reglab/statecodes huggingface dataset:
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 9.84 - Activation and Deactivation

Current through Reg. 49, No. 28; July 12, 2024
Blue Alert network activations and deactivations are made
					 according to the procedures specified in the current Blue 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 H - CAMO ALERT NETWORK › Section 9.91 - Purpose of Camo Alert Network

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Camo Alert Network is a statewide emergency response system for registered
				  missing military members, whose whereabouts are unknown, who have registered
				  for the network, and suffer from a mental illness, including post-traumatic
				  stress disorder or a traumatic brain injury. Military members can access the
				  registration form on the Texas Department of Public Safety (DPS)
				  website.
(b) In order to maintain a
				  high level of effectiveness, the department and local law enforcement must
				  accurately evaluate the circumstances according to established criteria to
				  justify activation of the network.
(c) The department has complete discretion in
				  making the final determination about the activation of the Camo Alert Network.
				  Clearly established facts of the case will limit those instances where the
				  statutory criteria for activation are not met.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter H - CAMO ALERT NETWORK › Section 9.92 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The terms in this section have the following meanings when
					 used in this subchapter unless the context clearly indicates otherwise:
(1) Mental illness--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. This condition must
				  present a significant level of impairment that poses a credible threat to the
				  individual's health and safety or the health and safety of another individual.
(2) Military member--Has the
				  meaning assigned by Texas Government Code, §
										411.461(3).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter H - CAMO ALERT NETWORK › Section 9.93 - 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 requests activation by submitting the DPS
					 form, available on the DPS website. A local law enforcement agency may submit
					 the form after it has verified the facts of the case meet the alert activation
					 criteria. Local law enforcement shall verify documentation of a diagnosed
					 mental illness 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 H - CAMO ALERT NETWORK › Section 9.94 - 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 H - CAMO ALERT NETWORK › Section 9.95 - Activation and Deactivation

Current through Reg. 49, No. 28; July 12, 2024
Camo Alert Network activations and deactivations are made
					 according to the procedures specified in the current Camo 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 I - COORDINATED LAW ENFORCEMENT ADULT RESCUE (CLEAR) ALERT NETWORK › Section 9.101 - urpose of CLEAR Alert Network

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Coordinated Law Enforcement Adult Rescue (CLEAR) Alert Network ("network") is a
				  statewide emergency response system for missing adults 18 to 64 years of age
				  whose whereabouts are unknown and are in imminent danger of bodily injury or
				  death, or the disappearance is involuntary.
(b) In order to maintain a high level of
				  effectiveness, the department and local law enforcement must accurately
				  evaluate the circumstances according to established criteria to justify
				  activation.
(c) The department has
				  complete discretion in making the final determination about the activation of
				  the CLEAR Alert Network. Clearly established facts of the case will limit those
				  instances where the statutory criteria for activation are not met.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter I - COORDINATED LAW ENFORCEMENT ADULT RESCUE (CLEAR) ALERT NETWORK › Section 9.102 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The terms in this section have the following meanings when
					 used in this subchapter unless the context clearly indicates otherwise:
(1) Bodily injury--Has the meaning assigned
				  by Penal Code, §
										1.07.
(2) Imminent danger--Ready to take place,
				  near at hand, impending, hanging threateningly over one's head, menacingly
				  near.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter I - COORDINATED LAW ENFORCEMENT ADULT RESCUE (CLEAR) ALERT NETWORK › Section 9.103 - 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 requests activation by submitting 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 the facts of the case meet the alert activation
					 criteria.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 9 - PUBLIC SAFETY COMMUNICATIONS › Subchapter I - COORDINATED LAW ENFORCEMENT ADULT RESCUE (CLEAR) ALERT NETWORK › Section 9.104 - 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 I - COORDINATED LAW ENFORCEMENT ADULT RESCUE (CLEAR) ALERT NETWORK › Section 9.105 - Activation and Deactivation

