reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.1002 - Technical Requirements - Towing Company Records

Current through Reg. 49, No. 28; July 12, 2024
(a) General records to be maintained. Except
				as provided in paragraphs (1) and (2), every towing company shall maintain at a
				principal office in Texas all records and information required by the
				department.
(1) Texas firms. If a towing
				company wishes to maintain records at a location other than its principal
				office in Texas, the towing company shall make a written request to the
				department. A tow company may not begin maintaining records at an alternate
				location until the request is approved by the department.
(2) Out-of-state firms. A towing company
				whose principal business address is located outside the state of Texas shall
				maintain records required under this section at its principal office in Texas.
				Alternatively, a towing company may maintain such records at an out-of-state
				facility if the towing company reimburses the department for necessary travel
				expenses and per diem for any inspections or investigations conducted under
				these rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 87 - USED AUTOMOTIVE PARTS RECYCLERS › Section 87.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
This chapter is promulgated under the authority of the Texas
				  Occupations Code, Chapter 51 and Chapter 2309.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 87 - USED AUTOMOTIVE PARTS RECYCLERS › Section 87.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise, or the words or terms conflict with a definition in the
				  Transportation Code, §
									RSA 501.002 or
				  § 501.091, or Occupations Code, Chapter 2309.
(1) Casual sale--The sale by a salvage
				vehicle dealer or an insurance company of not more than five nonrepairable
				motor vehicles or salvage motor vehicles to the same person during a calendar
				year. The term does not include:
(A) a sale
				at auction to a salvage vehicle dealer;
(B) the sale of an export-only motor vehicle
				to a person who is not a resident of the United States; or
(C) a sale to an insurance company,
				out-of-state buyer, or governmental entity.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 87 - USED AUTOMOTIVE PARTS RECYCLERS › Section 87.15 - Approval, Issuance or Denial of License

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will issue a license under
				this chapter to an applicant who meets all of the requirements of this chapter.
				The department may deny an application if the applicant has had a license
				revoked under this chapter or for any reason permissible by law.
(b) The department will issue a license
				containing a single unique license number for each used automotive parts
				recycling business license issued under this chapter.
(c) If an applicant is determined to be not
				qualified under this chapter, the department will advise the applicant in
				writing of the reasons the applicant is not qualified or the deficiencies in
				the application.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 87 - USED AUTOMOTIVE PARTS RECYCLERS › Section 87.20 - Licensing Requirements - Used Automotive Parts Recycling Business License Required

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may
				not own or operate a used automotive parts recycling business or sell used
				automotive parts without first obtaining a license under this
				chapter.
(b) A used automotive
				parts recycler license is:
(1) valid for one
				year from the date of issuance;
(2)
				valid only for the facility listed on the license; and
(3) is not transferable.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 87 - USED AUTOMOTIVE PARTS RECYCLERS › Section 87.21 - Licensing Requirements - Used Automotive Parts Recycling Business License Eligibility

Current through Reg. 49, No. 28; July 12, 2024
An applicant, a partner, principal, officer, or general
				  manager of the applicant, or another license or permit holder with a connection
				  to the applicant may be ineligible for a used automotive parts recycling
				  business license, if the applicant, a partner, principal, officer, or general
				  manager of the applicant, or another license or permit holder with a connection
				  to the applicant has:
(1) before the
				application date, been convicted of, pleaded guilty or nolo contendere to, or
				been placed on deferred adjudication for:
(A)
				a felony; or
(B) a misdemeanor
				punishable by confinement in jail or by a fine exceeding $500;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 87 - USED AUTOMOTIVE PARTS RECYCLERS › Section 87.22 - Licensing Requirements - Used Automotive Parts Recycling Business License Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
An applicant for a used automotive parts recycling business
				  license must:
(1) submit a completed
				application on a department-approved form;
(2) provide a valid federal tax
				identification number;
(3) file
				proof of insurance in accordance with §87.40;
(4) provide proof of a storm water permit, if
				required by the Texas Commission on Environmental Quality;
(5) successfully pass a criminal background
				check; and
(6) pay the fee required
				under §87.85.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 87 - USED AUTOMOTIVE PARTS RECYCLERS › Section 87.23 - Licensing Requirements - Used Automotive Parts Recycling Business License Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) To renew a used
				automotive parts recycling business license, an applicant must:
(1) submit a completed application on a
				department-approved form;
(2)
				provide a valid federal tax identification number;
(3) file proof of insurance in accordance
				with §87.40;
(4) provide proof
				of a storm water permit, if required by the Texas Commission on Environmental
				Quality;
(5) successfully pass a
				criminal background check; and
(6)
				pay the applicable fee required under §87.85.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 87 - USED AUTOMOTIVE PARTS RECYCLERS › Section 87.30 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
The provisions of this chapter do not apply to:
(1) a person who purchases not more than five
				nonrepairable or salvage motor vehicles at casual sale in a calendar year from:
(A) a salvage vehicle dealer;
(B) a salvage pool operator at auction;
				or
(C) an insurance company at
				auction;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 87 - USED AUTOMOTIVE PARTS RECYCLERS › Section 87.40 - Insurance Requirements

