reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter F - TESTIMONY › Section 1.92 - Reimbursement of Witnesses at Public Safety Commission Hearings

Current through Reg. 49, No. 28; July 12, 2024
The director is authorized to reimburse witnesses who are
					 requested by the director or the director's designee to attend hearings before
					 the commission relating to the discharge of any officer or employee under Texas
					 Government Code, §
										411.007. Witnesses
					 may be reimbursed in the amounts provided under Texas Government Code, §
										2001.103.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter G - BOMB THREATS › Section 1.101 - Response to Bomb Threats

Current through Reg. 49, No. 28; July 12, 2024
(a) The primary
				  responsibility for police action designed to search for a reported bomb at any
				  location, other than premises occupied by the Department of Public Safety, lies
				  with the principal local law enforcement agency in whose jurisdiction the
				  reported bomb threat is located. We will assist these agencies as requested and
				  within the limits of our capabilities.
(b) The department will not train and equip
				  bomb disposal squads. As a matter of policy, we will depend on the explosive
				  ordnance disposal service available from military installations or local law
				  enforcement agencies, to remove a discovered bomb in those instances where we
				  must accept the responsibility for its removal.
(c) The department will assume primary
				  responsibility for necessary evacuation and search of any premises occupied by
				  the department and in which a bomb has been reported.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter H - PROFESSIONAL CONDUCT › Section 1.111 - Ten General Orders

Current through Reg. 49, No. 28; July 12, 2024
The ten general orders listed in this section are the
					 traditional code of conduct for the Texas Department of Public Safety (the
					 department) and are binding in addition to any other code of ethics adopted. As
					 a member of the department it shall be my duty:
(1) To execute the mission of the department
				  to protect and serve Texas.
(2) To
				  practice, at all times, the motto of the department: "Courtesy, Service,
				  Protection."
(3) To keep myself
				  clean and presentable and in good physical, mental, and moral
				  condition.
(4) To know and obey at
				  all times the U.S. and state constitutions, federal and state laws, and lawful
				  orders and instructions.
(5) To
				  keep all state equipment issued to me fully accounted for, in proper working
				  condition, and secure.
(6) To
				  register as a voter and vote my convictions as a citizen but refrain from
				  political campaigns and endorsements except as specifically authorized by law
				  and policy.
(7) To conduct my
				  duties in a straightforward, honest, and respectful manner, relying upon poise,
				  competence, and soundness of character.
(8) To report misconduct and matters that
				  negatively impact me or other department personnel to my immediate supervisor
				  and higher, if necessary.
(9) To
				  make suggestions to improve department operations, policies, and
				  services.
(10) To conduct myself,
				  on and off duty, in a manner that merits the voluntary praise of those with
				  whom I come in contact, so that my actions reflect well upon myself, the
				  department, and the State of Texas.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter H - PROFESSIONAL CONDUCT › Section 1.112 - International Association of Chiefs of Police Code of Ethics

Current through Reg. 49, No. 28; July 12, 2024
The International Association of Chiefs of Police Code of
					 Ethics is adopted for the benefit of all department members and for the
					 guidance of commissioned personnel. The Code of Ethics is as follows.
(1) As a law enforcement officer, my
				  fundamental duty is to serve mankind; to safeguard lives and property; to
				  protect the innocent against deception, the weak against oppression or
				  intimidation, and the peaceful against violence or disorder; and to respect the
				  Constitutional rights of all men to liberty, equality, and justice.
(2) I will keep my private life unsullied as
				  an example to all; maintain courageous calm in the face of danger, scorn, or
				  ridicule; develop self-restraint; and be constantly mindful of the welfare of
				  others. Honest in thought and deed in both my personal and official life, I
				  will be exemplary in obeying the laws of the land and the regulations of my
				  department. Whatever I see or hear of a confidential nature or that is confided
				  to me in my official capacity will be kept ever secret unless revelation is
				  necessary in the performance of my duty.
(3) I will never act officiously or permit
				  personal feelings, prejudices, animosities, or friendships to influence my
				  decision. With no compromise for crime and with relentless prosecution of
				  criminals, I will enforce the law courteously and appropriately without fear or
				  favor, malice or ill will, never employing unnecessary force or violence and
				  never accepting gratuities.
(4) I
				  recognize the badge of my office as a symbol of public faith, and I accept it
				  as a public trust to be held as long as I am true to the ethics of the police
				  service. I will constantly strive to achieve these objectives and ideals,
				  dedicating myself before God to my chosen profession . . . law
				  enforcement.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter H - PROFESSIONAL CONDUCT › Section 1.114 - Major Infraction Applicable to Any Employee