Current through Reg. 49, No. 28; July 12, 2024
CLEAR Alert Network activations and deactivations will be
					 made according to the procedures specified in the current CLEAR Alert standard
					 operating guidelines.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 10 - IGNITION INTERLOCK DEVICE › Subchapter A - GENERAL PROVISIONS › Section 10.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the meanings detailed in this section, unless indicated
					 otherwise.
(1) Act--Texas
				  Transportation Code, §§
										521.241,
				  521.247,
				  521.2475,
				  and
				  521.2476.
(2) Appropriate judicial authority--Court
				  orders or personnel of the Texas judicial system including but not limited to
				  the court or judge ordering an installation, or the related probation, parole,
				  or pretrial service authorities.
(3) Authorization--The authority granted by
				  the department to a vendor to engage in the business of installing or servicing
				  ignition interlock devices.
(4)
				  Department--The Texas Department of Public Safety.
(5) IID or device--An ignition interlock
				  device as defined in Texas Transportation Code, §
										521.241(2).
(6) Mobile unit--A motor vehicle equipped to
				  perform interlock device service or installation at a temporary
				  location.
(7) Service center--A
				  fixed physical location at which interlock device installation, service, or
				  removal is performed.
(8)
				  Vendor--One who engages in the business of installation, service, or removal of
				  ignition interlock devices at a service center or with a mobile unit.
(9) Manufacturer--The actual producer of the
				  device.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 10 - IGNITION INTERLOCK DEVICE › Subchapter A - GENERAL PROVISIONS › Section 10.2 - Address and Business Information

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Vendors and manufacturers of approved devices shall at all times maintain on
				  file with the department the current mailing and principal place of business
				  addresses. Vendors shall maintain on file with the department the physical
				  addresses of all service centers, and a current and valid electronic mail
				  address. The principal place of business address of a vendor must be a physical
				  address and may not be a post office box.
(b) Vendors and manufacturers of approved
				  devices shall notify the department within 30 calendar days of any change to
				  the mailing or business address by submitting the appropriate department
				  approved form.
(c) Vendors and
				  manufacturers of approved devices shall notify the department within 30
				  calendar days of any change of ownership or company name change by submitting
				  the appropriate department approved form.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 10 - IGNITION INTERLOCK DEVICE › Subchapter A - GENERAL PROVISIONS › Section 10.3 - Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) The department is entitled to rely on the
				  mailing and electronic mail address currently on file for all purposes relating
				  to notification. The failure to maintain a current mailing address and an
				  electronic mail address with the department is not a defense to any action
				  based on the vendor's, manufacturer's, or applicant's failure to
				  respond.
(b) Service of notice upon
				  a vendor, manufacturer, or applicant is complete and receipt is presumed upon
				  the date the notice is sent, if sent before 5:00 p.m. by facsimile or
				  electronic mail, and 3 business days following the date sent if by regular
				  United States mail.
(c) The
				  department may send notice of denials or revocations by electronic mail;
				  regular United States mail; certified mail, return receipt requested; or
				  hand-delivery. Refused or unclaimed certified mail will be presumed to have
				  been received as provided by subsection (b) of this section.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 10 - IGNITION INTERLOCK DEVICE › Subchapter A - GENERAL PROVISIONS › Section 10.4 - Informal Hearing; Settlement Conference

