PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 3. TEXAS HIGHWAY PATROL
SUBCHAPTER B. ENFORCEMENT ACTION
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, James Earl Rudder Building, 1019 Brazos Street, Austin, Texas.)
The Texas Department of Public Safety (the department) proposes the repeal of §3.28, concerning Citation Disposition Receipt Program. Pursuant to Government Code, §2001.039, the department reviewed this chapter and determined the reason for initially adopting this rule no longer exists, therefore the repeal of §3.28 is necessary.
Denise Hudson, Assistant Director, Finance, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government or local economies.
Ms. Hudson has also determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the repeal as proposed. There is no anticipated economic cost to individuals who are required to comply with the repeal as proposed. There is no anticipated negative impact on local employment.
In addition, Ms. Hudson has also determined that for each year of the first five-year period the repeal is in effect, the public benefit anticipated as a result of enforcing the repeal will be current and updated rules.
The department has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.
Comments on this proposal may be submitted to Major Ron Joy, Texas Highway Patrol Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0500, (512) 424-2115. Comments must be received no later than thirty (30) days from the date of publication of this proposal.
This repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work, and §2001.039, which requires state agencies to review their rules and readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule under this section.
Texas Government Code, §411.004(3) and §2001.039, are affected by this proposal.
§3.28.Citation Disposition Receipt Program.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 19, 2013.
TRD-201301587
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: June 2, 2013
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) proposes amendments to §3.57, concerning Traffic Warrant Service. Pursuant to Government Code, §2001.039, the department reviewed this chapter and determined an update to this rule was necessary to reflect the current procedures and requirements as determined by Texas Code of Criminal Procedure, Article 15.17 and the courts in reference to the disposition of a served traffic warrant.
Denise Hudson, Assistant Director, Finance, has determined that for each year of the first five-year period the rule is in effect there will be no fiscal implications for state or local government or local economies.
Ms. Hudson has also determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the rule as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.
In addition, Ms. Hudson has also determined that for each year of the first five-year period the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be to ensure to the public greater compliance by drivers and passengers with all of the statutes and regulations pertaining to the safe operation of vehicles in this state.
The department has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.
Comments on this proposal may be submitted to Major Ron Joy, Texas Highway Patrol Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0500, (512) 424-2115. Comments must be received no later than thirty (30) days from the date of publication of this proposal.
These amendments are made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work, and §2001.039, which requires state agencies to review their rules and readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule under this section.
Texas Government Code, §411.004(3) and §2001.039, are affected by this proposal.
§3.57.Traffic Warrant Service.
[(a)] [Warrant actually served.]
When a traffic warrant is actually served and the defendant is
taken into custody,
the arresting officer will handle the defendant
as prescribed by the Texas Code of Criminal Procedure,
Article 15.17.
[(b) Alternate method for disposing
of traffic warrant without arrest of defendant. When the magistrate
issuing the warrant has indicated a willingness to accept a stated
amount of fine upon a plea of guilty or nolo contendere, this information
will be given to the defendant and the following explanations will
be made to him.]
[(1) The defendant has a right to make bond and appear in court in person, and the alternate method of disposing of this case is extended to the defendant as a courtesy and the terms thereof are not subject to modification or negotiation by the officer who has the warrant.]
[(2) The defendant's cashier's check or money order for the amount stated, payable to the judge who issued the warrant, will be attached to the unserved warrant and returned through department channels to the court with the notation that the alternate method of disposing of his case was chosen and the warrant was not served.]
[(3) Cash money may be accepted by commissioned officers in payment of a traffic warrant only when a cashier's check or money order is not readily available. Officers accepting cash under these circumstances will execute the proper receipt form and cause the money and a copy of the receipt to be mailed by the defendant in a U.S. postal receptacle to the appropriate court.]
[(4) When the unserved warrant and defendant's cashier's check, money order, or cash are received by the court, this will be considered as a plea of nolo contendere to the charge against him.]
[(5) The decision to handle the case in the alternate method or appear in court is entirely up to the defendant.]
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 19, 2013.
TRD-201301586
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: June 2, 2013
For further information, please call: (512) 424-5848
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, James Earl Rudder Building, 1019 Brazos Street, Austin, Texas.)
The Texas Department of Public Safety (the department) proposes the repeal of §3.61, concerning Safety Responsibility Activities. Pursuant to Government Code, §2001.039, the department reviewed this chapter and determined the reason for initially adopting this rule no longer exists, therefore the repeal of §3.61 is necessary.
Denise Hudson, Assistant Director, Finance, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government or local economies.
Ms. Hudson has also determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the repeal as proposed. There is no anticipated economic cost to individuals who are required to comply with the repeal as proposed. There is no anticipated negative impact on local employment.
In addition, Ms. Hudson has also determined that for each year of the first five-year period the repeal is in effect, the public benefit anticipated as a result of enforcing the repeal will be current and updated rules.
The department has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.
Comments on this proposal may be submitted to Major Ron Joy, Texas Highway Patrol Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0500, (512) 424-2115. Comments must be received no later than thirty (30) days from the date of publication of this proposal.
This repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work, and §2001.039, which requires state agencies to review their rules and readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule under this section.
Texas Government Code, §411.004(3) and §2001.039, are affected by this proposal.
§3.61.Safety Responsibility Activities.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 19, 2013.
