reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter E - APPROVED ONLINE COURSE PROVIDERS › Section 6.90 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) An approved
				  online course provider may be subject to disciplinary action for violations of
				  this chapter or the Act. The figure in this section provides the administrative
				  penalty schedule for violations.
Attached Graphic
(b) If multiple violations are
				  found, the department may impose separate penalties for each violation as noted
				  on the penalty schedule. The department may require multiple suspension periods
				  be served consecutively based on the severity, duration, frequency and
				  seriousness of the violations.
(c)
				  Any violation of the same category committed after a prior finalized violation
				  will be subject to an enhanced penalty. A finalized violation is a violation
				  that was finally adjudicated or was not requested to be reviewed under
				  §411.180 and §411.191 of the Act.
(d) The department may impose an enhanced
				  penalty in cases involving particularly egregious, dangerous, or intentional
				  violations.
(e) Review of the
				  department's actions under this section are governed by §411.191 of the
				  Act.
(f) No courses may be offered
				  or conducted following a final suspension or revocation of the approved online
				  provider's certification. Applications for a license to carry a handgun
				  submitted based on a course taken from an approved online course provider whose
				  certification is suspended or revoked will be rejected as incomplete.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter E - APPROVED ONLINE COURSE PROVIDERS › Section 6.91 - Renewal of Approved Online Course Provider Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) The certificate of an approved online
				  course provider expires on December 31 following the second anniversary after
				  the date the certificate was issued.
(b) To renew certification, an approved
				  online course provider must pay a fee of $100 and successfully complete the
				  retraining courses required by the department. An approved online course
				  provider whose certificate has expired may renew the certificate up to one year
				  after its expiration. After one year, the provider must reapply as a new
				  approved online course provider applicant.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter E - APPROVED ONLINE COURSE PROVIDERS › Section 6.92 - Online Renewal Course for Approved Online Course Provider Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) An online renewal course for approved
				  online course providers will be conducted every alternate renewal period.
				  Approved online course provider applicants who are eligible for online
				  retraining under §411.190(d-1) of the Act will be notified.
(b) An approved online course provider who is
				  eligible to take the renewal course online must complete the course prior to
				  the expiration of the approved online course provider's current certificate,
				  but not earlier than six months prior to the date of expiration. If the
				  approved online course provider fails to complete the course within six months
				  of the date of expiration, the application will be terminated and the
				  individual will be required to submit a new application.
(c) A written examination must be taken and
				  passed with a minimum score of 80%.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter F - SUSPENSION AND REVOCATION PROCEDURES › Section 6.96 - First Responder Certification Courses

Current through Reg. 49, No. 28; July 12, 2024
(a) The first responder training course
				  described in Government Code, §
										411.184
				  may only be provided by a certified first responder instructor, and must be
				  taught using the department approved curriculum, training materials, and
				  examinations.
(b) Following the
				  classroom portion and the practical exercises, students must pass both the
				  department approved final written examination and proficiency demonstration
				  with a score of 90% or better on each. Students with a score of less than 90%
				  on the final written examination and the proficiency demonstration will not
				  receive a first responder certificate from the department.
(c) On completion of the first responder
				  training course, the certified first responder instructor who conducted the
				  course shall submit a report within five business days to the department
				  indicating whether the participants in the course passed or failed. The report
				  must be submitted in the manner determined by the department.
(d) Certified first responder instructors
				  must comply with this chapter's rules relating to license to a qualified
				  handgun instructor license course scheduling, reporting, and record retention
				  unless otherwise provided in this section.
(e) Certified first responder instructors
				  must submit all failures of written examinations and proficiency demonstrations
				  to the department on the class completion notification. The notification must
				  indicate whether the failure occurred after the handgun license applicant had
				  been given three opportunities to pass the examinations.
(f) On successful completion of the written
				  examinations or proficiency demonstrations, the qualified handgun instructor,
				  shall certify the applicant has established the applicant's proficiency on the
				  form and in the manner determined by the department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 8 - CAPITOL COMPLEX › Subchapter A - PROTECTION OF STATE BUILDINGS AND GROUNDS › Section 8.1 - General

