reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter H - DATABASE RECORDS › Section 28.123 - Eligible Individual

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to an eligible individual described
					 in this section, including an individual who is:
(1) indicted or waives indictment for a
				  felony prohibited or punishable under Penal Code:
(A)
											§20.04(a)(4) (aggravated kidnapping
				  with intent to cause bodily injury or violate or abuse sexually);
(B)
											§21.11 (indecency with
				  child);
(C)
											§22.011 (sexual
				  assault);
(D)
											§22.021
				  (aggravated sexual assault);
(E)
											§25.02 (prohibited sexual conduct or 'incest');
(F)
											§30.02(d) (burglary of a habitation
				  committing, attempting, or with intent to commit a non-theft felony);
(G)
											§43.05 (compelling
				  prostitution);
(H)
											§43.25
				  (sexual performance by child);
(I)
											§43.26 (possession or promotion of child pornography);
(J)
											§21.02 (continuous sexual abuse of
				  young child or children); or
(K)
											§20A.03 (continuous trafficking of persons);
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter H - DATABASE RECORDS › Section 28.124 - Approval of Outside Laboratory

Current through Reg. 49, No. 28; July 12, 2024
(a) Date of
				  approval. A laboratory outside the department must:
(1) be approved on the date a DNA sample is
				  analyzed by the lab; and
(2) remain
				  approved at least until the date the analysis report is submitted by the lab to
				  the director.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter H - DATABASE RECORDS › Section 28.125 - Collection of Sample

Current through Reg. 49, No. 28; July 12, 2024
(a) Generally. An
				  agency may collect a DNA sample from an eligible individual. The agency
				  collecting the sample shall use a collection method approved by the director
				  and described in the DNA Procedural Guidelines and may:
(1) only use a sample collection kit obtained
				  from the director; and
(2) not
				  collect the sample using a trusty, probationer, volunteer, or other individual
				  who is not officially associated with the agency.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter H - DATABASE RECORDS › Section 28.126 - Processing of Sample

Current through Reg. 49, No. 28; July 12, 2024
(a) Preservation.
				  The agency collecting the DNA sample shall use a preservation method and
				  procedure approved by the director and described in the DNA Procedural
				  Guidelines.
(b) Forwarding. The
				  collecting agency shall forward the sample together with the original DNA
				  Database Card to the director or an approved lab no later than the end of the
				  third business day after the collection.
(c) After forwarding. If the collecting
				  agency forwards the sample kit and its associated database card to an approved
				  lab, the agency:
(1) may request the lab to
				  return a copy of the profile to the agency; and
(2) must instruct the lab that the lab shall,
				  as soon as is reasonably practicable after creating the profile, forward to the
				  director:
(A) the profile;
(B) all remaining sample material, including
				  the unprocessed buccal swab and any remaining extracted DNA, and
(C) all other original kit components,
				  including the original database card.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter H - DATABASE RECORDS › Section 28.127 - DNA Record

Current through Reg. 49, No. 28; July 12, 2024
(a) Maintenance by
				  agency. An agency collecting a DNA sample from an eligible individual shall
				  maintain a record of the collection under this section, including a copy of the
				  DNA Database Card and any associated record.
(b) Certification. The individual agency
				  representative who collects the sample shall certify compliance with the DNA
				  Procedural Guidelines. The individual shall make the certification on a DNA
				  Database Card completed at the time of collection. The card (LAB-13) includes a
				  certification that:
(1) the individual is
				  properly trained; and
(2) the DNA
				  sample was taken in compliance with this subchapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter H - DATABASE RECORDS › Section 28.128 - Additional Sample

Current through Reg. 49, No. 28; July 12, 2024
(a) Prosecutor
				  determines no profile. The director encourages but does not require the
				  appropriate felony prosecutor to file a motion for a DNA sample to be taken
				  under this subchapter, if an original, DNA sample:
(1) was never taken;
(2) was lost or rejected; or
(3) did not otherwise produce a valid DNA
				  profile under this subchapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter H - DATABASE RECORDS › Section 28.129 - Notification and Information

