reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 2 - CAPITOL ACCESS PASS › Section 2.5 - Address on File

Current through Reg. 49, No. 28; July 12, 2024
(a) All pass
				holders or applicants shall at all times maintain on file with the department a
				current electronic mail address and physical mailing address.
(b) All pass holders shall notify the
				department of any change to their addresses on file by completing the change of
				address on the program's website or as otherwise provided by the department
				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 2 - CAPITOL ACCESS PASS › Section 2.6 - Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) The department is entitled to rely on the
				physical mailing address 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 pass
				holder'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 or electronic mail, and three days following the date sent, if notice
				is sent by regular United States mail.
(c) Notifications by the department may be by
				facsimile transmission, electronic mail, regular U.S. mail, certified mail,
				return receipt requested, or hand-delivery, at the discretion of the
				department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 2 - CAPITOL ACCESS PASS › Section 2.7 - Application Review and Background Investigation

Current through Reg. 49, No. 28; July 12, 2024
(a) The review of an application for a
				Capitol access pass, and the background check of the applicant, will be based
				on a comparison of the eligibility criteria for a license to carry a handgun
				and the criminal history information available to the department. The statutory
				deadlines provided in Government Code, Chapter 411, Subchapter H, relating to
				the processing such applications, are not applicable.
(b) If an application is found to be
				deficient, the department will notify the applicant of the deficiency. The
				applicant will have 30 days from the date of the notice of deficiency to amend
				the application. After this period has expired, the application will be
				terminated.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 2 - CAPITOL ACCESS PASS › Section 2.8 - Expiration

Current through Reg. 49, No. 28; July 12, 2024
A Capitol access pass expires on the second anniversary of
				  the date of issuance. An expired pass may not be renewed. A new application is
				  required if the pass is not renewed prior to expiration.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 2 - CAPITOL ACCESS PASS › Section 2.9 - Renewal

Current through Reg. 49, No. 28; July 12, 2024
The Capitol access pass may be renewed at any time during the
				  six months prior to expiration by submitting the required fee of
				  $40.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 2 - CAPITOL ACCESS PASS › Section 2.10 - Issuance or Denial

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon completion
				of the department's review of the application and the applicant's background,
				the pass will either be issued or the applicant will be notified in writing
				that the application has been denied.
(b) The appeal of a denial is governed by
				§
									2.12
				of this title (relating to Informal Review of Denials, Suspensions or
				Revocations based on Criminal History Disqualifiers).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 2 - CAPITOL ACCESS PASS › Section 2.11 - Suspension and Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a) A Capitol
				access pass shall be suspended upon notification of the department that a basis
				for suspension exists, as provided in Government Code, §
									411.187.
				The bases provided in §411.187(a)(3) or (4) are not applicable to the
				pass.
(b) A Capitol access pass
				shall be revoked upon notification of the department that a basis for
				revocation exists, as provided in Government Code, §
									411.186.
(c) A pass shall be revoked if the
				application fee is subsequently dishonored, reversed, or determined to be
				insufficient, if the pass holder fails to submit valid payment in the amount of
				the fee and an additional $30 processing fee within 30 days of being notified
				by the department that the fee was dishonored, reversed, or insufficient. A new
				application may be submitted at any time following a revocation under this
				subsection. This subsection operates in lieu of Government Code, §
									411.186(a)(6).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 2 - CAPITOL ACCESS PASS › Section 2.12 - Informal Review of Denials, Suspensions or Revocations Based on Criminal History Disqualifiers

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				whose application for a Capitol access pass is denied, or whose pass is
				suspended or revoked, based on a criminal history disqualifier, may request an
				informal review by department staff by submitting to the department a written
				request for the review in compliance with subsection (b) of this
				section.
(b) A written request for
				review of the department's determination, along with any supporting
				documentation, must be submitted to the department by facsimile or electronic
				mail to the address or number provided in the notice of denial, suspension, or
				revocation within 20 calendar days after receipt of the notice. If a written
				request for a review is not submitted within 20 calendar days of the date
				notice was received, the proposed action will become final.
(c) An informal review will be conducted by
				department personnel in the manner prescribed by the department. The department
				will issue a final determination to the applicant or pass holder at the address
				on file.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 2 - CAPITOL ACCESS PASS › Section 2.13 - No Relationship to License to Carry a Handgun

