reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 17 - ADMINISTRATIVE LICENSE REVOCATION › Subchapter A - ADMINISTRATIVE LICENSE REVOCATION › Section 17.3 - Notice of Suspension or Disqualification

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice of an ALR suspension or
				  disqualification. Notice of an ALR suspension or disqualification may be served
				  either by a peace officer or by the department.
(b) Notice given by a peace officer.
(1) If a person arrested for an offense under
				  Texas Penal Code, §
											49.04,
				  §
											49.07, or
				  §
											49.08,
				  submits to the taking of a specimen of breath or blood and an analysis of the
				  specimen shows the person had an alcohol concentration of a level specified in
				  Texas Penal Code, §
											49.01(2)(B),
				  the peace officer shall personally serve notice of driver's license suspension
				  on the arrested driver.
(2) If the
				  person is a minor arrested for an offense under Alcoholic Beverage Code, §
											106.041,
				  or under Texas Penal Code, §
											49.04,
				  §
											49.07, or
				  §
											49.08,
				  who either submits to the taking of a specimen and an analysis of the specimen
				  shows that the minor had an alcohol concentration of a level specified by Texas
				  Transportation Code, §
											524.011(a)(2)(B),
				  or is not requested to submit to the taking of a specimen, the peace officer
				  shall personally serve notice of driver's license suspension on the
				  minor.
(3) If a person was
				  operating a commercial motor vehicle and submits to the taking of a specimen of
				  breath, blood or urine as provided by Texas Transportation Code, Chapter 522,
				  and an analysis of the specimen shows an alcohol concentration of 0.04 or more,
				  the peace officer shall personally serve notice of disqualification on the
				  person.
(4) Pursuant to paragraphs
				  (1), (2), and (3) of this subsection, if a specimen is taken and the analysis
				  of the specimen is not returned to the peace officer before the person is
				  admitted to bail, released from custody, delivered as provided by Title 3,
				  Family Code, or committed to jail, the arresting officer shall attempt to serve
				  notice of driver's license suspension or disqualification by personally
				  delivering the notice to the person.
(5) If a person arrested for an offense under
				  Texas Penal Code, §
											49.04,
				  §
											49.06,
				  §
											49.07,
				  §
											49.08,
				  or an offense under Texas Alcoholic Beverage Code, §
											106.041,
				  or a person requested to submit a breath, blood or urine specimen under Texas
				  Transportation Code, Chapter 522, refuses to give a specimen as designated by
				  the peace officer, the officer shall personally serve notice of driver's
				  license suspension or disqualification on the person.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 17 - ADMINISTRATIVE LICENSE REVOCATION › Subchapter A - ADMINISTRATIVE LICENSE REVOCATION › Section 17.4 - ALR Reports

Current through Reg. 49, No. 28; July 12, 2024
Following an ALR contact, the peace officer shall submit an
					 ALR report to the department on a form approved by the department.
(1) ALR Reports: breath, blood or urine test
				  refusal. This section applies to offenses under Texas Penal Code, §
										49.04,
				  §
										49.06,
				  §
										49.07,
				  §
										49.08,
				  Texas Transportation Code, Chapter 522, or Texas Alcoholic Beverage Code,
				  106.041. An ALR report based on a breath, blood or urine test refusal shall
				  contain the following information:
(A) The
				  identity of the person by full legal name, date of birth, and driver's license
				  number, if any;
(B) the peace
				  officer's sworn report or probable cause affidavit (Form DIC-23 and/or Form
				  DIC-54);
(C) a copy of the
				  statutory warning delivered to the person prior to requesting a specimen of
				  breath or blood (Form DIC-24) and/or a copy of the statutory warning for
				  commercial motor vehicle operators delivered to the person prior to requesting
				  a specimen of breath, blood or urine (Form DIC-55);
(D) the person's current address;
(E) documentation of the refusal (Form DIC-24
				  and/or Form DIC-55), as evidenced by:
(i) a
				  written refusal to give a specimen, signed by the person; or
(ii) a statement signed by the officer
				  stating that the person refused to give a specimen and also refused to sign the
				  statement requested by the officer under Texas Transportation Code, §
												724.031.
(F) the notice of suspension and
				  temporary driving permit (Form DIC-25) served and/or the notice of
				  disqualification and temporary driving permit (Form DIC-57); and
(G) any other information required by the
				  department on its approved form.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 17 - ADMINISTRATIVE LICENSE REVOCATION › Subchapter A - ADMINISTRATIVE LICENSE REVOCATION › Section 17.5 - Intake