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who receives notice of the
				  department's intention to deny an application for device approval or for vendor
				  authorization, to suspend or revoke a vendor authorization, or to impose an
				  administrative fine, may appeal the decision by submitting a request to appeal
				  by mail, facsimile, or electronic mail, to the department in the manner
				  provided on the department's Ignition Interlock Device Program website, within
				  thirty (30) calendar days after receipt of notice of the department's proposed
				  action. If a timely written request to appeal is not submitted, the right to an
				  informal hearing or settlement conference, as applicable, and to a hearing
				  before the State Office of Administrative Hearings, is waived, and the proposed
				  action becomes final.
(b) If the
				  action is based on the person's criminal history, an informal, telephonic
				  hearing will be scheduled. Following the hearing, the department will either
				  dismiss the proceedings and withdraw the proposed action, or issue a written
				  statement of findings to the respondent either upholding or modifying the
				  original proposed action.
(c) If
				  the proposed action is based on an administrative violation, or concerns the
				  denial of an application for device approval, a settlement conference will be
				  scheduled. The settlement conference may be conducted in person or by
				  telephone, by agreement of the parties. Following the settlement conference,
				  the parties will execute an agreed order, or, if no agreement is reached, the
				  department will issue a written determination either upholding or modifying the
				  originally proposed action.
(d) The
				  department's findings resulting from the informal hearing, or its determination
				  following a settlement conference, may be appealed as provided in § 10.5
				  of this title (relating to Hearing Before the State Office of Administrative
				  Hearings). If a written request is not submitted within thirty (30) calendar
				  days of the date notice was received, the findings or determination shall
				  become final.
(e) Requests for
				  continuance must be submitted in writing at least three (3) business days prior
				  to the scheduled hearing or conference. Requests must be based on good cause.
				  Multiple requests may be presumed to lack good cause and may be denied on that
				  basis.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 10 - IGNITION INTERLOCK DEVICE › Subchapter A - GENERAL PROVISIONS › Section 10.5 - Hearing Before the State Office of Administrative Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) The department's findings following an
				  informal hearing, or its determination following a settlement conference, may
				  be appealed to the State Office of Administrative Hearings by submitting a
				  request by mail, facsimile, or electronic mail, to the department in the manner
				  provided on the department's Ignition Interlock Device website, within thirty
				  (30) calendar days after receipt of the findings or determination.
(b) Following adequate notice of the hearing,
				  failure of the respondent to appear at the time of hearing shall entitle the
				  department to request from the administrative law judge an order dismissing the
				  case from the docket and to informally dispose of the case on a default
				  basis.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 10 - IGNITION INTERLOCK DEVICE › Subchapter A - GENERAL PROVISIONS › Section 10.6 - Disqualifying Offenses

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  Texas Occupations Code, §
										53.021(a)(1),
				  the department may deny an application for authorization or revoke an
				  authorization if the applicant or vendor has been convicted of a felony or
				  misdemeanor that directly relates to the duties and responsibilities of an
				  ignition interlock vendor, as provided in this section.
(b) The department has determined the types
				  of offenses detailed in subsection (b)(1) - (4) of this section directly relate
				  to the duties and responsibilities of ignition interlock device vendors. A
				  conviction for an offense within one (1) or more of the categories in this
				  subsection may result in the denial of an application (initial or renewal) for
				  a vendor authorization or the revocation of an authorization. The Texas Penal
				  Code references provided in this subsection are for illustrative purposes and
				  are not intended to exclude similar offenses in other state or federal codes.
				  The types of offenses directly related to the duties and responsibilities of
				  vendors include, but are not limited to:
(1)
				  Theft (any offense within Texas Penal Code, Chapter 31);
(2) Fraud (any offense within Texas Penal
				  Code, Chapter 32);
(3) Bribery and
				  Corrupt Influence (any offense within Texas Penal Code, Chapter 36);
				  and
(4) Perjury and Other
				  Falsification (any offense within Texas Penal Code, Chapter 37).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 10 - IGNITION INTERLOCK DEVICE › Subchapter B - VENDOR AUTHORIZATION › Section 10.11 - Application; Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) Application for
				  vendor authorization must be made in the manner required by the department. The
				  application must contain all materials or information required by this chapter,
				  and the initial inspection fee must be paid as provided in §
										10.15 of
				  this title (relating to Inspections and Fees).
(b) If the applicant is an entity other than
				  an individual, the applicant must identify each partner or shareholder who owns
				  a 25% or greater interest in the entity, the director of the entity, and each
				  officer of the entity who oversees the entity's regulated functions.
(c) In order to obtain an authorization, the
				  vendor must have:
(1) All necessary equipment
				  and tools for the proper installation, removal, inspection, calibration,
				  repair, and maintenance, of the type of IID(s) to be installed or serviced by
				  the vendor, as determined by the device manufacturer and standard industry
				  protocols;
(2) A designated waiting
				  area separate from the installation area, to ensure customers do not observe
				  the installation of the IID; and
(3) Proof of liability insurance providing
				  coverage for damages arising out of the operation or use of IIDs with a minimum
				  policy limit of $1,000,000 per occurrence and $3,000,000 aggregate
				  total.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 10 - IGNITION INTERLOCK DEVICE › Subchapter B - VENDOR AUTHORIZATION › Section 10.12 - Vendor Standards