Current through Reg. 49, No. 28; July 12, 2024
(a) Under the authority of Texas Government
				  Code, §§
										411.061 -
				  411.067,
				  the department is authorized to protect the grounds, public buildings, and
				  property of the state, to regulate parking, and to control entrance to
				  state-owned buildings; and to regulate displays and other public use of state
				  buildings.
(b) The department has
				  designated Region 7 as the primary unit responsible for carrying out its
				  responsibilities in the Capitol Complex.
(c) Within the Capitol Complex, the
				  department will strive to provide a safe work environment for state officials
				  and employees; to protect the grounds, public buildings, and property of the
				  state; to regulate parking; to regulate entrance to and public use of
				  state-owned buildings; and to investigate criminal activity occurring in these
				  locations.
(d) These rules shall
				  be applicable to state buildings and property within the Capitol Complex.
(e) The provisions of these rules
				  pertaining to public buildings and grounds do not apply to buildings and
				  grounds of:
(1) institutions of higher
				  education, as defined by the Texas Education Code, §
											61.003, as amended;
(2) state agencies to which
				  control has been specifically committed by law; and
(3) state agencies that have demonstrated
				  ability and competence to maintain and control their buildings and grounds and
				  to which the commission has delegated that authority.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 8 - CAPITOL COMPLEX › Subchapter A - PROTECTION OF STATE BUILDINGS AND GROUNDS › Section 8.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the meanings as detailed in this section, unless the context clearly
					 indicates otherwise.
(1) Board--The
				  State Preservation Board.
(2)
				  Buildings and state buildings--State-owned buildings and property within the
				  Capitol Complex.
(3) Capitol
				  Complex--Property located in Austin, Texas, to the extent the property is owned
				  by or under the control of the state; bounded on the north by the inside curb
				  of Martin Luther King, Jr. Boulevard, on the east by the outside curb of
				  Trinity Street, on the south by the outside curb of 10th Street, and on the
				  west by the outside curb of Lavaca Street; the William P. Clements State Office
				  Building located at 300 West 15th Street; and other locations under the
				  jurisdiction of the Texas Department of Public Safety as may be approved by the
				  director.
(4) Commission--The
				  Texas Facilities Commission.
(5)
				  Department--The Texas Department of Public Safety.
(6) Director--The director of the Texas
				  Department of Public Safety.
(7)
				  Electronic security access card--An electronic security access card issued by
				  the Texas Department of Public Safety or other authorized state agency.
(8) Park or parking--To stand an
				  occupied or unoccupied vehicle, other than temporarily while loading or
				  unloading merchandise or passengers.
(9) Region 7--Members of the Deputy
				  Director's Special Staff, to include uniformed and non-uniformed, commissioned
				  and non-commissioned employees of the Texas Department of Public Safety.
(10) Stand or standing--To halt an
				  occupied or unoccupied vehicle, other than temporarily while receiving or
				  discharging passengers.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 8 - CAPITOL COMPLEX › Subchapter A - PROTECTION OF STATE BUILDINGS AND GROUNDS › Section 8.3 - Use of Capitol Rotunda and Grounds

Current through Reg. 49, No. 28; July 12, 2024
(a) Public
				  use of the Capitol Building, the Capitol Extension, the Capitol Grounds, and
				  the Old General Land Office Building is governed by rules promulgated by the
				  board.
(b) Members of Region 7 are
				  hereby authorized to enforce those rules adopted by the board.
(c) Members of Region 7 will provide
				  protective and security services to the Capitol Building, the Capitol
				  Extension, the Capitol Grounds, and the Old General Land Office
				  Building.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 8 - CAPITOL COMPLEX › Subchapter A - PROTECTION OF STATE BUILDINGS AND GROUNDS › Section 8.5 - Emergency Evacuation