Current through Reg. 49, No. 28; July 12, 2024
If this subchapter requires or permits an agency to
					 communicate with the department or the director, the agency must communicate
					 with the department or the director through the DPS Crime Laboratory
					 Service.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter H - DATABASE RECORDS › Section 28.130 - DNA Communications

Current through Reg. 49, No. 28; July 12, 2024
(a) Information
				  about this subchapter is available at the following website:
				  http://www.dps.texas.gov/CrimeLaboratory/CODIS/index.htm.
(b) To inquire about information and
				  administrative matters with, transmit to, or otherwise contact the department,
				  director, or Crime Laboratory Service with respect to this subchapter:
(1) the telephone number is: (512)
				  424-2790;
(2) the fax number is:
				  (512) 424-2386;
(3) the e-mail
				  address is: codislab@dps.texas.gov;
(4) the Post Office Box mailing address is:
				  Crime Laboratory Service, Attention CODIS, MSC 0461, Texas Department of Public
				  Safety, P.O. Box 4143, Austin, Texas 78765-0461; and
(5) the physical mailing address is: Crime
				  Laboratory Service, Attention CODIS, Texas Department of Public Safety, 5800
				  Guadalupe, Austin, Texas 78752.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter K - COLLECTION, STORAGE, PRESERVATION, AND RETRIEVAL OF BIOLOGICAL EVIDENCE › Section 28.181 - Applicability and Standards

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to the collection, storage,
					 preservation and retrieval of biological evidence as defined and specified in
					 Code of Criminal Procedure, Article 38.43. Pursuant to this article, the
					 department has adopted standards, consistent with best practices, which are
					 located at the Crime Laboratory Service's homepage on the department's website
					 at www.dps.texas.gov.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter K - COLLECTION, STORAGE, PRESERVATION, AND RETRIEVAL OF BIOLOGICAL EVIDENCE › Section 28.182 - Collection and Preservation

Current through Reg. 49, No. 28; July 12, 2024
(a) Biological
				  evidence and materials should be collected, handled, and preserved in a manner
				  that prevents contamination and degradation and ensures integrity during all
				  phases of the investigation, pretrial, and post adjudication, including:
(1) Packaging each item of biological
				  evidence separately to prevent contamination;
(2) Labeling, marking for identification, and
				  sealing each package of evidence to preserve its chain-of-custody and to
				  prevent cross contamination, loss, or deleterious change; and
(3) Storing the evidence in climate
				  controlled conditions in a facility, which provides security and limited
				  access.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter K - COLLECTION, STORAGE, PRESERVATION, AND RETRIEVAL OF BIOLOGICAL EVIDENCE › Section 28.183 - Retrieval and Retention

Current through Reg. 49, No. 28; July 12, 2024
(a) The retention
				  and preservation schedule for biological evidence may be accessed in Code of
				  Criminal Procedure, Article 38.43(c).
(b) Long-term evidence retention should be
				  part of the governmental evidence-retention entity's evidence control
				  policy.
(c) A governmental
				  evidence-retention entity must have a system to catalog evidence so it is
				  possible to locate any retained biological evidence.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter L - CATALOGING, DELIVERY, AND DISPOSITION OF BIOLOGICAL EVIDENCE-COUNTY WITH POPULATION LESS THAN 100,000 › Section 28.191 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to the cataloging, delivery to the
					 department, and disposition of biological evidence for counties with a
					 population less than 100,000 as specified in Code of Criminal Procedure,
					 Article 38.43.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter L - CATALOGING, DELIVERY, AND DISPOSITION OF BIOLOGICAL EVIDENCE-COUNTY WITH POPULATION LESS THAN 100,000 › Section 28.192 - Cataloging