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Any of the major infractions listed as follows may be deemed sufficient cause
				  for the discharge, suspension, demotion, or removal of any employee of the
				  department of public safety:
(1) failure to
				  abide by the Code and Canons of Ethics or the standards of ethical conduct for
				  state employees;
(2) violation of
				  one or more of the 10 general orders;
(3) violation of any rule, order,
				  requirement, or failure to follow instructions contained in department
				  manuals;
(4) willful disobedience
				  to any legal order properly issued to him by any superior officer to the
				  department;
(5) willful neglect of
				  duty;
(6) making public any
				  investigation or proposed movement or business of the department to any
				  unauthorized person;
(7)
				  unnecessary and unwarranted violence to a citizen or person under
				  arrest;
(8) use of indecent,
				  profane, or harsh language while on duty or in uniform;
(9) unauthorized attendance while on duty at
				  official legislative sessions;
(10)
				  willful or inexcusable destruction or loss of state property;
(11) violations of law which are willful or
				  inexcusable;
(12) acceptance of
				  fees, gifts, or money contrary to the rules of the department and/or laws of
				  the state;
(13) any act on or off
				  duty which reflects discredit to the department of public safety; or
(14) racial profiling.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter I - FEES FOR COPIES OF RECORDS › Section 1.126 - General Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) All other
				  noncertified photographic reproductions of traffic records, lists, or documents
				  in the files, up to legal size (8 1/2 inches by 14 inches), prepared on
				  standard office copy machines will be furnished as follows:
(1) for 50 pages of less of readily available
				  information, the charge shall be $.10 per page; or
(2) for more than 50 pages of readily
				  available information, the charge shall be $.85 for the first page and $.15 for
				  each additional page;
(3) for any
				  quantity of information deemed to be not readily available, the actual charge
				  shall be the combined components of $.70 for the first page and $.15 for each
				  page thereafter, plus actual labor costs incurred in providing the requested
				  information. The actual labor costs of providing information may include costs
				  of locating and preparing the information.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter I - FEES FOR COPIES OF RECORDS › Section 1.128 - Statutory Fees

Current through Reg. 49, No. 28; July 12, 2024
It is the policy of the Texas Department of Public Safety
					 that where a fee is not set by administrative rule, then such fee as may be
					 charged has been established by the Legislature, as a matter of state
					 law.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter I - FEES FOR COPIES OF RECORDS › Section 1.129 - Fees for Sale of a Texas Peace Officer's Crash Report in Highway Patrol Field Offices

Current through Reg. 49, No. 28; July 12, 2024
(a) Reproduction of
				  approved field copies of Department of Public Safety investigated Texas Peace
				  Officer's Crash Reports (CR-3) will be furnished upon written request in all
				  field offices where adequate clerical support exists and reproduction equipment
				  is available.
(b) Persons or firms
				  desiring reproduction of Texas Peace Officer's Crash Reports from field office
				  files will submit a written request. If the desired report is available and the
				  requestor meets the requirements under Texas Transportation Code, §
										550.065
				  for an un-redacted report, it will be reproduced and furnished upon payment of
				  the statutory fee in the form of a personal check, money order, or cashier's
				  check. Copies of each crash report purchased in a highway patrol field office
				  will be stamped "Field Copy--Not From Custodial File." If the requestor does
				  not meet the requirements under Texas Transportation Code, §
										550.065
				  for an un-redacted report, they will be sold a redacted report stamped "Field
				  Copy--Not From Custodial File."
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter I - FEES FOR COPIES OF RECORDS › Section 1.130 - Fee for Fingerprints

Current through Reg. 49, No. 28; July 12, 2024
On request and payment of a fee of $10, the department may
					 record a person's fingerprints. The department may retain records of
					 fingerprints taken under this section.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter I - FEES FOR COPIES OF RECORDS › Section 1.131 - Fee for National Driver Register (NDR) Search