Current through Reg. 49, No. 28; July 12, 2024
(a) Evacuation
				  order. The commander of the Capitol Regional Command Office, or the ranking
				  department officer on duty, may order evacuation of all or any part of the
				  Capitol Building or other state buildings in the event of a fire, bomb threat,
				  or any other threat to life and/or property. In the event of a potentially
				  harmful situation at the Capitol Building which does not pose an imminent
				  threat to the health or safety of the occupants and visitors nor to the
				  buildings or grounds themselves, the department shall inform the board and take
				  such action as approved by the board.
(b) Floor managers. A floor manager shall be
				  appointed for each floor in each state building in the Capitol Complex.
				  Occupying state agencies shall make their appointments in cooperation with the
				  department and with other agencies and these floor managers shall assist the
				  department in clearing the buildings during emergency evacuations.
(c) Use of elevators. No elevators shall be
				  used during an emergency evacuation except to transfer handicapped persons from
				  areas to be evacuated to places of safety and only then with the approval of a
				  member of the department or a fire official.
(d) Evacuation of building floors. No one
				  shall be allowed on floors to be evacuated during the period of the threat
				  except department officers, floor managers, and duly authorized peace officers
				  and firemen.
(e) Readmission to
				  evacuated areas. A department officer shall give the all-clear signal and
				  permit readmission to the evacuated areas only when the threat has passed.
(f) Notification. In all instances
				  enumerated in subsection (a) of this section, the Fire and Safety Office of the
				  State Preservation Board will immediately be notified by the Capitol Regional
				  Command Office and should be represented at the scene.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 8 - CAPITOL COMPLEX › Subchapter A - PROTECTION OF STATE BUILDINGS AND GROUNDS › Section 8.6 - Fire and Safety Inspection

Current through Reg. 49, No. 28; July 12, 2024
Members of the department will continually be alert for
					 conditions constituting fire or safety hazards. When such conditions are
					 discovered, a written report will be made and a copy will be forwarded to the
					 appropriate section of the commission. In areas under the jurisdiction of the
					 Capitol fire marshal and State Preservation Board, such reports will also be
					 forwarded to those entities.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 8 - CAPITOL COMPLEX › Subchapter A - PROTECTION OF STATE BUILDINGS AND GROUNDS › Section 8.7 - Prohibited Weapons

Current through Reg. 49, No. 28; July 12, 2024
(a) Firearms,
				  explosive weapons, illegal knives, clubs, and knuckles, as defined in the Texas
				  Penal Code, §
										46.01, and prohibited
				  weapons as defined in the Texas Penal Code, §
										46.06, are not permitted
				  in state buildings or on state grounds covered under this subchapter, except in
				  the possession of:
(1) a licensed peace
				  officer;
(2) as to a handgun or
				  nightstick, a properly licensed private security officer while working under an
				  approved department contract and the contract authorizes the use of an armed
				  guard; or
(3) a person who is
				  licensed to carry a handgun, under Texas Government Code, Chapter 411,
				  Subchapter H, or those who are 21 years of age or older and not otherwise
				  prohibited by state or federal law from possessing a firearm provided that such
				  a person may only carry a handgun in a place and under circumstances where not
				  otherwise prohibited by law.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 8 - CAPITOL COMPLEX › Subchapter A - PROTECTION OF STATE BUILDINGS AND GROUNDS › Section 8.8 - Solicitation in State Buildings

Current through Reg. 49, No. 28; July 12, 2024
(a) No individual,
				  corporation, association, or organization may be permitted in state buildings
				  for the purpose of:
(1) selling, or offering
				  for sale, any real property, goods, or services; or
(2) soliciting gifts of money, or gifts of
				  property, without regard to the charitable nature of such gifts, or the method
				  of solicitation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 8 - CAPITOL COMPLEX › Subchapter A - PROTECTION OF STATE BUILDINGS AND GROUNDS › Section 8.10 - Access to General Services Areas in State Buildings

Current through Reg. 49, No. 28; July 12, 2024
(a) Persons other than commission employees
				  requiring access to space assigned to the Buildings and Property Services
				  Division of the commission (mechanical rooms, electrical equipment rooms,
				  telephone rooms, mechanical chases, data closets, and roofs of buildings) in
				  the state buildings under their care and control shall submit their requests,
				  in writing, to the director of the commission.
(b) Upon written approval from the director
				  of the commission, the department will notify the chief executive of the
				  affected agency before approving and providing access as approved by the
				  commander or his designee of the Capitol Regional Command Office.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 8 - CAPITOL COMPLEX › Subchapter A - PROTECTION OF STATE BUILDINGS AND GROUNDS › Section 8.11 - Security of State Office Buildings