Current through Reg. 49, No. 28; July 12, 2024
Vendors shall comply with the standards detailed in this
					 section:
(1) Perform a visual
				  inspection of the device and the vehicle in which it is installed to ensure
				  that no tampering or circumvention has occurred. Evidence of tampering with an
				  IID shall be reported to the judicial authority responsible for ordering the
				  specific installation involved, to the supervising officer if any, and to the
				  department, not later than 48 hours after the vendor discovers the evidence of
				  tampering;
(2) Document and retain
				  the records on the removal of any device by the vendor;
(3) Maintain a record of each complaint by a
				  customer relating to the operation of the device, including:
(A) name of the customer;
(B) judicial authority ordering the
				  installation;
(C) date of the
				  complaint;
(D) nature of the
				  complaint;
(E) identifying
				  information related to the device; and
(F) name of individual who received the
				  complaint;
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 10 - IGNITION INTERLOCK DEVICE › Subchapter B - VENDOR AUTHORIZATION › Section 10.13 - Denial of Application for Vendor Authorization

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may deny an application
				  for vendor authorization if:
(1) The
				  applicant attempts to obtain an authorization by means of fraud,
				  misrepresentation, or concealment of a material fact;
(2) The applicant's prior authorization has
				  been revoked and the basis for the revocation remains;
(3) The applicant fails to satisfy the
				  standards for equipment and facilities, or insurance, as required by this
				  chapter;
(4) The applicant, or the
				  applicant's partner, shareholder, director or officer as described in §
											10.11 of
				  this title (relating to Application; Renewal) is disqualified under § 10.6
				  of this title (relating to Disqualifying Offenses); or
(5) Otherwise violates the Act or this
				  chapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 10 - IGNITION INTERLOCK DEVICE › Subchapter B - VENDOR AUTHORIZATION › Section 10.14 - Reprimand, Suspension, or Revocation Of Vendor Authorization

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may reprimand, suspend, or
				  revoke an authorization if the vendor:
(1)
				  Fails to submit the required reports to the department pursuant to §
											10.12
				  of this title (relating to Vendor Standards);
(2) Willfully or knowingly submits false,
				  inaccurate, or incomplete information to the department;
(3) Violates any provision of §
											10.12
				  of this title;
(4) Fails to pay the
				  annual inspection fee as provided in §
											10.15 of
				  this title (relating to Inspections and Fees);
(5) Violates any law of this state relating
				  to the conduct of business in this state;
(6) Is determined to be disqualified, or if a
				  vendor's partner, shareholder, director or officer as described in §
											10.11 of
				  this title (relating to Application; Renewal) is disqualified, under §
				  10.6 of this title (relating to Disqualifying Offenses); or
(7) Otherwise violates the Act or this
				  chapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 10 - IGNITION INTERLOCK DEVICE › Subchapter B - VENDOR AUTHORIZATION › Section 10.15 - Inspections and Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) To ensure
				  compliance with the standards and procedures provided in this chapter and in
				  the Act, the department will conduct an initial inspection at the department's
				  discretion, prior to or following the issuance of the authorization and on an
				  annual basis.
(b) The inspection
				  fee shall be $450. The fee for the initial inspection shall be paid at the time
				  of original application for authorization. The fee for each subsequent annual
				  inspection shall be paid within 60 calendar days of notification. Revocation
				  action may be initiated per § 10.14 of this title (relating to Revocation
				  of Vendor Authorization) if payment of the annual inspection fee is not made
				  within 60 calendar days of notification. Inspection fees are neither refundable
				  nor transferable.
(c) Should a fee
				  payment be returned or dishonored, the applicant or vendor must promptly make
				  payment by cashier's check or money order. If payment is not made within 30
				  calendar days of notification, the application will be abandoned as
				  "incomplete". If the authorization was issued prior to notification of the
				  insufficiency of funds, and proper payment is not made within 30 calendar days
				  of notification, revocation proceedings will be initiated under § 10.14 of
				  this title.
(d) Failure to
				  cooperate with the department representative during an inspection may result in
				  denial of an application or revocation of an authorization.
(e) This section does not preclude the
				  department from investigating complaints or conducting audits at the
				  department's discretion for which no fee will be charged.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 10 - IGNITION INTERLOCK DEVICE › Subchapter B - VENDOR AUTHORIZATION › Section 10.16 - Low Breath Volume Medical Exemption