Current through Reg. 49, No. 28; July 12, 2024
(a) the department may reject any ALR report
				  and decline to prosecute any ALR suspension or disqualification.
(b) For purposes of an ALR suspension or
				  disqualification based on a breath test failure, a valid breath alcohol test
				  record is required. To be considered valid, the breath test record must meet
				  the following criteria:
(1) There must be no
				  "invalid" message.
(2) Results must
				  be clearly printed.
(3) All air
				  blanks must be 0.000.
(4) The test
				  record must bear the signature of the breath test operator.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 17 - ADMINISTRATIVE LICENSE REVOCATION › Subchapter A - ADMINISTRATIVE LICENSE REVOCATION › Section 17.6 - Rescission

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may rescind any ALR
				  suspension or disqualification.
(b)
				  If for any reason the department declines to prosecute an ALR suspension or
				  disqualification, or rescinds said action after imposition, the department
				  shall send notice of rescission to the person at his/her address of record, and
				  current address, if different by first class mail. Under such circumstances,
				  the department may return the person's driver license if it was previously
				  surrendered or confiscated.
(c) A
				  decision by the department to rescind notice of suspension or disqualification
				  has no binding precedential value and the department may later prosecute a
				  suspension or disqualification arising out of the same incident.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 17 - ADMINISTRATIVE LICENSE REVOCATION › Subchapter A - ADMINISTRATIVE LICENSE REVOCATION › Section 17.7 - Administrative Suspension or Disqualification of Driver's License

Current through Reg. 49, No. 28; July 12, 2024
After notice of suspension and/or disqualification has been
					 properly served, the department shall impose a suspension or disqualification
					 as provided by law, unless the person makes a timely hearing request as
					 provided in §
										17.8
					 of this title (relating to Hearing Requests).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 17 - ADMINISTRATIVE LICENSE REVOCATION › Subchapter A - ADMINISTRATIVE LICENSE REVOCATION › Section 17.8 - Hearing Requests

Current through Reg. 49, No. 28; July 12, 2024
A person who receives notice of suspension or
					 disqualification may request a hearing as provided.
(1) A hearing request must either be
				  delivered in writing, including by facsimile transmission, or be transmitted by
				  telephone, to the department at its headquarters in Austin at the address or
				  phone number contained in the notice of suspension or disqualification. Hearing
				  requests delivered to any other department address or telephone number will not
				  be honored.
(2) A hearing request
				  must contain sufficient information to enable the department to identify the
				  defendant and to schedule the hearing, which information shall include the
				  following: the defendant's full legal name, date of birth, driver's license
				  number, the date of arrest, the county of arrest, the name of the law
				  enforcement agency which made the arrest, whether the defendant allegedly
				  failed or refused the specimen test or was not requested to submit a specimen,
				  and such additional nonprivileged information as may be requested by the
				  department.
(3) A hearing request
				  must be timely. In order to be considered timely, a hearing request containing
				  all of the information set forth in paragraph (2) of this section must be
				  received by the department at its headquarters in Austin at the address or
				  phone number contained in the notice of suspension not later than 5:00 p.m. on
				  the 15th day after:
(A) the date notice of
				  suspension or disqualification was served by a peace officer; or
(B) the date notice is presumed to have been
				  received, according to the records of the department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 17 - ADMINISTRATIVE LICENSE REVOCATION › Subchapter A - ADMINISTRATIVE LICENSE REVOCATION › Section 17.9 - Hearings

Current through Reg. 49, No. 28; July 12, 2024
ALR hearings shall be held in accordance with Texas
					 Transportation Code, Chapters 524 and 724, and in accordance with 1 Texas
					 Administrative Code, Chapter 159.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 17 - ADMINISTRATIVE LICENSE REVOCATION › Subchapter A - ADMINISTRATIVE LICENSE REVOCATION › Section 17.10 - Out-Of-State Orders and Judgments

Current through Reg. 49, No. 28; July 12, 2024
The department shall give full faith and credit to
					 convictions, suspensions, denials, and disqualifications arising in other
					 states.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 17 - ADMINISTRATIVE LICENSE REVOCATION › Subchapter A - ADMINISTRATIVE LICENSE REVOCATION › Section 17.11 - Appeals