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department is authorized to conduct security surveys of state-owned buildings
				  to determine the need for security equipment and on-site security personnel. If
				  it is determined that a need exists, these services may be provided if funding
				  is available. The regulations detailed in this section will apply to security
				  devices and personnel.
(1) Video security
				  systems. In order to meet legal requirements pertaining to chain of custody of
				  evidence, all video security systems located in public or common access areas
				  (exterior doors, lobbies, loading docks, etc.) will be under the control of the
				  department.
(2) Electronic
				  security access. Electronic security access systems installed on exterior and
				  interior building doors must be approved by, and in the case of exterior
				  building doors controlled by the computer security system of the department.
				  Capitol visitor screening equipment (x-ray machines and metal detector units)
				  will be under the control of the department.
(3) Security personnel. When a verified need
				  exists for on-site security personnel in a state-owned building, the department
				  is authorized to assign its personnel to the location or after receiving a
				  written request from the chief executive of the agency requesting security
				  services, the department shall assist with developing a contract with a private
				  security agency to provide the personnel. In order to ensure fair and equitable
				  security for all agencies housed in a building, all contracts for private
				  security personnel in a state building must be approved by the department.
(4) Funding. If the department
				  does not have funds to provide services or equipment under this section, other
				  state agencies may enter into interagency contracts to reimburse the department
				  for such costs.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 8 - CAPITOL COMPLEX › Subchapter B - UNMANNED AERIAL VEHICLES › Section 8.21 - Unmanned Aerial Vehicles Prohibited

Current through Reg. 49, No. 28; July 12, 2024
An unmanned aerial vehicle may not be operated in or over
					 state property including land and buildings in the Capitol Complex as defined
					 by Government Code, §
										411.061 unless
					 authorized as provided under §
										8.22
					 of this title (relating to Limited Use Authorization to Operate Unmanned Aerial
					 Vehicles).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 8 - CAPITOL COMPLEX › Subchapter B - UNMANNED AERIAL VEHICLES › Section 8.22 - Limited Use Authorization to Operate Unmanned Aerial Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) Capitol grounds. An unmanned aerial
				  vehicle may be operated in or over the capitol grounds if advance limited use
				  authorization has been obtained from the State Preservation Board. The operator
				  shall comply with all terms of the limited use authorization in operating the
				  vehicle. Authorization from the State Preservation Board extends only to the
				  capitol grounds area and does not extend to the Capitol Complex.
(b) Capitol Complex area. An unmanned aerial
				  vehicle may be operated in or over the Capitol Complex area if advance limited
				  use authorization has been obtained from the Texas Facilities Commission. The
				  operator shall comply with all terms of the limited use authorization in
				  operating the vehicle. Authorization from the Texas Facilities Commission
				  extends only to the Capitol Complex area and does not extend to the capitol
				  grounds.
(c) Other authorizations.
				  An unmanned aerial vehicle may be operated within the Capitol Complex by:
(1) a law enforcement agency or person
				  operating under contract with a law enforcement agency; or
(2) any state, federal, or local government
				  agency or contractor for that agency that is using the unmanned aerial vehicle
				  to perform a governmental function.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter A - DISASTER COMMUNICATIONS › Section 9.1 - Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Notification. The Texas Department of
				  Public Safety (DPS) has the responsibility for gathering information on actual
				  or threatened emergencies and disaster situations and transmitting such
				  information through channels to DPS state headquarters. Such information will
				  be sent as soon as practical and by the most expeditious means available to:
(1) the director;
(2) public information office;
(3) assistant director, Texas Division of
				  Emergency Management;
(4) regional
				  commander;
(5) captain of district
				  where incident occurred;
(6) state
				  coordinator;
(7) district
				  coordinator; and
(8) others, as
				  local policy dictates.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter A - DISASTER COMMUNICATIONS › Section 9.2 - Disaster and Emergency Warnings

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Texas Department of Public Safety (DPS or the department) and the National
				  Weather Service (NWS) have entered into a cooperative program of tornado and
				  severe weather warnings. National Weather Service forecasts for general areas
				  where severe weather or tornadoes may develop are transmitted to DPS offices in
				  the forecast area and to the emergency operations center in the department
				  state headquarters. Department personnel, local police agencies, and local
				  officials are notified to be on the alert should conditions become threatening.
				  When suspicious cloud formations appear on the NWS radar, the NWS will request
				  the department to make visual observations at the location indicated and report
				  the findings of the observer to the NWS through established communications
				  channels. This request for visual observation will be made to the nearest
				  department office. When the visual observation corroborates the radar finding
				  that severe weather exists, an appropriate warning is issued by the NWS to
				  local officials in all communities in the affected area.
(b) When the NWS requests visual observation
				  of a suspected severe weather area, department personnel involved will comply
				  with the request and report findings. On occasions when no severe weather
				  forecast has been issued nor a sighting made on radar, and locally severe
				  storms (damaging hail, high winds, flash floods, or tornado) occur in an area
				  or community, it is the responsibility of the department personnel to report
				  such occurrences to state headquarters as soon as practicable through proper
				  channels and by the most expeditious means of communications. Address this
				  information to the regional commander, highway patrol captain, and state and
				  district coordinators in the region and district where such weather occurred.
				  The message shall contain, as a minimum, the following:
(1) kind of storm;
(2) location;
(3) number of casualties and fatalities, if
				  any;
(4) extent of damage with
				  special reference to schools, hospitals, public utilities, and public property;
				  and
(5) action being
				  taken.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter B - EMERGENCY COMMUNICATIONS PROCEDURE › Section 9.11 - Emergency Conditions