Current through Reg. 49, No. 28; July 12, 2024
The minimum breath sampling size of an IID may be reduced
					 to 1.2 liters for a device user with diminished lung capacity. Diminished
					 capacity may be established through documentation from the appropriate judicial
					 authority, advising of the necessity for the lower breath volume requirement.
					 This documentation should be maintained in the manner required of calibration
					 and maintenance records under § 10.12 of this title (relating to Vendor
					 Standards).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 10 - IGNITION INTERLOCK DEVICE › Subchapter B - VENDOR AUTHORIZATION › Section 10.17 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to
				  or in lieu of discipline imposed pursuant to §
										10.14
				  of this title (relating to Reprimand, Suspension, and Revocation of Vendor
				  Authorization) the department may impose an administrative penalty on a person
				  who violates this chapter or the Act.
(b) The graphic in this subsection reflects
				  the department's penalty schedule applicable to administrative penalties
				  imposed under this section. For any violation not expressly addressed in the
				  penalty schedule, the department may impose a penalty not to exceed $500.00 for
				  the first (1st) violation. For the second (2nd) violation within the preceding
				  one (1) year period, the penalty may not exceed $1,000.00.
Attached Graphic
(c) Upon receipt of a
				  notice of administrative penalty under this section, a person may request a
				  hearing before the department pursuant to §
										10.4 of this
				  title (relating to Informal Hearing; Settlement Conference). The failure to
				  timely appeal the proposed action will result in the issuance of a final
				  order.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 10 - IGNITION INTERLOCK DEVICE › Subchapter C - MILITARY SERVICE MEMBERS, VETERANS, AND SPOUSES - SPECIAL CONDITIONS FOR VENDOR AUTHORIZATIONS › Section 10.21 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
For purposes of this subchapter, the terms 'military
					 service member', 'military veteran', and 'military spouse' have the meanings
					 provided in Texas Occupations Code, §
										55.001.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 10 - IGNITION INTERLOCK DEVICE › Subchapter C - MILITARY SERVICE MEMBERS, VETERANS, AND SPOUSES - SPECIAL CONDITIONS FOR VENDOR AUTHORIZATIONS › Section 10.22 - Exemption from Penalty for Failure to Renew in Timely Manner

Current through Reg. 49, No. 28; July 12, 2024
An individual who holds a vendor authorization issued under
					 the Act is exempt from any increased fee or other penalty for failing to renew
					 the authorization in a timely manner if the individual establishes to the
					 satisfaction of the department the individual failed to renew the authorization
					 in a timely manner because the individual was serving as a military service
					 member.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 10 - IGNITION INTERLOCK DEVICE › Subchapter C - MILITARY SERVICE MEMBERS, VETERANS, AND SPOUSES - SPECIAL CONDITIONS FOR VENDOR AUTHORIZATIONS › Section 10.23 - Extension of Authorization Renewal Deadlines for Military Members