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  In accordance with Texas Transportation Code, §
										521.056(d)
				  and
				  49 USC
				  30305, the required fee for a National Driver
				  Register (NDR) Search request received on the department's prescribed form is
				  $4.00 per request.
(b) All requests
				  will be reviewed for completeness and may be rejected for any of the reasons
				  detailed in this subsection:
(1) fee not
				  submitted with request;
(2) name
				  and driver license number or name and date of birth do not match;
(3) driver/operator signature and
				  notarization not present;
(4)
				  failure to indicate whether driver/operator is a motor vehicle operator,
				  locomotive railway operator, or pilot applicant;
(5) failure to include employer name or
				  address;
(6) driver not licensed in
				  Texas, as required, for motor vehicle operator or locomotive operator
				  request;
(7) completed form not
				  legible;
(8) more information
				  needed to positively identify driver/operator; or
(9) other reasons as necessary for inquiry or
				  documentation purposes.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter J - AIRCRAFT OPERATIONS › Section 1.141 - Aircraft Operation Regulations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Department of Public Safety aircraft shall be used only for official state
				  business.
(b) No person except
				  department personnel may be transported unless specifically authorized by
				  designated department personnel.
(c) All aircraft shall be operated in
				  compliance with all state and federal laws and all applicable federal, state,
				  and department regulations.
(d) The
				  pilot shall have the sole responsibility for determining whether a flight is
				  safe or not in terms of weather, condition of aircraft, and other relevant
				  criteria known by the pilot at the time the decision is made.
(e) All Department of Public Safety pilots
				  are required to hold a current second class medical certificate.
(f) Department pilots have blanket
				  authorization to proceed immediately, if appropriate, to the scenes of major
				  crimes, searches, jailbreaks, or disaster scenes, and to establish surveillance
				  and communications and provide aerial support as the situation
				  dictates.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter J - AIRCRAFT OPERATIONS › Section 1.142 - Aerial Support Programs

Current through Reg. 49, No. 28; July 12, 2024
The following are some programs in which the department may
					 utilize an aircraft.
(1) Law
				  enforcement flights. Flights conducted in support of, but not limited to, the
				  following public safety activities:
(A)
				  criminal;
(B) traffic;
(C) search and rescue;
(D) medical and disaster; and
(E) civil disturbances.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter J - AIRCRAFT OPERATIONS › Section 1.143 - Use of Unmanned Aircraft by a Law Enforcement Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) General. Texas Government Code, §
										423.007
				  provides for the department to adopt rules and guidelines for use of an
				  unmanned aircraft by a law enforcement authority in Texas.
(b) Rules and Guidelines. Each law
				  enforcement authority in Texas that uses unmanned aircraft shall comply with
				  the Federal Aviation Administration minimum requirements for public aircraft
				  operations. Information regarding public aircraft operations is available at:
http://www.faa.gov/uas/
.
(c) Reporting by Agency. Not earlier than
				  January 1 and not later than January 15 of each odd-numbered year, each state
				  law enforcement agency and each county or municipal law enforcement agency
				  located in a county or municipality, as applicable, with a population greater
				  than 150,000, that used or operated an unmanned aircraft during the preceding
				  24 months shall issue a written report to the governor, the lieutenant
				  governor, and each member of the legislature as provided by Texas Government
				  Code, §
										423.008.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter K - INSCRIPTION ON VEHICLES › Section 1.151 - Exemption of Inscription

Current through Reg. 49, No. 28; July 12, 2024
The director of the Texas Department of Public Safety is
					 authorized to exempt certain vehicles from having printed on them the
					 inscription set out in Texas Transportation Code, §
										721.002.
					 In order to further law enforcement capabilities and effectively carry out
					 administrative functions, the following vehicles are exempt from the
					 requirement of having printed inscriptions:
(1) vehicles primarily used for law
				  enforcement and administrative purposes for which confidentiality is necessary;
				  or
(2) vehicles primarily used in
				  areas where agency inscriptions would create an undue risk to department staff
				  operating those vehicles as determined by the director.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter L - PUBLIC SAFETY AT MASS GATHERINGS › Section 1.161 - Control of Admission to Spectators