Current through Reg. 49, No. 28; July 12, 2024
(a) The following information must accompany
				  all evidence:
(1) full name of convicted
				  person, when applicable;
(2) date
				  of offense;
(3) county of
				  offense;
(4) offense;
(5) sentence that convicted person received,
				  when applicable;
(6) name of victim
				  of offense;
(7) name of
				  investigating agency with agency case/incident number; and
(8) inventory listing the items of biological
				  evidence.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter L - CATALOGING, DELIVERY, AND DISPOSITION OF BIOLOGICAL EVIDENCE-COUNTY WITH POPULATION LESS THAN 100,000 › Section 28.193 - Delivery

Current through Reg. 49, No. 28; July 12, 2024
(a) The items of biological evidence must be
				  packaged in a manner to avoid contamination.
(b) Each item shall be in a separate paper
				  package completely sealed.
(c) Each
				  package shall be labeled for identification.
(d) Multiple packages related to a single
				  offense may be placed into one outer container (box).
(e) The sealed and labeled box may be
				  delivered to the department warehouse site in person, by U.S. Postal Service,
				  or by private carrier. The Department of Public Safety Crime Laboratory
				  Bio-Evidence Storage warehouse address is DPS Crime Laboratory, Building C,
				  12230 West Road, Houston, Texas 77065-4523.
(f) The items must include a packing slip
				  containing the cataloging information as specified in §
										28.192(a)
				  of this title (relating to Cataloging).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter L - CATALOGING, DELIVERY, AND DISPOSITION OF BIOLOGICAL EVIDENCE-COUNTY WITH POPULATION LESS THAN 100,000 › Section 28.194 - Disposition of Evidence

Current through Reg. 49, No. 28; July 12, 2024
(a) The submitting
				  agency, prosecutor's office, or clerk's office shall notify the department at
				  the Bio-Evidence Storage warehouse address, DPS Crime Laboratory, Building C,
				  12230 West Road, Houston, Texas 77065-4523, within 30 days of the date the
				  inmate either completes his/her sentence, is released on parole or mandatory
				  supervision, or dies.
(b) Upon
				  receiving such notification, the department shall return the evidence to the
				  submitting agency, prosecutor's office, or clerk's office.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter M - MISCELLANEOUS › Section 28.201 - Sexual Assault Evidence in Cases Without Law Enforcement Reporting

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Code of Criminal Procedure, Article 56.065,
					 instructions and forms regarding the submission, transfer, and preservation of
					 evidence and allowable reimbursement are located at the Crime Laboratory
					 Service's homepage on the department's website at
					 www.dps.texas.gov.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 29 - PRACTICE AND PROCEDURE › Section 29.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) APA -- The
				Administrative Procedures Act, Texas Government Code §
									2001.001, et
				seq.
(2) Commission -- The Public
				Safety Commission.
(3) Contested
				case -- A contested case as defined by the APA.
(4) Department -- The Department of Public
				Safety.
(5) Director -- The
				director of the Department of Public Safety or the designee of the
				director.
(6) Party -- Each person
				or agency named.
(7) SOAH -- The
				State Office of Administrative Hearings.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 29 - PRACTICE AND PROCEDURE › Section 29.2 - Scope

Current through Reg. 49, No. 28; July 12, 2024
These rules govern the procedure for the institution, conduct
				  and determination of all contested cases under the department's jurisdiction.
				  These rules do not apply to cases under Texas Transportation Code, Chapters
				  521, 522, 524, and 724, except contested cases brought under the Ignition
				  Interlock Program, Texas Transportation Code, §§
									521.247,
				  521.2475, and
				  521.2476. These
				  rules do not apply to internal personnel matters of the
				  department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 29 - PRACTICE AND PROCEDURE › Section 29.3 - Institution of a Contested Case

Current through Reg. 49, No. 28; July 12, 2024
A contested case may be instituted by the department after a
				  person requests a hearing or declines a penalty.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 29 - PRACTICE AND PROCEDURE › Section 29.5 - Service of Notice of Hearing for Contested Cases-Motor Carrier