Current through Reg. 49, No. 28; July 12, 2024
A military service member who holds a vendor authorization
					 issued under the Act, is entitled to 2 years of additional time to
					 complete:
(1) Any continuing education
				  requirements; and
(2) Any other
				  requirement related to the renewal of the person's authorization.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 10 - IGNITION INTERLOCK DEVICE › Subchapter C - MILITARY SERVICE MEMBERS, VETERANS, AND SPOUSES - SPECIAL CONDITIONS FOR VENDOR AUTHORIZATIONS › Section 10.24 - Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual
				  who is a military service member, military veteran, or military spouse may
				  apply for a vendor authorization under this section if the individual:
(1) Holds a current authorization issued by
				  another jurisdiction with licensing requirements substantially equivalent to
				  the Act's requirements for the authorization; or
(2) Within the 5 years preceding the
				  application date, held a vendor authorization in this state.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 10 - IGNITION INTERLOCK DEVICE › Subchapter D - IGNITION INTERLOCK DEVICE APPROVAL › Section 10.31 - Application for Device Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior
				  to submission of the request for approval, the device model must be tested for
				  compliance with model specifications for breath alcohol ignition interlock
				  devices established by the National Highway Traffic Safety Administration
				  (NHTSA) at one or more independent laboratories not affiliated with the device
				  manufacturer or the applicant seeking device approval. The testing
				  specifications must be the most current ignition interlock model specifications
				  published by NHTSA at the time that approval is requested. The testing
				  laboratory must be accredited to the ISO 17025:2005 standard, or to a similar
				  standard with an accreditation scope appropriate to the testing of breath
				  alcohol ignition interlock devices.
(b) An application for approval of a device
				  must include:
(1) A written request for
				  approval with contact information for the applicant;
(2) A production model of the device that is
				  to be approved;
(3) Manuals and
				  other documentation necessary for the installation and operation of the
				  device;
(4) Documentation of all
				  test data and results pursuant to the requirements of this section, with the
				  name(s) of and contact information for each testing laboratory;
(5) A certified check or money order in the
				  amount of $500.00, payable to the Texas Department of Public Safety, as a
				  nonrefundable administrative processing fee; and
(6) A notarized document describing the
				  results of the testing from each independent laboratory involved in
				  establishing NHTSA compliance. The document shall certify that the device model
				  complies with the most current specifications for breath alcohol ignition
				  interlock devices established by NHTSA.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 10 - IGNITION INTERLOCK DEVICE › Subchapter D - IGNITION INTERLOCK DEVICE APPROVAL › Section 10.32 - Denial of Request for Approval; Revocation of Device Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) A request for device approval may be
				  denied if the device fails to meet the requirements for approval.
(b) Prior approval of a device may be revoked
				  if changes in National Highway Traffic Safety Administration model
				  specifications are such that the device no longer meets the requirements for
				  approval.
(c) Denial of a request
				  for device model approval, or revocation of a prior approval, may be appealed
				  as provided in §
										10.4 of this
				  title (relating to Informal Hearing; Settlement Conference ).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 12.1 - 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 Health and Safety Code,
				  Chapter 487.
(2)
				  Application--Includes an original application for a registration or license, or
				  an application to renew a registration or license, issued under the
				  Act.
(3) Department--The Texas
				  Department of Public Safety.
(4)
