ADMINISTRATIVE RULES

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).

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.

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.”

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.

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.

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.

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.

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.