Current through Reg. 49, No. 28; July 12, 2024
(a) Emergency
				  identified. When a condition exists that endangers the life or safety of
				  officers or citizens to the extent that uninterrupted communications with
				  another station or stations is required, other stations and units within the
				  radiating pattern may be directed to transmit only emergency
				  communications.
(b) Responsibility.
				  The responsibility for initiation of emergency operations for any given
				  incident rests with the officer or supervisor involved in the emergency
				  situation. The communications operator may initiate the procedure when it
				  becomes apparent that an officer is too deeply involved in the incident to make
				  the request or when contact has been lost with an officer who has indicated
				  involvement or possibility of involvement in an emergency situation.
(c) Initiation of procedure. When such
				  emergency conditions arise, the communications operator at the communications
				  facility involved should, at the earliest possible moment, make a general
				  broadcast to units and stations within the area served advising of the
				  emergency limitations. If interference occurs from units or stations not aware
				  of the emergency conditions, they should be directly, briefly, and courteously
				  acquainted with the situation to avoid further interruptions.
(d) Termination procedure. When it is
				  apparent that the emergency conditions no longer exist, the communications
				  operator will confer with the officers involved in the incident to determine if
				  and when the emergency procedures will be terminated. When the decision has
				  been made to terminate, the operator will make a general broadcast to stations
				  and units involved, advising of the termination so that normal communications
				  may be resumed.
(e) Notification of
				  in-line supervisors. The immediate supervisors of department services involved
				  in an emergency situation will be notified of the existing conditions.
				  Supervisors are responsible for keeping abreast of the situation in case the
				  situation worsens or major decisions become necessary.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter C - AMBER ALERT NETWORK FOR ABDUCTED CHILDREN › Section 9.21 - Statewide Coordination of AMBER Alert Network

Current through Reg. 49, No. 28; July 12, 2024
The AMBER Alert Network was developed as a statewide
					 emergency response system for abducted children. The network is designed to be
					 activated in instances involving true child abductions. Activation of the
					 network outside the established criteria will ultimately cause the public to
					 disregard the notifications and the system will lose effectiveness. In order to
					 maintain a high level of effectiveness, the department and local law
					 enforcement must ensure that the circumstances justifying activation are
					 accurately evaluated in order to implement the network in a responsible manner.
					 AMBER Alert activations must be limited to those instances where the statutory
					 criteria for activation are clearly established by the specific facts of the
					 case.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter C - AMBER ALERT NETWORK FOR ABDUCTED CHILDREN › Section 9.22 - Local Law Enforcement Responsibility

Current through Reg. 49, No. 28; July 12, 2024
A local law enforcement agency with jurisdiction over the
					 investigation of an abducted child may submit a request for activation of the
					 AMBER Alert Network. The request must be submitted using the appropriate Texas
					 Department of Public Safety (DPS) form, available on the DPS website. A local
					 law enforcement agency may submit the form after it has verified that all
					 statutory criteria for activation are clearly established by the specific facts
					 of the case.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter C - AMBER ALERT NETWORK FOR ABDUCTED CHILDREN › Section 9.23 - Department Responsibility

Current through Reg. 49, No. 28; July 12, 2024
The department shall review a request for activation to
					 confirm that the request meets the statutory criteria for activation. The
					 department will not activate the network until the local law enforcement agency
					 has clearly established that all statutory criteria for activation are
					 satisfied.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter C - AMBER ALERT NETWORK FOR ABDUCTED CHILDREN › Section 9.24 - Activation and Deactivation

