ADMINISTRATIVE RULES

Chapter: 23. Vehicle Inspection

Subchapter:   G. Vehicle Inspection Advisory Committee

§§23.71 – 23.73

Summary: The amendments clarify and update the rules relating to the Vehicle Inspection Advisory Committee, including that department staff will make a record of attendance for each meeting and that the alternating acting presiding officer will prepare the agenda for the meeting over which the officer will be presiding.

Chapter: 23. Vehicle Inspection

Subchapter:   F. Violations and Administrative Penalties

§23.62 and §23.63

Summary: The amendments implement House Bill 3297, 88th Leg., R.S. (2023), which eliminates the safety inspection program for personal (non-commercial) vehicles, effective January 1, 2025. The amendments update, clarify, or simplify existing rules or provide conformity with other amendments, including updating the violations and penalty schedule, adding certain violations, and clarifying the role of settlement conferences.

Chapter: 23. Vehicle Inspection

Subchapter:   E.  Vehicle Emissions Inspection and Maintenance Program

§§23.51 - 23.53

Summary: The amendments implement House Bill 3297, 88th Leg., R.S. (2023), which eliminates the safety inspection program for personal (non-commercial) vehicles, effective January 1, 2025. The amendments update, clarify, or simplify existing rules and provide conformity with other amendments, including removing references related to personal vehicle safety inspections, specifying applicability to commercial vehicles, and adding a web link for the State Implementation Plan.

Chapter: 23. Vehicle Inspection

Subchapter:   D. Vehicle Inspection Items, Procedures, and Requirements

§23.42

Summary: The amendments implement House Bill 3297, 88th Leg., R.S. (2023), which eliminates the safety inspection program for personal (non-commercial) vehicles, effective January 1, 2025. The amendments update, clarify, or simplify existing rules and provide conformity with other amendments, including moving and adding language from current §23.41 (to be repealed) relating to the inspection of vehicles equipped with compressed natural gas fuel systems and adding a web link for the DPS Training and Operations Manual.

Chapter: 23. Vehicle Inspection

Subchapter:   D. Vehicle Inspection Items, Procedures, and Requirements

§23.41

Summary: The rule is being repealed in response to House Bill 3297, 88th Leg., R.S. (2023), which eliminates the safety inspection program for personal (non-commercial) vehicles, effective January 1, 2025. 

Chapter: 23. Vehicle Inspection

Subchapter:   C. Vehicle Inspection Station Operation

§23.26

Summary: This repeal is necessary because vehicle inspection reports and out of state identification certificates are now submitted electronically by the licensees, therefore retention of physical records is no longer required.

Chapter: 23. Vehicle Inspection

Subchapter:   C. Vehicle Inspection Station Operation

§23.21 and §23.22

Summary: The amendments implement House Bill 3297, 88th Leg., R.S. (2023), which eliminates the safety inspection program for personal (non-commercial) vehicles, effective January 1, 2025.  The amendments update, clarify, or simplify existing rules and provide conformity with other amendments, including adding that vehicle inspection stations must use the electronic station interface device to issue vehicle inspection reports and adding that a fine may be assessed if a vehicle inspector shares a unique identifier protocol with another. 

Chapter: 23. Vehicle Inspection

Subchapter:   B. General Vehicle Inspection Station Requirements

§§23.11 - 23.13

Summary: The amendments implement House Bill 3297, 88th Leg., R.S. (2023), which eliminates the safety inspection program for personal (non-commercial) vehicles, effective January 1, 2025.  The amendments update, clarify, or simplify existing rules and provide conformity with other amendments, including adding a web link for the DPS Training and Operations Manual, removing references to non-commercial vehicles inspections, and specifying applicability to commercial vehicles. 

Chapter: 23. Vehicle Inspection

Subchapter:  A. Vehicle Inspection Station And Vehicle Inspector Certification

§§23.1, 23.3, 23.5, and 23.6

Summary: The amendments implement House Bill 3297, 88th Leg., R.S. (2023), which eliminates the safety inspection program for personal (non-commercial) vehicles, effective January 1, 2025. The amendments update, clarify, or simplify existing rules and provide conformity with other amendments, including elimination of driving while intoxicated as a disqualifying offense for licensure and changing the license renewal dates from August 31 to December 31 to align with discontinuation of the safety inspection program on January 1.