TRD-201301588
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: June 2, 2013
For further information, please call: (512) 424-5848
SUBCHAPTER A. BREATH ALCOHOL TESTING REGULATIONS
37 TAC §§19.1, 19.2, 19.4 - 19.6
The Texas Department of Public Safety (the department) proposes amendments to §§19.1, 19.2, and 19.4 - 19.6, concerning Breath Alcohol Testing Regulations. Pursuant to Government Code, §2001.039, the department reviewed Chapter 19, Breath Alcohol Resting Regulations, and determined an update to these rules was necessary to allow the Department greater flexibility to efficiently carry out the provisions of Chapter 19. Furthermore, the amendments will clarify the intent of these rules.
Denise Hudson, Assistant Director, Finance, has determined that for each year of the first five-year period the rules are in effect there will be no fiscal implications for state or local government or local economies.
Ms. Hudson has also determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the rules as proposed. There is no anticipated economic cost to individuals who are required to comply with the rules as proposed. There is no anticipated negative impact on local employment.
In addition, Ms. Hudson has also determined that for each year of the first five-year period the rules are in effect, the public benefit anticipated as a result of enforcing these rules will be increased efficiency and clarification of the rules thereby minimizing misinterpretation.
The department has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.
Comments on this proposal may be submitted to Randall Beaty, Crime Laboratory Service, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773. Comments must be received no later than thirty (30) days from the date of publication of this proposal.
These amendments are made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; §2001.039, which requires state agencies to review their rules and readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule under this section; Texas Transportation Code, §724.016, which authorizes the department to establish rules approving satisfactory analytical methods; and §724.003, which authorizes the department to adopt rules to administer Chapter 724 of the Texas Transportation Code.
Texas Government Code, §411.004(3) and §2001.039, and Texas Transportation Code, Chapter 724, are affected by this proposal.
§19.1.Definitions.
The following words and phrases, when used in this chapter, shall have the following meanings, unless the context shall clearly indicate otherwise.
(1) - (16) (No change.)
(17) Reference sample device [Sample
Device]--An apparatus or device designed to provide a reference
sample or analytical test standard.
(18) - (19) (No change.)
(20) Scientific director [Director]--The
individual or his designee responsible for the implementation,
administration and enforcement of the Texas breath alcohol testing
regulations.
(21) - (24) (No change.)
(25) Technical supervisor [Supervisor]
and technical supervision--An individual meeting the minimum requirements
set forth in §19.6 of this title (relating to Technical Supervisor
Certification) and the responsibilities of such.
§19.2.Instrument Certification.
(a) The Office of the Scientific Director, Alcohol Testing Program, Texas Department of Public Safety (hereinafter referred to as the scientific director) shall approve and certify all breath test instruments to be used for evidential purposes.
(1) (No change.)
(2) A manufacturer or designated representative desiring
approval of an instrument not on the approved list may submit an instrument
to the scientific director [a production model of the instrument].
Examination and evaluation of the instrument to determine if it meets
the criteria for approval or certification as an evidential instrument
will be done at the discretion of the scientific director.
Costs [All shipping costs
] associated with such a submission will be
done at the expense of the submitting entity.
(b) In order to be approved each instrument must meet the following criteria:
(1) Breath specimens [collected] for analysis
shall be essentially alveolar or deep lung air in composition.
(2) - (4) (No change.)
(c) Upon proof of compliance with subsection (b) of this section the instrument will be placed on the list of approved instruments.
(1) Inclusion on the scientific director's list of approved instruments will verify that the instrument by manufacturer brand or model designation meets the criteria of subsection (b) of this section.
(2) (No change.)
(d) - (e) (No change.)
§19.4.Approval of Techniques, Methods and Programs.
(a) - (b) (No change.)
(c) All breath alcohol testing techniques, in order to be approved, shall meet, but not be limited to, the following:
(1) - (7) (No change.)
(8) designation that the instrumentation will be used only:
(A) for testing subjects that are suspected of violating any statute or codified rule that defines intoxication in terms of alcohol concentration; and
(B) (No change.)
(d) - (h) (No change.)
§19.5.Operator Certification.
(a) Certification.
(1) Prior to certification an applicant must establish
proof of participation in a breath test program meeting the requirements
set forth in §19.4 of this title (relating to Approval of Techniques,
Methods[,] and Programs).
(2) Conviction history:
(A) - (B) (No change.)
(C) persons receiving a driver license suspension for
refusal to submit to a chemical test as per the provisions of Texas
Transportation Code, Chapter 724 or Chapter 522[, Texas
Transportation Code] within the last five [ten]
years shall not be eligible to be a certified operator.
(3) - (6) (No change.)
(b) - (d) (No change.)
(e) Recertification.
[(1)] Certification that has been inactivated
or suspended must be regained before evidential analyses may be administered.
It will be the responsibility of the inactivated or suspended operator
to notify the scientific director [in writing] of such
intent. Recertification shall take place pursuant to the following:
(1) [(A)] recertification after
inactivation for the failure to complete the renewal process prior
to the expiration of current certification will be pursuant to subsection
(a)(4) of this section;
(2) [(B)] recertification after
inactivation or suspension will be pursuant to subsection (a)(4) of
this section;
[(C) recertification after
an inactivation or suspension period of greater than five years the
operator must attend and satisfactorily complete the initial course
of instruction for certification of a breath test operator pursuant
to subsection (a) of this section.]
(3) [(D)] recertification after
a change in instrumentation or testing methodologies will be at the
discretion of the scientific director, pursuant to subsection (a)(6)
of this section.
