Texas Administrative Code

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Clothing or footwear--An article of apparel that the article manufacturer designs for wear on or about the human body.…

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Affiliated group--Entities in which a controlling interest is owned by a common owner or owners, either corporate or n…

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Allied chemical product--A consumer or end-user product manufactured from basic or intermediate chemicals. Examples in…

(a) Applicability of rules of practice and procedure. The following rules of practice and procedure contained in Part I, Chapter 1, Subchapter A of this title (relating to Practice and Procedure) shall apply to hearings involving the denial, revocation, or suspension of a Texas C…

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Authorized employee--A person who is authorized by their employer to perform customs transactions or related services …

(a) Maquiladora enterprise. Maquiladora enterprise means a business entity chartered by the government of the United Mexican States and authorized by that government to make duty-free imports of raw materials, component parts, or other property into Mexico to be used in manufactu…

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Consumable items--Nondurable tangible personal property that is used to improve real property and that, after being us…

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Employee--A person providing services for another for consideration where the employer has the right to control and di…

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Affiliated group--A group of one or more entities in which a controlling interest is owned by a common owner or owners…

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Claim--Without limitation, any alleged right, entitlement, or demand, whether for money or property, arising out of or…

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Emergency preparation item-- (A) A portable generator used to provide light or communications or to preserve perishabl…

(a) Emergency vehicles. (1) The department will furnish emergency escorts and emergency transportation for persons only when the escort or conveyance is necessary for the preservation of life or when expediting movements of supplies and personnel for the armed forces during natio…

(a) Responsibility. The Texas Highway Patrol division of the department is assigned the responsibility of investigating and properly reporting crashes involving motor vehicles which occur outside the city limits of an incorporated city upon a public road, highway, or other way or…

Receipts for drivers license. Some states permit persons charged with certain traffic offenses to surrender their drivers license in lieu of posting bail, to guarantee court appearances. A receipt is issued by a court, or by an officer, to each driver who surrenders his drivers l…

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. Notes 37 Tex. Admin. Code § 3.57 The provisions of this §3.57 adopted to be eff…

(a) Responsibility. Officers of the department occasionally assume responsibility for the property of citizens when those citizens are unable to care for that property. This responsibility may accrue to the personnel as a result of an arrest, voluntary abandonment by the rightful…

(a) Other agencies' involvement. (1) The department will encourage other police agencies to establish a procedure to handle and make final disposition of all abandoned motor vehicles found or reported within the geographic areas for which they have a responsibility. By mutual agr…

(a) Removal and storage information. When any officer causes the removal and storage of any vehicle which has been abandoned or when the owner cannot be otherwise located to advise disposition he will inventory the vehicle and notify the nearest department radio station, giving t…

(a) Duty to drive safely. Officers of the department have an obligation to the citizens and visitors of this state to protect lives and property. (1) This duty extends to the operation of departmental vehicles at all times, but is of special importance in all pursuit operations. …

Police traffic activities. Local agencies will be encouraged to conduct all police traffic supervision activities on all interstate highways within their jurisdiction. (1) Officers of the department will not be routinely assigned traffic supervision duties on these sections of th…

Police traffic supervision activities. (1) Officers of the department of public safety will conduct police traffic supervision on sections of interstate highways when those sections are direct extensions of an interstate system already patrolled by this department. Those activiti…

Release of information. Members of the department will release information to those persons or agencies having a legitimate interest in a crash or incident, to the extent of that interest, including but not necessarily limited to: (1) drivers and passengers and their representati…

Disaster locations. Officers of the department have a duty to make emergency rules when normal operating procedures prove inadequate under unusual conditions that affect the lives, health, or property of the general public at disaster scenes. This includes accidents involving rad…

(a) Activities of officers in traffic direction. (1) Indicate to drivers and pedestrians what to do or not to do, especially when and how to move at a congested point whenever and wherever hazards and congestion make the use of streets and highways dangerous or difficult. (2) Mak…

(a) Department interpretations. Department interpretations of territorial applicability of the Texas Transportation Code are as follows. (1) Law applies--ways--reportable but safety responsibility does not apply: (A) business-owned access way, road, or street open to the public; …

Classification of crashes for severity of offense committed. The following injuries to persons involved in crashes will be deemed sufficient for the filing of felony charges: (1) death; (2) incapacitating injury; (3) nonincapacitating injury or minor visible injury. Notes 37 Tex.…

(a) General policy. Diplomatic and consular officers should be accorded their respective privileges, rights, and immunities as directed by international law and federal statute. These officials should be treated with the courtesy and respect that befit their distinguished positio…