Chapter 15. Driver License Rules

Subchapter D. Driver Improvement

§15.89

Summary: This proposed amendment modifies the list of traffic offenses that constitute a moving violation and identifies what a moving violation does and does not include. 

Chapter 4. Commercial Vehicle Regulations and Enforcement Procedures

Subchapter B. Regulations Governing Transportation Safety

§4.12

Summary: The proposed amendments remove concrete pumps from the list of exempted vehicles consistent with §644.052 of the Transportation Code.

Chapter 35. Private Security

Subchapter A. General Provisions

§§35.5, 35.9, and 35.13

Summary: The changes to §35.5, concerning Standards of Conduct, clarify that a company license holder may not use the department’s name or insignia in advertisements. The changes to §35.9, concerning Advertisements, exempt publishing the licensee’s address in its advertisements when that address is a residence and clarify that business cards constitute advertisements. The changes to §35.13, concerning Drug-Free Workplace Policy, clarify that a sole proprietor must have a drug-free workplace policy.

Chapter 17. Administrative License Revocation

Subchapter A. Administrative License Revocation

§§17.1 – 17.4, 17.6, 17.8, 17.11, 17.13, 17.14, and 17.16

Summary: The amendments to §§17.1, 17.2, 17.8, 17.11, 17.13, and 17.16 refine administrative driver license revocation procedures and are necessitated by implementation of the electronic filing and service requirements for the State Office of Administrative Hearings related to the appeal of a driver license suspension. The rule title for §17.16 is also renamed “Service on the Department.”

The amendments to §§17.3, 17.4, 17.6, and 17.14 make conforming changes necessary to implement House Bill 4528, 88^th Leg., R.S. (2023), which removed the requirement that a peace officer take physical control of a person’s driver’s license for failing or refusing an intoxication test because the suspension may now be done electronically.

Additional changes made to §§17.2, 17.3, 17.4, and 17.13 implement House Bill 1163, 88^th Leg., R.S. (2023), which created a new criminal offense for Boating While Intoxicated with a Child Passenger, by simplifying the language so that any new criminal intoxication offenses created related to a driver license suspension are included.

Chapter 15. Driver License Rules

Subchapter G. Denial of Renewal of Driver License for Failure to Appear for Traffic Violation

§15.118. Clearance Report

Summary: This amendment modifies the reasonable time to submit a clearance report from five days to two days to accurately reflect the current terms and conditions established in the Memorandum of Understanding (MOU) between the department and courts for the Failure to Appear/Failure to Pay Program.

Chapter 15. Driver License Rules

Subchapter D. Driver Improvement

§15.88. Demand for Surrender

Summary: The amendment makes conforming changes necessary to implement House Bill 4528, 88^th Leg., R.S. (2023), which removed the requirement that a peace officer take physical control of a person’s driver’s license for failing or refusing an intoxication test because the suspension may now be done electronically. The rule title has also been renamed "Demand for Surrender."

Chapter 15. Driver License Rules

Subchapter B. Application Requirements--Original, Renewal, Duplicate, Identification Certificates

§15.42. Social Security Number

Summary: This amendment complies with changes to the Code of Federal Regulations recently passed by the federal government. This amendment reduces the regulatory burden upon driver license and identification certificate applicants by eliminating the need to provide a document to verify Social Security Number, which is verified with the federal government electronically.

Chapter 15. Driver License Rules

Subchapter B. Application Requirements--Original, Renewal, Duplicate, Identification Certificates

§§15.29, 15.34, and 15.38

Summary: The proposed amendments implement Senate Bill 1518, 88^th Leg., R.S. (2023) and Senate Bill 1527, 88^th Leg., R.S. (2023).

The amendments to §15.29 add that any driver license or identification certificate holder who is subject to the requirements of Code of Criminal Procedure, Chapter 65, Terrorist Offender Registration Program, is not eligible to renew or apply for a duplicate driver license or identification certificate by alternative methods. 