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon receipt of an appeal petition, the
				  department shall determine whether the defendant is entitled to a 90-day stay
				  of suspension or disqualification pending appeal, in accordance with Texas
				  Transportation Code, Chapter 524. For purposes of determining whether an appeal
				  stays a suspension, the department will consider prior alcohol-related and
				  drug-related enforcement contacts. For purposes of this subsection,
				  alcohol-related and drug-related enforcement contacts occurring both prior to
				  and after the effective date of ALR shall be considered. The date of a prior
				  alcohol-related or drug-related enforcement contact, not the date of the
				  conduct, shall be controlling.
(b)
				  If a stay is granted pending appeal, it shall be effective from the date the
				  petition is filed, not from the date of hearing or decision of the
				  administrative law judge.
(c) A
				  remand pursuant to §524.043(e) does not stay the suspension or
				  disqualification.
(d) To perfect
				  service on the department of a judicial appeal of a final order in a contested
				  ALR case pursuant to 1 TAC § 159.37(relating to Appeal of Judge's
				  Decision) and this section, a defendant must send by certified mail a
				  file-stamped copy of the defendant's appeal petition, certified by the clerk of
				  the court in which the petition is filed, to the department at its headquarters
				  in Austin. The certified copy must be addressed and mailed to Director of
				  Hearings, ALR Program, Box 15327, Austin, Texas 78761-5327 or by hand delivery
				  or courier receipted delivery through a commercial overnight service during
				  regular business hours to the Director of Hearings, ALR Program, Driver License
				  Division, Department of Public Safety, Main Building, 5805 North Lamar
				  Boulevard, Austin, Texas 78752-0300. A suspension will not be stayed until
				  service is perfected according to this subsection.
(e) If an affirmative finding by an
				  administrative law judge is reversed on appeal, the appellant shall notify the
				  department by mailing a file-stamped copy of the judgment from the appellate
				  court to the department, addressed to Director of Hearings, ALR Program, Box
				  15327, Austin, Texas 78761-5327. Upon verification, the department shall remove
				  references of the ALR suspension or disqualification from defendant's driving
				  record if warranted.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 17 - ADMINISTRATIVE LICENSE REVOCATION › Subchapter A - ADMINISTRATIVE LICENSE REVOCATION › Section 17.12 - Final Order of Suspension or Disqualification

Current through Reg. 49, No. 28; July 12, 2024
If an administrative hearing is not requested, then before
					 the effective date of suspension or disqualification, the department shall mail
					 a final order of suspension or disqualification to the person's address of
					 record. The order shall state the length of suspension or disqualification and
					 the procedure for reinstatement. A final order of suspension or
					 disqualification is not considered notice of suspension or disqualification for
					 purposes of requesting an administrative hearing under this section. A final
					 order of suspension or disqualification is presumed received on the 5th day
					 after the day it is mailed.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 17 - ADMINISTRATIVE LICENSE REVOCATION › Subchapter A - ADMINISTRATIVE LICENSE REVOCATION › Section 17.13 - Effect of Acquittal; Notification to the Department

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon notification that a criminal charge
				  under Texas Penal Code, §
										49.04,
				  §
										49.06,
				  §
										49.07,
				  §
										49.08,
				  or Texas Alcoholic Beverage Code, §
										106.041,
				  has resulted in an acquittal, the department shall not impose a suspension
				  arising out of the same conduct or transaction. If a suspension has already
				  been imposed, the department shall rescind the suspension and remove references
				  to the suspension from the computerized driving record of the
				  defendant.
(b) To ensure that the
				  department receives notice of acquittal, the defendant shall send a certified
				  copy of the judgment of acquittal to the department at the address listed in
				  §
										17.16(1)
				  of this title (relating to Service On The Department Of Certain Items Required
				  To Be Served On, Mailed To, Or Filed With The Department). A defendant should
				  send a written request which identifies the defendant by name and driver's
				  license number, states the date and county of arrest, and requests rescission
				  of the suspension. The department reserves the right to verify the acquittal.
				  Upon verification, the department shall rescind the suspension and remove
				  references to the suspension from the defendant's computerized driving
				  record.
(c) For purposes of this
				  section, the following types of dispositions of any criminal complaint shall
				  not be regarded as an acquittal:
(1) a
				  pre-trial order of dismissal where jeopardy has not attached;
(2) a reduction of charges;
(3) a conviction on a lesser included
				  charge;
(4) a disposition under
				  Texas Penal Code, §
											12.45;
				  or
(5) any discharge or dismissal
				  brought about by a failure to bring a cause of action to speedy trial within
				  the time required by the state or federal constitutions.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 17 - ADMINISTRATIVE LICENSE REVOCATION › Subchapter A - ADMINISTRATIVE LICENSE REVOCATION › Section 17.14 - Enforcement of Suspensions or Disqualifications