Current through Reg. 49, No. 28; July 12, 2024
(a) A notice of hearing shall be served on a
				respondent who is a motor carrier that is registered with the Texas Department
				of Motor Vehicles by certified mail, return receipt requested, or by personal
				delivery at:
(1) the last known address as
				reflected in the records or investigation of the department, or
(2) an alternative address specified in
				writing to the department by the respondent or the respondent's authorized
				representative after receipt of a notice of claim under §
										4.17
				of this title (relating to Notification and Hearing Processes ), or
(3) the address registered by the motor
				carrier with the Texas Department of Motor Vehicles.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 29 - PRACTICE AND PROCEDURE › Section 29.21 - Transcripts

Current through Reg. 49, No. 28; July 12, 2024
Contested case hearings shall be transcribed or recorded. The
				  cost of any transcription may be assessed against the party requesting it and
				  included in the final decision of the director or the director's
				  designee.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 29 - PRACTICE AND PROCEDURE › Section 29.24 - Discovery

Current through Reg. 49, No. 28; July 12, 2024
The scope of discovery in contested case proceedings under
				  this chapter is governed by the APA, 1 Texas Administrative Code, Part 7,
				  Chapter 155 (relating to Rules of Procedure); this chapter; and the Texas Rules
				  of Civil Procedure, as applicable.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 29 - PRACTICE AND PROCEDURE › Section 29.27 - Failure to Attend Hearing; Informal Disposition

Current through Reg. 49, No. 28; July 12, 2024
(a) If a respondent fails to appear in person
				or by authorized representative on the day and time set for hearing in the
				contested case, the department will ask the judge to dismiss the case from the
				docket and remand it to the department to informally dispose of the case by
				default.
(b) For purposes of this
				chapter, informal disposition means the removal of the matter as a contested
				case before SOAH, hearing officer, or other administrative entity with
				jurisdiction over the case. After the time period to contest the order of
				dismissal issued by the ALJ expires and the case is remanded to the department,
				the department will notify the respondent of the dismissal and the effective
				date of the administrative action.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 29 - PRACTICE AND PROCEDURE › Section 29.29 - Proof of Attorney's Fees, Costs, and Expenses of the Department

Current through Reg. 49, No. 28; July 12, 2024
(a) If authorized by statute, the department
				may submit evidence of costs, fees, expenses, and reasonable and necessary
				attorney's fees incurred by the department. Costs include all expenses incurred
				by the department in instituting and prosecuting the contested case. Costs
				specifically include, but are not limited to, investigative costs, witness fees
				and deposition expenses, travel expenses of witnesses, fees for professional
				services or expert witnesses, costs of adjudication before SOAH, and any other
				costs necessary for the preparation of the department's case including the cost
				of any transcriptions, or any other costs specifically provided for by
				statute.
(b) The department may
				submit evidence of costs, fees, expenses, and reasonable and necessary
				attorney's fees as part of its case-in-chief, by affidavit, or by motion after
				the issuance of the judge's proposal for decision. Postponement of the
				introduction of evidence of costs until after the issuance of a proposal for
				decision shall not constitute a waiver of the department's right to recover any
				part of its incurred costs.
(c)
				Once assessment of costs of the department are approved by order of the
				director, any payments which do not cover the administrative penalty and
				assessed costs in full shall be applied to payment of the costs until they are
				paid in full, then to the outstanding balance of the administrative
				penalty.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 29 - PRACTICE AND PROCEDURE › Section 29.30 - Final Decisions and Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				final decisions and orders shall be in writing and shall be signed by the chair
				of the Commission.
(b) The
				Commission's final decision may adopt the judge's findings and conclusions of
				law, setting out costs, fees, expenses, and reasonable and necessary attorneys'
				fees incurred by the department in bringing the proceeding.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 29 - PRACTICE AND PROCEDURE › Section 29.31 - Stay of Enforcement - Motor Carrier