Current through Reg. 49, No. 28; July 12, 2024
(a) The pass confers no rights or privileges
				beyond the access to the Capitol and the Capitol Extension otherwise provided
				to a person who presents a license to carry a handgun issued under Government
				Code, Chapter 411, Subchapter H. The possession of a Capitol access pass does
				not authorize a person to carry a handgun.
(b) The approval of an application for a
				Capitol access pass has no bearing on a person's eligibility for a license to
				carry a handgun. All applications, fees, reviews, or adverse actions relating
				to a pass are independent of such matters as they may relate to a license to
				carry a handgun or application for such license.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter A - CRASH INVESTIGATIONS › Section 3.1 - Responsibility and Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) Officers of the
				  department are charged with the responsibility of investigation and properly
				  reporting rural motor vehicle crashes occurring upon public highways without
				  regard as to severity of the crash. Officers of the department will investigate
				  and properly report motor vehicles crashes occurring on other places open to
				  the use of the public only when serious bodily injury or death has
				  occurred.
(b) Officers of the
				  department will, insofar as practicable, make an on-the-scene investigation and
				  properly report rural motor vehicle crashes of which they are made
				  aware.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter A - CRASH INVESTIGATIONS › Section 3.2 - Establishing Priority in Crash Investigation

Current through Reg. 49, No. 28; July 12, 2024
Simultaneous crashes reported. In the event an officer is
					 notified of more than one crash at about the same time discretion will be
					 exercised as to the priority of investigation. Consideration will be given to
					 factors such as severity of crash, highway blockage, failure to stop and render
					 aid, amount of traffic at location, potential for the crash to become worse,
					 danger of fire or explosion, and any other information that is
					 available.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter A - CRASH INVESTIGATIONS › Section 3.3 - Classification of Hit-and-Run Crashes as Felony or Misdemeanor

Current through Reg. 49, No. 28; July 12, 2024
Classification of crashes for severity of offense
					 committed. The following injuries to persons involved in crashes will be deemed
					 sufficient for the filing of felony charges:
(1) death;
(2) incapacitating injury;
(3) nonincapacitating injury or minor visible
				  injury.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter A - CRASH INVESTIGATIONS › Section 3.4 - Crashes and Violations-Private Ways and Places

Current through Reg. 49, No. 28; July 12, 2024
(a) Department interpretations. Department
				  interpretations of territorial applicability of the Texas Transportation Code
				  are as follows.
(1) Law
				  applies--ways--reportable but safety responsibility does not apply:
(A) business-owned access way, road, or
				  street open to the public;
(B)
				  hotel and motel driveway;
(C)
				  hospital, airport, arena, cemetery, etc., driveways not restricted;
(D) nonresidential roads on military bases
				  where the state has jurisdiction;
(E) oil lease and irrigation roads open to
				  the public;
(F) private school not
				  restricted; and
(G) filling station
				  driveways.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter A - CRASH INVESTIGATIONS › Section 3.5 - Crash Investigation Information

Current through Reg. 49, No. 28; July 12, 2024
Release of information. Members of the department will
					 release information to those persons or agencies having a legitimate interest
					 in a crash or incident, to the extent of that interest, including but not
					 necessarily limited to:
(1) drivers
				  and passengers and their representatives such as insurance adjusters,
				  attorneys, friends, or relatives who are attending to the affairs of a crash
				  victim;
(2) owners of vehicles or
				  other damaged property or their representatives;
(3) employer or employee of a crash
				  victim;
(4) news media;
(5) interested government agencies;
(6) prosecutors; or
(7) courts.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter A - CRASH INVESTIGATIONS › Section 3.6 - Crash Investigation Policy

