ADMINISTRATION

(a) All other noncertified photographic reproductions of traffic records, lists, or documents in the files, up to legal size (8 1/2 inches by 14 inches), prepared on standard office copy machines will be furnished as follows: (1) for 50 pages of less of readily available informat…

It is the policy of the Texas Department of Public Safety that where a fee is not set by administrative rule, then such fee as may be charged has been established by the Legislature, as a matter of state law. Notes 37 Tex. Admin. Code § 1.128 The provisions of this §1.128 adopted…

(a) Reproduction of approved field copies of Department of Public Safety investigated Texas Peace Officer's Crash Reports (CR-3) will be furnished upon written request in all field offices where adequate clerical support exists and reproduction equipment is available. (b) Persons…

On request and payment of a fee of $10, the department may record a person's fingerprints. The department may retain records of fingerprints taken under this section. Notes 37 Tex. Admin. Code § 1.130 The provisions of this §1.130 adopted to be effective October 24, 1996, 21 TexR…

(a) In accordance with Texas Transportation Code, § 521.056(d) and 49 USC 30305 , the required fee for a National Driver Register (NDR) Search request received on the department's prescribed form is $4.00 per request. (b) All requests will be reviewed for completeness and may be …

(a) Department of Public Safety aircraft shall be used only for official state business. (b) No person except department personnel may be transported unless specifically authorized by designated department personnel. (c) All aircraft shall be operated in compliance with all state…

The following are some programs in which the department may utilize an aircraft. (1) Law enforcement flights. Flights conducted in support of, but not limited to, the following public safety activities: (A) criminal; (B) traffic; (C) search and rescue; (D) medical and disaster; a…

(a) General. Texas Government Code, § 423.007 provides for the department to adopt rules and guidelines for use of an unmanned aircraft by a law enforcement authority in Texas. (b) Rules and Guidelines. Each law enforcement authority in Texas that uses unmanned aircraft shall com…

The director of the Texas Department of Public Safety is authorized to exempt certain vehicles from having printed on them the inscription set out in Texas Transportation Code, § 721.002 . In order to further law enforcement capabilities and effectively carry out administrative f…

(a) All admission tickets sold or offered for sale by the promoter, or by others acting in his behalf, will be serially numbered or otherwise coded in such a manner so as to be able to determine the days of admission and the number of people that have been admitted at any given t…

An adequate parking space shall be provided for the parking of vehicles. The parking area shall be deemed adequate if it meets the following requirements. (1) Provides a parking space large enough to accommodate one four-wheeled vehicle for each four tickets sold. (2) The parking…

Any area provided by the promoter as a camping area for the benefit of paying spectators shall be separated from the entertainment area and the area provided for the parking of vehicles by a distance of at least 1,000 feet. No overnight camping will be permitted in the area desig…

Provisions shall be made to light adequately the entire area provided for the occupancy of spectators. The required lighting shall be deemed adequate if it is sufficient to make clearly recognizable the features of any person within the area provided for the occupancy of spectato…

The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise. (1) Administrative law judge--The commissioner or the commissioner's designee assigned to conduct a hearing on a matter before the department,…

(a) The promoter will plan, construct or otherwise make provisions necessary to assure that spectators or others seeking admittance to the facility under his control at which the mass gathering is to be held may enter the facility without impeding the progress of those who follow…

Any platform, bandstand, stage, grandstand, or other facility upon which people may assemble to make music, dance, or otherwise entertain or sit or stand as spectators shall be constructed in such a manner as to safely support the weight of the maximum number of people who are ab…

The promoter will be responsible for and will be held accountable for preserving order within the confines of the area designated in the permit application. Notes 37 Tex. Admin. Code § 1.168 The provisions of this §1.168 adopted to be effective May 5, 1976, 1 TexReg 1254

The promoter or a representative designated by him in his permit application will be present and available on the grounds at all times during the period for which the permit is issued and until all those in attendance have departed the area. The permit application shall specify a…

(a) Money paid by mistake of fact or mistake of law or in excess of a required fee or charge which is deposited by the Department of Public Safety into the state treasury will not entitle a payor to an automatic refund. (b) Only amounts in excess of $5.00 will be automatically re…

(a) The Texas Department of Public Safety complies with Texas Transportation Code, § 546.004 , requirements that promulgate exceptions to the operation of an authorized emergency vehicle that is used for law enforcement purposes. The exceptions relate to operation without the use…

The mission of the Texas Department of Public Safety is: (1) to supervise traffic on rural highways; (2) to supervise and regulate commercial and "for hire" traffic; (3) to preserve the peace, to investigate crimes, and to arrest criminals; (4) to administer regulatory programs i…

Police power to seize the personal property of citizens is the exercise of authority that should never be taken lightly or capriciously. Citizens are ordinarily under no obligation to prove ownership of any property found in their possession. Conversely, the burden is upon the of…

(a) When used in this rule, the term "dishonored payment device" is defined as a check, draft, order, electronic funds transfer or other instrument that is not honored upon presentment for reasons including, but not limited to, the account upon which the device has been drawn or …

(a) For each applicant for any license or other authorization listed in this subsection, the department shall issue a written notice informing each applicant either that the application is complete and accepted for filing, or that it is deficient. If the application is deficient,…