Current through Reg. 49, No. 28; July 12, 2024
(a)
				A party filing an affidavit to stay enforcement of a penalty based on financial
				inability to give a supersedeas bond shall serve a copy of the affidavit by
				certified mail on the director or the director's designee. The affidavit shall
				be mailed to the attorney of record for the department in the contested
				case.
(b) A supersedeas bond filed
				under this rule shall be executed by a person authorized to do business in
				Texas as a surety.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 29 - PRACTICE AND PROCEDURE › Section 29.32 - Certified Record

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to the APA, §2001.177, a party seeking judicial
				  review of the final decision of the Commission in a contested case shall pay
				  all costs of preparing a record of the contested case
				  proceedings.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 29 - PRACTICE AND PROCEDURE › Section 29.33 - Conflicts

Current through Reg. 49, No. 28; July 12, 2024
If there is a conflict between the SOAH rules of procedure
				  and these rules of procedure, these rules shall control. If there is conflict
				  between these rules and the applicable statutes, the statutes shall
				  control.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 34 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter A - GENERAL › Section 34.1 - Purpose and Application

Current through Reg. 49, No. 28; July 12, 2024
These rules are intended to explain the process for the
					 negotiation and mediation of a claim of breach of contract asserted by a
					 contractor against the department under the Texas Government Code, Chapter
					 2260. These rules are not intended to replace department procedures relating to
					 breach of contract claims that are otherwise mandated by state or federal
					 law.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 34 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter A - GENERAL › Section 34.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meaning, unless the context clearly indicates
					 otherwise:
(1) Claim--A written demand
				  for damages by the contractor based upon the department's alleged breach of the
				  contract.
(2) Contract--A written
				  contract between the department and a contractor by the terms of which the
				  contractor agrees either:
(A) to provide
				  goods or services, by sale or lease, to or for the department; or
(B) to perform a project as defined by Texas
				  Government Code, §
											2166.001.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 34 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 34.21 - Notice of Claim of Breach of Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  contractor asserting a claim of breach of contract under the Texas Government
				  Code, Chapter 2260, shall file notice of the claim as provided by this
				  section.
(b) The notice of claim
				  shall:
(1) be in writing and signed by the
				  contractor or the contractor's authorized representative;
(2) clearly and unambiguously identify itself
				  as a notice of claim for damages;
(3) be delivered by hand, certified mail
				  return receipt requested, or other verifiable delivery service, to the officer
				  of the department designated in the contract to receive a notice of claim of
				  breach of contract under the Texas Government Code, Chapter 2260; if no person
				  is designated in the contract, the notice shall be delivered to the office of
				  the director of the department, and
(4) provide a detailed statement of the
				  following:
(A) the nature of the alleged
				  breach of contract, including the date of the event that the contractor asserts
				  as the basis of the claim and each contractual provision allegedly
				  breached;
(B) an itemization of
				  damages that resulted from the alleged breach, including the amount and method
				  used to calculate those damages; and
(C) the legal theory of recovery for each
				  damage claim.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 34 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 34.22 - Counterclaim

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may submit a counterclaim
				  under the provisions of Texas Government Code, Chapter 2260.
(b) The notice of counterclaim shall:
(1) be in writing;
(2) be delivered by hand, certified mail
				  return receipt requested or other verifiable delivery service to the contractor
				  or representative of the contractor who signed the notice of claim of breach of
				  contract; and
(3) provide the
				  following:
(A) the nature of the
				  counterclaim;
(B) the damages or
				  offsets sought, including the amount and method used to calculate those damages
				  or offsets; and
(C) the legal
				  theory supporting the counterclaim.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 34 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 34.23 - Duty to Negotiate