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Responsibility. The Texas Highway Patrol division of the department is assigned
				  the responsibility of investigating and properly reporting crashes involving
				  motor vehicles which occur outside the city limits of an incorporated city upon
				  a public road, highway, or other way or place open to the use of the
				  public.
(b) Investigating and
				  reporting. Upon notification of such crash, officers of the department will,
				  insofar as practicable, make an on-the-scene investigation and properly report
				  the results of their investigation without regard to the severity of the
				  crash.
(c) Crashes in cities.
(1) The department will not investigate motor
				  vehicle crashes which occur in cities except in emergencies or where prior
				  arrangements have been approved.
(2) Any commissioned member of the department
				  who witnesses or comes upon a motor vehicle traffic crash within the city
				  limits will notify local officers and turn all information and control of the
				  investigation over to them as soon as possible. Pending the arrival of the
				  local officers, such department members will seek to protect the scene, render
				  first aid or summon medical aid, detain involved drivers when necessary, and
				  take any other action immediately needed for the public safety for which he has
				  been trained and is equipped to perform.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter B - ENFORCEMENT ACTION › Section 3.21 - Requirement To Take Action

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
				  Department of public safety traffic law enforcement officers, so far as
				  practicable under the circumstances, will stop every violator of the traffic
				  laws observed by them and take appropriate enforcement action against
				  them.
(b) Types of enforcement
				  action.
(1) The department recognizes the
				  following three types of proper enforcement action against traffic law
				  violators:
(A) warning;
(B) citation;
(C) custody arrest.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter B - ENFORCEMENT ACTION › Section 3.22 - Written Warning

Current through Reg. 49, No. 28; July 12, 2024
(a) General. The
				  department believes that warnings given for traffic law violations constitute
				  acceptable enforcement action when given under proper circumstances. Warnings
				  will be given for traffic law violations of a relatively minor
				  degree.
(b) Use of written warning.
(1) Persons stopped by department of public
				  safety traffic law enforcement officers for traffic law violations of a
				  relatively minor degree or less than clear-cut and substantial and who are not
				  arrested or issued a citation will be issued a written notice of
				  warning.
(2) Written warnings will
				  not be issued under any circumstances for:
(A) driving while intoxicated;
(B) public intoxication;
(C) no drivers license (when not
				  licensed);
(D) any nontraffic
				  offense; and
(E) any violation
				  which contributes to a traffic crash.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter B - ENFORCEMENT ACTION › Section 3.23 - Citation and Custody Arrest

Current through Reg. 49, No. 28; July 12, 2024
(a) Citation.
				  All traffic law enforcement officers of the department of public safety will
				  cite or arrest, as appropriate, all violators of the traffic laws apprehended
				  by them who are committing a clear-cut and substantial violation of the traffic
				  laws unless major extenuating circumstances are present.
(b) Custody arrests.
(1) Custody arrests should only be used:
(A) when necessary to have a violator
				  forthcoming in court;
(B) to
				  protect the violator or the public from injury; or
(C) when required by law.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter B - ENFORCEMENT ACTION › Section 3.24 - Speed Law Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) Construction of
				  prima facie limits. The prima facie maximum speed limits fixed by the
				  legislature or established by zoning authority will be construed to be the
				  maximum permissible speeds under normal conditions and speeds in excess of such
				  limits will be considered illegal.
(b) Interpretation of Texas Transportation
				  Code, §
										545.363(a).
(1) The exception "except when reduced speed
				  is necessary for safe operation" will not apply when it is practicable for the
				  offending driver to drive onto the shoulder and allow the impeded traffic to
				  pass.
(2) The exception "except
				  when reduced speed is necessary .... in compliance with law" will be
				  interpreted to exempt at all times a driver of a vehicle or combination of
				  vehicles who is driving at or near the maximum legal limit for that vehicle or
				  combination of vehicles.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter B - ENFORCEMENT ACTION › Section 3.25 - Enforcement of New Traffic Laws

Current through Reg. 49, No. 28; July 12, 2024
All traffic law enforcement officers of the department of
					 public safety will warn for a period of three months after the effective date
					 of the law all violators of any new traffic law that imposes additional or new
					 restrictions. Exceptions to this rule are:
(1) flagrant violations;
(2) continued willful violation after
				  warning;
(3) laws that have
				  received publicity to the extent that the public is already familiar with their
				  provisions; and
(4) any violation
				  that is a major contributing factor in a traffic accident.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter B - ENFORCEMENT ACTION › Section 3.26 - Inspection of Drivers and Vehicles

Current through Reg. 49, No. 28; July 12, 2024
Traffic law enforcement officers of the department of
					 public safety will conduct inspections of the condition of drivers and the
					 equipment of their vehicles to assure that safety and licensing requirements,
					 as outlined in the statutes, are being complied with.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter B - ENFORCEMENT ACTION › Section 3.27 - Discretion by Traffic Enforcement Officers Allowed