Current through Reg. 49, No. 28; July 12, 2024
(a) Knowledge of a license suspension or
				  disqualification is presumed if a peace officer served notice of suspension or
				  disqualification on the person, or if the department mailed notice of
				  suspension or disqualification to the person's address of record and to the
				  person's current address given to the peace officer, if different.
(b) A Texas driver's license, permit, or
				  privilege to operate a motor vehicle may be suspended, denied or disqualified
				  under provisions of ALR. The loss of the privilege to drive in Texas shall
				  apply to unlicensed drivers and nonresidents, as well as residents. The
				  department shall not issue a driver's license to any person who is subject to
				  an order of suspension, denial or disqualification.
(c) Upon suspension or disqualification of a
				  driver's license, a Texas licensee must surrender any suspended or disqualified
				  license to the department. If a person cannot comply, he must submit an
				  affidavit to the department stating the reason why he cannot produce and
				  surrender the license. Failure or refusal to surrender a license may result in
				  the department initiating criminal proceedings against that licensee, as
				  provided by Texas Transportation Code, Chapter 521. A person may surrender a
				  suspended or disqualified license by either of the following methods:
(1) A person may deliver a suspended or
				  disqualified license to an ALR Hearing Attorney employed by the department, any
				  uniformed officer of the department, or any department office during regular
				  business hours.
(2) A person may
				  mail a suspended or disqualified license to the Texas Department of Public
				  Safety, Driver Improvement and Control, Box 4040, Austin, Texas
				  78773-0320.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 17 - ADMINISTRATIVE LICENSE REVOCATION › Subchapter A - ADMINISTRATIVE LICENSE REVOCATION › Section 17.15 - Reinstatement

Current through Reg. 49, No. 28; July 12, 2024
A driver's license suspended under Texas Transportation
					 Code, Chapter 524 or Chapter 724 may not be reinstated and another driver's
					 license may not be issued until the suspended person files an appropriate
					 application and pays to the department a reinstatement fee of $125, in addition
					 to any other fees required by law.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 17 - ADMINISTRATIVE LICENSE REVOCATION › Subchapter A - ADMINISTRATIVE LICENSE REVOCATION › Section 17.16 - Service on the Department of Certain Items Required to be Served on, Mailed to, or Filed With the Department

Current through Reg. 49, No. 28; July 12, 2024
(a) Where
				  authorized, required, or permitted by statute or rule, a Request for
				  Production, Maintenance and Repair records, and/or any tangible/documentary
				  evidence required to be served by the defendant on the department must be
				  served on the department by one of the following methods:
(1) by first-class mail, or by certified mail
				  where required, addressed to Director of Hearings, ALR Program, Box 15327,
				  Austin, Texas 78761-5327;
(2) by
				  telephonic document transfer (fax) to (512) 424-7171, to the attention of the
				  Director of Hearings, ALR Program;
(3) by hand delivery, during regular business
				  hours, directly to the Director of Hearings, ALR Program, Driver License
				  Division, Department of Public Safety, Main Building, 5805 North Lamar
				  Boulevard, Austin, Texas 78752-0300.
(4) by courier receipted delivery through a
				  commercial overnight express delivery service to the Director of Hearings, ALR
				  Program, Driver License Division, Department of Public Safety, Main Building,
				  5805 North Lamar Boulevard, Austin, Texas 78752-0300.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 19 - BREATH ALCOHOL TESTING REGULATIONS › Subchapter A - BREATH ALCOHOL TESTING REGULATIONS › Section 19.2 - Instrument Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) The Office
				  of the Scientific Director, Breath Alcohol Testing Program, Texas Department of
				  Public Safety (hereinafter referred to as the scientific director) shall
				  approve and certify all breath alcohol testing instruments to be used for
				  evidential purposes.
(1) The scientific
				  director will establish and maintain a list of approved instruments by
				  manufacturer brand or model designation for use in the state.
(2) A manufacturer or designated
				  representative desiring approval of an instrument not on the approved list may
				  submit an instrument to the scientific director. Examination and evaluation of
				  the instrument to determine if it meets the criteria for approval or
				  certification as an evidential instrument will be done at the discretion of the
				  scientific director. Costs associated with such a submission will be done at
				  the expense of the submitting entity.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 19 - BREATH ALCOHOL TESTING REGULATIONS › Subchapter A - BREATH ALCOHOL TESTING REGULATIONS › Section 19.3 - Techniques and Methods

Current through Reg. 49, No. 28; July 12, 2024
(a) All breath
				  alcohol testing techniques and methods shall meet, but not be limited to, the
				  requirements as detailed in this subsection:
(1) a period during which an operator is
				  required to remain in the presence of the subject. An operator shall remain in
				  the continuous presence of the subject at least 15 minutes immediately before
				  the test and should exercise reasonable care to ensure that the subject does
				  not place any substances in the mouth. Direct observation is not necessary to
				  ensure the accuracy of the test result;
(2) the breath alcohol testing instrument
				  must be operated by a certified operator or technical supervisor and only
				  certified personnel will have access to the instrument;
(3) a reference system used in conjunction
				  with subject analysis, the results of which must agree with the nominal value
				  within plus or minus 0.01g/210 L, or such limits as set by the scientific
				  director;
(4) all analytical
				  results shall be expressed in grams of alcohol per 210 liters of breath (g/210
				  L);
(5) maintenance of any
				  specified records designated by the scientific director;
(6) supervision of certified operators and
				  testing techniques by a technical supervisor meeting the qualifications set
				  forth in §
											19.5
				  of this title (relating to Technical Supervisor Certification);
(7) designation that the instrumentation will
				  be used only:
(A) for testing subjects
				  suspected of violating any statute or codified rule that defines intoxication
				  in terms of alcohol concentration; and
(B) in compliance with §19.4(b), (c),
				  and (e) of this title (relating to Operator Certification).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 19 - BREATH ALCOHOL TESTING REGULATIONS › Subchapter A - BREATH ALCOHOL TESTING REGULATIONS › Section 19.4 - Operator Certification