The amendments to §15.34 add that any driver license or identification certificate holder who is subject to the requirements of Penal Code, Chapter 20A, Trafficking of Persons, or Code of Criminal Procedure, Chapter 65, Terrorist Offender Registration Program, is only eligible to renew 60 days before expiration.

The amendment to §15.38 adds that any driver license or identification certificate holder who is subject to the requirements of Penal Code, Chapter 20A, Trafficking of Persons, or Code of Criminal Procedure, Chapter 65, Terrorist Offender Registration Program, is not eligible to receive a fee exemption as a veteran.

Chapter 6. License To Carry Handguns

Subchapter F. First Responder Instructor Certification

§6.96. First Responder Certification Courses

Summary: This proposal makes minor changes in terminology to maintain consistency with proposed amendments to §§6.12, 6.14, and 6.18.

Chapter 6. License To Carry Handguns

Subchapter B. Eligibility and Application Procedures for a License to Carry a Handgun

§§6.12, 6.14, and 6.18

Summary: The amendments to §6.12, concerning Fingerprints, remove the peace officer exemption for required electronic fingerprints to comply with current Federal Bureau of Investigation requirements. The amendments to §6.14, concerning Proficiency Requirements, and §6.18, concerning First Responder Certification; Renewal of Certification, make conforming language changes for consistency and remove references to form numbers to allow the department flexibility in consolidating and renumbering forms.

Chapter 23. Vehicle Inspection

Subchapter F. Violations And Administrative Penalties

§23.62. Violations And Penalty Schedule

Summary: The proposed rule amendment adds a violation to the administrative penalty schedule to conform with the proposed changes to §23.55, concerning Certified Emissions Inspection Station and Inspector Requirements.

Chapter 23. Vehicle Inspection

Subchapter E. Vehicle Emissions Inspection And Maintenance Program

§23.55. Certified Emissions Inspection Station And Inspector Requirements

Summary: These proposed amendments add language which makes clear that emissions testing equipment must stay at the department-approved location and requiring that certified emissions inspection stations obtain and maintain a single static Internet Protocol (IP) address for purposes of the submission of vehicle emissions inspection results to the Texas Information Management System (TIMS) vehicle identification database. Requiring the use of a single static IP address will provide greater security and stability, decrease the potential for the interruption of service, reduce the potential for fraud, and enhance the department’s oversight of the emissions inspection program.

Chapter 4. Commercial Vehicle Regulations And Enforcement Procedures

Subchapter B. Regulations Governing Transportation Safety

§4.15. Compliance Review and Safety Audit Programs

Summary: The proposed amendment adds as an imminent hazard to the public a motor carrier’s refusal to submit to an inspection and the practice of employing unqualified drivers with fraudulent foreign commercial driver licenses. It also specifies the documentation and retention requirements for a motor carrier that employs foreign commercial driver license personnel consistent with House Bill 4337, 88th Leg., R.S. (2023).

Chapter 4. Commercial Vehicle Regulations And Enforcement Procedures

Subchapter A. Regulations Governing Hazardous Materials

§4.1. Transportation of Hazardous Materials

Summary: The proposed amendment updates adoption of the federal hazardous materials regulations as amended through December 1, 2023.

Chapter 6. License To Carry Handguns

Subchapter B. Eligibility And Application Procedures For A License To Carry A Handgun

§6.17. Designations

Summary: The proposed amendments add additional designations on a license to carry a handgun, clarify the requirements for each designation, and rename the rule accordingly as “Designations.”

Chapter 36. Metal Recycling Entities

Subchapter E.  Disciplinary Procedures and Administrative Procedures

§36.60. Administrative Penalties

Summary: The proposed amendments remove obsolete language and modify the penalty schedule to implement changes made in rule §36.11 and in Senate Bill 224, 88th Leg., R.S. (2023), amending Occupations Code, Chapter 1956, Metal Recycling Entities.

Chapter 25. Safety Responsibility Regulations

§25.8. Reinstatement

Summary: The proposed amendment implements House Bill 3224, 88th Leg., R.S. (2023), by removing the reference to reinstating a suspended motor vehicle registration because the bill removed the ability to suspend a motor vehicle registration for a second conviction of failure to establish financial responsibility, and only a driver license may be suspended under that circumstance.