Current through Reg. 49, No. 28; July 12, 2024
Traffic law enforcement officers of the department of
					 public safety are allowed the use of judgment in situations requiring an
					 interpretation of the enforcement policies and are allowed reasonable
					 discretion in determining the presence and extent of major extenuating
					 circumstances or aggravating circumstances or conditions.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter B - ENFORCEMENT ACTION › Section 3.29 - Procedures and Policies Relating to Diplomatic and Consular Officials

Current through Reg. 49, No. 28; July 12, 2024
(a) General policy. Diplomatic and consular
				  officers should be accorded their respective privileges, rights, and immunities
				  as directed by international law and federal statute. These officials should be
				  treated with the courtesy and respect that befit their distinguished positions.
				  At the same time, it is a well-established principle of international law that,
				  without prejudice to their privileges and immunities, it is the duty of all
				  persons enjoying such privileges and immunities to respect local laws and
				  regulations.
(b) Definitions. The
				  following words and terms, when used in this chapter, shall have the following
				  meanings, unless the context clearly indicates otherwise:
(1) Career diplomatic and consular
				  officers--Can be identified by credentials issued by the state department and
				  by other locally issued official identification papers.
(2) Consular officers--Consuls-general,
				  deputy consuls-general, consuls, and vice consuls.
(3) Diplomatic officers--Ambassadors,
				  ministers, minister counselors, counselors, first secretaries, second
				  secretaries, third secretaries, and attaches.
(4) Family members of consular officers--Do
				  not enjoy the same privileges and immunities with respect to the civil and
				  criminal jurisdiction of the receiving state as do diplomatic and consular
				  officers. If the relative is a juvenile, as in all juvenile cases, the subject
				  should be released to the parent diplomatic or consular officer.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter C - TRAFFIC DIRECTION › Section 3.41 - Legal Authority for Police Officers To Direct Traffic

Current through Reg. 49, No. 28; July 12, 2024
(a) Activities of officers in traffic
				  direction.
(1) Indicate to drivers and
				  pedestrians what to do or not to do, especially when and how to move at a
				  congested point whenever and wherever hazards and congestion make the use of
				  streets and highways dangerous or difficult.
(2) Make emergency rules for the flow of
				  traffic when the usual regulations prove inadequate or when special regulations
				  have not been made to meet unusual or unexpected traffic conditions.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter C - TRAFFIC DIRECTION › Section 3.42 - Making of Emergency Rules

Current through Reg. 49, No. 28; July 12, 2024
Disaster locations. Officers of the department have a duty
					 to make emergency rules when normal operating procedures prove inadequate under
					 unusual conditions that affect the lives, health, or property of the general
					 public at disaster scenes. This includes accidents involving radioactive
					 materials, explosives, and flammable materials at riots, bomb threats, civil
					 disobedience and demonstrations involving large numbers of
					 people.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter D - TRAFFIC SUPERVISION › Section 3.51 - Traffic Supervision on Interstate Highways in Cities of 50,000 Population or Less

Current through Reg. 49, No. 28; July 12, 2024
Police traffic supervision activities.
(1) Officers of the department of public
				  safety will conduct police traffic supervision on sections of interstate
				  highways when those sections are direct extensions of an interstate system
				  already patrolled by this department. Those activities will be conducted as if
				  the sections being patrolled were rural.
(2) Crash investigation and traffic law
				  enforcement will be conducted on the main lanes and the on-ramps and off-ramps,
				  but not as a matter of routine on the service roads.
(3) Copies of crash reports will be furnished
				  to cities by the investigating officer.
(4) Regional commanders and service captains
				  will explain their procedures to city officials upon request.
(5) This section does not prohibit local
				  authorities from taking enforcement action on interstate systems in their
				  respective jurisdictions.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter D - TRAFFIC SUPERVISION › Section 3.52 - Police Traffic Supervision on Interstate Highways in Cities of Over 50,000 Population