Current through Reg. 49, No. 28; July 12, 2024
The parties shall negotiate in accordance with the
					 timetable set forth in §
										34.24 of
					 this chapter (relating to Timetable) to attempt to resolve all claims and
					 counterclaims. No party is obligated to settle with the other party as a result
					 of the negotiation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 34 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 34.25 - Conduct of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
(a) Negotiation is
				  a consensual bargaining process in which the parties attempt to resolve a claim
				  and counterclaim. A negotiation under this subchapter may be conducted by any
				  method, technique, or procedure authorized under the contract or agreed upon by
				  the parties. If the parties choose to mediate, it shall be conducted in
				  accordance with Subchapter C of this chapter.
(b) To facilitate the meaningful evaluation
				  and negotiation of the claim(s) and any counterclaim(s), the parties may
				  exchange relevant documents that support their respective claims, defenses,
				  counterclaims or positions.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 34 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 34.26 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
The parties' settlement approval procedures shall be
					 disclosed prior to, or at the beginning of, negotiations. To the extent
					 possible, the parties shall select negotiators who are knowledgeable about the
					 subject matter of the dispute, who are in a position to reach agreement, and
					 who can credibly recommend approval of an agreement.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 34 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 34.27 - Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A settlement
				  agreement may resolve an entire claim or any designated and severable portion
				  of a claim.
(b) To be enforceable,
				  a settlement agreement must be in writing and signed by representatives of the
				  contractor and the department who have authority to bind each respective
				  party.
(c) A partial settlement
				  does not waive either of the parties' rights under the Texas Government Code,
				  Chapter 2260, as to the parts of the claims or counterclaims that are not
				  resolved.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 34 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 34.28 - Costs of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
Unless the parties expressly agree otherwise, each party
					 shall be responsible for its own costs incurred in connection with a
					 negotiation, including, without limitation, the costs of attorney's fees,
					 consultant's fees and expert's fees.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 34 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 34.29 - Request for Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  a claim for breach of contract is not resolved in its entirety through
				  negotiation, mediation or other assisted negotiation process in accordance with
				  this chapter on or before the 270th day after the department receives the
				  notice of claim, or after the expiration of any extension agreed to by the
				  parties pursuant to §
										34.24(f)
				  of this chapter (relating to Timetable), the contractor may file a request for
				  a contested case hearing before SOAH. The claim shall be filed with the
				  department.
(b) A request for a
				  contested case hearing shall state the legal and factual basis for the claim,
				  and shall be delivered to the director of the department or other officer
				  designated in the contract to receive notice within a reasonable time (not to
				  exceed 30 days) after either the 270th day or the expiration of any written
				  extension agreed to pursuant to §
										34.24(f)
				  of this chapter (relating to Timetable).
(c) The department shall forward the
				  contractor's request for contested case hearing to SOAH within a reasonable
				  period of time (not to exceed 30 days) after receipt of the request.
(d) The parties may agree to submit the case
				  to SOAH before the 270th day after the notice of claim is received by the
				  department if they have achieved a partial resolution of the claim or if an
				  impasse has been reached in the negotiations and proceeding to a contested case
				  hearing would serve the interests of justice.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 34 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 34.51 - Mediation Timetable

Current through Reg. 49, No. 28; July 12, 2024
The contractor and department may agree to mediate a claim
					 through an impartial third party. For purposes of this subchapter, "mediation"
					 is assigned the meaning set forth in the Civil Practice and Remedies Code,
					 §
										154.023. The mediation
					 is subject to the provisions of the Governmental Dispute Resolution Act, Texas
					 Government Code, Chapter 2009. The parties may be assisted in the mediation by
					 legal counsel or other individual.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 34 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 34.52 - Qualifications and Immunity of the Mediator

Current through Reg. 49, No. 28; July 12, 2024
The mediator shall possess the qualifications required
					 under Civil Practice and Remedies Code, §
										154.052,
					 be subject to the standards and duties prescribed by Civil Practice and
					 Remedies Code, §
										154.053
					 and have the qualified immunity prescribed by Civil Practice and Remedies Code,
					 §
										154.055,
					 if applicable. The parties should decide whether, and to what extent, knowledge
					 of the subject matter and experience in mediation would be advisable for the
					 mediator. The parties should obtain from the prospective mediator the ethical
					 standards that will govern the mediation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 34 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 34.53 - Confidentiality of Mediation and Final Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
A mediation conducted under this section is confidential in
					 accordance with Texas Government Code, §
										2009.054.
					 However, a final settlement agreement to which the department is a signatory
					 that is reached as a result of the mediation is governed by the Public
					 Information Act, Texas Government Code, Chapter 552.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 34 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 34.54 - Costs of Mediation

