reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 330 - ELIGIBILITY CRITERIA FOR LOCAL FEDERATIONS/FUNDS, AFFILIATED ORGANIZATIONS, AND LOCAL CHARITABLE ORGANIZATIONS › Section 330.3 - 25% Administrative Cost Cap

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
				to participate in a state employee charitable campaign (SECC), a charitable
				organization must not spend more than 25% of its annual revenue for
				administrative and fund raising expenses.
(b) The calculation method used to determine
				administrative costs will be as follows: Administrative expenses + fund raising
				costs divided by total revenue = percentage of revenue for administrative costs
				which can be calculated on the IRS Form 990 by adding the amount in part IX
				(Statement of Functional Expenses), Line 25, Column C (Management and General
				Expenses) to the amount in Line 25, Column D (Fundraising Expenses), and
				dividing the sum by Part VIII (Statement of Revenue), Line 12, Column A (Total
				Revenue). For purposes of listing administrative costs in the state employee
				charitable campaign brochure, calculation of administrative costs will be
				carried out two places, rounded down if under 0.50, rounded up if 0.50 or over;
				however, if the costs are any amount over 25%, the application will be denied.
				Neither the LEC nor the SPC will grant a waiver from this
				requirement.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 330 - ELIGIBILITY CRITERIA FOR LOCAL FEDERATIONS/FUNDS, AFFILIATED ORGANIZATIONS, AND LOCAL CHARITABLE ORGANIZATIONS › Section 330.5 - Local Presence

Current through Reg. 49, No. 28; July 12, 2024
(a) A charitable
				organization must maintain local presence, as described in this section, to be
				eligible to participate in a local campaign.
(b) A local charitable organization maintains
				local presence if it:
(1) provides direct or
				indirect health and human services; and
(2) is accessible to state employees in the
				local campaign area by maintaining:
(A) a
				publicly identified office with a professional or volunteer staff within the
				local campaign area that is open with staff available at least 20 hours a week
				during normal working hours; and
(B) a locally listed telephone number which
				is listed in the name of the organization. If the office is closed, a message
				shall state local business hours and may offer another number for callers to
				obtain more information.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 330 - ELIGIBILITY CRITERIA FOR LOCAL FEDERATIONS/FUNDS, AFFILIATED ORGANIZATIONS, AND LOCAL CHARITABLE ORGANIZATIONS › Section 330.7 - Re-Certification Requirement

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
				to participate in the State Employee Charitable Campaign and apply via the
				recertification process:
(1) the local
				federation/fund and affiliates must have participated in the previous year's
				campaign; and
(2) the local
				federation/fund and affiliates must have not spent more than 25% of its annual
				revenue for administrative and fund raising expenses in the prior year's
				campaign.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 330 - ELIGIBILITY CRITERIA FOR LOCAL FEDERATIONS/FUNDS, AFFILIATED ORGANIZATIONS, AND LOCAL CHARITABLE ORGANIZATIONS › Section 330.9 - Compliance Certification

Current through Reg. 49, No. 28; July 12, 2024
Any charitable organization applying to participate in the
				  State Employee Charitable Campaign must be in compliance with all statutes,
				  executive orders, and regulations restricting or prohibiting U.S. persons from
				  engaging in transactions and dealings with countries, entities, or individuals
				  subject to economic sanctions administered by the U.S. Department of the
				  Treasury's Office of Foreign Assets Control. The organization named in the
				  application is aware that a list of countries subject to such sanctions, a list
				  of Specifically Designated Nationals, and Blocked Persons subject to such
				  sanctions, and overviews and guidelines for each such sanction can be found at
				  http://www.treas.gov/offices/enforcement/ofac/sanctions/. If the organization
				  named on the application becomes noncompliant at any time subsequent to
				  completing this certification, it will notify the State Policy Committee of the
				  State Employee Charitable Campaign immediately.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 330 - ELIGIBILITY CRITERIA FOR LOCAL FEDERATIONS/FUNDS, AFFILIATED ORGANIZATIONS, AND LOCAL CHARITABLE ORGANIZATIONS › Section 330.11 - Limitation on the Use of Contributions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				To be eligible to participate in a state employee charitable campaign (SECC), a
				local charitable organization must affirm and provide sufficient documentation
				in its application demonstrating that it will use SECC contributions only to
				provide "health and human services" or to fund a charitable organization that
				provides "health and human services" as that term is defined in Government
				Code, §
									659.131. The State
				Policy Committee (SPC) or Local Employee Committee (LEC), as applicable, may
				deny a local charitable organization's application on the basis that sufficient
				documentation was not provided to demonstrate compliance with this
				section.
(b) A participating
				charitable organization may not use SECC contributions to:
(1) directly or indirectly fund litigation;
				or
(2) make expenditures that would
				require the organization to register under Government Code, Chapter 305 if the
				organization were not an entity exempt from registration under that
				chapter.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 331 - REVIEW AND APPEAL PROCEDURES FOR STATEWIDE FEDERATIONS/FUNDS AND AFFILIATED ORGANIZATIONS › Section 331.1 - Administrative Review