(f) - (g) (No change.)
§19.6.Technical Supervisor Certification.
(a) The primary function of the technical supervisor is to provide the technical, administrative and supervisory expertise in safeguarding the scientific integrity of the breath alcohol testing program and to assure the breath alcohol testing program's acceptability for evidential purposes. The technical supervisor, in matters pertaining to breath alcohol testing, is the field agent of the scientific director. Supervision by the technical supervisor in accordance with the provisions stated in these regulations shall include, but not be limited to:
(1) (No change.)
(2) supervision of certified instrumentation, reference
sample devices and affiliated equipment [in an assigned area];
(3) supervision of data gathered for initial certification
and/or approval of individual instruments and reference sample devices
[in an assigned area];
(4) - (6) (No change.)
(7) all technical, administrative and regulatory aspects
of breath alcohol testing [within a designated area]; and
(8) expert testimony by direct testimony or by written
affidavit concerning all aspects of breath alcohol testing [within
an assigned area].
(b) The minimum qualifications for certification as a technical supervisor are:
(1) - (5) (No change.)
(6) Conviction history:
(A) - (B) (No change.)
(C) persons receiving a driver license suspension for
refusal to submit to a chemical test as per the provisions of Texas
Transportation Code, Chapter 724 or Chapter 522[, Texas
Transportation Code,] within the last
five [ten]
years shall not be eligible to be a certified technical supervisor.
(c) - (e) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 19, 2013.
TRD-201301589
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: June 2, 2013
For further information, please call: (512) 424-5848
(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, James Earl Rudder Building, 1019 Brazos Street, Austin, Texas.)
The Texas Department of Public Safety (the department) proposes the repeal of §§32.1 - 32.3, concerning Bicycles--Use and Safety. Pursuant to Government Code, §2001.039, the department reviewed this chapter and determined the reasons for initially adopting these rules no longer exist. This chapter is obsolete and the Bicycle Safety Program at the department is defunct.
Denise Hudson, Assistant Director, Finance, has determined that for each year of the first five-year period the repeals are in effect there will be no fiscal implications for state or local government or local economies.
Ms. Hudson has also determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the repeals as proposed. There is no anticipated economic cost to individuals who are required to comply with the repeals as proposed. There is no anticipated negative impact on local employment.
In addition, Ms. Hudson has also determined that for each year of the first five-year period the repeals are in effect, the public benefit anticipated as a result of enforcing the repeals will be current and updated rules.
The department has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.
Comments on this proposal may be submitted to Beth Warren, Employee Development, Department of Public Safety, P.O. Box 4087, Austin, Texas 78773. Comments must be received no later than thirty (30) days from the date of publication of this proposal.
This repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work, and §2001.039, which requires state agencies to review their rules and readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule under this section.
Texas Government Code, §411.004(3) and §2001.039, are affected by this proposal.
§32.1.Definitions.
§32.2.Use of Electric Bicycles.
§32.3.Bicycle Safety and Education Program.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 19, 2013.
TRD-201301590
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: June 2, 2013
For further information, please call: (512) 424-5848
37 TAC §§36.1 - 36.7, 36.9 - 36.24
The Texas Department of Public Safety (the department) proposes amendments to §§36.1 - 36.7, 36.9 - 36.14, 36.17 and 36.18 and proposes new §§36.15, 36.16 and 36.19 - 36.24, concerning Metals Registration. This proposal is filed simultaneously with the repeal of current §§36.15, 36.16 and 36.19 - 36.21. Many of the proposed amendments are necessitated by amendments to Texas Occupations Code, Chapter 1956 (the Act) as a result of 82nd Legislature, 2011, Senate Bill (SB) 694. Other amendments are required to facilitate the department's move toward online and electronic application submission and data collection. These proposals are necessary to reorganize existing language, improve clarity, and to establish consistency when possible with other programs within the department's Regulatory Services Division. Each rule has also been amended to eliminate references to paper forms and to establish the requirement of online submissions.
Specifically, §36.1 is amended to strike the reference to "dealer of crafted precious metals" within the definition of applicant, in accordance with the statutory change to the registration of such entities effected through SB 694.
Section 36.9 is amended to clarify the requirements for the renewal of registrations.
Section 36.12 is amended to modify the criteria for which the department will revoke a certificate of registration, to include the submission of a dishonored or invalid payment.
Section 36.14 is amended to remove redundant language.
New §36.15 provides guidance for staff and licensees regarding the procedure for obtaining an exemption from the electronic reporting requirements of SB 694, as authorized by the bill.
Section 36.19 is repealed, as dealers of crafted precious metals are no longer regulated by the department pursuant to SB 694. The original language from former §36.20, concerning Fees, is transferred to new §36.19. Language in new §36.19 is changed to reflect that application fees are non-refundable and to clarify the procedure for online payment of fees.
New §36.20 is proposed pursuant to the requirements of SB 694, relating to the documentation required of those who would sell burned insulation wire.
New §§36.21, 36.22 and 36.23 are based on the requirements of Occupations Code, Chapter 55, relating to accommodations for applicants and spouses of applicants who are members of the military.
New §36.24 clarifies the scope of the registration as being limited to a single physical location.
Denise Hudson, Assistant Director, Finance, has determined that for each year of the first five-year period the proposal is in effect there will be no fiscal implications for state or local government or local economies.