Current through Reg. 49, No. 28; July 12, 2024
Unless the parties agree otherwise, each party shall be
					 responsible for its own costs incurred in connection with a mediation,
					 including costs of document reproduction for documents requested by such party,
					 attorney's fees, and consultant or expert fees. The costs of the mediation
					 process itself shall be divided equally between the parties.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 34 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 34.55 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
The parties' settlement approval procedures shall be
					 disclosed by the parties prior to the mediation. To the extent possible,
					 representatives of the parties shall be knowledgeable about the subject matter
					 of the dispute, who are in a position to reach agreement, and who can credibly
					 recommend approval of an agreement.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 34 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 34.56 - Initial Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
Any settlement agreement reached during the mediation shall
					 be signed by the representatives of the contractor and the department, and
					 shall describe any procedures that are required to be followed by the parties
					 in connection with final approval of the agreement.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 34 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 34.57 - Final Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A final
				  settlement agreement reached during, or as a result of mediation, that resolves
				  an entire claim or any designated and severable portion of a claim or
				  counterclaim shall be in writing and signed by representatives of the
				  contractor and the department who have authority to bind each respective
				  party.
(b) If the settlement
				  agreement does not resolve all issues raised by the claim and counterclaim, the
				  agreement should identify the issues that are not resolved.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 34 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 34.58 - Referral to the State Office of Administrative Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) If mediation does not resolve the claim,
				  the contractor may request that the claim be referred to SOAH by the department
				  in accordance with §
										34.29
				  of this title (relating to Request for Contested Case Hearings).
(b) SOAH procedural rules shall control a
				  contested case proceeding brought under this chapter. The rules contained in 37
				  Texas Administrative Code, Chapter 29 (relating to Practice and Procedure), are
				  not applicable.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter A - GENERAL PROVISIONS › Section 35.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The terms in this section have the following meanings when
					 used in this chapter unless the context clearly indicates otherwise:
(1) Act--Texas Occupations Code, Chapter
				  1702.
(2) Application--Includes an
				  application for an original, renewal, duplicate or updated individual license,
				  security officer commission, or company license issued under the Act.
(3) Company representative - An individual on
				  the basis of whose qualifications a company license has been
				  obtained.
(4) Department--The Texas
				  Department of Public Safety.
(5)
				  Licensee--An individual or company currently licensed under the Act. The term
				  includes those holding a commission as a security officer.
(6) Mechanical security device--Any device
				  designed to control the opening or closing of a room, building, safe, vault,
				  lockbox, safety deposit box, or motor vehicle, and which is not an electric
				  access control device or alarm system as defined by the Act.
(7) SOAH--The State Office of Administrative
				  Hearings.
(8) Television camera or
				  still camera system--Any device or system of devices that produces a visual
				  image or series of images either recorded, transmitted through an intranet or
				  internet protocol based device, or monitored by security personnel, for the
				  purposes of private security or surveillance. The phrase does not refer to a
				  television camera or still camera system used exclusively:
(A) To monitor traffic conditions on public
				  roads;
(B) To detect motor vehicle
				  violations on public roads;
(C) For
				  telephone or video conferencing;
(D) To monitor a manufacturing
				  process;
(E) For medical purposes
				  by medical practitioners;
(F) By a
				  courtroom reporter or videographer to record depositions or testimony;
				  or
(G) By a licensed private
				  investigator who installs, operates, and maintains ownership of the system for
				  the purposes of an ongoing investigation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter A - GENERAL PROVISIONS › Section 35.2 - Employment Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Individuals
				  licensed by the department to perform a regulated service may only perform such
				  services for companies licensed under the Act. A person may not contract
				  directly with a client to perform a regulated service unless licensed by the
				  department as a company under the Act.
(b) The employment relationship between a
				  licensed company and its individually licensed or commissioned employees must
				  be such that the licensee's commercial liability insurance policy provides the
				  statutorily required coverage for claims arising from the regulated services
				  provided on behalf of the licensee by its employees. The failure to maintain
				  and provide current documentation of such coverage is a violation of the
				  Act.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter A - GENERAL PROVISIONS › Section 35.3 - Individual License Applicant Pre-Employment Check