Current through Reg. 49, No. 28; July 12, 2024
The State Campaign Manager (SCM) will perform an
				  administrative review of statewide applications. This is an administrative
				  review only to determine whether applications are complete and contain the
				  required documentation. The SCM will not decide whether an application is
				  eligible for approval. Statewide federations that submit incomplete
				  applications or missing documentation will be notified and provided a deadline
				  within which to provide missing or corrected information. Only complete
				  applications with all required documentation received by the deadline will be
				  submitted to the State Policy Committee (SPC) for eligibility approval.
				  Deadlines will be enforced; provided, however, that upon a showing of good
				  cause, the SPC may grant a waiver or extension of any deadline by two-thirds
				  vote of the committee members present. The SCM shall prepare a report of all
				  applications that were not submitted to SPC for approval because of incomplete
				  application or missing documentation. The report shall be provided to the SPC
				  prior to the meeting during which other applications will be considered for
				  approval.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 331 - REVIEW AND APPEAL PROCEDURES FOR STATEWIDE FEDERATIONS/FUNDS AND AFFILIATED ORGANIZATIONS › Section 331.3 - Eligibility Review

Current through Reg. 49, No. 28; July 12, 2024
(a) The State
				Policy Committee (SPC) shall determine the eligibility of a federation or fund
				and its affiliated agencies for statewide participation in the state employee
				charitable campaign. In making its determination, the SPC shall consider
				whether the applicant:
(1) has timely
				submitted all required application materials;
(2) qualifies as a "statewide charitable
				organization" as that term is defined in Government Code, §
										659.131;
(3) satisfies applicable eligibility criteria
				set forth under Chapter 329 of this title; and
(4) satisfies other statutory and regulatory
				requirements prescribed by law.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 331 - REVIEW AND APPEAL PROCEDURES FOR STATEWIDE FEDERATIONS/FUNDS AND AFFILIATED ORGANIZATIONS › Section 331.5 - Appeal Process

Current through Reg. 49, No. 28; July 12, 2024
No statewide federation or affiliate whose application was
				  not complete will be considered for appeal by the State Employee Charitable
				  Campaign Policy Committee (SPC). All appeals must be in writing and must be
				  received in the state campaign manager's (SCM) office prior to the deadline set
				  by the SCM. Appeals shall include the complete application originally submitted
				  to the SPC and the letter of denial from the SPC. Electronic or faxed appeals
				  will not be accepted.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 332 - REVIEW AND APPEAL PROCEDURES FOR LOCAL FEDERATIONS/FUNDS, AFFILIATED ORGANIZATIONS, AND LOCAL CHARITABLE ORGANIZATIONS › Section 332.1 - Administrative Review

Current through Reg. 49, No. 28; July 12, 2024
The Local Campaign Manager (LCM) shall perform an
				  administrative review of local applications and give local federations and
				  organizations time to provide missing documentation prior to the Local Employee
				  Committee eligibility review process. This is an administrative review only to
				  determine the submission of all documentation. This review will make no
				  determinations regarding eligibility. Local federations and organizations with
				  missing documentation will be allowed time to provide needed documents. Only
				  complete applications with all required documentation will be submitted to the
				  Local Employee Committee for eligibility approval. Deadlines will be enforced;
				  provided, however, that upon a showing of good cause, the LEC may grant a
				  waiver or extension of any deadline by two-thirds vote of the committee members
				  present. The LCM shall prepare a report of all applications that were not
				  submitted to the LEC for approval because of incomplete application or missing
				  documentation. The report shall be provided to the LEC prior to the meeting
				  during which other applications will be considered for
				  approval.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 332 - REVIEW AND APPEAL PROCEDURES FOR LOCAL FEDERATIONS/FUNDS, AFFILIATED ORGANIZATIONS, AND LOCAL CHARITABLE ORGANIZATIONS › Section 332.3 - Eligibility Review