Ms. Hudson has also determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the amendments and new sections as proposed. There is no anticipated economic cost to individuals who are required to comply with the amendments and new sections as proposed. There is no anticipated negative impact on local employment.
In addition, Ms. Hudson has also determined that for each year of the first five-year period the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal will be a reduction in metal theft and related crimes and improved efficiency in the administration of the statute through greater use of online portals, electronic data transmission and storage.
The department has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.
Comments on this proposal may be submitted to Steve Moninger, Office of Regulatory Counsel, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0246, Austin, Texas 78752-0246, (512) 424-5842. Comments must be received no later than thirty (30) days from the date of publication of this proposal.
These new and amended rules are proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the Department's work; Texas Occupations Code, §1956.013, which allows the commission to adopt rules establishing minimum requirements for registration and adopt required forms; §1956.014, which allows the commission to prescribe fees in reasonable amounts sufficient to cover the costs of administering the Act; and §1956.032(a)(5) and (h), which require that the commission adopt rules establishing the type of documentation required of those who seek to sell burned insulation wire.
Texas Government Code, §411.004(3), and Texas Occupations Code, §§1956.013, 1956.014 and 1956.032(a)(5) and (h), are affected by this proposal.
§36.1.Definitions.
(a) Act--Texas Occupations Code, Chapter 1956.
(b) Applicant--A person [Any owner,
corporate officer, and/or operator of a metal recycling entity, or
a dealer of crafted precious metal] who has applied for registration
under the Act.
(c) Business owner--A proprietor, partner, member, or individual.
(d) Commission--The Public Safety Commission.
(e) Department--The Texas Department of Public Safety.
(f) Fixed location--A building or structure for which a certificate of occupancy can be issued.
(g) On-site representative--A person responsible for the day-to-day operation of the location.
(h) Person--A corporation, organization, agency, business
trust, estate, trust, partnership, association, holder of a certificate
of registration, an individual, or [and] any
other legal entity.
(i) Program--The Metals Registration Program.
(j) Registrant--A person who holds a certificate of registration covered by this chapter.
(k) Revocation--The withdrawal of authority to act as a metal recycling entity under the Act.
(l) Statutory agent--The natural person [or entity
] to whom any legal notice may be delivered for [at
] each location.
(m) Suspension--A temporary cessation of the authority to act as a metal recycling entity under the Act.
§36.2.Address on File.
(a) All registrants or applicants [shall]
at all times shall maintain on file with the department
their current mailing and principal place of business address. The
principal place of business address must be a physical address and
may not be a post office box.
(b) All registrants or applicants [shall]
at all times shall maintain on file with the department
a current and valid electronic mail address.
(c) All registrants shall notify the department of
any change of their mailing or electronic mail address
using [by completing the Change of Address Form (MRB 7) on
] the department's online application [program's website
] prior to the effective date of the change of address.
§36.3.Notice.
(a) The department is entitled to rely on the mailing and electronic mail address currently on file for all purposes relating to notification. The failure to maintain a current mailing and electronic mail address with the department is not a defense to any action based on the registrant's or applicant's failure to respond.
(b) Service upon the registrant or applicant of notice
is complete and receipt is presumed upon the date the notice is sent,
if sent before 5:00 p.m. by facsimile or electronic mail, and the
department receives confirmation of the transmission. [, and]
If the notice is received after 5:00 p.m. or on a
weekend or holiday, it is considered received on the next business
day. Receipt is presumed three days following the date sent,
if by regular United States mail.
(c) The department shall notify the applicant of the denial of an application for a certificate of registration or renewal application for a certificate of registration and the registrant of reprimands, suspensions, or revocations of certificates of registration by certified mail, return receipt requested.
§36.4.Application for Certificate of Registration.
[(a) No metal recycling entity may
operate until they have received a certificate of registration certifying
a completed application and payment of fees. Any metal recycling entity
that had an active free registration may continue to operate until
that registration expires or for 60 days, whichever is earlier, before
obtaining a certificate of registration which requires the payment
of fees. A person who is required to register and who is not registered
may apply for registration at any time.]
(a) [(b)] A certificate of registration
[as required by subsection (a) of this section] may only
be obtained through the department's online application process. [
by submitting an Application for Certificate of Registration (MRB
1) to the department using online forms provided by the department
via the program's website at https://records.txdps.state.tx.us/DPS_WEB/MetalsNew/index.aspx
].
(b) [(c)] The application
for certificate of registration must include [
MRB 1 includes], but is not limited to, the following:
(1) Criminal history disclosure of all convictions
and deferred adjudications for [each person providing a signature
for the application,] each person listed as a business owner
engaged in the regular course of business of a metal recycling entity
on the application[, and each person designated as an on-site
representative on the application].
(2) Proof of ownership [entity form]
and current status as required by the department. Such proof includes,
but is not limited to a current Certificate of Existence or Certificate
of Authority from the Texas Office of the Secretary of State and a
Certificate of Good Standing from the Texas Comptroller of Public Accounts.
(3) All fees required pursuant to §36.19 [§36.21
] of this title (relating to Fees).
(c) [(d)] Applicants proposing to conduct [
conducting] business at more than one
location must complete an application [MRB 1]
for each location [at which the applicant proposes to conduct
business] and obtain a certificate of registration for each
location [at which the applicant proposes to conduct business].
