The most recent issue of the Texas Register was published on May 22nd and includes emergency rules set in place due to COVID-19, proposed rules, and adopted rules. The full publication can be found here.
May 22nd TEXAS REGISTER UPDATE
Emergency Rules
Department of State Health Services-Standard of Care Treatment Program
The HHSC adopts an emergency amendment to 25 TAC §448.911, to temporarily permit a licensed Chemical Dependency Treatment Facility to provide treatment services through electronic means to adult and adolescent clients in order to reduce the risk of COVID-19 transmission.
Proposed Rules
Credit Union Department-Lending Powers
The Commission proposes amendments to 7 TAC §91.708, requiring consumer real estate loans at or exceeding $400,000 to have an appraisal conducted by a state licensed appraiser, an increase from the current $250,000 limit. Written comments on the proposal may be submitted to CUD-mail@cud.texas.gov within 31 days of the proposal’s publication in the Texas Register (May 22nd).
Texas Department of Licensing and Regulation-Motor Fuel Metering and QualityÂ
The Department proposes several new rules under 16 TAC, Chapter 97, Subchapters A-F, regarding the Motor Fuel Metering and Quality Program. The proposed rules implement SB 2119, and would allow the Texas Commission of Licensing and Regulation and the Department of Licensing and Regulation to administer and regulate the Program. Written comments on the proposal may be submitted here within 30 days of the proposal’s publication in the Texas Register (May 22nd).
Texas Education Agency- Accountability and Performance Monitoring
The TEA proposes an amendment to 19 TAC §97.1005, concerning results driven accountability. The proposed amendment would adopt in rule applicable excerpts of the 2020 Results Driven Accountability Manual. The applicable excerpts, Sections I-III, describe the specific criteria and calculations that will be used to assign 2020 RDA performance levels. Written comments on the proposal may be submitted here by June 22, 2020.
State Board of Education-TEA Audit Functions
The SBOE proposes an amendment to 19 TAC §109.23, which would reflect changes made by HB 1520, 86th Legislature. The amendment would allow an independent auditor hired by a school district to be associated with a CPA firm that has a current valid license issued by a state licensing agency from another state. Written comments on the proposal may be submitted here by June 26, 2020.
Texas Commission on Environmental Quality-Outdoor Burning
The Commission proposes to amend 30 TAC §111.209. If adopted, the amended rule would be submitted to the EPA as a revision to the State Implementation Plan. The implementation of HB 2386, 85th Legislature, requires an amendment to §111.209(5) to include volunteer firefighters, acting within the scope of their duties, to fulfill the requirements for providing supervision of the burning of waste. Written comments on the proposal may be submitted here by June 23, 2020.
Comptroller of Public Accounts
Written comments on the below proposals may be submitted to Sarah.Chacko@cpa.texas.gov within 30 days of the proposal’s date of publication in the Texas Register.
Statewide Procurement and Support Services
The Comptroller proposes amendments to 34 TAC §20.25, to clarify the procurement rules in light of the restructure of the electric utility industry implemented with SB 7, 76th Legislature, and to provide clarity regarding the applicable procurement rules referenced in Chapter 20, Statewide Procurement and Support Services. The amendments regard definitions related to the Comptroller’s purchasing responsibility and the Comptroller’s administration of the state’s purchasing of goods and services.
Primary and Delegated Procurement Authority
The Comptroller proposes amendments to 34 TAC §20.81, which would also clarify the procurement rules implemented with SB 7, 76th Legislature. The proposed amendments clarify that the purchase of services from a retail electric provider in an area with customer choice is subject to the procurement requirements under Government Code, Title 10, Subtitle D, and Chapter 20 of this title.
Adopted Rules
The Credit Union- Chartering, Operations, Mergers, Liquidations
The Commission adopts amendments to 7 TAC §91.1003, concerning mergers/consolidations, under Subchapter J, related to changes in corporate status. The Commission also adopts amendments under Subchapter O, related to trust powers, including §91.6001, concerning fiduciary duties, §91.6004, concerning exercise of fiduciary powers, §91.6010, concerning custody of fiduciary assets, §91.6014, concerning errors and omissions insurance, §91.6006, concerning policies and procedures. The changes were mostly administrative and grammatical in nature.