Current through Reg. 49, No. 28; July 12, 2024
(a) The State
				Policy Committee (SPC), with the assistance of any applicable Local Employee
				Committee (LEC) appointed by the SPC, shall review applications submitted by
				local federations/funds, affiliated organizations, and other charitable
				organizations, and may approve an applicant for participation in a local
				campaign area only if the organization:
(1)
				meets the definition of a "local charitable organization" as that term is
				defined in Government Code, §
										659.131;
				and
(2) is either:
(A) an unaffiliated local organization;
				or
(B) a federation or fund or an
				affiliate of a federation or fund that is not approved for statewide
				participation.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 332 - REVIEW AND APPEAL PROCEDURES FOR LOCAL FEDERATIONS/FUNDS, AFFILIATED ORGANIZATIONS, AND LOCAL CHARITABLE ORGANIZATIONS › Section 332.5 - Appeal Process

Current through Reg. 49, No. 28; July 12, 2024
All appeals from a Local Employee Committee regarding
				  eligibility shall be made to the State Employee Charitable Campaign Policy
				  Committee (SPC). No local federation, affiliate or local organization whose
				  application was denied by the Local Employee Committee for incomplete
				  documentation will be considered for appeal by the SPC. All appeals must be in
				  writing and must be received in the state campaign manager's (SCM) office prior
				  to the deadline set by the SCM. Appeals shall include the complete application
				  originally submitted to the Local Employee Committee and the letter of denial
				  from the Local Employee Committee. Electronic or faxed appeals will not be
				  accepted.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 333 - CAMPAIGN MATERIALS › Section 333.1 - Logo

Current through Reg. 49, No. 28; July 12, 2024
The only approved logo for the State Employee Charitable
				  Campaign is the small State of Texas flag along with the words "State Employee
				  Charitable Campaign" and "Together We Care."
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 333 - CAMPAIGN MATERIALS › Section 333.3 - Campaign Theme Submission

Current through Reg. 49, No. 28; July 12, 2024
(a) Campaign
				managers may submit theme nominations every even numbered year on or before 10
				business days prior to the annual State Employee Charitable Campaign (SECC)
				Workshop/Conference.
(b) SECC
				Conference attendees, by vote, may choose no more than three themes to be
				forwarded to the State Advisory Committee (SAC) and State Employee Charitable
				Campaign Policy Committee (SPC) for consideration and approval. The SPC, after
				considering any SAC recommendation, may approve or reject some or all of the
				themes submitted. The SPC may approve up to three themes for use in the same
				campaign year. After considering any SAC recommendation, the SPC shall vote and
				choose one theme to be used for a central purchasing process, if such a process
				is provided by the state campaign manager (SCM).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 333 - CAMPAIGN MATERIALS › Section 333.5 - Use of Campaign Materials

Current through Reg. 49, No. 28; July 12, 2024
(a) If a central
				purchasing process is used, the state campaign manager (SCM) will order
				materials depicting only one of the themes approved by the State Employee
				Charitable Campaign Policy Committee (SPC).
(b) Local campaign areas will have the option
				of using the campaign materials ordered through the central purchasing process
				or ordering their own campaign materials incorporating any one of the other
				approved themes, if any other themes are approved by the SPC.
(c) Neither the State Advisory Committee
				(SAC) nor the SPC shall consider themes that are submitted after the deadline
				set forth in §333.3(a), regarding campaign theme submission.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 333 - CAMPAIGN MATERIALS › Section 333.7 - Campaign Materials Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a) Local
				materials not ordered through the state campaign manager must be submitted each
				year to the State Advisory Committee (SAC) for recommendation to the State
				Policy Committee (SPC) for approval.
(b) The following are guidelines for the
				creation and production of any materials used for the State Employee Charitable
				Campaign (SECC).
(1) Campaign managers will
				submit possible themes every second year in January prior to the SECC
				Workshop/Conference.
(2) Attendees
				will chose up to three themes, which will be submitted to the State Advisory
				Committee (SAC) and State Employee Charitable Campaign Policy Committee (SPC)
				for approval.
(3) Based upon SAC
				recommendation and SPC approval, if central purchasing is available, the SCM
				will order materials depicting one of the approved themes, as decided upon by
				the SPC.
(4) Local areas may use
				centrally purchased materials, or local areas may order their own materials
				incorporating any of the approved themes, if the local area submits samples,
				pictures, or adequate descriptions of those materials to the SAC, and if those
				materials are approved by the SPC.
(5) All materials must include the SECC flag
				logo, as well as the approved theme.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 334 - GRIEVANCE PROCEDURES › Section 334.3 - Procedures for Grievances Involving Statewide Campaign Issues