Current through Reg. 49, No. 28; July 12, 2024
A used automotive parts recycling business may not conduct
				  business or other automotive parts recycling operations in this state unless
				  the licensee maintains a valid general liability insurance policy in an amount
				  not less than $250,000.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 87 - USED AUTOMOTIVE PARTS RECYCLERS › Section 87.44 - Inspections-General

Current through Reg. 49, No. 28; July 12, 2024
(a) Used automotive parts recycling
				businesses shall be inspected in accordance with Texas Occupations Code,
				Chapter 51, and the inspection rules under 16 Texas Administrative Code,
				Chapter 60, Subchapter H.
(b) The
				department may make information available to used automotive parts recycling
				business owners and managers regarding best practices for risk-reduction
				techniques.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 87 - USED AUTOMOTIVE PARTS RECYCLERS › Section 87.50 - Reporting Requirements - Filing of Vehicle Ownership Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) Used automotive parts recyclers who
				acquire ownership of a motor vehicle, nonrepairable motor vehicle, or salvage
				motor vehicle for the purpose of dismantling, scrapping, or destroying the
				motor vehicle, shall, before the 31st day after the date of acquiring the motor
				vehicle, submit to the Texas Department of Motor Vehicles a properly assigned
				manufacturer's certificate of origin, regular certificate of title,
				nonrepairable vehicle title, salvage vehicle title, other ownership document,
				or comparable out-of-state ownership document for the motor vehicle.
(b) Used automotive parts recyclers shall
				keep and maintain evidence of compliance with subsection (a).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 87 - USED AUTOMOTIVE PARTS RECYCLERS › Section 87.65 - Advisory Board

Current through Reg. 49, No. 28; July 12, 2024
(a) The advisory
				board consists of the five members representing the used automotive parts
				industry in this state appointed by the presiding officer of the commission
				with the approval of the commission. The five members include:
(1) members who represent used automotive
				parts businesses owned by domestic entities, as defined by Business
				Organizations Code, §
										RSA
				1.002; and
(2) one member who represents a used
				automotive parts business owned by a foreign entity, as defined by Business
				Organizations Code, §
										RSA
				1.002.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 87 - USED AUTOMOTIVE PARTS RECYCLERS › Section 87.70 - Responsibilities of the Licensee - Acquiring Vehicles

Current through Reg. 49, No. 28; July 12, 2024
Used automotive parts recyclers who acquire ownership of a
				  salvage motor vehicle shall obtain a properly assigned title from the previous
				  owner of the vehicle.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 87 - USED AUTOMOTIVE PARTS RECYCLERS › Section 87.71 - Responsibilities of the Licensee - Record Retention

Current through Reg. 49, No. 28; July 12, 2024
(a) A used automotive parts recycler shall
				maintain a record of or sales receipt for each motor vehicle, salvage motor
				vehicle, nonrepairable motor vehicle, and used automotive part
				purchased.
(b) Unless required by
				another section of this chapter, a used automotive parts recycler shall
				maintain records required by this chapter for a period of three years from the
				date of the event reflected in the record.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 87 - USED AUTOMOTIVE PARTS RECYCLERS › Section 87.72 - Responsibilities of the Licensee - Registration of New Business Location

