The Texas Administrative Code (TAC) is a compilation of all state agency rules in Texas. The Texas Department of Public Safety (DPS) rules are located under Texas Administrative Code, Title 37, Part 1.
Submission of Comments: Rules are published in the Texas Register to give the public notice of a state agency's proposed rulemaking action and to allow interested individuals an opportunity to review and make comments on the proposed rule. The public comment period begins on the date the notice is published in the Texas Register and lasts for 30 days. Written comments on proposed rules must be received no later than 5 p.m. on the 30th day. You may submit a comment by sending them in writing to the agency representative indicated in the preamble of each proposal.
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RULEMAKING ACTIONS
2023
|
Date |
Subject and Summary |
Proposal Published |
Adoption Published |
|
|---|---|---|---|---|
| 08/25/2023 |
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 reflect violations of the proposed amendments to rules §36.11 and §36.36, and Senate Bill 224, 88th Leg., R.S. (2023), amending the Metals Recycling Entities Act (Occupations Code, Chapter 1956). |
09/08/2023 | ||
| 08/25/2023 |
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. |
09/08/2023 | ||
| 08/25/2023 |
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). |
09/08/2023 | ||
| 08/25/2023 |
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). |
09/08/2023 | ||
| 08/25/2023 |
Chapter 35. Private Security Subchapter L. Training §35.143. Training Instructor Approval Summary: The proposed amendments provide an additional method to qualify as a firearm training instructor and removes the minimum number of training hours required, which is outdated and inconsistent with the certifications otherwise required. |
09/08/2023 | ||
| 08/25/2023 |
Chapter 35. Private Security Subchapter J. Special Company License Qualifications §35.124. Summary: The new rule specifies the experience required for alarm company and alarm training school license applicants. |
09/08/2023 | ||
| 08/25/2023 |
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). |
09/08/2023 | ||
| 08/25/2023 |
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 | ||
| 08/25/2023 |
Chapter 35. Private Security Subchapter D. Disciplinary Actions §35.52. Administrative Penalties Summary: The proposed amendment updates the administrative penalty schedule in §35.52(a) by adding penalties for a violation of proposed changes to §35.5, titled Standards of Conduct, concerning the company license holder’s responsibilities relating to the conduct of its employees. |
09/08/2023 | ||
| 08/25/2023 |
Chapter 35. Private Security Subchapter A. General Provisions §§35.5. Standards of Conduct, 35.9. Advertisements, and 35.13. Drug-Free Workplace Policy Summary: The changes to §35.5, concerning Standards of Conduct, clarify that the company license holder may not use the department’s name in advertisements and specify its responsibilities relating to the conduct of its employees. 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. |
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| 08/25/2023 |
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| 06/12/2023 |
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. |
06/23/2023 | 09/08/2023 | |
| 06/12/2023 |
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. |
06/23/2023 | 09/08/2023 |
Last updated: 09/12/2023