Current through Reg. 49, No. 28; July 12, 2024
AMBER Alert Network activations and deactivations are made
					 according to the procedures specified in the current Statewide Texas AMBER
					 Alert Network Plan.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter D - SILVER ALERT NETWORK › Section 9.31 - Purpose of Silver Alert Network

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Silver Alert Network ("network") was developed as a statewide emergency
				  response system for certain missing senior citizens and individuals diagnosed
				  with Alzheimer's disease. The network is designed to be activated when a
				  missing senior citizen, 65 years of age or older with a diagnosed impaired
				  mental condition or when any person diagnosed with Alzheimer's disease poses a
				  credible threat to his or her health and safety.
(b) A diagnosed impaired mental condition
				  means a mental condition or disorder as defined by the current version of the
				  Diagnostic and Statistical Manual as a clinically significant behavioral or
				  psychological syndrome or pattern that occurs in an individual and that is
				  associated with present distress or disability or with a significantly
				  increased risk of suffering death, pain, disability, or an important loss of
				  freedom. In addition, this individual's current condition presents a
				  significant level of impairment to pose a credible threat to the individual's
				  health and safety. The condition, e.g., Alzheimer's disease or dementia, shall
				  be documented by a medical or mental health professional.
(c) Activation of the network outside the
				  established criteria will ultimately cause the public to disregard the
				  notifications, and the system will lose effectiveness. In order to maintain a
				  high level of effectiveness, the department and local law enforcement must
				  ensure that the circumstances justifying activation are accurately evaluated in
				  order to implement the network in a responsible manner.
(d) Network activations must be limited to
				  those instances where the statutory criteria for activation are clearly
				  established by the specific facts of the case. The department has complete
				  discretion in making the final determination about the activation of the Silver
				  Alert Network.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter D - SILVER ALERT NETWORK › Section 9.32 - Local Law Enforcement Responsibility

Current through Reg. 49, No. 28; July 12, 2024
A local law enforcement agency with jurisdiction over the
					 investigation of a missing person may submit a request for activation of the
					 Silver Alert Network. The request must be submitted using the appropriate Texas
					 Department of Public Safety (DPS) form, available on the DPS website. A local
					 law enforcement agency may submit the form after it has verified that all
					 statutory criteria for activation are clearly established by the specific facts
					 of the case. Local law enforcement shall provide documentation of a diagnosed
					 impaired mental condition with the request for activation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter D - SILVER ALERT NETWORK › Section 9.33 - Department Responsibility

Current through Reg. 49, No. 28; July 12, 2024
The department shall review a request for activation to
					 confirm that the request meets the statutory criteria for activation. The
					 department will not activate the network until the local law enforcement agency
					 has clearly established that all statutory criteria for activation are
					 satisfied.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter D - SILVER ALERT NETWORK › Section 9.34 - Activation and Deactivation

Current through Reg. 49, No. 28; July 12, 2024
Silver Alert Network activations and deactivations are made
					 according to the procedures specified in the current Silver Alert standard
					 operating guidelines.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter E - ENDANGERED MISSING PERSONS ALERT › Section 9.41 - Purpose of Endangered Missing Persons Alert

Current through Reg. 49, No. 28; July 12, 2024
(a) The Endangered Missing Persons Alert
				  Network (the network) was developed as a statewide emergency response system
				  for those missing persons with an intellectual disability. The network is
				  designed to be activated when the disappearance of a missing person with a
				  diagnosed intellectual disability poses a credible threat to his or her health
				  and safety.
(b) A diagnosed
				  intellectual disability will be determined according to the procedure
				  prescribed by Health and Safety Code, §
										593.005.
(c) Activation of the network outside the
				  established criteria will ultimately cause the public to disregard the
				  notifications, and the system will lose effectiveness. In order to maintain a
				  high level of effectiveness, the department and local law enforcement must
				  ensure that the circumstances justifying activation are accurately evaluated in
				  order to implement the network in a responsible manner.
(d) Network activations must be limited to
				  those instances where the criteria for activation are clearly established by
				  the specific facts of the case. The department's determination on the
				  activation of the Endangered Missing Persons Alert Network is a final
				  determination.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter E - ENDANGERED MISSING PERSONS ALERT › Section 9.42 - Local Law Enforcement Responsibility