The Texas Education Agency
State Adoption and Distribution of Instructional Materials
The TEA adopts an amendment to 19 TAC §66.1403, concerning instructional materials to be included in the instructional materials portal. The adopted amendment modifies the rule specifying a request to include instructional materials in the EoQ process must be in the form of a nomination made by the SBOE.
Assessments of English Language Proficiency and Academic Content for ELL’sÂ
The TEA adopts an amendment to 19 TAC §101.1003, concerning English language proficiency assessments. The adopted amendment ensures all ELs are tested for English language proficiency, including students with significant cognitive disabilities. The amendment also updates references to ELs and English language proficiency to align with current agency practice and the inclusion of an English language assessment for those with significant cognitive disabilities.
Attendance
The TEA adopts new 19 TAC §129.1049, implementing HB 548, 86th Legislature, including in rule the truancy data required by statute and specifying the data must be reported annually through the Texas Student Data System PEIMS.
The Texas Commission on Environmental Quality
Public Notice of Injection Well
The Commission adopts an amendment to 30 TAC §39.651, adding aquifer recharge project notice requirements to the rule. It implements HB 720, 86th Legislature.
General Air Quality Expedited Permitting
The Commission adopts an amendment to 30 TAC §101.60, allowing the costs incurred for full-time equivalent commission employees expediting an application as an expense that may be fully funded with the surcharge collected for the expedited processing of an air permit application.
Applications Processing
The Commission adopts an amendment to 30 TAC §281.19, implementing the requirements in TWC, §11.157(f), for the commission to complete technical review for applications for new appropriations of water for aquifer storage recovery and aquifer recharge in 180 days.
Water Rights
The Commission adopts an amendment to 30 TAC §295.158, to implement TWC, §11.158, clarifying amendment applications that will be subject to full basin mailed and published notice, and specifying that applications to amend a water right to remove an authorization for storage in a storage reservoir that has not been constructed may not require additional notice if the water, diversion amount/rate, meets certain requirements. The amendment implements HB 1964 and HB 720, 86th Legislature. The Commission also adopts amendments to 30 TAC §297.1 and §§297.41 – 297.43, implementing changes to Chapter 297, required by HB 720 and parts of the TWC.
Underground Injection Control
The Commission adopts amendments to 30 TAC §§331.2, 331.7, 331.9, and 331.131 and new §§331.262 – 331.267. The rulemaking implements HB 720, 86th Legislature, adding definitions, authorization mechanisms, standards, and requirements for recharge injection wells association with AR projects.
The Commission adopts amended 30 TAC §331.19, to implement SB 483 and SB 520, 86th Legislature, addressing the commission’s regulation of certain injection wells in portions of the Edwards Aquifer and the storage and recovery of water in portions of the Edwards Aquifer.
Coal Combustion Residuals Waste Management
The Commission adopts multiple new 30 TAC, Chapter 352. The rulemaking creates a program to regulate owners and operators of landfills and surface impoundments used for the disposal or management of coal combustion residuals (CCR). These rules are eligible for EPA approval and would operate in Texas in lieu of the EPA CCR program. The new chapter requires owners and operators to obtain a registration, establishes compliance monitoring, and maintains compliance with the standards listed under new Chapter 352 for landfills and surface impoundments used to dispose of or manage CCR.
Comptroller of Public Accounts
Tax Administration State and Local Sales
The Comptroller adopts amendments to 34 TAC §3.334, concerning local sales and use taxes. The amendments provide that remote sellers are required to collect Texas use tax under §3.286 of this title should collect local use tax based on the destination location. The amendments also implement the requirement that a seller located in Texas collects local use tax when the seller ships or delivers a taxable item into a local jurisdiction where those use taxes exceed the local sales tax where the sale is consummated. The amendments also provide additional guidance on determining whether an order is received at a place of business of the seller, and clarify the rules for determining the consummation of sales.