Current through Reg. 49, No. 28; July 12, 2024
(a) Before moving a place of business, a used
				automotive parts recycler must notify the department of the new
				location.
(b) The used automotive
				parts recycler shall provide a storm water permit for the location if a permit
				is required by the Texas Commission on Environmental Quality.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 87 - USED AUTOMOTIVE PARTS RECYCLERS › Section 87.78 - Responsibilities of the Licensee - Surrender of Certain Documents or License Plates

Current through Reg. 49, No. 28; July 12, 2024
(a) A used
				automotive parts recycler shall surrender to the Texas Department of Motor
				Vehicles (DMV) for cancellation a certificate of title or authority, sales
				receipt, or transfer document, as required by the DMV.
(b) For each vehicle for which a document is
				surrendered in compliance with subsection (a), the licensee shall obtain a
				signed receipt for a surrendered certificate of title.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 87 - USED AUTOMOTIVE PARTS RECYCLERS › Section 87.80 - Responsibilities of the Licensee - Records of Casual Sales

Current through Reg. 49, No. 28; July 12, 2024
Each licensed used automotive parts recycler that sells a
				  nonrepairable motor vehicle or a salvage motor vehicle at a casual sale shall
				  keep on the business premises a list of all casual sales made during the
				  preceding 36-month period that contains:
(a)
(1) the
				date of the sale;
(2) the name of
				the purchaser;
(3) the name of the
				jurisdiction that issued the identification document provided by the purchaser,
				as shown on the document; and
(4)
				the vehicle identification number.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 87 - USED AUTOMOTIVE PARTS RECYCLERS › Section 87.85 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Used Automotive Parts Facility Business
				Permit.
(1) Original
				Application--$75
(2) Renewal--
				$75
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 87 - USED AUTOMOTIVE PARTS RECYCLERS › Section 87.90 - Administrative Sanctions

Current through Reg. 49, No. 28; July 12, 2024
A person that violates Texas Occupations Code, Chapter 2309,
				  a rule, or an order of the executive director or commission relating to Texas
				  Occupations Code, Chapter 2309, will be subject to administrative sanctions
				  and/or administrative penalties under Texas Occupations Code, Chapters 51 and
				  2309 and applicable agency rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 87 - USED AUTOMOTIVE PARTS RECYCLERS › Section 87.91 - Enforcement Authority

Current through Reg. 49, No. 28; July 12, 2024
The enforcement authority granted under Texas Occupations
				  Code, Chapters 51 and Chapter 2309 and any associated rules may be used to
				  enforce Texas Occupations Code, Chapter 2309 and this
				  chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter A - GENERAL PROVISIONS › Section 90.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
This chapter is promulgated under the authority of
					 Occupations Code, Chapter 51; Government Code, Chapter 171; Alcoholic Beverage
					 Code, §
										RSA
					 106.115 (Alcohol Education Program for
					 Minors); Transportation Code, §§
										RSA
					 521.374 -
					 RSA
					 521.376 (Drug Offender Education Program);
					 Code of Criminal Procedure, Chapter 42A, Articles 42A.403 and 42A.406 (DWI
					 Education Program); Code of Criminal Procedure, Chapter 42A, Articles 42A.404
					 and 42A.406 (DWI Intervention Program).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter B - INSTRUCTOR REQUIREMENTS › Section 90.20 - Instructor License Required

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual
				  who teaches any court-ordered program must have a current instructor license
				  issued by the department, and the appropriate instructor license endorsement
				  for the specific type of court-ordered program the individual is
				  teaching.
(b) An instructor must
				  instruct only for a program provider that holds an appropriate endorsement for
				  the specific type of court-ordered program that the instructor is
				  teaching.
(c) An instructor must
				  utilize only the department-approved program curriculum for the specific type
				  of program for which the instructor holds an appropriate license
				  endorsement.
(d) An instructor must
				  comply with all requirements of this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter B - INSTRUCTOR REQUIREMENTS › Section 90.21 - Instructor License - Eligibility Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible for an instructor license
				  and an endorsement in the DWI Education Program, Drug Offender Education
				  Program, or Alcohol Education Program for Minors, an individual must:
(1) have a minimum of an associate degree in
				  the field of psychology, sociology, counseling, social work, criminal justice,
				  education, nursing, or health;
(2)
				  be a licensed chemical dependency counselor, registered counselor intern,
				  licensed social worker, licensed professional counselor, licensed professional
				  counselor intern, certified teacher, licensed psychologist, licensed physician
				  or psychiatrist, probation or parole officer, adult or child protective
				  services worker, licensed vocational nurse, or licensed registered nurse;
				  or
(3) have at least one year of
				  documented experience in case management or education relating to substance
				  abuse and/or mental health.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter B - INSTRUCTOR REQUIREMENTS › Section 90.22 - Instructor License - Application for License and First Endorsement