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to §1702.230 of the Act,
				  the pre-employment background check of the applicant described in subsection
				  (c) of this section must be conducted when:
(1) An application meeting the requirements
				  of §
											35.21
				  of this title (relating to Individual License Applications) is
				  submitted;
(2) The department's
				  website does not indicate the application is complete within 48 hours after the
				  submission of the applicant's fingerprints; and
(3) Regulated services are to be performed by
				  the applicant prior to issuance of the license.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter A - GENERAL PROVISIONS › Section 35.5 - Standards of Conduct

Current through Reg. 49, No. 28; July 12, 2024
(a) The State Seal
				  of Texas may not be displayed as part of a uniform or identification card, or
				  markings on a motor vehicle, other than such items prepared or issued by the
				  department.
(b) All licensees and
				  company representatives shall cooperate fully with any investigation conducted
				  by the department, including but not limited to the provision of employee
				  records upon request by the department and compliance with any subpoena issued
				  by the department. Commissioned security officers and personal protection
				  officers shall cooperate fully with any request of the Medical Advisory Board
				  made pursuant to Health and Safety Code, §
										12.095
				  relating to its determination of the officer's ability to exercise sound
				  judgment with respect to the proper use and storage of a handgun. Violation of
				  this subsection may result in the suspension of the license or commission for
				  the duration of the noncompliance.
(c) An individual licensee issued a pocket
				  card shall carry the pocket card on or about their person while on duty and
				  shall present same to a peace officer or to a representative of the department
				  upon request.
(d) A company license
				  holder may not require a customer provide any documentation certifying that the
				  customer has received a COVID-19 vaccination, or is in post-transmission
				  recovery, to gain entry to the licensee's premises or to receive regulated
				  services from the license holder.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter A - GENERAL PROVISIONS › Section 35.6 - Contract and Notification Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A company license holder shall inform the
				  client of the right to a written contract describing the fees to be charged and
				  the services to be rendered.
(b) If
				  requested, a written contract for regulated services shall be furnished to a
				  client within seven (7) days.
(c)
				  The written contract shall be dated and signed by the owner or other individual
				  expressly authorized to execute contracts on behalf of the licensee.
(d) Within seven (7) days of contracting for
				  regulated services with another licensee, the licensee shall:
(1) Notify the recipient of those services of
				  the name, address, and telephone number, and individual to contact at the
				  company that purchased the contract;
(2) Notify the recipient of services at the
				  time the contract is negotiated that another licensed company may provide any,
				  all or part of the services requested by subcontracting or outsourcing those
				  services; and
(3) Notify the
				  recipient of services of the name, address, phone number, and license number of
				  the company providing those services, if any of the services are subcontracted
				  or outsourced to a licensed third party.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter A - GENERAL PROVISIONS › Section 35.7 - Firearm Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Commissioned
				  security officers and personal protection officers may only carry firearms of a
				  category recognized in subsection (b) of this section, and only if:
(1) The commissioned security officers and
				  personal protection officers have been formally trained in the use of the
				  specific category of firearm being carried as required under the Act and this
				  chapter; and
(2) The commissioned
				  security officers and personal protection officers have submitted documentation
				  of the required training to the department (unless authorized under subsection
				  (h) of this section).