Property Tax Administration
The Comptroller adopts the repeal of existing 34 TAC §9.103, concerning audits of school district taxable property values, in order to reorganize the rule and update the rule to be consistent with statutes. The Comptroller repeals existing §9.103 in order to adopt new §9.103 with revisions to improve clarity, organization and implementation of the section.
May 15th TEXAS REGISTER UPDATE
Emergency Rules
Texas Optometry Board
The Board adopts an emergency amendment to 22 TAC §279.15 in response to the COVID-19 disaster declaration. The amendment is made pursuant to Executive Order GA 19, and sets the minimum standards for safe practice during the COVID-19 disaster.
Proposed Rules
Texas Department of Agriculture
The Department proposes amendments to 4 TAC §4.2, revising the Prescribed Burning Board’s Schedule of Violations. The changes are clarifying and administrative. Written comments on the proposal may be submitted to RuleComments@TexasAgriculture.gov within 30 days of the proposal’s publication in the Texas Register (May 15th).
Texas Education Agency
School Districts
The TEA proposes the repeal of 19 TAC §61.1033, an amendment to §61.1036, and new §61.1040, concerning school facilities. The proposed rule actions would remove an obsolete rule, provide an end date for the current school facilities standards rule, and create a new rule to implement the safety standards required by SB 11, 86th Legislature. Written comments may be submitted here by June 29, 2020.
Commissioner’s Rules Concerning Educator Appraisal
The TEA proposes new 19 TAC §150.1014, §150.1015, which would implement performance designations and requirements for local optional teacher designation systems to issue designations based on data from previous school years, under HB 3, 86th Legislature. Written comments may be submitted here by June 15, 2020.
Texas Commission on Environmental Quality
Applications Processing
The Commission proposes to amend 30 TAC §281.18, to allow the use of email for communicating application deficiencies to receiving responses from applicants. Written comments may be submitted here, referencing Rule Project Number 2019-108-281-OW, by June 16, 2020.
Public Drinking Water
The Commission proposes to amend 30 TAC §290.39 and §290.122. HB 3552, 86th Legislature, lists owner, agent, manager, or other person in charger of public water systems as responsible for notifying customers prior to permanently terminating the addition of fluoride to drinking water. The proposed amendments list owners or operators in order to remain consistent with current TCEQ rules. Written comments may be submitted here, referencing Rule Project Number 2020-007-290-OW, by June 16, 2020.
Water Districts
The Commission proposes several amendments and new rules under 30 TAC Chapter 293, Water Districts. The rulemaking is proposed to implement SB 1234, 82nd Legislature, SB 1987 and SB 2014, 85th Legislature, HB 304, HB 440, HB 2590, HB 2914, SB 239, and SB 911, 86th Legislature. Written comments may be submitted here, referencing Rule Project Number 2020-008-293-OW, by June 16, 2020.
Consolidated Permits
The Commission proposes to amend 30 TAC §305.53, adding an additional fee of $50 to go towards the cost of providing notice, for applications for permits for a municipal solid waste facility. This would result in a total application fee of $2,050. Written comments may be submitted here, referencing Rule Project Number 2020-006-305-WS, by June 16, 2020.
Municipal Solid Waste
The Commission proposes to amend and repeal several rules under 30 TAC, Chapter 330, Municipal Solid Waste. Written comments may be submitted here, referencing Rule Project Number 2020-006-305-WS, by June 16, 2020.
Comptroller of Public Accounts-State and Local Sales and Use Taxes
The Comptroller proposes the repeal of 34 TAC §3.366, to reflect federal adoption of the Internet Tax Freedom Act (ITFA) of 2016, which prohibits taxing of internet access. ITFA included a grandfather clause for those state and local gov- ernments, including Texas, who imposed a tax on internet services prior to October 1, 1998. This clause allows Texas to collect tax on internet services until the clause expires on June 30, 2020.