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Certification.
(1) Prior to certification an
				  applicant must establish proof of association, or pending association with: a
				  law enforcement agency, or a laboratory, actively engaged in evidential breath
				  alcohol testing, or a certified school of instruction in Texas or proof of
				  pending association upon receipt of certification.
(2) Conviction history:
(A) persons convicted of a felony or a Class
				  A misdemeanor shall not be eligible to be a certified operator;
(B) persons convicted of a Class B
				  misdemeanor within the last 10 years shall not be eligible to be a certified
				  operator;
(C) persons receiving a
				  driver license suspension or a denial to issue a driver license for refusal to
				  submit to the taking of a specimen per the provisions of Texas Transportation
				  Code, Chapter 724 or Chapter 522 within the last 5 years shall not be eligible
				  to be a certified operator.
(3) Prior to initial certification as a
				  breath test operator, an applicant must successfully complete a course of
				  instruction meeting the criteria set forth in §
											19.6
				  of this title (relating to Approval of Courses of Instruction).
(4) Prior to certification as an operator of
				  a breath alcohol testing instrument, an applicant must satisfactorily meet the
				  criteria, set forth by the scientific director or a designated representative,
				  as detailed in this paragraph:
(A) a written
				  examination;
(B) establish
				  competency in the operation of the instrument on which the operator is to be
				  certified and the proper completion of all required reports and
				  records;
(C) failure of the written
				  examination and/or failure to establish competency in the operation of the
				  instrument will cause the applicant to be ineligible for reexamination for a
				  period of 30 days. A subsequent failure of either criteria will require that
				  the candidate attend and satisfactorily complete the initial course of
				  instruction for certification of a breath test operator.
(5) Upon successful completion of the
				  requirements for certification, the scientific director will issue the
				  individual an operator certificate for a period of time designated by the
				  scientific director or until the next examination for renewal unless
				  inactivated or suspended.
(6) If an
				  operator is certified to operate a specific brand and/or model of equipment and
				  is required to be certified on an additional brand and/or model of equipment,
				  the scientific director may waive portions of this section and only require
				  instruction needed to acquaint the applicant with proper operation of the new
				  brand and/or model of equipment.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 19 - BREATH ALCOHOL TESTING REGULATIONS › Subchapter A - BREATH ALCOHOL TESTING REGULATIONS › Section 19.5 - Technical Supervisor Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) The primary
				  function of the technical supervisor is to provide the technical,
				  administrative and supervisory expertise in safeguarding the scientific
				  integrity of the breath alcohol testing program and to ensure the breath
				  alcohol testing program's acceptability for evidential purposes. The technical
				  supervisor, in matters pertaining to breath alcohol testing, is the field agent
				  of the scientific director. Supervision by the technical supervisor in
				  accordance with the provisions stated in these regulations shall include, but
				  not be limited to:
(1) supervision of
				  certified operators in performance of breath alcohol test operations, including
				  the proper completion of forms and records, and operator's compliance with the
				  provisions stated in these regulations;
(2) supervision of certified instrumentation
				  and affiliated equipment;
(3)
				  supervision of data gathered for initial certification and/or approval of
				  individual instruments;
(4)
				  supervision of techniques and methods, maintaining scientific integrity and
				  upholding these regulations;
(5)
				  selection and supervision of a site location as it applies to security and
				  technical suitability for testing;
(6) supervision of compliance with the policy
				  of public information and/or demonstrations of breath alcohol testing
				  instruments and equipment;
(7) all
				  technical, administrative and regulatory aspects of breath alcohol testing;
				  and
(8) expert testimony by direct
				  testimony or by affidavit concerning all aspects of breath alcohol
				  testing.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 19 - BREATH ALCOHOL TESTING REGULATIONS › Subchapter A - BREATH ALCOHOL TESTING REGULATIONS › Section 19.6 - Approval of Courses of Instruction