[(e) An applicant for a certificate
of registration may not, within two years prior to the date of the
application, have previously:]
[(1) had a certificate of registration revoked;]
[(2) obtained a certificate of registration by means of fraud, misrepresentation, or concealment of material fact;]
[(3) sold, bartered, or offered to sell or barter a certificate of registration; or]
[(4) violated §1956.040(b) of the Act.]
(d) [(f)] An applicant must submit
a disclosure pursuant to [Statutory Agent Disclosure
as described in] §36.5 of this title (relating to Statutory
Agent Disclosure) along with the application [MRB 1].
(e) [(g)] The failure of an applicant
to meet any of the conditions of subsections
(a) - (d) [(a)- (f)
] of this section will result in rejection [be
grounds for denial] of the application
as incomplete [under §1956.151 of the Act].
§36.5.Statutory Agent Disclosure.
(a) Statutory agent disclosure information [
The Statutory Agent Disclosure (MRB 2) form] must be
submitted [completed
] by all applicants for each location
at which the applicant is seeking to conduct business. [The statutory
agent is the person to whom any legal notice may be delivered at each
location.] Each person [or entity] applying for a
certificate of registration must designate a natural person as the
statutory agent and provide a physical address where that natural
person may be located. This address may not be a post office box.
(b) Modification of the statutory agent disclosure
information [A new MRB 2] must be submitted
using the department's online application [filed]
whenever the statutory agent is changed and all required fees
must be paid pursuant to §36.19 of this title (relating to Fees)
[changes].
[(c) A $10 fee for filing will be
charged for filing a form MRB 2 alone, without an initial application
or application for renewal.]
§36.6.Change in Ownership.
(a) The [A registrant must notify the]
department must be notified of any change in [each
time the] ownership structure or registrant status within
five business days of the effective date of the change. Notification
must be through the department's online application. All fees required
pursuant to §36.19 of this title (relating to Fees) must be paid
at the time of notification [of a registrant changes by
completing a Change in Ownership (MRB 3) form as soon as such a change
has taken effect].
(b) The registrant must submit amended proof of ownership
[entity form] and status as required by the department.
[(c) A $10 fee for filing will be
charged for filing a form MRB 3 alone, without an initial application
or application for renewal.]
§36.7.Application Review.
(a) [Initial review.] If an incomplete application
is received, [notice will be sent to] the applicant
will be notified of the deficiency and provided 20 calendar days after
receipt of notice to submit the missing information. If an applicant
fails to furnish the missing information within 20 calendar days,
the application will be rejected as incomplete [stating
that the application is incomplete and specifying the information
required for acceptance].
[(b) Incomplete application. The applicant
has 20 calendar days after receipt of notice to provide the required
information and submit a complete application. If an applicant fails
to furnish the documentation, the application will be deemed to be
withdrawn by the applicant.]
(b) [(c)] [Complete application.
] An application is complete when [it]:
(1) it contains all of the items required
pursuant to [in] §36.4 of this title (relating
to Application for Certificate of Registration);
(2) it conforms to the Act, this chapter, and the program's instructions;
(3) all fees have been paid pursuant to §36.19 [
as provided by §36.21] of this title (relating to Fees); and
(4) all requests for additional information have been satisfied.
§36.9.Renewal of Certificate of Registration.
(a) To renew a certificate of registration, an
application for renewal and the appropriate renewal fee must be submitted
[a person must submit an Application for Renewal (MRB
4) to the department using online forms provided by the department
via the program's website and by submitting the appropriate renewal
fee as outlined in §36.21 of this title (relating to Fees)]
prior to the certificate's expiration date but not more than
45 days before the expiration date of the current certificate of registration.
[(b) A person may not apply for a
renewal of registration more than 45 days before the expiration date
of the current certificate of registration.]
[(c) If a person submits a timely MRB 4, but the department has not acted upon it before the old certificate of registration expires, the old certificate of registration continues in effect until the MRB 4 is approved or denied by the department.]
(b) [(d)] A [person continuing
to conduct business as a metal recycling entity whose] certificate
of registration that has been expired less than one
year may be renewed by submitting an application for renewal and the
appropriate renewal fee pursuant to §36.19 of this title (relating
to Fees) [for 90 days or less may renew the certificate
by paying $750 to the department].
[(e) A person continuing to conduct
business as a metal recycling entity whose certificate of registration
has been expired for more than 90 days but less than one year may
renew the certificate by paying $1,000 to the department.]
(c) [(f)] A certificate
of registration that has expired for one year or more may not be renewed.
An application for [A person continuing to conduct business
as a metal recycling entity whose certificate of registration has
been expired for one year or more may not renew the certificate. This
person must obtain] a new certificate of registration must
be submitted according to the procedures pursuant to [utilizing
the initial application procedure set forth in] §36.4 of
this title (relating to Application for Certificate of Registration)
and by paying the appropriate fees pursuant to §36.19 of this
title.[, submitting the initial application fee, and paying
an additional administrative penalty of $1,000.]
§36.10.Denial of Application for Certificate of Registration.
(a) The department may deny an application for a certificate of registration if:
(1) the applicant attempts to obtain a certificate of registration by means of fraud, misrepresentation, or concealment of a material fact;
(2) the applicant has sold, bartered, or offered to sell or barter a certificate of registration;
[(3) the applicant has previously
been convicted of knowingly purchasing stolen regulated material pursuant
to §1956.040(b) of the Act;]
[(4) the applicant fails to disclose the required persons involved in the regular course of the business of a metal recycling entity on the Application for Certificate of Registration (MRB 1) pursuant to §36.4(c) of this title (relating to Application for Certificate of Registration); or]
(3) [(5)] the applicant is
ineligible under the requirements of §36.16 [has been
convicted of a felony or misdemeanor offense as outlined in §36.15]
of this title (relating to Disqualifying Offenses); or[.]