Current through Reg. 49, No. 28; July 12, 2024
Police traffic activities. Local agencies will be
					 encouraged to conduct all police traffic supervision activities on all
					 interstate highways within their jurisdiction.
(1) Officers of the department will not be
				  routinely assigned traffic supervision duties on these sections of the
				  interstate systems. Officers will handle major dangerous violations they
				  observe while traveling such sections, and may take routine enforcement
				  action.
(2) There are occasions
				  when it may become highly desirable for units to be routinely assigned to an
				  interstate system within a city of more than 50,000 population.
(3) Requests for permission to assign units
				  to these systems should be submitted through channels to the Assistant Director
				  of Texas Highway Patrol.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter D - TRAFFIC SUPERVISION › Section 3.53 - Police Pursuit Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) Duty to drive
				  safely. Officers of the department have an obligation to the citizens and
				  visitors of this state to protect lives and property.
(1) This duty extends to the operation of
				  departmental vehicles at all times, but is of special importance in all pursuit
				  operations. The mission of apprehension cannot be accomplished if the patrol
				  unit is involved in an accident.
(2) There are times when it is not
				  practicable to continue pursuit of a violator. The decision to abandon pursuit
				  can only be made by the officer involved. When in the opinion of the officer
				  continued pursuit will bring unwarranted danger to the public or to himself,
				  pursuit will be abandoned.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter D - TRAFFIC SUPERVISION › Section 3.54 - Storing and Reporting of Vehicles Removed from the Highways

Current through Reg. 49, No. 28; July 12, 2024
(a) Removal and storage information. When any
				  officer causes the removal and storage of any vehicle which has been abandoned
				  or when the owner cannot be otherwise located to advise disposition he will
				  inventory the vehicle and notify the nearest department radio station, giving
				  the following information:
(1) year, make,
				  and model of vehicle;
(2) license
				  number and state of issue;
(3)
				  vehicle identification number-secured by actual inspection of the
				  vehicle;
(4) date stored;
(5) where stored--name of garage and
				  city;
(6) apparent condition when
				  stored--running condition, wrecked, burned, etc.;
(7) reason for storing--abandoned, wrecked,
				  etc.; and
(8) any limitations on
				  release to proper person.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter D - TRAFFIC SUPERVISION › Section 3.55 - Disposal of Abandoned Motor Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Other agencies' involvement.
(1) The
				  department will encourage other police agencies to establish a procedure to
				  handle and make final disposition of all abandoned motor vehicles found or
				  reported within the geographic areas for which they have a responsibility. By
				  mutual agreement other police agencies will process any abandoned motor vehicle
				  found or reported within their jurisdiction which may be handled under the
				  provisions of the Texas Abandoned Motor Vehicle Act. In areas within which
				  another agency will provide this service, the department will refer all
				  abandoned motor vehicles to that agency.
(2) The department will process those
				  abandoned motor vehicles which come to our attention if no other police agency
				  having jurisdiction over the place where the vehicle is found will accept this
				  responsibility.
(3) Officers will
				  attempt to notify the owner and lien holder of abandoned motor vehicles through
				  presently prescribed procedures in the event circumstances seem to warrant such
				  actions.
(4) No vehicle will be
				  considered to be an abandoned motor vehicle until the time requirements have
				  definitely been met. This does not prohibit the normal processing of vehicles
				  which appear to have been stolen, left temporarily on the right-of-way for the
				  owner's convenience, or involved in an accident; nor does it prohibit the
				  removal of vehicles from the highways for any lawful reason prior to the time
				  limitations contained in the Act.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter D - TRAFFIC SUPERVISION › Section 3.56 - Property Inventory Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Responsibility. Officers of the department occasionally assume responsibility
				  for the property of citizens when those citizens are unable to care for that
				  property. This responsibility may accrue to the personnel as a result of an
				  arrest, voluntary abandonment by the rightful owner or others in control of the
				  property, involuntary abandonment, or by seizure.
(b) Inventory required. All property which
				  comes into the care, custody or control of an officer of the department will be
				  inventoried as soon as practicable and a written record of the results of the
				  inventory made on the prescribed form.
(c) Operational procedure. When it becomes
				  necessary to assume the responsibility for property belonging to another,
				  department officers will, as soon as practicable and without undue delay,
				  inventory that property and record the results on the prescribed inventory
				  form.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter D - TRAFFIC SUPERVISION › Section 3.57 - Traffic Warrant Service