Adopted Rules
Texas Health and Human Services Commission
Medicaid and other HHS Fraud and Abuse Program Integrity
The HHSC adopts amendments to 1 TAC §371.1603 and §371.1715, to clarify the factors the agency considers when imposing and scaling enforcement actions as required by Texas Gov. Code §531.102(x). The amendments came as a result of the HHSC OIG and the Sunset Advisory Commission recommending the agency revise its rules to provide direction to determine which sanction to apply to each violation committed by a person subject to agency regulation.
Mental Health Services
The HHSC adopts several new rules under 26 TAC, Chapter 306, Subchapter D, concerning mental health services-admission, continuity, and discharge. The rules establish guidelines for admission, transfers, and discharges from state hospitals, local mental health authorities and local behavioral health authorities, and continuity of services for persons receiving LMHA or LBHA services and inpatient services at a state mental health facility or a facility contracted psychiatric bed. The rules also implement certain provisions in SB 562, SB 1238, HB 601, 86th Legislature, that relate to voluntary admission requirements and admission criteria for maximum security units.
General Residential Operations-Reports and Record Keeping
The HHSC adopts new §748.301, amendments to §748.303 and §748.313, and new Division 6, Unauthorized Absences. The rules will address the issue of unauthorized absences of children from General Residential Operations by requiring GROs to take additional actions when a child leaves the operation without permission. These rules will include additional requirements such as documenting each time a child has an unauthorized absence, debriefing the child after each unauthorized absence, conducting a triggered review for each child who has had three unauthorized absences within a 60-day timeframe, among other related requirements.
Public Utility Commission of Texas
Substantive Rules Applicable to Electric Service Providers
The Commission adopts new 16 TAC §25.112, relating to registration of brokers, and new 16 TAC §25.486, relating to customer protections for brokerage services. The rules implement the requirements of Public Utility Regulatory ACT (PURA) §39.3555 enacted as SB 1497, 86th Legislature.
State Board for Educator Certification-Educator Prep and Certification
The Board adopts amendments to 19 TAC §§230.21, 230.33, 230.36, 230.55, 230.104, and 230.105. The amendments implement the statutory requirements of SB 1839, HB 2039, HB 3349, 85th Legislature, and HB 3, 86th Legislature. The amendments relate to educator preparation and certification, specifically reducing the amount of time for exam retakes from 45 to 30 days, removing the master teacher certification class and the Principal, EC-12 certificate, adding EC-3, Science of Teaching Reading, and Trade and Industrial Workforce Training. The amendments also require the English as a Second Language Supplemental assessment for issuance of an intern certificate obtained through the intensive pre-service route, allows the Educational Aide certificate to be issued to qualified high school students, and clarify certificate requests for corrections be submitted to the TEA within 6 weeks from the original date of issuance.
Texas Board of Nursing
Licensure, Peer Assistance and Practice
The Board adopts amendments to 22 TAC §217.2, requiring applicants to submit fingerprints for a complete criminal background check prior to licensure. The Board also adopts amendments to §217.3, requiring new graduates seeking temporary authorization to practice as a graduate nurse/graduate vocational nurse to submit fingerprints for a complete criminal background check prior to licensure and pass the jurisprudence exam prior to receiving a nurse permit. The amendments also clarify that a temporary permit may be reissued if a nurse is unable to complete requirements that are necessary for the nurse’s licensure reinstatement within a six month period.
The Board adopts amendments to 22 TAC §217.6, relating to the failure to renew license and 22 TAC §217.9, relating to inactive and retired status, eliminating some of the requirements for licensure renewal that appear to be redundant.
The Board adopts the repeal of 22 TAC §217.8, eliminating the section in its entirety. The Board’s processes have changed over time and the current section relating to printing duplicate wall certificates for licensees whose original wall certificate was lost, is now obsolete. Certificates can now be printed directly from the Board’s website.
Advanced Practice Registered Nurses with Prescriptive AuthorityÂ
The Board adopts amendments to 22 TAC §222.3, eliminating potentially duplicative requirements to only require advanced practice registered nurses holding prescriptive authority to complete at least five contact hours of continuing education in pharmacotherapeutics each biennium.