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				  admission tickets sold or offered for sale by the promoter, or by others acting
				  in his behalf, will be serially numbered or otherwise coded in such a manner so
				  as to be able to determine the days of admission and the number of people that
				  have been admitted at any given time. The promoter will advise the issuing
				  officer at the time of the hearing on the application of the number of tickets
				  known or believed to have been sold and the anticipated number to be
				  sold.
(b) The promoter will certify
				  to the sheriff or the issuing officer, upon request, the number of tickets
				  known to have been sold at the time the request is made.
(c) The promoter will grant admission to
				  spectators only on the presentation of a valid ticket to the event, and each
				  spectator will be required to present an individual ticket. The promoter will
				  retain all tickets so presented, and will make them available for inspection by
				  the sheriff of the county in which the mass gathering is being held, or by any
				  other peace officer, at any time during the period of time for which the permit
				  is granted, and for 10 days thereafter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter L - PUBLIC SAFETY AT MASS GATHERINGS › Section 1.162 - Adequate Parking Space Required

Current through Reg. 49, No. 28; July 12, 2024
An adequate parking space shall be provided for the parking
					 of vehicles. The parking area shall be deemed adequate if it meets the
					 following requirements.
(1) Provides a
				  parking space large enough to accommodate one four-wheeled vehicle for each
				  four tickets sold.
(2) The parking
				  area shall be well drained and the surface of such consistency so as to provide
				  for easy entry and exit during any type of weather conditions.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter L - PUBLIC SAFETY AT MASS GATHERINGS › Section 1.163 - Camping Area

Current through Reg. 49, No. 28; July 12, 2024
Any area provided by the promoter as a camping area for the
					 benefit of paying spectators shall be separated from the entertainment area and
					 the area provided for the parking of vehicles by a distance of at least 1,000
					 feet. No overnight camping will be permitted in the area designated for the
					 parking of vehicles.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter L - PUBLIC SAFETY AT MASS GATHERINGS › Section 1.164 - Adequate Lighting

Current through Reg. 49, No. 28; July 12, 2024
Provisions shall be made to light adequately the entire
					 area provided for the occupancy of spectators. The required lighting shall be
					 deemed adequate if it is sufficient to make clearly recognizable the features
					 of any person within the area provided for the occupancy of spectators by an
					 observer 50 feet from that person, and if the required illumination may be
					 turned on by the operation of not more than two devices.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter L - PUBLIC SAFETY AT MASS GATHERINGS › Section 1.165 - Access by Emergency Vehicles

Current through Reg. 49, No. 28; July 12, 2024
The promoter will at all times during the time for which
					 the permit is issued maintain a clear and unobstructed access route through the
					 area under his control for the use of emergency vehicles attempting to reach
					 any platform, stage, bandstand, grandstand, or other seating facility,
					 concession stand, or parking area.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter L - PUBLIC SAFETY AT MASS GATHERINGS › Section 1.166 - Access to Facility Without Undue Delay

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The promoter will plan, construct or otherwise make provisions necessary to
				  assure that spectators or others seeking admittance to the facility under his
				  control at which the mass gathering is to be held may enter the facility
				  without impeding the progress of those who follow to the extent that exit from
				  any federal, state, or county highway giving access to the facility is delayed
				  in any manner.
(b) This section is
				  to be interpreted to mean that it is the responsibility of the promoter to
				  expedite, by any necessary means, the flow of traffic into the facility he
				  provides to the extent that persons seeking admission will not be delayed to
				  the extent that their presence will interfere with the normal movement of
				  traffic on adjacent public streets or highways.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter L - PUBLIC SAFETY AT MASS GATHERINGS › Section 1.167 - Construction of Public Facilities

Current through Reg. 49, No. 28; July 12, 2024
Any platform, bandstand, stage, grandstand, or other
					 facility upon which people may assemble to make music, dance, or otherwise
					 entertain or sit or stand as spectators shall be constructed in such a manner
					 as to safely support the weight of the maximum number of people who are able to
					 assemble thereon.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter L - PUBLIC SAFETY AT MASS GATHERINGS › Section 1.168 - Preservation of Order

Current through Reg. 49, No. 28; July 12, 2024
The promoter will be responsible for and will be held
					 accountable for preserving order within the confines of the area designated in
					 the permit application.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter L - PUBLIC SAFETY AT MASS GATHERINGS › Section 1.169 - Promoter To Be Available at All Times