Current through Reg. 49, No. 28; July 12, 2024
A local law enforcement agency with jurisdiction over the
					 investigation of a missing person may submit a request for activation of the
					 Endangered Missing Persons Alert Network. The request must be submitted using
					 the appropriate Texas Department of Public Safety (DPS) form, available on the
					 DPS website. If a local law enforcement agency determines to notify the
					 department, the local law enforcement agency shall submit the form after it has
					 verified that all criteria for activation are clearly established by the
					 specific facts of the case. Local law enforcement shall provide documentation
					 of a diagnosed intellectual disability with the request for
					 activation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter E - ENDANGERED MISSING PERSONS ALERT › Section 9.43 - Department Responsibility

Current through Reg. 49, No. 28; July 12, 2024
The department shall review a request for activation to
					 confirm that the request meets the established criteria for activation. The
					 department will not activate the network until the local law enforcement agency
					 has clearly established that all criteria for activation are
					 satisfied.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter E - ENDANGERED MISSING PERSONS ALERT › Section 9.44 - Activation and Deactivation

Current through Reg. 49, No. 28; July 12, 2024
Endangered Missing Persons Alert Network activations and
					 deactivations are made according to the procedures specified in the current
					 Endangered Missing Persons Alert standard operating
					 guidelines.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter F - STATE AMATEUR RADIO OPERATOR SERVICE › Section 9.61 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context shall clearly
					 indicate otherwise.
(1)
				  Department--Texas Department of Public Safety.
(2) FCC--Federal Communications
				  Commission.
(3) Program--The
				  State's Amateur Radio Program.
(4)
				  RACES--Radio Amateur Civil Emergency Service.
(5) ROL--Radio Operator Leave.
(6) SRO--State RACES Officer.
(7) TDEM--Texas Division of Emergency
				  Management.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter F - STATE AMATEUR RADIO OPERATOR SERVICE › Section 9.62 - Statewide Coordination of State Employees Who Are Amateur Radio Operators Supporting Disasters

Current through Reg. 49, No. 28; July 12, 2024
Amateur radio operators are often needed to assist in
					 communications in an emergency. There was no mechanism to allow state employees
					 who are amateur radio operators to take paid leave in order to assist in
					 disaster response operations as there is for other needed state employees. In
					 response, Texas Government Code, §
										661.919
					 authorizes state employees who are amateur radio operators to, with certain
					 limitations, take leave in order to participate in disaster relief operations
					 with the approval of their supervisor and the governor. A maximum of 350 State
					 employees may be granted a maximum of 10 days of leave with pay per year to
					 participate in disaster response operations, within the State of
					 Texas.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter F - STATE AMATEUR RADIO OPERATOR SERVICE › Section 9.63 - Application Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Individuals
				  wishing to apply for membership eligibility may register at the TDEM Website:
				  www.txdps.state.tx.us/dem.
(b)
				  Entries must be legibly written in pen or must be typed.
(c) A copy of the individual's current FCC
				  license must be attached to the completed application.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter F - STATE AMATEUR RADIO OPERATOR SERVICE › Section 9.64 - Eligibility Certification Procedures

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Code of Federal Regulations, Title 47,
					 §97.407, the FCC requires that all amateur radio operators be certified by
					 the emergency management organization the individual supports. The Assistant
					 Director of TDEM is the certifying official for the program. Certification will
					 be for a 3 year period. Applicants will resubmit applications at the conclusion
					 of the 3 year period. If the maximum number of 350 employees has been reached,
					 renewals will be on a "first come basis".
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter F - STATE AMATEUR RADIO OPERATOR SERVICE › Section 9.65 - Pay and Benefits

Current through Reg. 49, No. 28; July 12, 2024
A state employee who is a member of the program may be
					 granted leave not to exceed a maximum of 10 days per fiscal year to participate
					 in specialized disaster relief services without a deduction in salary or loss
					 of vacation time, sick leave, earned overtime credit, or state compensatory
					 time, if the leave is taken. The actions listed in this section are required
					 for the employee to use the granted leave:
(1) The employee must have the authorization
				  of their agency/supervisor.
(2) The
				  Governor has issued a declaration of a State of Disaster or Emergency, under
				  Texas Government Code, Chapter 418, or another occurrence that initiates the
				  State Emergency Management Plan.
(3) State employees will use the payroll code
				  ROL to account for time taken to support an authorized event.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter F - STATE AMATEUR RADIO OPERATOR SERVICE › Section 9.66 - Termination from the Program