Comptroller of Public Accounts-Statewide Procurement Division Services
The Comptroller adopts amendments to 34 TAC §20.407, §20.408, to clarify documentation requirements for state employees’ use of travel services other than contract travel services.
Emergency Rules
Texas Department of Housing and Community Affairs
The TDHCA adopted an amendment to 10 TAC §10.404, to address circumstances created by the COVID-19 pandemic that are causing significant stress on households in multifamily properties regulated by the Department. The amendment will allow the temporary use of reserve for replacement funds specifically to provide rent and utility assistance to residents who have been economically impacted by disasters such as COVID-19.
State Board of Dental Examiners
The Board adopts an amendment to 22 TAC §108.7, dictating the minimum standards for safe practice during the COVID-19 pandemic.
Texas Medical Board Disciplinary Guidelines
The Board added a definition of “unprofessional and dishonorable conduct” under 22 TAC §190.8, as a result of Executive Order GA-19.
Texas Health and Human Services Commission
COVID-19 Emergency Health Care Facility Licensing
The HHSC adopts emergency rule 26 TAC §500.3, to temporarily permit a currently licensed hospital to designate a specific part of its hospital for use as an off-site facility by another hospital, and to allow another currently licensed hopital to apply to use that designated hospital space as an off-site facility for inpatient care.
The HHSC also adopts emergency rules 26 TAC §500.43, §500.44, to temporarily permit a licensed Chemical Dependency Treatment Facility to provide treatment services through two-way, real-time internet or telephone communications to clients to reduce the risk of transmission of COVID-19, to extend treatment planning and service provision documentation deadlines to provide CDTF’s additional time to document service delivery, as counselor caseloads may have increased in intensive residential treatment programs.
Licensed Chemical Dependency CounselorsÂ
The HHSC adopts emergency rule 26 TAC §500.51 to temporarily permit counselor interns with more than 1,000 hours of supervised work experience, LCDC interns with less than 2,000 hours of supervised work experience, certified clinical supervisors, clinical training institution coordinators, and qualified credentialed counselors providing supervision to a counselor intern to provide services or supervision in person or through two-way internet or telephone communications.
Texas Workforce Commission
Unemployment Insurance
The TWC adopts emergency amendments to 40 TAC §815.1, §§815.170 – 815.172, and 815.174, and the repeal of §815.173 in accordance with the Families First Coronavirus Response Act, specifically the Emergency Unemployment Insurance Stabilization and Access Act of 2020 (EUISAA), and Texas Labor Code §208.001(b) and §209.205. EUISAA provides states with emergency funding grants for the administration of their unemployment compensation programs, allocated into Allotment I and II, both of which Texas anticipates receiving. If the state obtains both allotments, the federal government will pay 100% of any Extended Benefits (UB) beginning March 18th.  The amendments make provision for unemployment compensation notices to be placed in visible areas, benefits eligibility periods to be extended to ensure maximum receipt of fully funded federal extended unemployment benefits, and provision for an additional seven weeks of Extended Benefits through the federal Total Unemployment Rate (TUR) trigger.
Proposed Rules
Texas Health and Human Services Commission
TANF & SNAP Benefits
The HHSC proposes an amendment to 1 TAC §372.1513, concerning availability of monthly benefits. The purpose of the proposal is to comply with HB 1218, 86th Legislature, which requires HHSC to distribute SNAP benefits across a 28-day period for new SNAP households certified on or after September 1, 2020. Written comments may be submitted within 31 days of the publication in the Texas Register (May 8th) to AES_PSAD@hhsc.state.tx.us, with “Comments on Proposed Rule 20R028” in the subject line.