Current through Reg. 49, No. 28; July 12, 2024
(a) To apply for an instructor license and
				  the first endorsement for a specific type of court-ordered program, an
				  individual must:
(1) submit a completed
				  application on a form prescribed by the department for the specific
				  court-ordered program;
(2) submit
				  proof of meeting the eligibility requirements under §90.21 for the
				  specific court-ordered program;
(3)
				  successfully pass a criminal history background check by the department;
				  and
(4) submit the initial license
				  application and first endorsement fee under §90.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter B - INSTRUCTOR REQUIREMENTS › Section 90.23 - Instructor License - Instructor Training Course and Examination

Current through Reg. 49, No. 28; July 12, 2024
(a) To become an instructor for a specific
				  type of court-ordered program, an individual must select and successfully
				  complete the applicable department-approved instructor training
				  course.
(b) An instructor applicant
				  must pay the department's authorized representative an instructor training
				  course fee after acceptance into the instructor training course.
(c) An instructor applicant must complete
				  each class module of the instructor training course in its entirety.
(d) An instructor applicant must pass both
				  the participant teaching presentation and the written exam to successfully
				  complete the instructor training course.
(e) A passing score of 70 percent or above
				  for the written exam and a "Pass" designation on the participant teaching
				  presentation for the instructor training course is required for each instructor
				  applicant.
(f) Any instructor
				  applicant who does not pass the participant teaching presentation or the
				  written exam at the instructor training course will have one additional
				  opportunity to pass the written exam or participant teaching presentation, as
				  applicable, within 30 days after the date of completing the instructor training
				  course, or as otherwise directed by the department.
(g) If the instructor applicant does not pass
				  the applicable written exam or participant teaching presentation the second
				  time, the instructor applicant will not have successfully completed the
				  instructor training course and must reapply for the applicable training and pay
				  the applicable fee.
(h) Any
				  instructor applicant who does not successfully complete the instructor training
				  course, including any permitted retesting, will be required to return the
				  curriculum manual to the department by no later than the end of the class
				  module at which unsuccessful completion of the course is determined or at the
				  time of retest, whichever is later.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter B - INSTRUCTOR REQUIREMENTS › Section 90.24 - Instructor License - Additional Endorsements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  An instructor who intends to instruct more than one type of court-ordered
				  program must be licensed and must hold an endorsement for each type of
				  court-ordered program.
(b) To
				  obtain an endorsement to instruct an additional type of court-ordered program,
				  the instructor must:
(1) successfully
				  complete the application requirements under §90.22, except for
				  §90.22(a)(4), for the specific court-ordered program;
(2) successfully complete the instructor
				  training course and examination under §90.23 for the specific
				  court-ordered program; and
(3)
				  submit the additional endorsement fee under §90.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter B - INSTRUCTOR REQUIREMENTS › Section 90.25 - Instructor License Term; Renewals

