ADMINISTRATIVE RULES

June 20, 2023

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.

Notification: To be notified when rules are adopted in the Texas Register, visit the Secretary of State site to register for email notification at: http://sos.state.tx.us/texreg/subinfo.shtml

RULEMAKING ACTIONS

2024

Date Subject and Summary Proposal Published Adoption Published
02/15/2024

6. License To Carry Handguns

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

§6.17

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.”

   

2023

 

Date

Subject and Summary

Proposal Published

Adoption Published

12/07/2023

36. Metal Recycling Entities

E.  Disciplinary Procedures and Administrative Procedures

§36.60

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.

12/22/2023  
12/07/2023

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.

12/22/2023  
10/26/2023

35. Private Security

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.

11/10/2023  
10/26/2023

35. Private Security

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.

11/10/2023  
10/26/2023

15. Driver License Rules

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, 88th Leg., R.S. (2023).

11/10/2023  
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 11/10/2023
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 11/10/2023
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 11/10/2023
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 11/10/2023
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 11/10/2023
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 11/10/2023
08/25/2023

Chapter 23. Vehicle Inspection

Subchapter C. Vehicle Inspection Station Operations 

§23.25. Vehicle Inspection Fees

Summary:  The proposed amendment implements Senate Bill 2102, 88th Leg., R.S. (2023), by adopting the initial three-year fee for inspection of rental passenger cars or light trucks meeting the requirements of §548.1025, Transportation Code.

09/08/2023

11/10/2023

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:  01/12/2024