Current through Reg. 49, No. 28; July 12, 2024
If a member does not actively participate in the program or
					 the member's conduct does not reflect positively upon the program, the member
					 will be removed from the program for just cause. The SRO or the member's
					 supervisor, as applicable will provide documentation detailing the lack of
					 participation or negative conduct. Just cause will be, but is not limited to,
					 any of the following actions detailed in this section:
(1) Fraudulent representation on the
				  application.
(2) Failure to
				  maintain current personal information.
(3) Failure to maintain the standards of the
				  eligibility requirements.
(4)
				  Failure to perform response duties when the time has been granted.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter F - STATE AMATEUR RADIO OPERATOR SERVICE › Section 9.67 - Liability/Workers' Compensation Coverage

Current through Reg. 49, No. 28; July 12, 2024
The Texas Labor Code, §
										501.026,
					 Coverage For Certain Services Provided By Volunteers, states the requirements
					 which must be met in order for a person working as a volunteer to be eligible
					 to claim workers' compensation benefits.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter F - STATE AMATEUR RADIO OPERATOR SERVICE › Section 9.68 - Reports

Current through Reg. 49, No. 28; July 12, 2024
In order to manage the program and to better inform the
					 amateur radio operator of activities affecting them, a scheduled reporting
					 system is necessary. The reports listed in this section should be submitted as
					 described:
(1) Support verification
				  report. The support verification report will be submitted by the state
				  employee(s) participating in the program. The initial report will be submitted
				  to employee's agency within 2 days of returning to work. The agency will review
				  and submit the original report to the department within 5 days of receiving the
				  report. One copy will be retained by the employee and one copy will be retained
				  by the employee's agency. The original report will be mailed to the department.
				  The mailing address is: Texas Department of Public Safety, Texas Division of
				  Emergency Management, P.O. Box 4087, Attention: Operations, Austin, Texas
				  78773-0001.
(2) State agency
				  report. The state agency report should be submitted on a semiannual basis
				  (January 15 and July 15). The state agency report should include the items
				  listed in this paragraph:
(A) Period
				  covered.
(B) Agency name.
(C) Name and telephone number of the
				  individual submitting the report.
(D) Name of the agency employee(s)
				  participating in the program.
(E)
				  Brief description of emergencies/disasters the employee(s) responded
				  to.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter G - BLUE ALERT NETWORK › Section 9.81 - Purpose of Blue Alert Network

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Blue Alert Network ("network") was developed as a statewide emergency response
				  system to aid in the apprehension of an individual(s) suspected of killing or
				  causing serious bodily injury to a law enforcement officer. The network is
				  designed to be activated when a law enforcement officer is killed or has
				  suffered bodily injury and the investigating agency believes the missing
				  suspect poses a threat to other law enforcement officers and to the public.
(b) Activation of the network
				  outside the established criteria will ultimately cause the public to disregard
				  the notifications, and the system will lose effectiveness. In order to maintain
				  a high level of effectiveness, the department and local law enforcement must
				  ensure that the circumstances justifying activation are accurately evaluated in
				  order to implement the network in responsible manner.
(c) Network activations must be limited to
				  those instances where the statutory criteria for activation are clearly
				  established by the specific facts of the case. The department has complete
				  discretion in making the final determination about the activation of the Blue
				  Alert Network.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter G - BLUE ALERT NETWORK › Section 9.82 - Local Law Enforcement Responsibility

Current through Reg. 49, No. 28; July 12, 2024
A local law enforcement agency with jurisdiction over the
					 investigation of a killed or a seriously injured officer may submit a request
					 for activation of the Blue Alert network. The request must be submitted using
					 the appropriate Texas Department of Public Safety (DPS) form, available on the
					 DPS website. A local law enforcement agency may submit the form after it has
					 verified that all statutory criteria for activation are clearly established by
					 the specific facts of the case. Local law enforcement shall provide a detailed
					 description of the missing suspect and, if applicable, any available portion of
					 the license plate number of a motor vehicle used by the
					 suspect.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter G - BLUE ALERT NETWORK › Section 9.83 - Department Responsibility

Current through Reg. 49, No. 28; July 12, 2024
The department shall review a request for activation to
					 confirm that the request meets the statutory criteria for activation. The
					 department will not activate the network until the local law enforcement agency
					 has clearly established that all statutory criteria for activation are
					 satisfied.