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  instructor license is valid for a two-year period beginning on the date of
				  issuance of the initial license and may be renewed biennially. Each endorsement
				  attached to the license will have the same term as the license.
(b) To renew an instructor license, the
				  instructor must:
(1) submit a completed
				  renewal application on a form prescribed by the department;
(2) complete the continuing education
				  requirements for the specific court-ordered program curriculum specified under
				  §90.26;
(3) comply with the
				  continuing education audit process described under §90.27, if selected for
				  an audit;
(4) successfully pass a
				  criminal history background check performed by the department; and
(5) submit the instructor license renewal fee
				  under §90.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter B - INSTRUCTOR REQUIREMENTS › Section 90.26 - Instructor Continuing Education Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Drug Offender Education Instructor
				  Requirements.
(1) Each Drug Offender Education
				  instructor must complete at least one department-approved Drug Offender
				  Education instructor continuing education seminar during each licensing
				  period.
(2) If substantial changes
				  or updates are made to the Drug Offender Education curriculum, instructors for
				  Drug Offender Education must complete any additional department-approved Drug
				  Offender Education instructor continuing education seminar(s) or special
				  meeting(s) for additional instruction as required by the department.
(3) Instructors who are licensed chemical
				  dependency counselors, licensed professional counselors, licensed
				  psychologists, licensed psychiatrists, or licensed social workers may complete
				  20 hours of continuing education for the respective license that is directly
				  drug-related in lieu of completing the department-approved continuing education
				  seminar. If selected for a continuing education audit under §90.27, proof
				  of these continuing education hours must be submitted to the department in a
				  manner prescribed by the department.
(4) Continuing education hours obtained in a
				  department-approved Drug Offender Education instructor continuing education
				  seminar may be used to fulfill the continuing education requirement of another
				  endorsement.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter B - INSTRUCTOR REQUIREMENTS › Section 90.27 - Instructor Continuing Education Audits - All Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) The department shall employ an audit
				  system for continuing education reporting. The instructor is responsible for
				  maintaining a record of his or her continuing education experiences. The
				  certificates, diplomas, or other documentation verifying earning of continuing
				  education hours are not to be forwarded to the department at the time of
				  renewal unless the instructor has been selected for audit.
(b) The audit process shall be as follows:
(1) The department shall select for audit a
				  random sample of instructors for each renewal month. Instructors will be
				  notified of the continuing education audit when they receive their renewal
				  documentation;
(2) If selected for
				  an audit, the instructor must submit copies of certificates, transcripts, or
				  other documentation satisfactory to the department, verifying the instructor's
				  attendance, participation, and completion of the continuing education. All
				  documentation must be provided at the time of renewal;
(3) Failure to timely furnish this
				  information or providing false information during the audit process or the
				  renewal process are grounds for disciplinary action against the
				  instructor;
(4) An instructor who
				  is selected for a continuing education audit may renew through the online
				  renewal process, if available. However, the instructor will not be considered
				  renewed until the required continuing education documents are received,
				  accepted, and approved by the department; and
(5) Instructors will not be renewed until the
				  continuing education requirements have been met.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter B - INSTRUCTOR REQUIREMENTS › Section 90.28 - Instructor Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Instructors must report, in writing, any felony or misdemeanor conviction
				  against themselves.
(b) An
				  instructor must notify the department within 30 days of any change in the
				  instructor's name, mailing address, telephone number, or e-mail
				  address.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter C - PROGRAM PROVIDER LICENSE REQUIREMENTS › Section 90.30 - Program Provider License Required

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  person seeking to offer or provide a specific type of a court-ordered program
				  must have a current program provider license with an endorsement for the
				  applicable program issued by the department.
(b) A person holding a current program
				  provider license with the appropriate endorsement from the department is a
				  licensed program provider for the applicable program.
(c) A program provider must ensure that:
(1) each court-ordered program is taught by
				  an instructor with the appropriate endorsement to instruct that specific type
				  of program;
(2) each court-ordered
				  program is conducted in accordance with, and described in, the applicable and
				  department-approved instructor manual under §90.40; and
(3) each court-ordered program utilizes the
				  department-approved curriculum for the specific type of program being
				  taught.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter C - PROGRAM PROVIDER LICENSE REQUIREMENTS › Section 90.31 - Program Provider License - Application for License and Endorsements

Current through Reg. 49, No. 28; July 12, 2024
(a) A program provider license is required
				  for each court-ordered program that is offered or provided. A license
				  endorsement is required for each type of court-ordered program that is offered
				  or provided by the program provider.
(b) To apply for a program provider license,
				  a person must:
(1) submit a completed program
				  provider application on a department-prescribed form;
(2) identify each court-ordered program that
				  the program provider intends to offer or provide, and the instructor permitted
				  to give instruction with their current license number and
				  endorsement;
(3) indicate whether
				  each court-ordered program will be offered to participants in person, as an
				  online course, or both; and
(4)
				  submit the program provider initial license application and first endorsement
				  fee specified under §90.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter C - PROGRAM PROVIDER LICENSE REQUIREMENTS › Section 90.32 - Program Provider License - Additional Endorsements