				  Director--An individual involved in decisions governing the operation or daily
				  functions of the licensed dispensing organization, and any owner, partner, or
				  shareholder of the business with an ownership interest that exceeds 10
				  percent.
(5) Dispensing
				  organization--An organization licensed to perform the regulated functions of
				  cultivation, processing, and dispensing of low-THC cannabis.
(6) Employee--An individual engaged by or
				  contracting with a licensee to assist with any regulated function, whether or
				  not compensated by salary or wage.
(7) Licensee--An organization licensed under
				  the Act.
(8) Manager--An individual
				  employed or otherwise engaged by a dispensing organization to supervise others
				  in any portion of the regulated functions and processes.
(9) Prescription--An entry in the
				  compassionate-use registry that meets the requirements of Texas Occupations
				  Code, Chapter 169.
(10)
				  Product--Any form of low-THC cannabis that is cultivated, handled, transported,
				  processed, or dispensed, or raw materials used in or by-products created by the
				  production or cultivation of low-THC cannabis.
(11) Registrant--An individual registered
				  with the department as a director, manager, or employee of a licensee; this
				  term does not include a physician registered as a prescriber of low-THC
				  cannabis.
(12) Regulated
				  premises--The physical areas under the control of a licensee, in which low-THC
				  cannabis, or production related raw materials or by-products, are cultivated,
				  handled, transported, processed, or dispensed.
(13) SOAH--State Office of Administrative
				  Hearings.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 12.4 - Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Records required under the Act or this
				  chapter must be maintained and made available for inspection or copying for a
				  period of two (2) years. Records may be maintained in digital form so long as a
				  hard copy may be produced upon request of department personnel.
(b) In addition to any records otherwise
				  required to be maintained under the Act or this chapter, licensees must
				  specifically retain:
(1) Copies of all
				  application materials submitted to the department or relied on in making any
				  representation or affirmation in conjunction with the application
				  process;
(2) Purchase, sale, and
				  inventory records;
(3) Shipping
				  invoices, log books, records of duty status if applicable, delivery records and
				  manifests reflecting the recipient's acknowledgment and establishing the chain
				  of custody, relating to the transportation of:
(A) Low-THC cannabis and any cannabis sativa
				  plants intended for use in the processing of low-THC cannabis;
(B) Raw materials used in or by-products
				  created by the production or cultivation of low-THC cannabis;
(C) Drug paraphernalia used in the
				  production, cultivation or delivery of low-THC cannabis; or
(D) Waste material resulting from
				  cultivation, processing, or dispensing of low-THC cannabis.
(4) Security records, including
				  building access and visitor logs, video recordings, and transportation trip
				  plans;
(5) The licensee's drug-free
				  workplace policy;
(6) Records on
				  all registered directors, managers, and employees, including a color photograph
				  of the individual, a copy of the registration issued by the department, records
				  reflecting the individual's position, assigned duties, and work schedule, and a
				  copy of the company's drug-free workplace policy signed by the individual.
				  These records must be maintained for two (2) years from the date employment is
				  terminated;
(7) Records of any
				  disposal or destruction of waste materials resulting from cultivating,
				  processing, or dispensing low-THC cannabis;
(8) Records of any local or state regulatory
				  inspections, including state or local fire marshal inspections; and
(9) Records of all tests conducted in
				  compliance with §
											12.7
				  of this title (relating to Testing, Production, and Packaging).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 12.5 - Address on File