Current through Reg. 49, No. 28; July 12, 2024
The promoter or a representative designated by him in his
					 permit application will be present and available on the grounds at all times
					 during the period for which the permit is issued and until all those in
					 attendance have departed the area. The permit application shall specify a
					 location on the grounds at which the promoter or his designated representative
					 may be located within undue delay.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter M - DISPOSITION OF FEES › Section 1.181 - Refunds

Current through Reg. 49, No. 28; July 12, 2024
(a) Money paid by mistake of fact or mistake
				  of law or in excess of a required fee or charge which is deposited by the
				  Department of Public Safety into the state treasury will not entitle a payor to
				  an automatic refund.
(b) Only
				  amounts in excess of $5.00 will be automatically refunded. Amounts of $5.00 or
				  less will be refunded by the department if the payor makes a request for refund
				  in writing within 90 calendar days from the date of deposit.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter N - EMERGENCY AND PURSUIT OPERATIONS WITHOUT USE OF EMERGENCY WARNING DEVICES › Section 1.191 - Emergency Vehicle Operation

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Texas Department of Public Safety complies with Texas Transportation Code,
				  §
										546.004,
				  requirements that promulgate exceptions to the operation of an authorized
				  emergency vehicle that is used for law enforcement purposes. The exceptions
				  relate to operation without the use of audible and visual warning
				  devices.
(b) In deciding not to
				  operate the emergency lights or siren in compliance with the provisions of
				  Texas Transportation Code, §
										546.004,
				  the driver of the emergency vehicle should give consideration to the safety of
				  others.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter O - ENTRUSTED PROPERTIES › Section 1.201 - Handling and Disposition of Entrusted Properties

Current through Reg. 49, No. 28; July 12, 2024
Police power to seize the personal property of citizens is
					 the exercise of authority that should never be taken lightly or capriciously.
					 Citizens are ordinarily under no obligation to prove ownership of any property
					 found in their possession. Conversely, the burden is upon the officer to prove
					 that property is not legally in possession of a citizen. Unless investigation
					 can establish otherwise, it should be presumed that property found in the
					 possession of any citizen is that citizen's property and, if such property is
					 seized for any reason, the citizen is entitled to recover that property when
					 there is no longer a bona fide reason for the department to retain it. (This
					 policy includes weapons; it excludes any contraband.) It is, therefore, the
					 policy of this department to seize and impound property only when a legitimate
					 need so requires and to retain such property only so long as that need is
					 served.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter P - DISHONORED PAYMENT DEVICE FEE › Section 1.211 - Dishonored Payment Device Fee

Current through Reg. 49, No. 28; July 12, 2024
(a) When
				  used in this rule, the term "dishonored payment device" is defined as a check,
				  draft, order, electronic funds transfer or other instrument that is not honored
				  upon presentment for reasons including, but not limited to, the account upon
				  which the device has been drawn or made does not exist, is closed or does not
				  have sufficient funds or credit for payment of the device in full.
(b) A fee of $30 will be assessed on each
				  dishonored payment device returned to the Texas Department of Public
				  Safety.
(c) Any payment made will
				  first be applied to the dishonored payment device fee and the remainder will be
				  applied to the underlying charge or fee.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter Q - BUSINESS LICENSES AND PERMITS › Section 1.221 - Notices to Applicants; Processing Times; Appeals

Current through Reg. 49, No. 28; July 12, 2024
(a) For each applicant for any license or
				  other authorization listed in this subsection, the department shall issue a
				  written notice informing each applicant either that the application is complete
				  and accepted for filing, or that it is deficient. If the application is
				  deficient, the notice shall set out the specific additional information that is
				  required. The department shall issue the notice to the applicant within the
				  period indicated for the following licenses or other authorizations granted by
				  the department:
(1) controlled substances
				  registration--45 days;
(2) vehicle
				  inspection station licenses--30 days.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter R - ACCOUNTING PROCEDURES › Section 1.232 - Collection of Debts