Current through Reg. 49, No. 28; July 12, 2024
(a) A program provider who intends to offer
				  or provide more than one type of court-ordered program must be licensed and
				  must hold an endorsement for each type of court-ordered program.
(b) To obtain an endorsement to offer or
				  provide an additional type of court-ordered program, the program provider must:
(1) successfully complete the application
				  requirements under §90.31, except §90.31(b)(4), for each additional
				  court-ordered program;
(2) identify
				  each additional court-ordered program that the program provider intends to
				  offer or provide, and each instructor permitted to give instruction with their
				  current license number and endorsement;
(3) indicate whether each additional
				  court-ordered program will be offered to participants in person, or as an
				  online course, or both; and
(4)
				  submit the additional endorsement fee under §90.80 for each additional
				  court-ordered program.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter C - PROGRAM PROVIDER LICENSE REQUIREMENTS › Section 90.33 - Program Provider License Term; Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  program provider license is valid for a two-year period beginning on the date
				  of issuance and may be renewed biennially. Each endorsement for a specific
				  court-ordered program that is attached to the license has the same term as the
				  license.
(b) To renew a program
				  provider license, a program provider must submit:
(1) a completed program provider renewal
				  application on a form prescribed by the department; and
(2) the program provider license renewal fee
				  specified under §90.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter C - PROGRAM PROVIDER LICENSE REQUIREMENTS › Section 90.34 - Program Provider License - Change of Address, Ownership and Other Information

Current through Reg. 49, No. 28; July 12, 2024
(a) A program provider must notify the
				  department in writing within 30 days of any change in the program provider's
				  address, telephone number, e-mail address, website address, or change in the
				  registered agent, ownership or instructor.
(b) A change in ownership is considered to
				  have occurred:
(1) in the case of ownership by
				  an individual, when more than 50% of the licensed program provider has been
				  sold or transferred;
(2) in the
				  case of ownership by a partnership or a corporation, when more than 50% of the
				  licensed program provider, or of the owning partnership or corporation has been
				  sold or transferred; or
(3) when
				  the board of directors, officers, shareholders, or similar governing body has
				  been changed to such an extent as to significantly alter the management and
				  control of the program provider.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter D - PROGRAM REQUIREMENTS - CURRICULUM, COURSES, CLASSROOMS, CERTIFICATES › Section 90.40 - Program Curriculum and Materials - All Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) Court-ordered programs must use the most
				  current version of the uniform curricula and of any screening instrument
				  approved by the department. The same curriculum and screening instruments are
				  used for in-person and online court-ordered programs.
(b) The following curricula are approved for
				  the applicable program:
(1) Alcohol Education
				  Program for Minors -- the Alcohol Education Program for Minors Instructor
				  Manual;
(2) Drug Offender Education
				  Program -- the Texas Drug Offender Education Program Instructor
				  Manual;
(3) DWI Education Program
				  -- the Texas DWI Education Program Instructor Manual; and
(4) DWI Intervention Program -- the Texas DWI
				  Intervention Instructor Program Manual.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter D - PROGRAM REQUIREMENTS - CURRICULUM, COURSES, CLASSROOMS, CERTIFICATES › Section 90.41 - Program Rules - Drug Offender Education Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to Transportation Code §
										RSA
				  521.374<subdiv>(a)(1)</subdiv>,
				  the department is responsible for approving a Drug Offender Education Program
				  under rules adopted by the commission and the Texas Department of Public Safety
				  (DPS).
(b) Pursuant to
				  Transportation Code §
										RSA
				  521.375<subdiv>(a)</subdiv>, the
				  commission and DPS are responsible for jointly adopting rules for the
				  qualification and approval of providers of the Drug Offender Education Program
				  under §521.374(a)(1).
(c) For
				  any proposed changes to the educational program rules for the Drug Offender
				  Education Program, the department will notify the designated representatives
				  from DPS and solicit input during the rulemaking process.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter D - PROGRAM REQUIREMENTS - CURRICULUM, COURSES, CLASSROOMS, CERTIFICATES › Section 90.42 - General Program and Course Requirements - All Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) Except where noted, the program and
				  course requirements in this chapter apply to in-person and online court-ordered
				  programs.
(b) All court-ordered
				  programs must use the applicable curriculum approved under §90.40,
				  including all required videos, slides or transparencies, participant workbooks,
				  booklets, and other resources or written materials. The applicable curriculum
				  must be presented in the prescribed manner and sequence.
(c) A single instructor must teach the entire
				  course for all programs, except for DWI Intervention Programs, which may allow
				  team-teaching utilizing no more than two instructors.
(d) Instructors must require participants to
				  complete all class modules within a course in the proper sequence.
(e) The program provider must make provisions
				  for persons unable to read and/or speak English. All classes in a single course
				  must be taught in the same language.
(f) The instructor must screen each
				  participant and offer appropriate referral information to the participant,
				  based upon the numerical score and accompanying referral recommendations on the
				  approved screening instrument required to be administered. The screening
				  instrument must be administered by the instructor, or under the instructor's
				  direct supervision.
(g) The program
				  provider or instructor for each program must make available a current listing
				  or roster of available chemical dependency counseling and treatment resources
				  in the area to each participant whose numerical score and accompanying referral
				  recommendations on the approved screening instrument indicate a potential
				  substance abuse problem requiring further evaluation.
(h) All required registration, initial data
				  collection, and administration of the screening instrument must be completed
				  before commencement of the first class module.
(i) At the end of each course, the instructor
				  for each program must administer a participant course evaluation.
(j) The instructor for all programs must
				  conduct an exit interview with each participant, as outlined in the applicable
				  educational program manual.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter D - PROGRAM REQUIREMENTS - CURRICULUM, COURSES, CLASSROOMS, CERTIFICATES › Section 90.43 - Additional Course Requirements for the Drug Offender Education Program