Current through Reg. 49, No. 28; July 12, 2024
(a) All licensees,
				  registrants, or applicants shall at all times maintain on file with the
				  department a current electronic mail address, physical mailing address,
				  facsimile number, and the physical address of each location at which low-THC
				  cannabis is cultivated, processed, or dispensed.
(b) All licensees or registrants shall notify
				  the department of any change to their addresses on file in the manner provided
				  on the department's website prior to the effective date of the change of
				  address.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 12.6 - Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) The department is entitled to rely on the
				  physical mailing address, the facsimile number, and the electronic mail address
				  currently on file for all purposes relating to notification. The failure to
				  maintain current addresses with the department is not a defense to any action
				  based on the licensee's, registrant's, or applicant's failure to
				  respond.
(b) Service of notice is
				  complete and receipt is presumed upon the date the notice is sent, if sent
				  before 5:00 p.m. by facsimile transmission or electronic mail, or three (3)
				  days following the date sent, if notice is sent by regular United States mail
				  or certified mail, return receipt requested.
(c) Unless otherwise specified by the Act,
				  notifications by the department may be by facsimile transmission, electronic
				  mail, regular U.S. mail, certified mail, return receipt requested, or
				  hand-delivery.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 12.7 - Testing, Production, and Packaging

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Licensees must comply with all applicable provisions of the Texas Agriculture
				  Code and the Texas Department of Agriculture's administrative rules, Title 4,
				  Part 1.
(b) Representative samples
				  of all processed products must be tested for the levels of tetrahydrocannabinol
				  and cannabidiol, and for residual solvents, pesticides, fungicides,
				  fertilizers, mold, and heavy metals, in accordance with applicable provisions
				  of the Texas Agriculture Code and Texas Department of Agriculture's
				  administrative rules, Title 4, Part 1, and Code of Federal Regulations, Title
				  16, Part 1107.
(c) Only pesticides
				  of minimum risk exempted under the Federal Insecticide, Fungicide, and
				  Rodenticide Act,
				  7 USC
				  §
											136, may be used on cannabis. The
				  pesticide's active ingredients may only be those listed in
				  40
				  CFR §
											152.25(f)(1). The
				  pesticide's inert ingredients may only be those that listed in
				  40
				  CFR §
											152.25(f)(2);
				  commonly consumed food commodities, animal feed items, and edible fats and oils
				  as provided in
				  40
				  CFR §
											180.950(a),(b) and
				  (c); and chemical substances listed in
				  40
				  CFR §
											180.950(e). All
				  pesticide ingredients (both active and inert) must be listed on the pesticide
				  container's label. The active ingredient(s) must be listed by label display
				  name and percentage by weight. Each inert ingredient must be listed by label
				  display name. The product may not bear claims to control or mitigate organisms
				  that pose a threat to human health, or insects or rodents carrying specific
				  diseases. The name of the producer or the company for whom the product was
				  produced and the company's contact information must be displayed prominently on
				  the product label. The label cannot include any false or misleading statements.
				  The label must comply with the Texas Department of Agriculture's administrative
				  rule, 4 TAC §
										7.11, relating
				  to Label Requirements.
(d) All
				  facilities must be inspected and approved for their use by a local fire code
				  official, or by the state fire marshal or local designee of the state fire
				  marshal, and must meet any required fire, safety, and building code
				  requirements specified in:
(1) National Fire
				  Protection Association (NFPA) standards;
(2) International Building Code
				  (IBC);
(3) International Fire Code
				  (IFC);
(4) Texas Department of
				  Insurance administrative rules, 28 TAC Chapter 34, concerning State Fire
				  Marshal; and
(5) Other applicable
				  standards including following all applicable fire, safety, and building codes
				  in processing and the handling and storage of the solvent or gas.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 12.8 - Inventory Control System

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensed
				  dispensing organization shall use a perpetual inventory control system that
				  identifies and tracks the licensee's stock of low-THC cannabis from the time it
				  is propagated from seed or cutting, to the time it is delivered to either
				  another licensee or patient or legal guardian.
(b) The inventory control system shall be
				  capable of tracking low-THC cannabis from a patient back to the source of the
				  low-THC cannabis in the event of a serious adverse event.
(c) The inventory control system shall be
				  designed to promptly identify a discrepancy and interact with the department's
				  centralized registry system.
(d)
				  Upon receipt of raw material for cultivation, a licensee shall record in the
				  inventory control system:
(1) The date
				  delivered; and
(2) The number of
				  clones or seeds delivered or the weight of the seeds for each variety in the
				  shipment.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter B - APPLICATION AND RENEWAL › Section 12.12 - Application for Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) In conjunction
				  with the dispensing organization's application for license, or prior to
				  employment with a currently licensed dispensing organization, directors,
				  managers, and employees must submit:
(1)
				  Identifiers, including the individual's full name, date of birth, telephone
				  number, electronic mail address, residential address, and driver license or
				  state-issued identification number; and
(2) Fingerprints submitted in the manner
				  approved by the department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter B - APPLICATION AND RENEWAL › Section 12.13 - Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) A license or registration may be renewed
				  at any time during the six (6) months prior to expiration.
(b) A renewal applicant must pass department
				  inspection prior to approval of the application. This requirement is satisfied
				  by an inspection within ninety (90) days prior to the submission of the renewal
				  application.
(c) An expired license
				  or registration may be renewed for up to six (6) months after the expiration
				  date. If the license has been expired for more than six (6) months, the former
				  license holder must submit an original license application to receive a license
				  in the future.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter B - APPLICATION AND RENEWAL › Section 12.14 - Application and Licensing Fees and Method of Payment

Current through Reg. 49, No. 28; July 12, 2024
(a) The application fee for a dispensing
				  organization license is $7,356. The license fee for a dispensing organization
				  is $488,520 for a two (2) year period.
(b) The fee for the biennial renewal of the
				  dispensing organization license is $318,511.
(c) The registration fee is $530 for both the
				  original registration and renewals.
(d) Payment of all fees must be made
				  electronically in the manner determined by the department.
(e) If payment is dishonored or reversed
				  prior to issuance of the license or registration, the application will be
				  rejected as incomplete. If the license or registration has been issued prior to
				  the payment being dishonored or reversed, revocation proceedings will be
				  initiated pursuant to §
										12.23 of
				  this title (relating to Revocation). The department may dismiss a pending
				  revocation proceeding upon receipt of payment of the full amount due, including
				  any additional processing fees.