(4) the applicant's certificate of registration was revoked within two years prior to the date of application.
(b) Upon the denial of an application under this section,
an applicant may request a hearing before the department pursuant
to [as outlined in] §36.17 of this title (relating
to Informal Hearings).
§36.11.Reprimands and Suspensions of a Certificate of Registration.
(a) The department may reprimand a person who is registered under the Act or suspend a certificate of registration of a person who is registered under the Act if the person:
(1) fails to submit the required reports to the department
pursuant to §1956.036 of the Act [§36.14
of this title (relating to Reporting Requirements)];
(2) willfully or knowingly submits false, inaccurate,
or incomplete information to the department on the reports submitted
pursuant to §1956.036 of the Act [§36.14 of this title];
(3) fails to preserve the records required pursuant to §1956.034 of the Act; or
(4) violates the Act or this chapter.
(b) For the [a] first [time]
violation of subsection (a) of this section, the person may receive
a written reprimand in the form of a letter notifying the person of
the violation and directing the person to immediately remedy the violation.
(c) For a second violation of subsection (a) of this
section occurring within [the preceding] two years
of an earlier violation for which a final order has been issued [
year period], the person's certificate of registration may be
suspended for a period [of] not to exceed three months.
(d) For a third violation of subsection (a) of this
section occurring within [the preceding] two years
of two earlier violations for which final orders have been issued [
year period], the person's certificate of registration may be
suspended for a period [of] not to exceed six months.
(e) Upon receipt of a notice of reprimand or [the
] suspension [of a certificate of registration]
under this section, a person may request a hearing before the department
pursuant to [as outlined in] §36.17 of this
title (relating to Informal Hearings). The failure to timely
appeal the proposed action will result in the issuance of a final order.
§36.12.Revocation of a Certificate of Registration.
(a) The department may revoke a certificate of registration of a person who is registered under the Act if the person:
(1) commits multiple violations of the same type
pursuantto [as outlined in] §36.11(a) of this title
(relating to Reprimands and Suspensions of a Certificate of Registration);
(2) obtains a certificate of registration by means of fraud, misrepresentation, or concealment of a material fact;
(3) sells, barters, or offers to sell or barter a certificate of registration;
[(4) is convicted of knowingly purchasing
stolen regulated material pursuant to §1956.040(b) of the Act; or]
(4) [(5)] is convicted of a disqualifying
felony or misdemeanor offense pursuant to §36.16 [
as outlined in §36.15] of this title (relating to Disqualifying
Offenses); or[.]
(5) submits to the department a payment that is dishonored, reversed, or otherwise insufficient or invalid.
(b) Upon receipt of notice of revocation under this
section, a person may request a hearing before the department pursuant
to [as outlined in] §36.17 of this title (relating
to Informal Hearings).
§36.13.Recertification after Revocation.
(a) Except as provided in subsection
(b) of this section, a [A] person whose certificate
of registration has been revoked may not be recertified earlier
than two [reapply prior to the passage of at least five]
years from the date of revocation. [The previously revoked applicant
must follow the procedures set forth in §36.4 of this title (relating
to Application for Certificate of Registration) for new applications.]
(b) A person whose certificate of registration has been revoked for a dishonored or reversed payment, as provided under §36.12(a)(5) of this title (relating to Revocation of a Certificate of Registration), may reapply at any time. Approval of the application is contingent upon receipt of payment of the full amount due, including any additional processing fees resulting from the prior dishonored or reversed payment.
(c) A person whose certificate of registration has been revoked must follow the procedures pursuant to §36.4 of this title (relating to Application for Certificate of Registration) for new applications.
§36.14.Reporting Requirements.
[(a)] Not later than the second working
day [seventh day] after the date of purchase or other
acquisition of regulated material for which a record is required
pursuant to [under] §1956.033 of the Act,
the [a metal recycling
] entity shall collect and submit to the department
an electronic transaction report using the department's online reporting
system. The report must contain the statutorily required documentation.
In addition, the address of the individual from whom the regulated
material is purchased must be a physical address. This address may
not be a post office box. [a Report of Purchase for Metal
Recycling Entity (MRB 5), containing:]
[(1) the place and date of the purchase;]
[(2) the name and physical address, the address may not be a post office box, of each individual from whom the regulated material is purchased or obtained;]
[(3) the identifying number of the seller's personal identification document;]
[(4) a written description made in accordance with the custom of the trade of the type and quantity of the purchased regulated material; and]
[(5) written documentation that the person is the legal owner of or is lawfully entitled to sell the regulated material.]
[(b) A completed MRB 5 shall be sent to the department by facsimile, electronic mail, or electronic upload via the program's website.]
[(c) If a metal recycling entity purchases bronze material that is a cemetery vase, receptacle, memorial, or statuary or a pipe that can reasonably be identified as aluminum irrigation pipe, the entity shall notify the department of the purchase by the close of the next business day via facsimile, electronic mail, or by calling the department at the number listed on the program's website and shall file an MRB 5 with the department within five business days.]
§36.15.Exemption from Electronic Reporting.