Chapter 35. Private Security

Subchapter L.  Training

§35.143. Training Instructor Approval

Summary: 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.

Chapter 35. Private Security

Subchapter A. General Provisions

§35.7. Firearm Standards

Summary: The proposed amendments authorize the carrying of certain rifles by commissioned security officers and personal protection officers who are honorably retired Texas peace officers and make various clarifying changes to other firearm related provisions.

Chapter 15. Driver License Rules

Subchapter B. Application Requirements—Original, Renewal, Duplicate, Identification Certificates

§15.29. Alternative Methods for Driver License Transactions

Summary: 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, 88^th Leg., R.S. (2023).

Chapter 36. Metal Recycling Entities

Subchapter B.  Application for Certificate of Registration

§36.11. Application for Certificate of Registration

Summary: The proposed amendments are required to conform with statutory changes enacted in Senate Bill 224, 88th Leg., R.S. (2023), amending the Metals Recycling Entities Act (Occupations Code, Chapter 1956). S.B. 224 requires an applicant for a certificate of registration to provide the physical address of the fixed location at which it will conduct all or most of its regulated activity; it requires an applicant to submit a declaration describing the extent to which the applicant intends to engage in transactions involving catalytic converters removed from motor vehicles during the applicant's business activity; and it requires the updating of the declaration to reflect relevant changes to the licensee’s activities.  The proposed amendment also removes an unnecessary application requirement.

Chapter 36. Metal Recycling Entities

Subchapter A.  General Provisions

§36.5. Sellers of Catalytic Converters in the Ordinary Course of Business

Summary: The proposed repeal removes the department’s clarification of the statutory exemption for businesses engaged in the sale of used catalytic converters in the ordinary course of business because the exempted entities are now expressly listed in statute pursuant to Senate Bill 224, 88th Leg., R.S. (2023), amending the Metals Recycling Entities Act (Occupations Code, Chapter 1956). 

Chapter 36. Metal Recycling Entities

Subchapter A.  General Provisions

§36.1. Definitions

Summary: The proposed amendment removes the definition of “fixed location” relating to the regulation of metal recycling entities because the definition conflicts with the statutory definition adopted in Senate Bill 224, 88th Leg., R.S. (2023), amending the Metals Recycling Entities Act (Occupations Code, Chapter 1956).

Chapter 35. Private Security

Subchapter J.  Special Company License Qualifications

§35.124. Alarm Company and Alarm Training School Licenses

Summary: The new rule specifies the experience required for alarm company and alarm training school license applicants.

Chapter 35. Private Security

Subchapter G.  Personal Protection Officers

§35.91. Requirements for Personal Protection License

Summary: The proposed amendment ensures consistency with the change proposed to §35.81, concerning Application for a Security Officer Commission, which implements House Bill 3424, 88th Leg., R.S. (2023).

Chapter 35. Private Security

Subchapter F. Commissioned Security Officers

§35.81. Application for a Security Officer Commission

Summary: The proposed amendment implements House Bill 3424, 88th Leg., R.S. (2023), which requires applicants for a commissioned security officer license to undergo a psychological test to be eligible for the license.

09/08/2023

11/10/2023

Chapter 23. Vehicle Inspection

Subchapter F. Violations And Administrative Penalties

§23.62. Violations and Penalty Schedule

Summary: The proposed rule amendments make various changes to the requirements relating to emissions inspections and the related conduct of inspectors and station owners and clarifies the department's authority to immediately suspend or revoke the certificate of an inspector or inspection station if the action is found to be necessary to prevent or remedy a threat to public health, safety, or welfare.

Chapter 15.  Driver License Rules

Subchapter C. Examination Requirements

§15.55. Waiver of Knowledge and/or Skills Tests

Summary: The proposed rule amendment waives the knowledge and skills exams for an applicant that presents a non-commercial driver license that is valid or not expired over two years from another U.S. state, U.S. territory or province of Canada and reorganizes the rule for better readability.