Current through Reg. 49, No. 28; July 12, 2024
(a) Any agency,
				  laboratory, institution, school or college intending to offer a course of
				  instruction for certified operators of evidential breath alcohol testing
				  instruments, must have the course curriculum approved by the scientific
				  director.
(b) The operator course
				  must utilize the most current revision of the Texas Breath Alcohol Testing
				  Program Operator Manual as the primary instructional text and contain, as a
				  minimum, these areas of instruction:
(1) the
				  effects of alcohol on the human body;
(2) the operational principles of the breath
				  alcohol testing instrument to be used, including:
(A) a functional description of the testing
				  method; and
(B) a detailed
				  operational description of the method with demonstrations.
(3) legal aspects of breath alcohol
				  testing;
(4) supplemental
				  information which is to include nomenclature appropriate to the field of breath
				  alcohol testing;
(5) participation
				  in a laboratory setting operating the breath testing equipment. Laboratory
				  practice will include the analysis of reference samples, as well as the
				  analysis of breath samples from actual drinking subjects and completion of all
				  required records and reports needed for documentation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 19 - BREATH ALCOHOL TESTING REGULATIONS › Subchapter A - BREATH ALCOHOL TESTING REGULATIONS › Section 19.7 - Revisions

Current through Reg. 49, No. 28; July 12, 2024
The changes which are adopted with the revision of these
					 regulations apply only to breath tests that are done after the date of this
					 revision. Previous revisions of these regulations are not nullified and nothing
					 herein should be construed as limiting or canceling the effect of old
					 regulations on tests done under these previous regulations.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 21 - EQUIPMENT AND VEHICLE SAFETY STANDARDS › Section 21.2 - Standards for Vehicle Safety

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Standards--Federal Motor Vehicle Safety Standard (FMVSS). The standard for
				vehicle equipment established by the Texas Department of Public Safety is
				identical to the applicable federal standard.
(1) Lamps, Reflective Devices, and Associated
				Equipment--FMVSS 108. The standard detailed in this paragraph applies to lamps,
				reflective devices, and associated equipment installed on a vehicle as
				original, replacement, or aftermarket equipment. No additional lamp, reflective
				device, equipment, or other material is permitted to be installed on a vehicle
				that impairs the effectiveness of, or interferes with, lighting or reflective
				devices required by this standard. A lamp or reflective device installed in a
				location and manner described by FMVSS 108 must meet the prescribed color
				requirements regardless of whether or not the lamp or device is required
				equipment. The standards for the lamps, reflective devices, and associated
				equipment in subparagraphs (A) - (R) of this paragraph are described in FMVSS
				108:
(A) backup lamp;
(B) clearance lamp;
(C) hazard warning lamp, signal, flashers,
				and switches;
(D) headlamp--sealed
				and nonsealed beam and housing;
(E)
				identification lamp;
(F) license
				plate lamp;
(G) parking lamp (front
				position lamps);
(H) reflex
				reflector;
(I) intermediate side
				reflex reflectors;
(J) replacement
				lenses;
(K) school bus alternating
				warning lamp, signal, flashers, and switches;
(L) side marker lamp;
(M) intermediate side marker lamps;
(N) stop signal lamp;
(O) high-mounted stop lamp;
(P) tail lamp (rear position
				lamps);
(Q) turn signal lamp,
				signal, flashers, and switches; and
(R) conspicuity systems (retroreflective and
				reflex reflectors for truck tractors, and trailers over 80 inches wide and with
				gross vehicle weights over 10,000 pounds).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 21 - EQUIPMENT AND VEHICLE SAFETY STANDARDS › Section 21.3 - Standards for Sunscreening and Privacy Window Devices

Current through Reg. 49, No. 28; July 12, 2024
(a) The words and
				terms detailed in this section, shall have the following meanings unless the
				context clearly indicates otherwise:
(1)
				Sunscreening device--A glazing, film material, or device for reducing the
				effects of visible sunlight and/or preventing observation. This does not
				include glazing or film material without visible tinting providing protection
				from the effects of ultraviolet light because this type of sunlight is not
				visible to the human eye.
(2) Light
				transmission--Has the meaning assigned by §
										547.001(3)
				of the Transportation Code.
(3)
				Luminous reflectance--Has the meaning assigned by §
										547.001(4)
				of the Transportation Code.
(4)
				Manufacturer--Has the meaning assigned by §
										547.613(g)(2)
				of the Transportation Code.
(5)
				Installer--Has the meaning assigned by §
										547.613(g)(1)
				of the Transportation Code.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 21 - EQUIPMENT AND VEHICLE SAFETY STANDARDS › Section 21.4 - Standards for Safety Guards or Flaps