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Attorney general--The Office of the Attorney General of Texas. (2) Debtor--Any person liable for an obligation owed to…

(a) Purpose. Texas Business and Commerce, §3.506, authorizes the holder of a dishonored check seeking collection of the face value of the check to charge the drawer or endorser of the check a reasonable processing fee, not to exceed $30. This section prescribes policies and proce…

If during the preceding year a person paid the department a total of $250,000 or more in a category of payments and the department reasonably anticipates that during the current state fiscal year the person will pay the department $250,000 or more in a category of payments, the p…

(a) The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Asset - refers to currency, a negotiable instrument, real property, tangible property, or other non-tangible property forfeited …

As required by § 2161.003 of the Texas Government Code and to the extent applicable, the Texas Department of Public Safety adopts by reference the Historically Underutilized Businesses rules of the Comptroller of Public Accounts ("Comptroller"), including any subsequent changes t…

(a) The commission authorized the creation of a contract review board to review contracts entered by the department. The contract review board is chaired by the assistant director of the administration division, has a representative from each of the department's divisions, and ha…

The department has established a contract monitoring program within the Administration division. The contract monitoring program identifies each contract that requires enhanced contract or performance monitoring by conducting an initial risk assessment based on the factors, detai…

(a) Definitions. (1) Working days--Monday through Friday, except national and state holidays as defined by Texas Government Code, § 662.003 . When counting working days, do not count the day of the act or event after which the ten-day period of time begins to run. The last day of…

The department will comply with Texas Government Code Chapter 2252, Subchapter F, Certain Construction and Installation Projects. Notes 37 Tex. Admin. Code § 1.265 Adopted by Texas Register, Volume 43, Number 30, July 27, 2018, TexReg 4991 , eff. 7/30/2018

(a) State Vehicle Management Plan. To the extent applicable, the department adopts the State Vehicle Management Plan as adopted by the Office of Vehicle Fleet Management of the General Services Commission as mandated by Texas Government Code, Chapter 2171. Specifically, the depar…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context shall clearly indicate otherwise. (1) Act--The Negotiated Rulemaking Act, Texas Government Code, Chapter 2008. (2) Commission--The Public Safety Commission. (3) Depa…

(a) It is the policy of the commission and the department to encourage public participation in the rulemaking process when appropriate. When the commission finds that rules to be drafted are likely to be complex, or controversial, or to affect disparate groups, public participati…

(a) Formal negotiated rulemaking procedures. When the commission proposes to engage in formal negotiated rulemaking, the commission and the department shall follow the negotiated rulemaking process and procedures described in the Act. (b) Informal negotiated rulemaking procedures…

As provided by Texas Government Code, § 411.0044 , the commission shall periodically designate a trained person who will: (1) coordinate the implementation of the commission's negotiated rulemaking policy; (2) serve as a resource for any training needed to implement procedures fo…

As provided under Texas Government Code, § 411.0043 , the department shall use appropriate technological solutions to improve the department's ability to perform its functions. Technological solutions shall, where appropriate, ensure that the public is able to interact with the d…

(a) The programs of the Department of Public Safety fall into three general classes: (1) street and highway traffic management; (2) crime suppression and control; and (3) emergency management. (b) The three major classes of functional departmental programs within the department a…

It is the policy of the Texas Department of Public Safety to hire the best qualified people to perform the many tasks necessary in providing high quality service in the field of law enforcement administration and other areas of public safety. An integral part of this policy is to…

(a) The purpose of the promotional and selection policies and procedures of the Texas Department of Public Safety is to assure that initial employment and career advancement within the department is based upon: (1) sound personnel practices based on merit; (2) nondiscriminatory p…

(a) Purpose. The purpose of this section is to set out how and where to file a complaint about the actions or behavior of an employee of the Texas Department of Public Safety in compliance with Texas Government Code, § 411.0195 . (b) Applicability. The policies and procedures des…

(a) Highway Patrol Service. The program of the Highway Patrol Service is "Police Traffic Supervision and General Law Enforcement on Rural Highways." This program consists of the following major activities: (1) Police traffic supervision on rural highways: (A) police traffic direc…

(a) It is the policy of the department that no qualified individual with a disability shall, solely based on the disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any of the policies or procedures of the departme…

(a) Policy. (1) The Texas Department of Public Safety has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the United States Department of Justice regulations implementing Title II of the America…

(a) Complaints regarding veteran's preference should be addressed to: Human Resources Director, Human Resources Bureau, 5805 North Lamar Blvd., P.O. Box 4087, Austin, TX 78773-0251, who has been designated by the Commission to receive complaints and coordinate compliance efforts.…

(a) Complaints regarding former foster child's preference should be addressed to: Human Resources Director, Human Resources, 5805 North Lamar Blvd., P.O. Box 4087, Austin, TX 78773-0251, who has been designated by the Public Safety Commission (the commission) to receive complaint…

The department shall implement a legislative leave pool policy pursuant to Texas Government Code, § 411.0161 . Notes 37 Tex. Admin. Code § 1.44 The provisions of this §1.44 adopted to be effective March 17, 2011, 36 TexReg 1680

The mission of the Driver License Division is to provide exceptional customer service, promote public safety and enhance safe driving on Texas roadways. The Driver License Program consists of the following major activities: (1) examination of new drivers and renewal of licensed d…