Current through Reg. 49, No. 28; July 12, 2024
State Employee Charitable Campaign (SECC) is conducted in
				  accordance with state law, the comptroller's rules and SPC rules. The State
				  Employee Charitable Campaign Policy Committee (SPC) is responsible for
				  oversight of the SECC and for insuring that the campaign is run fairly and
				  equitably. In order to expedite the handling of complaints and grievances
				  pertaining to the SECC and to ensure input of all concerned parties, the
				  grievance policy detailed in this section, shall be followed for grievances
				  related to the statewide campaign. Grievances related to local campaign issues
				  may be filed in accordance with §
									334.1
				  of this title (relating to Procedures for Grievances Involving Local Campaign
				  Issues.
(1) A state employee or
				charitable organization, including a federation/affiliate charity
				representative may lodge a grievance pertaining to the conduct of the SECC at
				the statewide level, regarding any SECC matter occurring at the statewide
				level, or regarding the SPC, the state campaign manager (SCM), or a statewide
				charitable organization, including a statewide federation or fund. Grievances
				shall be sent to the SPC by delivery to the address of the SCM.
(2) The SCM shall respond, in writing, to the
				aggrieved party within 10 business days after receiving the grievance, to
				inform the grievant of the status of the grievance. The aggrieved party shall
				cooperate with the SPC to investigate the grievance. The decision of the SPC
				shall be final.
(3) Any grievance
				submitted to the SPC may be referred to the appropriate LEC for review and
				action if the grievance concerns local issues.
(4) A grievance properly received by the SPC
				will be reviewed and may be acted upon at the next scheduled SPC meeting, if
				possible.
(5) A state employee who
				has a complaint about coercive activity in any part of the campaign should file
				a complaint with the comptroller's office in accordance with §
									5.48(w)
				of this title (relating to Deductions for Contributions to Charitable
				Organizations). The LCM and the SCM shall refer to the comptroller's office all
				complaints they receive relating to coercive activity in the
				campaign.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter A - OBJECTIVE, MISSION, AND PROGRAM › Section 1.1 - Broad Objective

Current through Reg. 49, No. 28; July 12, 2024
(a) The broad
				  objective of the Texas Department of Public Safety is: "To maintain public
				  safety in the State of Texas."
(b)
				  The department works toward the attainment of this objective within existing
				  regulations and in cooperation with other agencies and persons with mutual or
				  related responsibilities. It seeks to preserve the peace and to protect the
				  persons, property, rights, and privileges of all people in 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 A - OBJECTIVE, MISSION, AND PROGRAM › Section 1.2 - Mission

Current through Reg. 49, No. 28; July 12, 2024
The mission of the Texas Department of Public Safety
					 is:
(1) to supervise traffic on rural
				  highways;
(2) to supervise and
				  regulate commercial and "for hire" traffic;
(3) to preserve the peace, to investigate
				  crimes, and to arrest criminals;
(4) to administer regulatory programs in
				  driver licensing, motor vehicle inspection, and safety responsibility;
				  and
(5) to execute programs
				  supplementing and supporting the preceding activities.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter A - OBJECTIVE, MISSION, AND PROGRAM › Section 1.3 - Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) The programs of the Department of Public
				  Safety fall into three general classes:
(1)
				  street and highway traffic management;
(2) crime suppression and control;
				  and
(3) emergency
				  management.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter A - OBJECTIVE, MISSION, AND PROGRAM › Section 1.4 - Programs under Texas Highway Patrol Division