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to the requirements under
				  §90.42, each Drug Offender Education Program provider must:
(1) provide a minimum of 15 hours of class
				  instruction per course;
(2) provide
				  a minimum of five class modules of instruction per course;
(3) conduct class modules that are not longer
				  than three hours in length, and not shorter than two hours in length;
(4) conduct no more than one class module per
				  day; and
(5) conduct courses and
				  each class with no more than 30 participants and with no fewer than three
				  participants.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter D - PROGRAM REQUIREMENTS - CURRICULUM, COURSES, CLASSROOMS, CERTIFICATES › Section 90.44 - Additional Course Requirements for the Alcohol Education Program for Minors

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to the requirements under
				  §90.42, each Alcohol Education Program for Minors program provider must:
(1) provide a minimum of six hours of class
				  instruction per course;
(2) conduct
				  class modules which are not longer than three hours in length;
(3) conduct no more than one class module per
				  day; and
(4) conduct courses and
				  each class with no more than 30 participants and with no fewer than three
				  participants (not including parents and guardians).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter D - PROGRAM REQUIREMENTS - CURRICULUM, COURSES, CLASSROOMS, CERTIFICATES › Section 90.45 - Additional Course Requirements for the DWI Education Program

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to the requirements under
				  §90.42, each DWI Education Program provider must:
(1) provide a minimum of 12 hours of
				  instruction per course;
(2) provide
				  no more than four hours of instruction in any one day; and
(3) conduct courses and each class with no
				  more than 30 participants and with no fewer than three participants.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter D - PROGRAM REQUIREMENTS - CURRICULUM, COURSES, CLASSROOMS, CERTIFICATES › Section 90.46 - Additional Course Requirements for DWI Intervention Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of this section, an
				  individual session is defined as an individual meeting between instructor and
				  participant in which the instructor checks the participant's workbook to
				  monitor homework and student progress and assists with the participant's
				  self-improvement techniques.
(b) In
				  addition to the requirements under §90.42, each DWI Intervention Program
				  provider must:
(1) provide a minimum of 30
				  hours of class instruction per course;
(2) conduct class modules which are not
				  longer than three hours in length and not shorter than two hours in
				  length;
(3) conduct no more than
				  one class module per day;
(4)
				  conduct no more than two class modules per week;
(5) conduct courses and each class with no
				  more than 15 participants and with no fewer than three participants;
(6) provide make-up class modules for a
				  maximum of two excused absences per participant; and
(7) conduct a minimum of two individual
				  sessions with each participant and an individual exit interview with each
				  participant.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter D - PROGRAM REQUIREMENTS - CURRICULUM, COURSES, CLASSROOMS, CERTIFICATES › Section 90.47 - In-Person Classroom Facilities and Equipment