(a) An entity unable to comply with the electronic reporting requirements may request an exemption from the requirement. The request must be in the form of an affidavit stating the entity does not have an available and reliable means of submitting the transaction report electronically. In addition, the request must clearly describe the entity's technological inadequacies, explain why those inadequacies cannot be remedied, and include documentation establishing the financial hardship associated with compliance.
(b) If an exemption is granted, the entity must file reportable transactions with the department on an approved form. The exemption will remain in effect for no longer than twelve months, beginning the first day of the month following the month the exemption was granted. A new exemption must be requested annually in writing.
(c) The department may rescind an exemption if the reasons underlying the exemption are found to no longer exist.
§36.16.Disqualifying Offenses.
(a) Pursuant to Texas Occupations Code, §53.021(a)(1), the department may revoke a certificate of registration or deny an application for a certificate of registration if the applicant, registrant and/or business owner thereof has been convicted of a felony or misdemeanor that directly relates to the duties and responsibilities of a metal recycling entity.
(b) The department has determined the following types of offenses directly relate to the duties and responsibilities of metal recycling entities. A conviction for an offense within one or more of the following categories may result in the denial of an application (initial or renewal) for a certificate of registration or the revocation of a certificate of registration. The Texas Penal Code references provided in this section are for illustrative purposes and are not intended to exclude similar offenses in other state or federal codes. The types of offenses directly related to the duties and responsibilities of metal recycling entities include, but are not limited to, the following:
(1) Arson, Criminal Mischief, and other Property Damage or Destruction (Texas Penal Code, Chapter 28);
(2) Burglary and Criminal Trespass (Texas Penal Code, Chapter 30);
(3) Theft (Texas Penal Code, Chapter 31);
(4) Fraud (Texas Penal Code, Chapter 32);
(5) Bribery and Corrupt Influence (Texas Penal Code, Chapter 36);
(6) Perjury and Other Falsification (Texas Penal Code, Chapter 37); and
(7) Any violation of Texas Occupations Code, §1956.038 or §1956.040.
(c) A felony conviction for one of the offenses listed in subsection (b) of this section, a sexually violent offense as defined by Texas Code of Criminal Procedure, Article 62.001, or an offense listed in Texas Code of Criminal Procedure, Article 42.12, §3(g), is disqualifying for ten years from the date of the conviction, unless a full pardon has been granted.
(d) A misdemeanor conviction for one of the offenses listed in subsection (b) of this section or a substantially similar offense is disqualifying for five years from the date of conviction, unless a full pardon has been granted under the authority of a state or federal official and not only by statutory effect.
(e) For the purposes of this chapter, all references to conviction are to those for which the judgment has become final.
(f) A certificate of registration may be revoked for the imprisonment of the registrant following a felony conviction, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision for an offense that does not relate to the occupation of metal recycling and is disqualifying for five years from the date of the conviction.
(g) The department may consider the factors specified in Texas Occupations Code, §53.022 and §53.023 in determining whether to grant, deny, or revoke any certificate of registration.
§36.17.Informal Hearings.
(a) A person who receives notice of the department's
intention to deny an [whose
] application for a certification
of registration to suspend or revoke a [is denied,
whose] certificate of registration to be [is
suspended or revoked, or who is] reprimanded, or to be
prohibited from paying cash for a purchase of regulated material pursuant
to §1956.036(e) of the Act, may appeal the decision by requesting
an informal hearing. [is entitled to a hearing before the
department, governed by Chapter 29 of this title (relating to Practice
and Procedure) and Texas Government Code, Chapter 2001, if the person
submits to the department a written request for the hearing in compliance
with subsection (b) of this section.]
(b) The [A written] request for [a
] hearing must be submitted by mail, facsimile, or electronic
mail [e-mail], to the department in the manner
provided on the department's metals recycling program website within
20 calendar days after receipt of notice of denial, suspension, revocation,
or reprimand. If a written request for a hearing is not
submitted [made
] within 20 calendar days of the date notice was received,
the [person has waived their] right to a hearing under
this section or §36.18 of this title (relating to Hearings
Before the State Office of Administrative Hearings) is waived.
(c) An informal hearing will be scheduled and conducted
by the department's [manager of the program or the
manager's] designee [in the manner prescribed by the department
on the program's website].
(d) Following [After the conclusion of
] the informal hearing, the hearing officer will issue a written
statement of findings to the person at the [person's
] address on file.
The result may be appealed to the State Office of Administrative
Hearings as provided in §36.18 of this title.
[(e) Within 20 calendar days of the
date the statement of findings was received, the person may request
an administrative hearing before the State Office of Administrative
Hearings (SOAH).]
§36.18.Hearings Before the State Office of Administrative Hearings.
The determination of the informal hearing officer may be appealed by requesting an administrative hearing before the State Office of Administrative Hearings (SOAH) within 20 calendar days of receipt of the statement of findings. The request must be submitted in writing by mail, facsimile, or electronic mail, to the department in the manner provided on the metals recycling program's website.
[(a) A request for a hearing before
the State Office of Administrative Hearings (SOAH) must be submitted
in writing (by mail, facsimile, or e-mail) within 20 calendar days
of the receipt of the statement of findings sent to the person's address
on file.]
[(b) Procedures for a hearing before SOAH shall follow the process set forth in Texas Government Code, Chapter 2001.]
§36.19.Fees.
(a) The department has prescribed the following non-refundable fees for purposes of administering the Act:
(1) Initial Application. A $500 fee is assessed for each application for a new certificate of registration. Applicants conducting business at more than one location must apply for a new certificate of registration and submit a $500 fee for each location.