Current through Reg. 49, No. 28; July 12, 2024
When a traffic warrant is actually served and the defendant
					 is taken into custody, the arresting officer will handle the defendant as
					 prescribed by the Texas Code of Criminal Procedure, Article
					 15.17.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter D - TRAFFIC SUPERVISION › Section 3.58 - Acceptance of Out-of-State Bail Bond Receipts as Drivers License

Current through Reg. 49, No. 28; July 12, 2024
Receipts for drivers license. Some states permit persons
					 charged with certain traffic offenses to surrender their drivers license in
					 lieu of posting bail, to guarantee court appearances. A receipt is issued by a
					 court, or by an officer, to each driver who surrenders his drivers license in
					 lieu of bail. This receipt is recognized as a drivers license in the state
					 issuing the receipt until the date of trial shown on the receipt. Officers of
					 the department will accept these receipts as a valid license in Texas under the
					 same conditions that they are accepted in the issuing state.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter D - TRAFFIC SUPERVISION › Section 3.60 - Escort, Policies and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Emergency
				  vehicles.
(1) The department will furnish
				  emergency escorts and emergency transportation for persons only when the escort
				  or conveyance is necessary for the preservation of life or when expediting
				  movements of supplies and personnel for the armed forces during national
				  emergency.
(2) Emergency vehicles,
				  particularly ambulances, will not be escorted by officers except under special
				  circumstances.
(3) Whenever
				  possible, officers will avoid escorting private automobiles on emergency runs.
				  If an escort is necessary and the patient can be transferred to the department
				  vehicle without jeopardizing his life, he will be transferred to the department
				  vehicle for the emergency run.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter I - ASSISTANCE TO LOCAL AGENCIES › Section 3.121 - Assistance to Local Agencies

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Introduction. In the numerous jurisdictions in which department officers are
				  stationed, a myriad of events peculiar to those areas will occur which may
				  prompt local governmental agencies to call on the department for assistance.
				  Examples are as numerous as the number of jurisdictions. Some of these are:
				  traffic control at high school or college sports events, crowd supervision at
				  community events, assistance in moving livestock across public roads, or
				  assisting the Texas Department of Criminal Justice in the movement of inmates
				  from one facility to another.
(b)
				  Policy. The department will assist other law enforcement agencies or political
				  subdivisions with such events or such situations when a reasonable request is
				  made by an appropriate authority and resources permit.
(1) Officers should exercise good judgment in
				  assisting with crowd or traffic control and will confer with their immediate
				  supervisors immediately if they feel the activity might have adverse
				  effects.
(2) Unless assigned to
				  such duty by a supervisory officer, troopers should remember that primary
				  duties take precedence over other activities and should take this into
				  consideration when deciding whether or not to assist. However where an activity
				  provides a real service to the community, troopers should make reasonable
				  effort to provide the requested assistance.
(3) Troopers will not be routinely assigned
				  to crowd or traffic control duties at private commercial enterprises such as
				  sporting events, festivals, or other private economic ventures. Such duties are
				  the responsibility of the owner and promoter of the event. In the case of a
				  potential civil disturbance or a need to provide law enforcement, the director
				  will provide the resources deemed necessary to address the problem.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter K - PARKING AND TRAFFIC ADMINISTRATION › Section 3.161 - General

Current through Reg. 49, No. 28; July 12, 2024
(a) Objective.
(1) The overall objective is to provide for
				  the most equitable and economical parking facilities for state employees, state
				  officials, and the visiting public in accordance with the general law as set
				  out in Texas Government Code, §§
											411.061-411.067.
				  Parking and traffic administration are administered by the Highway Patrol
				  Service with full authority to carry out the responsibilities of the Texas
				  Department of Public Safety.
(2) In
				  addition to a limited number of reserved parking spaces, these sections allow
				  for free parking for other employees. Assignments for free parking will be made
				  to locations as near as possible to the employee's work location. Parking in
				  these locations will be on a first-come basis.
(3) In an effort to conserve energy and to
				  alleviate traffic congestion in the Capitol Complex, car pooling will be
				  encouraged by the assignment of free reserved parking.
(4) Under the provisions of the Americans
				  with Disabilities Act (ADA) and 29 Code of Federal Regulations Part 163.2, a
				  qualified employee with a disability will be assigned a free reserved parking
				  space. As a reasonable accommodation for employees with significant mobility
				  impairments, a free reserved space as near as possible to the building where
				  the employee is employed shall be designated, whether in space assigned to the
				  employing agency or in space managed by the department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter K - PARKING AND TRAFFIC ADMINISTRATION › Section 3.163 - New Lots/Garages

