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

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.

09/08/2023

 

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

 

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