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				  The following words and terms, when used in this section, shall have the
				  following meanings, unless the context clearly indicates otherwise.
(1) Attorney general--The Office of the
				  Attorney General of Texas.
(2)
				  Debtor--Any person liable for an obligation owed to the department or against
				  whom a claim or demand for payment has been made.
(3) Delinquent--Payment is past due by law or
				  by customary business practice, and all conditions precedent to payment have
				  occurred or been performed.
(4)
				  Department--The Texas Department of Public Safety.
(5) District--A subdivision of the department
				  responsible for the day-to-day operations of the department in a specific
				  geographically defined area.
(6)
				  Division--An organizational unit in the department's Austin headquarters. The
				  term includes an organizational unit that is designated as an office.
(7) Obligation--A debt, judgment, claim,
				  account, fee, fine, tax, penalty, interest, loan, or charge.
(8) Person--An individual, corporation,
				  organization, business trust, estate, trust, partnership, association, and any
				  other legal entity.
(9)
				  Security--Any right to have property owned by an entity with an obligation to
				  the department sold or forfeited in satisfaction of the obligation, and any
				  instrument granting a cause of action in favor of the department against
				  another entity or that entity's property, such as bond, letter of credit, or
				  other collateral that has been pledged to the department to secure an
				  obligation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter R - ACCOUNTING PROCEDURES › Section 1.233 - Charges for Dishonored Checks

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. Texas Business and Commerce, §3.506, authorizes the holder of a
				  dishonored check seeking collection of the face value of the check to charge
				  the drawer or endorser of the check a reasonable processing fee, not to exceed
				  $30. This section prescribes policies and procedures for the processing of
				  dishonored checks made payable to the department and the collection of fees
				  because of the dishonor of a check made payable to the department.
(b) Definitions. The following words and
				  terms, when used in this section, shall have the following meanings, unless the
				  context clearly indicates otherwise.
(1)
				  Department--The Texas Department of Public Safety.
(2) Dishonored check--A check, draft, order,
				  or other instrument that is drawn or made upon a bank or other financial
				  institution, and that is not honored upon presentment because the account upon
				  which the instrument has been drawn or made does not exist or is closed, or
				  does not have sufficient funds or credit for payment of the instrument in
				  full.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter S - ELECTRONIC FUNDS TRANSFERS › Section 1.241 - Electronic Funds Transfer for Payments

Current through Reg. 49, No. 28; July 12, 2024
If during the preceding year a person paid the department a
					 total of $250,000 or more in a category of payments and the department
					 reasonably anticipates that during the current state fiscal year the person
					 will pay the department $250,000 or more in a category of payments, the person
					 is required to transfer payment amounts of $10,000 or more due the department
					 by one or more of the means of electronic funds transfer approved by the state
					 treasurer.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter T - DISPOSITION OF FORFEITED ASSET › Section 1.251 - Public Safety Commission Approval of Disposition of a Forfeited Asset

Current through Reg. 49, No. 28; July 12, 2024
(a) The following words and terms, when used
				  in this subchapter, shall have the following meanings, unless the context
				  clearly indicates otherwise:
(1) Asset -
				  refers to currency, a negotiable instrument, real property, tangible property,
				  or other non-tangible property forfeited to the department under state or
				  federal law. The term does not include controlled substance property or other
				  contraband summarily forfeited or destroyed by the department under Health and
				  Safety Code, Chapters 481-485.
(2)
				  Disposition - refers to the use, transfer, sale, expenditure, or other
				  disposition of an asset.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter U - CONTRACTING › Section 1.261 - Historically Underutilized Businesses (HUB)

Current through Reg. 49, No. 28; July 12, 2024
As required by §
										2161.003 of the
					 Texas Government Code and to the extent applicable, the Texas Department of
					 Public Safety adopts by reference the Historically Underutilized Businesses
					 rules of the Comptroller of Public Accounts ("Comptroller"), including any
					 subsequent changes the Comptroller adopts. The rules may be found at 34 TAC
					 §§
										20.281-
					 20.298.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter U - CONTRACTING › Section 1.262 - Enhanced Contract Monitoring by Contract Review Board

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission authorized the creation of
				  a contract review board to review contracts entered by the department. The
				  contract review board is chaired by the assistant director of the
				  administration division, has a representative from each of the department's
				  divisions, and has a member from the commission that serves on the contract
				  review board as a liaison to the commission. The contract review board
				  maintains an executive committee to review procurements and contracts that may
				  be high risk at their inception.
(b) The contract review board reviews the
				  contracts as detailed in this subsection:
(1)
				  contracts that are over one million dollars in value; and
(2) contracts that constitute high risk to
				  the department based on the criteria of the contract monitoring program or as
				  determined by the contract review board, executive committee of the contract
				  review board, or the commission.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter U - CONTRACTING › Section 1.263 - Contract Monitoring Program Risk Assessment