Children’s Advocacy Centers
The HHSC proposes amendments to 1 TAC §§377.201, 377.203, 377.205, 377.207, 377.209, 377.211, to reflect the changes SB 821 made to the Texas Family Code. The amendments will also more clearly align the rules with current practices, standards, services, and operations of the statewide children’s advocacy center organization and local CACs in Texas. Written comments may be submitted within 31 days of publication in the Texas Register (May 8th) to HHSRulesCoordinationOffice@hhsc.state.tx.us with “Comments on Proposed Rule 20R017” in the subject line.
Texas Department of Licensing and Regulation- Driver Education and Safety
The Department proposes several amendments to existing rules in 16 TAC Subchapters A, C-H, J-K, M-N, new rules in 16 TAC Subchapters C, G, I, M, N, and the repeal of some rules in 16 TAC Subchapters C and N, related to the Driver Education and Safety Program. The proposed rules are necessary to implement three rulemaking initiatives including the implementation of HB 2847, 86th Legislature, the need to update course curriculum requirements following transfer of the DES program to the Department, and implementing recommendations of the DES Fees Workgroup pertaining to reducing program fees. Written comments may be submitted within 30 days of publication in the Texas Register (May 8th) to erule.comments@tdlr.texas.gov.
Texas Education Agency
Commissioner’s Rules on School Finance
Written comments on any of TEA’s school finance proposals may be submitted here by June 8, 2020.
Proposed new 19 TAC §61.1003, concerning the CTE allotment for P-TECH and New Tech Network campuses. The proposed new section would adjust entitlement as calculated under TEC §48.106(a)(2)(B) and (C), to reflect $50 per student in ADA attending either a school designated as a P-TECH or a school that is a member of the New Tech.
Proposed new 19 TAC §61.1004 to reflect changes made by HB 3, 86th Legislature, by explaining how TEA will calculate and make available special education funding for open-enrollment charter schools and how the regular program allotment will be impacted.
Proposed new §61.1005 would create additional state aid for staff salary increases at regional education service centers, reflecting changes made by HB 3, 86th Legislature. The proposed rule will adjust entitlement under the authority of TEC, §48.011, to allow funding to RESCs in the amount of the prior staff salary supplement as calculated under former TEC, §42.2513, for the 2018-2019 school year.
Commissioner’s Rules Concerning the Academic Content Areas Testing Program
Written comments on TEA’s assessment proposals may be submitted here by June 22, 2020.
A proposed amendment to §101.3011 would modify the rule to clarify testing requirements for accelerated students who have completed EOC assessments before entering high school.
Department of State Health Services-Consumable Hemp Products
The HHSC on behalf of the DSHS, proposes several new rules to 25 TAC, Chapter 300.The purpose of this proposal is to comply with HB 1325, 86th Legislature, which added Texas Health and Safety Code, Chapter 443, which regulates the manufacture, processing, distribution, and sale of consumable hemp products. Written comments on the proposal may be submitted to DSHSHempprogram@dshs.texas.gov within 31 days of the publication in the Texas Register (May 8th).
Texas Department of Insurance- Automobile Insurance
The TDI proposes to amend 28 TAC §5.204, concerning Motor Vehicle Safety Responsibility, and repeal 28 TAC §5.208, concerning disclosures for named driver automobile insurance policies. The amendment and repeal implement HB 259, 86th Legislature, which prohibits named driver auto policies. Written comments on the proposal may be submitted to ChiefClerk@tdi.texas.gov by June 8, 2020.
Texas Commission on Environmental Quality- Radioactive Waste DisposalÂ
The TCEQ proposes to amend 30 TAC §336.1310, allowing for a reduction in the curie inventory charge, similar to the reduced disposal surcharge for non-compact generators enacted by HB 2662, 85th Legislature, and retained in an amendment to SB 1804, 86th Legislature. Written comments on the proposal may be submitted here by June 9, 2020.