Current through Reg. 49, No. 28; July 12, 2024
(a) Whenever a new
				  lot or parking garage is opened for operation, assignments will be made as near
				  as possible to the employee's work location.
(b) Provided that whenever a new garage is
				  opened that is connected to or part of a building, whether by new construction
				  or by purchase of an existing facility, assignments to that location may be
				  first made to the employees occupying the building.
(c) Additional and further assignments will
				  be made in accordance with these sections.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter K - PARKING AND TRAFFIC ADMINISTRATION › Section 3.164 - Trades, Transfers, and Terminations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The department may make space trades for employees currently having assigned
				  spaces. In allowing such trades, the department shall satisfy itself that the
				  best interests of the state will be served.
(b) If an employee is transferred to another
				  work station outside the jurisdiction of the parking administration or is
				  terminated, he or she shall relinquish his or her assignment.
(c) In case of a transfer, should the
				  employee be reassigned within six months of the original transfer, he or she
				  shall be entitled to a priority assignment in the same facility as his or her
				  relinquished assignment if a space is available.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter K - PARKING AND TRAFFIC ADMINISTRATION › Section 3.165 - Monthly Parking Charges, Payment, and Refunds

Current through Reg. 49, No. 28; July 12, 2024
(a) Charges. Monthly charge for assigned
				  parking will be at the rate set by the state legislature, or if no rate is set,
				  at a rate set by the department. The department sets the rate at $10 per
				  reserved space.
(b) Payment.
				  Monthly charges shall be paid quarterly in advance, due on the first day of
				  September, December, March, and June. The payment is considered delinquent on
				  the 10th of the month, at which time a notice is sent to the agency advising
				  the agency to remit payment within five working days of the date of
				  notice.
(c) The department may
				  charge a fee not to exceed $8.00 per day for any Capitol Complex metered
				  parking space reserved for a special event in which the meter would not be
				  available to the general public. The same fee may be charged for any Capitol
				  Complex metered parking space reserved for a special event or construction
				  project permitted by the City of Austin in accordance with a signed interlocal
				  agreement between the City of Austin and the department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter K - PARKING AND TRAFFIC ADMINISTRATION › Section 3.166 - Priority of Assignments

Current through Reg. 49, No. 28; July 12, 2024
(a) When the
				  legislature is in session, the department shall assign and have marked, for
				  unrestricted use by members and administrative staff of the legislature, the
				  reserved parking spaces in the Capitol Complex requested by the respective
				  houses of the legislature. A request for parking spaces reserved pursuant to
				  this subsection shall be limited to spaces in the Capitol area and the
				  additional spaces in state parking lots proximately located to the
				  Capitol.
(b) When the legislature
				  is not in session, the department shall, at the request of the respective
				  legislative bodies, assign and have marked the spaces requested for use by
				  members and administrative staff of the legislature, in the areas described in
				  subsection (a) of this section.
(c)
				  The department may assign parking spaces to elected state officials and
				  appointed heads of state agencies who occupy space in state buildings located
				  within the Capitol Complex.
(d) The
				  department will assign parking spaces to state employees with disabilities. See
				  §
										3.161 of this
				  title (relating to General). A state employee will be considered eligible for
				  assignment to designated disabled parking areas or permanent assignment to a
				  free reserved disabled person's parking space if the person holds a Texas
				  Department of Transportation disabled person parking privilege issued by a
				  county tax assessor-collector as described in Texas Transportation Code, §
										502.253,
				  §
										681.002,
				  or §
										681.003.
(e) If spaces are available, the department
				  may assign parking spaces to car pools. See §
										3.169 of
				  this title (relating to Car Pools).
(f) The department may assign an appropriate
				  number of reserved parking spaces to state agencies housed in the Capitol
				  Complex, or in other state facilities administered by the department whether or
				  not located in the City of Austin. See §
										3.162
				  of this title (relating to Assignment to a Reserved Space or Open
				  Facility).
(g) All remaining
				  parking facilities under the charge and control of the department in the area
				  described in subsection (f) of this section may be made available for use by
				  state employees. Such employees shall be those working for agencies who occupy
				  space in state buildings, located within the area specified in subsection (f)
				  of this section.
(h) To implement
				  the requirements of this section, the department shall not be required to
				  assign all of the spaces available. The department by discretion may make use
				  of any unassigned spaces designated under this section, so long as that use is
				  in accordance with Texas Government Code, §§
										411.061-411.067,
				  and these sections.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter K - PARKING AND TRAFFIC ADMINISTRATION › Section 3.167 - Temporary Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) Temporary
				  permits may be issued for a period of one to 15 days. If the need for the
				  permit continues to exist after 15 working days, a new permit may be obtained
				  in the parking administration office.
(b) Upon written request from the agency
				  parking coordinator, a 90-day special permit or construction permit may be
				  issued if spaces are available. Once approved, the permit must be displayed and
				  the employee or the contractor who is issued the permit will be responsible for
				  any parking violations on the vehicle.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter K - PARKING AND TRAFFIC ADMINISTRATION › Section 3.168 - Sublease and Utilization