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Safety guards or flaps are required on all trucks, trailers, or semitrailers
				(in combination with a towing vehicle), if the rearmost axle of the vehicle (or
				combination) has four tires or more, or at least two super single tires. They
				are not required on buses, pole trailers, motor homes, or truck tractors. In
				this section, "super single tire" means a wide-base, single tire that may be
				used in place of two standard tires on the same axle.
(b) Safety guards or flaps shall be located
				and suspended behind the rearmost wheels of such vehicle or if in combination
				behind the rearmost wheels of such combination to within eight inches of the
				surface of the roadway.
(c) A
				tolerance of four inches will be allowed.
(d) Safety guards or flaps shall be at least
				as wide as the tires they are protecting.
(e) When trailers and semitrailers are
				operated in combination with a towing vehicle, safety guards or flaps will be
				required on the rearmost axle of such combination.
(f) Safety guards or flaps shall be of metal,
				rubber, rubberized material, or other substantial material, capable of
				remaining in place back of rear wheels by their own weight or structure while
				the said vehicle is being operated.
(g) The construction of safety guards or
				flaps will be such that they will remain in proper place back of rear wheels
				and will be rigid enough to prevent slush, mud, gravel, and other roadway
				material or debris being transmitted from the vehicle's rear wheels to the
				windshield of the following vehicle.
(h) Safety guards or flaps should be securely
				mounted, as wide as the tire that it is protecting, not split or torn to the
				extent that it is ineffective and the bottom edge of the safety guard or flap
				shall be no more than 12 inches from the surface of the roadway while the
				vehicle is standing still, or otherwise not in motion.
(i) A flexible safety guard or flap may swing
				upwards and backwards while the vehicle is moving, so long as the safety guard
				or flap continues to block the trajectory of slush, mud, gravel, and other
				roadway material or debris which would otherwise be transmitted to the
				windshield of a following vehicle while both vehicles are in motion.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 21 - EQUIPMENT AND VEHICLE SAFETY STANDARDS › Section 21.5 - Standards for Safety Chains

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may
				not operate a passenger car or light truck while towing a trailer, semitrailer,
				house trailer, or another motor vehicle on a public highway unless safety
				chains of a type approved by the department are attached in a manner approved
				by the department from the trailer, semitrailer, house trailer, or drawn motor
				vehicle to the towing vehicle.
(b)
				Exceptions.
(1) Does not apply to trailers,
				or semitrailers, used for agricultural purposes.
(2) Does not apply to trailers, semitrailers,
				house trailers, or drawn motor vehicles operated in compliance with the Federal
				Motor Carrier Safety Regulations.
(3) Does not apply to trailers, semitrailers,
				or house trailers which are equipped with safety chains installed by the
				original manufacturer before the effective date of this section, August 18,
				1994.
(4) Does not apply to fifth
				wheel or gooseneck semitrailers.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 21 - EQUIPMENT AND VEHICLE SAFETY STANDARDS › Section 21.6 - Motorcycle Operator and Passengers Protective Headgear Minimum Safety Standards and Exemption for Motorcycle Protective Headgear

Current through Reg. 49, No. 28; July 12, 2024
(a) The Federal Motor Vehicle Safety
				Standard, Number 218, concerning Motorcycle Helmets, and all amendments
				thereto, is adopted by the department as the minimum standard for motorcycle
				helmets sold for and worn by motorcycle operators and passengers on public
				roadways in Texas.
(b) Persons 21
				years old or older are exempt from wearing a motorcycle helmet if they:
(1) have successfully completed a motorcycle
				operator training course as approved under Texas Transportation Code, Chapter
				662; or
(2) are covered by a health
				insurance plan providing the person with medical benefits for injuries incurred
				as a result of an accident while operating or riding upon a
				motorcycle.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 21 - EQUIPMENT AND VEHICLE SAFETY STANDARDS › Section 21.9 - Slow-Moving Vehicle Emblem Standards

Current through Reg. 49, No. 28; July 12, 2024
The American Society of Agricultural and Biological
				  Engineers, Standard S276 and all amendments thereto, except visibility
				  requirements and mounting requirements, is adopted by the department as the
				  standard for slow-moving vehicle emblems used in Texas.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 23 - VEHICLE INSPECTION › Subchapter A - VEHICLE INSPECTION STATION AND VEHICLE INSPECTOR CERTIFICATION › Section 23.1 - New or Renewal Vehicle Inspection Station Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicants for new or renewal vehicle
				  inspection station certification must apply in a manner prescribed by the
				  department.
(b) By submitting a new
				  or renewal vehicle inspection station application form, the applicant agrees to
				  allow the department to conduct background checks as authorized by
				  law.
(c) A new or renewal vehicle
				  inspection station application must include, but is not limited to, the items
				  listed in paragraphs (1) - (3) of this subsection:
(1) Criminal history disclosure of all
				  convictions, if the applicant is an entity other than an individual, the
				  executive officer or other individual specifically authorized by the entity to
				  sign the application;
(2) Proof of
				  ownership and current status as required by the department. Such proof
				  includes, but is not limited to, a current Certificate of Existence or
				  Certificate of Authority from the Texas Secretary of State and a Certificate of
				  Good Standing from the Texas Comptroller of Public Accounts; and
(3) Payment of the vehicle inspection station
				  nonrefundable new and renewal application fee of $100.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 23 - VEHICLE INSPECTION › Subchapter A - VEHICLE INSPECTION STATION AND VEHICLE INSPECTOR CERTIFICATION › Section 23.2 - Changes and Updates to Vehicle Inspection Station Information