Traffic law enforcement officers of the department of public safety are allowed the use of judgment in situations requiring an interpretation of the enforcement policies and are allowed reasonable discretion in determining the presence and extent of major extenuating circumstance…

Traffic law enforcement officers of the department of public safety will conduct inspections of the condition of drivers and the equipment of their vehicles to assure that safety and licensing requirements, as outlined in the statutes, are being complied with. Notes 37 Tex. Admin…

All traffic law enforcement officers of the department of public safety will warn for a period of three months after the effective date of the law all violators of any new traffic law that imposes additional or new restrictions. Exceptions to this rule are: (1) flagrant violation…

(a) Construction of prima facie limits. The prima facie maximum speed limits fixed by the legislature or established by zoning authority will be construed to be the maximum permissible speeds under normal conditions and speeds in excess of such limits will be considered illegal. …

(a) Citation. All traffic law enforcement officers of the department of public safety will cite or arrest, as appropriate, all violators of the traffic laws apprehended by them who are committing a clear-cut and substantial violation of the traffic laws unless major extenuating c…

(a) General. The department believes that warnings given for traffic law violations constitute acceptable enforcement action when given under proper circumstances. Warnings will be given for traffic law violations of a relatively minor degree. (b) Use of written warning. (1) Pers…

(a) General. Department of public safety traffic law enforcement officers, so far as practicable under the circumstances, will stop every violator of the traffic laws observed by them and take appropriate enforcement action against them. (b) Types of enforcement action. (1) The d…

Simultaneous crashes reported. In the event an officer is notified of more than one crash at about the same time discretion will be exercised as to the priority of investigation. Consideration will be given to factors such as severity of crash, highway blockage, failure to stop a…

(a) Visitor parking shall be for the exclusive use of visitors to the complex. (b) A state employee may use a space designated by the department as visitor parking only if his/her principal place of employment is outside the Capitol Complex. Notes 37 Tex. Admin. Code § 3.176 The …

The Texas Department of Public Safety may authorize use of state parking areas outside of normal working hours for other purposes. Notes 37 Tex. Admin. Code § 3.175 The provisions of this §3.175 adopted to be effective March 9, 2004, 29 TexReg 2374

Assignments on surface lots or in garages shall allow the permitted employee to utilize the assignment only on state working days, including skeleton holidays, during the hours of 7 a.m. through 6 p.m. Notes 37 Tex. Admin. Code § 3.174 The provisions of this §3.174 adopted to be …

(a) When authorized by law or when necessary to protect the public health, safety, or welfare or to promote and protect a critical state function, the department may impound or cause to be removed any vehicle presenting such an obstacle. (b) When unpaid parking fines or charges a…

(a) A state employee parking permit may be forfeited for any of the following reasons: (1) failure to pay one or more parking citation(s) issued by the Texas Department of Public Safety; (2) nonpayment of assessed parking fees; (3) falsifying data on an application for a parking …

(a) Department officers are responsible for enforcing these parking regulations and traffic violations on state property. For purposes of enforcing the parking rules only, the department may assign either commissioned officers or noncommissioned security workers. The assignment o…

(a) All vehicles utilizing open parking must display a current parking permit. Up to two permits may be issued to each employee, but only one vehicle bearing a permit issued to an employee may make use of that employee's parking privilege within the Capitol Complex at a time. The…

(a) Car pools shall consist of at least three participating state employees not having the same domicile and who normally drive their vehicles to work. (b) A newly established car pool, meeting the requirements of this section as determined by the Texas Department of Public Safet…

Subleasing an assignment shall not be permitted and is a violation of these sections. It is permissible for an employee who is assigned a reserved space by his or her agency to allow another state employee to use that assignment during vacations, absences due to illness, or offic…

(a) Temporary permits may be issued for a period of one to 15 days. If the need for the permit continues to exist after 15 working days, a new permit may be obtained in the parking administration office. (b) Upon written request from the agency parking coordinator, a 90-day speci…

(a) When the legislature is in session, the department shall assign and have marked, for unrestricted use by members and administrative staff of the legislature, the reserved parking spaces in the Capitol Complex requested by the respective houses of the legislature. A request fo…

(a) Charges. Monthly charge for assigned parking will be at the rate set by the state legislature, or if no rate is set, at a rate set by the department. The department sets the rate at $10 per reserved space. (b) Payment. Monthly charges shall be paid quarterly in advance, due o…