes new §§39.1 - 39.3, concerning Automated Motor Vehicles. The proposed new Chapter 39 is necessary to implement Senate Bill 2807, 89th Leg., R.S. (2025), regarding an authorization for a person to operate one or more automated motor vehicles to transport property or passengers in furtherance of a commercial enterprise on highways and streets in this state without a human driver.

Proposed new §39.1 provides the purpose and scope of proposed new Chapter 39. Proposed new §39.2 provides definitions and a cross reference to the definitions contained in Transportation Code, Chapter 545, Subchapter J. Proposed new §39.3 prescribes the form and manner by which a person must submit a first responder interaction plan to the department.

Ms. Sanchez has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with these sections as proposed. There is no anticipated economic cost to individuals who are required to comply with the rules as proposed. There is no anticipated negative impact on local employment.

Ms. Sanchez 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 these rules is safety of the traveling public and consistent requirements for the automated motor vehicle industry operating in Texas.

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 create a new regulation. The proposed rulemaking does not expand, limit, or repeal 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 Captain Oscar Luna, Texas Highway Patrol Division, Texas Department of Public Safety, 5805 North Lamar Blvd., Austin, Texas 78752 or by email at Oscar.Luna@dps.texas.gov. 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, §545.455(c)(2), which authorizes the department to adopt rules for a plan specifying how a person who provides firefighting, law enforcement, ambulance, medical, or other emergency services should interact with the automate motor vehicle during the provision of those services; and Senate Bill 2807, 89th Leg., R.S. (2025).

Texas Government Code, §411.004(3) and Texas Transportation Code, §545.455 are affected by this proposal.

§39.1. Purpose and Scope.

This chapter prescribes the form and manner by which a person must submit a first responder interaction plan to the department specifying how a first responder should interact with the automated motor vehicle during the provision of services under Transportation Code, §545.455.

§39.2. Definitions.

(a) The definitions contained in Transportation Code, Chapter 545, Subchapter J govern this chapter. In the event of a conflict, the definitions referenced in Transportation Code, Chapter 545, Subchapter J control.

(b) First responder--A person who provides firefighting, law enforcement, ambulance, medical, or other emergency services.

(c) First responder interaction plan--A document of procedures that are developed by an authorization holder, manufacturer of an automated motor vehicle, or manufacturer of an automated driving system to be used by first responders when interacting with an automated motor vehicle.

§39.3. Submission Requirements.

(a) Prior to seeking authorization from the Texas Department of Motor Vehicles to operate one or more automated motor vehicles under Transportation Code, §545.456, a person must provide a first responder interaction plan to the department.

(b) A first responder interaction plan for one or more automated motor vehicles under Transportation Code, §545.455 must be:

(1) Submitted electronically in the department's designated system; and

(2) Prepared by or on behalf of the authorization holder, the manufacturer of the automated motor vehicle, or the manufacturer of the automated driving system.

(1) How to communicate with a fleet support specialist who is available during the period in which the automated motor vehicle is in operation. The means of communication must include a telephone number that is prominently displayed on the vehicle in distinguishing markings that are sufficient to ensure clear identification by first responders. A Quick Response (QR) code must be affixed and displayed next to the telephone number which when scanned provides the first responder with direct electronic access to the first responder interaction plan;

(2) How to safely remove the automated motor vehicle from the roadway and safely tow the vehicle;

(3) How to recognize whether the automated motor vehicle is being operated with the automated driving system engaged;

(4) Any additional information the authorization holder, the manufacturer of the automated motor vehicle, or the manufacturer of the automated driving system considers necessary regarding hazardous conditions or public safety risks associated with the operation of the vehicle; and

(5) Contact information for the person that prepared, or on whose behalf the plan was prepared, the first responder interaction plan. The contact information must include the name, title, and contact details of the designee authorized and responsible for any enforcement action arising during the operation of the automated motor vehicle.

(d) Following the initial submission of a first responder interaction plan, a person, the manufacturer of the automated motor vehicle, or the manufacturer of the automated driving system must provide the department with an updated first responder interaction plan whenever a material change occurs or upon request of the department to ensure the information remains accurate and current. The person must electronically submit the updated plan consistent with subsection (b) of this section.

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 13, 2025.

TRD-202503686

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 23, 2025

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