Current through Reg. 49, No. 28; July 12, 2024
The department has established a contract monitoring
					 program within the Administration division. The contract monitoring program
					 identifies each contract that requires enhanced contract or performance
					 monitoring by conducting an initial risk assessment based on the factors,
					 detailed in this section, consistent with the guidelines in the Texas Contract
					 Management Guide, as applicable to the contract:
(1) Total contract value;
(2) Total contract duration;
(3) User involvement;
(4) Criticality of deliverables;
(5) Contract failure impact;
(6) Vendor experience;
(7) Availability of department resources for
				  contract management;
(8) Business
				  process impact;
(9) End users'
				  training needs;
(10) Software
				  technology customization;
(11)
				  Impact on existing application or infrastructure;
(12) Interface connectivity;
(13) Complexity of contract; and
(14) Payment methodology.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter U - CONTRACTING › Section 1.264 - Procedures for Vendor Protests of Procurements

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
(1) Working days--Monday through Friday,
				  except national and state holidays as defined by Texas Government Code, §
											662.003.
				  When counting working days, do not count the day of the act or event after
				  which the ten-day period of time begins to run. The last day of the ten-day
				  period is included in the count, unless the last day is a Saturday, Sunday,
				  national holiday or state holiday, in which event the ten-day period runs until
				  the end of the next day which is not a Saturday, Sunday, national holiday or
				  state holiday.
(2) Interested
				  parties--All contractors who have submitted bids, offers, responses or
				  proposals for the contract at issue.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter U - CONTRACTING › Section 1.265 - Buy America Requirements for Iron and Steel used in Construction

Current through Reg. 49, No. 28; July 12, 2024
The department will comply with Texas Government Code
					 Chapter 2252, Subchapter F, Certain Construction and Installation
					 Projects.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter V - DEPARTMENT FLEET VEHICLE MANAGEMENT PROGRAM › Section 1.271 - Department Fleet Vehicle Management Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  State Vehicle Management Plan. To the extent applicable, the department adopts
				  the State Vehicle Management Plan as adopted by the Office of Vehicle Fleet
				  Management of the General Services Commission as mandated by Texas Government
				  Code, Chapter 2171. Specifically, the department will follow the data
				  collection and reporting requirements for vehicles used for law enforcement
				  purposes, including black and white pursuit vehicles as specified in Chapter 5
				  and Appendix A of the Plan, unless otherwise excepted by the Office of Vehicle
				  Fleet Management due to security concerns. However, the department is exempt
				  from all other plan requirements.
(b) Restrictions on Assignment of Vehicles.
				  Compliance with the following statutorily mandated policies is required by
				  Texas Government Code, §
										2171.1045.
(1) each department vehicle, with the
				  exception of a vehicle assigned to a field employee, is to be assigned to the
				  department motor pool and be available for check-out; and
(2) the department may assign a vehicle to an
				  individual administrative or executive employee on a regular or everyday basis
				  only if the department makes a written determination that the assignment is
				  critical to the needs and mission of the department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter W - NEGOTIATED RULEMAKING POLICY › Section 1.281 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context shall clearly
					 indicate otherwise.
(1) Act--The
				  Negotiated Rulemaking Act, Texas Government Code, Chapter 2008.
(2) Commission--The Public Safety
				  Commission.
(3) Department--The
				  Texas Department of Public Safety.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter W - NEGOTIATED RULEMAKING POLICY › Section 1.282 - Statement of Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) It is the
				  policy of the commission and the department to encourage public participation
				  in the rulemaking process when appropriate. When the commission finds that
				  rules to be drafted are likely to be complex, or controversial, or to affect
				  disparate groups, public participation through negotiated rulemaking may be
				  proposed.
(b) If the commission
				  determines that negotiated rulemaking is appropriate, the commission may elect
				  to develop a draft rule either through an informal negotiated rulemaking
				  process or through a formal negotiated rulemaking process.
(c) The commission may consider engaging in
				  formal negotiated rulemaking when it is likely that a negotiated rulemaking
				  committee will reach a consensus on a draft rule in a timely manner. The
				  commission will also consider the factors specified in the Act, when deciding
				  whether to pursue formal negotiated rulemaking.
(d) If the commission determines that formal
				  negotiated rulemaking is not feasible or appropriate, but the commission
				  determines that public participation would be valuable, the commission may
				  engage in informal negotiated rulemaking procedures.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter W - NEGOTIATED RULEMAKING POLICY › Section 1.283 - Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Formal negotiated rulemaking procedures.
				  When the commission proposes to engage in formal negotiated rulemaking, the
				  commission and the department shall follow the negotiated rulemaking process
				  and procedures described in the Act.
(b) Informal negotiated rulemaking
				  procedures. When the commission proposes to engage in informal negotiated
				  rulemaking, the commission may identify persons likely to be affected or
				  interested and invite them to participate in an informal and advisory public
				  process for the development of a draft rule. Types of informal negotiated
				  rulemaking processes that may be utilized on an advisory basis may include:
(1) appointing working groups;
(2) appointing advisory committees;
				  or
(3) holding public
				  meetings.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter W - NEGOTIATED RULEMAKING POLICY › Section 1.284 - Designation of Trained Person