Current through Reg. 49, No. 28; July 12, 2024
(a) A vehicle inspection station certificate
				  holder must notify the department of a business name change in a manner
				  prescribed by the department within 30 days of such change.
(b) If a vehicle inspection station ceases
				  operations related to vehicle inspection, the certificate holder must notify
				  the department and immediately return all forms, signs, equipment furnished by
				  the department and/or state authorized vendor(s), and other official materials
				  relating to the state inspection program. Failure to comply with the
				  requirement of this section may result in criminal prosecution, as well as
				  necessary civil recovery action and may impede any reappointment of the vehicle
				  inspection station.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 23 - VEHICLE INSPECTION › Subchapter A - VEHICLE INSPECTION STATION AND VEHICLE INSPECTOR CERTIFICATION › Section 23.3 - New or Renewal Vehicle Inspector Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicants for a new or renewal vehicle
				  inspector certificate must apply in a manner prescribed by the
				  department.
(b) By submitting a new
				  or renewal vehicle inspector application form, the applicant agrees to allow
				  the department to conduct background checks as authorized by law.
(c) A new or renewal vehicle inspector
				  application must include, but is not limited to, the items listed in paragraphs
				  (1) and (2) of this subsection:
(1) Criminal
				  history disclosure of all convictions of the vehicle inspector applicant;
				  and
(2) Payment of the new or
				  renewal vehicle inspector nonrefundable application fee of $25
				  .
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 23 - VEHICLE INSPECTION › Subchapter A - VEHICLE INSPECTION STATION AND VEHICLE INSPECTOR CERTIFICATION › Section 23.4 - Changes and Updates to Vehicle Inspector Employment, Address, or Name

Current through Reg. 49, No. 28; July 12, 2024
(a) If a certified vehicle inspector changes
				  their place of employment, the inspector must prove their ability to correctly
				  operate the testing equipment at such new vehicle inspection station.
(b) If a certified vehicle inspector changes
				  their place of residence, the inspector must notify the department of their new
				  permanent street address within 30 days of the date of the change.
(c) If a certified vehicle inspector changes
				  their name, the inspector must notify the department of their new name within
				  30 days of the date of the change.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 23 - VEHICLE INSPECTION › Subchapter A - VEHICLE INSPECTION STATION AND VEHICLE INSPECTOR CERTIFICATION › Section 23.6 - Training

Current through Reg. 49, No. 28; July 12, 2024
(a) When attending a department training
				  course, the applicant must:
(1) provide a
				  department approved government issued photo identification;
(2) not be under the influence of drugs or
				  alcohol;
(3) cooperate with the
				  classroom rules as provided by department personnel;
(4) maintain good order and discipline during
				  the training course; and
(5)
				  successfully pass the written examination.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 23 - VEHICLE INSPECTION › Subchapter B - GENERAL VEHICLE INSPECTION STATION REQUIREMENTS › Section 23.11 - General Vehicle Inspection Station Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) To be certified as a vehicle inspection
				  station, the station's facilities must meet the standards listed in paragraphs
				  (1) - (8) of this subsection:
(1) be of a
				  permanent type;
(2) have a
				  permanent roof;
(3) have a minimum
				  of two permanent walls constructed of substantial material such as steel,
				  masonry or wood that is effective at protecting the building and equipment from
				  the elements;
(4) have a hard
				  surfaced floor;
(5) have an
				  entrance to the approved inspection area of sufficient size to allow entry of
				  any vehicle the station is endorsed to inspect (other than oversized vehicles
				  as provided in subsection (d) of this section);
(6) have a display area located in the
				  customer waiting area approved by the department. Only official notices,
				  licenses, letters from the department, procedure charts, or other documents
				  authorized by the department may be exhibited in the display area;
(7) have a secured area for storage of
				  records and necessary supplies; and
(8) have a designated customer waiting area
				  protected from the elements.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 23 - VEHICLE INSPECTION › Subchapter B - GENERAL VEHICLE INSPECTION STATION REQUIREMENTS › Section 23.14 - Vehicle Inspection Station Signage

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Every public vehicle inspection station must display the official vehicle
				  inspection station sign and inspection hours in a manner clearly visible to the
				  public.
(b) The official vehicle
				  inspection station sign remains the property of the department as a means of
				  identification of the vehicle inspection station. The sign must be surrendered
				  upon demand by the department.
(c)
				  The department will issue only one official vehicle inspection station sign per
				  public vehicle inspection station license issued. The sign must not be altered
				  in any manner. Dissimilar signs may also be displayed.