Current through Reg. 49, No. 28; July 12, 2024
(a) Court-ordered programs and instructors
				  must conduct all in-person classes in appropriate classroom facilities and
				  settings that comply with the Americans with Disabilities Act,
				  42 United States Code, §
											12101 et seq. The classrooms and setting must
				  be conducive to study and must have:
(1)
				  enough tables or desks to accommodate each participant without
				  crowding;
(2) enough chairs
				  sufficient to seat each participant;
(3) sufficient lighting;
(4) appropriate acoustics and climate
				  control; and
(5) classroom
				  facilities easily accessible to all class participants.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter D - PROGRAM REQUIREMENTS - CURRICULUM, COURSES, CLASSROOMS, CERTIFICATES › Section 90.48 - Online Program Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A program
				  provider that offers or provides an online court-ordered program to
				  participants must:
(1) ensure that it has
				  access to internet service with sufficient bandwidth to successfully provide,
				  without interruption to the participants, in such a manner that is conducive to
				  instruction and comprehension;
(2)
				  provide instructors with the proper equipment that is in good working order and
				  that allows for virtual, real-time, and interactive presentation of all course
				  materials; and
(3) confirm that all
				  classes are instructed using current department-approved curriculum and
				  materials, and that all classes are conducted in accordance with department
				  rules and current laws.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter D - PROGRAM REQUIREMENTS - CURRICULUM, COURSES, CLASSROOMS, CERTIFICATES › Section 90.49 - Certificate of Program Completion for Participants

Current through Reg. 49, No. 28; July 12, 2024
(a) A program provider must ensure that the
				  instructor provides each participant who successfully completes the applicable
				  court-ordered program a certificate of program completion prescribed by the
				  department within five days of successful completion. If an exit interview is
				  required, the program will not be deemed to be successfully completed and a
				  certificate of program completion must not be issued until the exit interview
				  has been conducted.
(b) A program
				  provider that offers or provides a court-ordered program may provide the
				  certificate to the participant by regular mail or present it to the participant
				  after successful completion of the course. A program provider shall not provide
				  a certificate to a participant by electronic means.
(c) Certificates shall only be issued by the
				  department to the program provider. All program providers must maintain an
				  ascending numerical accounting record of all issued and unissued
				  certificates.
(d) The program
				  provider is responsible for ensuring that an original certificate of program
				  completion is issued to each participant who successfully completes a program.
				  The program provider must retain one copy of the certificate in its
				  records.
(e) Each program provider
				  must develop procedures for issuing duplicate certificates.
(1) The procedures must ensure that the
				  duplicate certificate is a new certificate, is clearly identified as being a
				  duplicate of a previously issued certificate and includes the control number of
				  the previously-issued certificate.
(2) The court-ordered program must indicate
				  at the bottom of the course roster on which the participant's original control
				  number was recorded that a duplicate certificate was issued and shall show the
				  new control number and date of issuance for the duplicate
				  certificate.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter E - PROGRAM REQUIREMENTS - ADMINISTRATION AND OTHER RESPONSIBILITIES › Section 90.50 - Program Administration

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Compliance. A program provider is responsible for all aspects of program
				  compliance with this chapter, including any noncompliance related to the
				  conduct of an instructor, owner, or other personnel.
(b) Course Fees and Schedules.
(1) A program provider must set definite and
				  reasonable course fees. Course fees may not be assessed on a class-by-class
				  basis.
(2) A program provider must
				  maintain, and make available upon request, written course schedules that
				  include the dates, times, and locations where courses will be held, and the
				  fees charged by the program.