Current through Reg. 49, No. 28; July 12, 2024
As provided by Texas Government Code, §
										411.0044,
					 the commission shall periodically designate a trained person who will:
(1) coordinate the implementation of the
				  commission's negotiated rulemaking policy;
(2) serve as a resource for any training
				  needed to implement procedures for negotiated rulemaking; and
(3) collect data concerning the effectiveness
				  of those procedures, as implemented by the commission and the
				  department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter X - TECHNOLOGY POLICY › Section 1.291 - Technology Policy

Current through Reg. 49, No. 28; July 12, 2024
As provided under Texas Government Code, §
										411.0043,
					 the department shall use appropriate technological solutions to improve the
					 department's ability to perform its functions. Technological solutions shall,
					 where appropriate, ensure that the public is able to interact with the
					 department on the internet.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 2 - CAPITOL ACCESS PASS › Section 2.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In this chapter, and unless otherwise defined in this
				  section, all terms are defined by Government Code, §
									411.171 and §
									6.1 of
				  this title (relating to Definitions).
(1) Capitol access pass (pass)--The
				authorization granted by the Texas Department of Public Safety allowing a
				person to enter the Texas State Capitol building and the Capitol Extension,
				including any public space in the Capitol or Capitol Extension, in the same
				manner as the department allows entry to a person who presents a license to
				carry a handgun issued under Government Code, Chapter 411, Subchapter
				H.
(2) License to carry a handgun
				--The license issued under Government Code, Chapter 411, Subchapter
				H.
(3) Department--The Texas
				Department of Public Safety.
(4)
				Pass holder--A person to whom a Capitol access pass has been issued.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 2 - CAPITOL ACCESS PASS › Section 2.2 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
To be eligible for a Capitol access pass, a person must be a
				  resident of this state and must otherwise meet all eligibility requirements
				  applicable to a license to carry a handgun under Government Code, §
									411.172.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 2 - CAPITOL ACCESS PASS › Section 2.3 - Application Procedure, Required Materials and Fee

Current through Reg. 49, No. 28; July 12, 2024
(a) Applications must include the materials
				described in Government Code, § 411.174, and §
									6.12 of
				this title (relating to Application Procedure and Required Materials), with the
				exceptions that:
(1) the application fee is
				$40 ;
(2) evidence of handgun
				proficiency is not required;
(3)
				the provisions regarding non-residents are not applicable; and
(4) application materials may only be
				submitted electronically through the department's approved vendor or as
				otherwise determined by the department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 2 - CAPITOL ACCESS PASS › Section 2.4 - Method of Payment

Current through Reg. 49, No. 28; July 12, 2024
(a) Payment of the
				application fee must be made electronically by a department-approved
				credit/debit card, in the manner determined by the department.
(b) Should a pass be issued prior to
				notification of a declined or unauthorized payment, and proper payment
				(including an additional $30 processing fee) is not made within 30 days of
				notification, revocation proceedings will be initiated under §
									2.11(c)
				of this title (relating to Suspension and Revocation).