(2) Statutory Agent Disclosure. A $10 fee is assessed each time statutory agent disclosure information is filed, without an initial application or application for renewal.
(3) Change in Ownership. A $10 fee is assessed each time change of ownership information is filed, without an initial application or application for renewal.
(4) Renewal Certificate of Registration. A $500 fee is assessed for each location renewing a certificate of registration in accordance with §36.9 of this title (relating to Renewal of Certificate of Registration). A certificate of registration which has been expired for 90 days or less may be renewed by submitting a renewal application using the department's online application and by paying $750. A certificate of registration which has been expired for more than 90 days but less than one year may be renewed by submitting a renewal application using the department's online application and by paying $1,000.
(5) Add or Change Location. A $500 fee is assessed each time a metal recycling entity adds or changes a fixed location.
(b) Payment of fees shall be in the manner prescribed by the department. If payment is dishonored or reversed prior to issuance of the certificate, the application will be rejected as incomplete. If the certificate of registration has been issued prior to the payment being dishonored or reversed, revocation proceedings will be initiated pursuant to §36.12 of this title (relating to Revocation of Certificate of Registration). The department may dismiss a pending revocation proceeding upon receipt of payment of the full amount due, including any additional processing fees.
§36.20.Documentation on Fire-Salvaged Insulated Communications Wire.
Pursuant to §1956.032(a)(5) and (h) of the Act, a person attempting to sell insulated communications wire that has been burned wholly or partly to remove the insulation must display to the purchasing metal recycling entity documentation of the seller's ownership of the property at which the fire occurred or an affidavit from the owner reflecting the owner's consent for the material to be removed and sold.
§36.21.Military Exemption from Penalty for Failure to Renew in Timely Manner.
A person who holds a certificate of registration issued under the Act is exempt from any increased fee or other penalty imposed by the department for failing to renew the certificate of registration in a timely manner, if the person establishes to the satisfaction of the department the person failed to renew the certificate of registration in a timely manner because the person was on active duty in the United States armed forces serving outside this state.
§36.22.Extension of Certain Deadlines for Active Military Personnel.
A person who holds a certificate of registration issued under the Act, is a member of the state military forces or a reserve component of the armed forces of the United States, and is ordered to active duty by proper authority is entitled to an additional amount of time, equal to the total number of years or parts of years that the person serves on active duty, to complete any requirement related to the renewal of the person's certificate of registration.
§36.23.Alternative License Procedure for Military Spouse.
An applicant who is the spouse of a person serving on active duty as a member of the armed forces of the United States may apply for a certificate of registration under this section if the applicant:
(1) establishes to the satisfaction of the department that the applicant holds a current certificate of registration or the equivalent issued by another state with requirements substantially equivalent to the Act's requirements for the certificate of registration; or
(2) within the five years preceding the application date held the certificate of registration in this state that expired while the applicant lived in another state for at least six months.
§36.24.Adding or Changing Locations.
To conduct business at a new or additional location a registrant must apply for a certificate of registration for each location, pay all fees required pursuant to §36.19 of this title (relating to Fees), and obtain a certificate of registration for each location.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 19, 2013.
TRD-201301592
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: June 2, 2013
For further information, please call: (512) 424-5848
37 TAC §§36.15, 36.16, 36.19 - 36.21
(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, James Earl Rudder Building, 1019 Brazos Street, Austin, Texas.)
The Texas Department of Public Safety (the department) proposes the repeal of §§36.15, 36.16 and 36.19 - 36.21, concerning Metals Registration.
Specifically, §36.16 is repealed as it is duplicative of statutory authority and therefore unnecessary. Section 36.19 is repealed because dealers of crafted precious metals are no longer regulated by the department pursuant to 82nd Legislative Session, 2011, Senate Bill 694. The proposed repeal of §36.20 is necessary to eliminate paper forms. Section 36.15 and §36.21 are repealed to reorganize existing language and improve the clarity of Chapter 36.
Denise Hudson, Assistant Director, Finance, has determined that for each year of the first five-year period the repeals are in effect there will be no fiscal implications for state or local government or local economies.
Ms. Hudson has also determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the repeals as proposed. There is no anticipated economic cost to individuals who are required to comply with the repeals as proposed. There is no anticipated negative impact on local employment.
In addition, Ms. Hudson has also determined that for each year of the first five-year period the repeals are in effect, the public benefit anticipated as a result of enforcing the repeals will be a reduction in metal theft and related crimes and improved efficiency in the administration of the statute through greater use of online portals, electronic data transmission and storage.
The department has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding these repeals.
Comments on this proposal may be submitted to Steve Moninger, Office of Regulatory Counsel, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0246, Austin, Texas 78752-0246, (512) 424-5842. Comments must be received no later than thirty (30) days from the date of publication of this proposal.
This repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the Department's work, and Texas Occupations Code, §1956.013, which allows the commission to adopt rules establishing minimum requirements for registration and adopt required forms.
Texas Government Code, §411.004(3), and Texas Occupations Code, §1956.013, are affected by this proposal.
§36.15.Disqualifying Offenses.
§36.16.Additional and Accelerated Enforcement Actions.
§36.19.Temporary Location Registration of Dealers of Crafted Precious Metal.
§36.20.Forms.
§36.21.Fees.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 19, 2013.
TRD-201301591
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: June 2, 2013
For further information, please call: (512) 424-5848