Adopted Rules
Texas Department of Housing and Community Affairs
The Department adopts new 10 TAC §§1.301 – 1.303, previous participation and executive award review and Advisory Committee, to streamline the process for conducting previous participation reviews. The Department also adopts several amendments to 10 TAC Chapter 10, uniform multifamily rules. The amendments update the rule to delete unnecessary requirements, delete sections of the rule pertaining to functions that are being moved in the Department, to provide clarity for changing household designations, to comply with Tex. Gov’t Code §434.214 regarding requirements related to screening for veteran status, to add clarity regarding unit mix requirements for the HOME, TCAP RF and NHTF developments, and to limit rent increases to once every 12 months. New rules 10 TAC §§10.800 – 10.803 are created to update the rules to move and consolidate some aspects of the multifamily portfolio to different subchapters.
Texas Education Agency- Commissioner’s Rules on School Finance
The TEA adopts new 19 TAC §61.1011, implementing changes from HB 3, 86th Legislature, which enacted the Formula Transition Grant. The new rule will establish definitions and provide detail regarding the data sources TEA will use to calculate the funding available to a school district.
Texas Commission on Environmental Quality
The TCEQ adopts several amendments under TAC 30 as a result of the repeal of certain rules found to be obsolete. The adopted rules are intended to update some of the commission’s procedural rules and are not intended to impose any new procedural or substantive requirements.
Comptroller of Public Accounts- Reporting and Compliance
The Comptroller adopts new 34 TAC §§13.4, concerning report and delivery of certain personal tangible property,13.6, concerning minimum requirements for a claim, 13.7, concerning identification of claimed property, and §13.21 concerning property report format. New rule §13.8 concerning mineral proceeds is also created.
Teacher Retirement System of Texas- Administrative Procedures
TRS adopts amendments to rule §23.5 relating to nomination for appointment to the Board of Trustees. The amendments address minor issues identified in the most recent election and clarify terminology to update TRS election practices.
Texas Department of Public Safety
Ignition Interlock Device General Provisions
The Texas DPS adopts amendments to 37 TAC §§10.4 and new §10.5 and §10.6. The rule changes implement SB 616, 86th Legislature, which requires the adoption of rules relating to disqualifying criminal offenses and the procedures for appeal of licensing actions based on criminal history determinations. It also requires adoption of procedures for the informal resolution of complaints against ignition interlock vendors.
Vehicle Inspection and Vehicle Inspector Certification
The Department adopts amendments to 37 TAC §§23.1, 23.3, 23.5, 23.6, implementing SB 616, 86th Legislature, which amends Texas Transportation Code, Chapter 548. The adopted amendments in 23.5 concerning vehicle inspection station and vehicle inspector disqualifying criminal offenses, implement HB 1342, 86th Legislature. The adopted amendments in §23.6 clarify the departments authority to provide online training for vehicle inspectors.
Vehicle Inspection Station Requirements
The Department adopts amendments to 37 TAC §§23.12 – 23.14 concerning general vehicle inspection station requirements. Amendment §23.12 implements SB 711, 86th Legislature, which authorizes the Department to include vehicle safety recall information on the Vehicle Inspection Report. The rule requires the inspector to advise the vehicle owner/operator of the recall. The amendment to §23.13 removes an unnecessary equipment requirement, and the adopted amendment to §23.14 clarifies the requirement to post the station’s hours of operation refers only to the hours vehicle inspections are offered.
Vehicle Emissions Inspection and Maintenance Program
The Department adopts amendments to 37 TAC §23.51, §23.55, addressing changes to the vehicle emission test requirements that became effective Jan. 1, 2020. The adopted amendments remove references to vehicle emissions tailpipe tests, and the related equipment requirements.
Violations and Administrative Penalties
The Department adopts amendments to 37 TAC §23.62, §23.63, reflecting SB 616’s authorization for the adoption of procedures relating to the informal resolution of complaints against vehicle inspectors and inspection stations and the development of a penalty schedule for violations of a law or rule relating to the inspection of vehicles.
Metals Recycling Entities
The Department adopts amendments to 37 TAC §36.1, concerning definitions, §36.11, concerning application for certificate of registration, §36.34 and §36.36, concerning practice by certificate holders and reporting requirements. All amendments clarify certain terms and enhance the department’s regulatory oversight of the Metal Recycling Entities Program.