Current through Reg. 49, No. 28; July 12, 2024
Subleasing an assignment shall not be permitted and is a
					 violation of these sections. It is permissible for an employee who is assigned
					 a reserved space by his or her agency to allow another state employee to use
					 that assignment during vacations, absences due to illness, or official travel,
					 provided the parking coordinator for his or her agency is notified in advance,
					 but charging a fee for this favor is a violation of these
					 sections.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter K - PARKING AND TRAFFIC ADMINISTRATION › Section 3.169 - Car Pools

Current through Reg. 49, No. 28; July 12, 2024
(a) Car pools shall
				  consist of at least three participating state employees not having the same
				  domicile and who normally drive their vehicles to work.
(b) A newly established car pool, meeting the
				  requirements of this section as determined by the Texas Department of Public
				  Safety, shall be assigned a reserved space as near as possible to the building
				  in which they work, provided this would not result in the dislocation of any
				  employee having a previously assigned reserved space.
(c) Responsibility for the car pool shall be
				  given to a designated member of the car pool, whose identification as such
				  shall be recorded in the parking records. Notice to the designated member for
				  any purpose set out in these sections shall be deemed notice to all members of
				  the car pool.
(d) Only one vehicle
				  in each car pool shall be parked in state lots or garages. Should two members
				  of the same car pool need to drive their vehicles, the second vehicle must
				  notify the parking administration immediately upon arrival.
(e) Assignment of a reserved space to a car
				  pool shall result in the automatic forfeiture of any previous assignment to the
				  members of the car pool. Subsequent departure of a car pool member, or
				  dissolution of the car pool itself will not restore any parking assignment
				  previously forfeited by a member.
(f) Departure of a car pool member will not
				  work as automatic forfeiture of the car pool assignment unless the membership
				  falls below three members and a new member cannot be found within 60 days to
				  restore the car pool to the minimum qualifying number.
(g) Dissolution of a car pool for any reason
				  will not give the individual members any right to the priority space assigned
				  to that car pool.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter K - PARKING AND TRAFFIC ADMINISTRATION › Section 3.170 - Parking Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) All vehicles
				  utilizing open parking must display a current parking permit. Up to two permits
				  may be issued to each employee, but only one vehicle bearing a permit issued to
				  an employee may make use of that employee's parking privilege within the
				  Capitol Complex at a time. The department is authorized to issue either decal
				  permits or hanging permits.
(1) Decal permits
				  shall be applied to the vehicle according to instructions provided at the time
				  of issuance.
(2) Hanging permits
				  will normally be hung from the rearview mirror when the vehicle is parked in a
				  state parking lot or garage. If no mirror post is available, the permit may be
				  taped to the front windshield, in the lower center, or otherwise displayed so
				  that it is readily visible from outside the vehicle. If hanging permits are
				  issued, one permit will be issued to each eligible employee. The employee may
				  use the hanging permit on any vehicle which the employee drives to
				  work.