Current through Reg. 49, No. 28; July 12, 2024
(a) Highway Patrol Service. The program of
				  the Highway Patrol Service is "Police Traffic Supervision and General Law
				  Enforcement on Rural Highways." This program consists of the following major
				  activities:
(1) Police traffic supervision on
				  rural highways:
(A) police traffic
				  direction;
(B) police traffic
				  accident investigation; and
(C)
				  police traffic law enforcement and patrol.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter A - OBJECTIVE, MISSION, AND PROGRAM › Section 1.5 - Programs under the Driver License Division

Current through Reg. 49, No. 28; July 12, 2024
The mission of the Driver License Division is to provide
					 exceptional customer service, promote public safety and enhance safe driving on
					 Texas roadways. The Driver License Program consists of the following major
					 activities:
(1) examination of new
				  drivers and renewal of licensed drivers;
(2) issuance of driver license and
				  identification cards;
(3)
				  improvement and control of problem drivers;
(4) maintenance of driver and accident
				  records;
(5) administration of
				  safety responsibility regulations;
(6) operation of the Administrative License
				  Revocation (ALR) program;
(7)
				  dissemination of driver license information and customer service; and
(8) traffic and criminal law
				  enforcement.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter B - BASIC DOCTRINE › Section 1.11 - Basic Doctrines

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  of public safety accepts its responsibilities as a public trust. It is our
				  policy to discharge with dispatch any responsibility to the fullest extent with
				  maximum benefit for the public.
(b)
				  It is the policy of the department to afford maximum courtesy, service, and
				  protection to all citizens and visitors in this state.
(c) The department recognizes that government
				  exists for the benefit of the governed-the people. Enforcement and regulatory
				  actions against persons are carried out for the benefit of society as a whole.
				  The department does not act to adjudicate or rectify injustices, inequities, or
				  wrongs between individuals, but acts only to maintain order for the
				  preservation and protection of society as a whole.
(d) It is a solemn obligation of members of
				  the department to uphold the constitutions of the United States and the State
				  of Texas as well as to enforce the statutory enactments. Constitutional
				  provisions take precedence over statutory enactments. In the enforcement of the
				  provisions of a statute, personnel of the department of public safety will
				  refrain from infringing upon any rights or privileges guaranteed by the
				  constitutions.
(e) The department
				  recognizes that the basic responsibility for the enforcement of the criminal
				  laws rests with the local officers in their respective jurisdictions. It is the
				  policy of the department to cooperate with and assist local officers fully in
				  these matters but to leave the basic responsibility to them unless specifically
				  assigned to do otherwise.
(f) It is
				  the policy of the department to assume primary responsibility for traffic
				  supervision on the rural highways of this state, including the regulation of
				  commercial traffic.
(g) The
				  department will cooperate with all governmental agencies discharging statutory
				  duties when assistance complies with state law and departmental policies and
				  regulations.
(h) It is the policy
				  of the department to assign available manpower in any field service to the
				  areas of the state in proportion to the amount of the statewide problem of that
				  service existing in any particular area so that the department may, as nearly
				  as practicable, render to all citizens their equitable share of the service
				  available.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter B - BASIC DOCTRINE › Section 1.12 - Initiation of Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
(a) Any interested
				  person may petition the department requesting the adoption of a new rule or the
				  amendment of an existing rule. The petition shall be in writing directed to the
				  Office of Director at the department's headquarters building in
				  Austin.
(b) The petition for
				  adoption shall contain:
(1) a clear and
				  concise statement of the substance of the proposed rule or amendment;
(2) the complete proposed text of the
				  rule;
(3) the statutory authority
				  for such rule or amendment;
(4) a
				  brief explanation of the purpose to be accomplished through such
				  adoption.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter C - PERSONNEL AND EMPLOYMENT POLICIES › Section 1.36 - Equal Employment Opportunity Policy

Current through Reg. 49, No. 28; July 12, 2024
It is the policy of the Texas Department of Public Safety
					 to hire the best qualified people to perform the many tasks necessary in
					 providing high quality service in the field of law enforcement administration
					 and other areas of public safety. An integral part of this policy is to provide
					 equal employment opportunity for all persons; to recruit and administer hiring,
					 working conditions, benefits and privileges of employment, compensation,
					 training, appointments for advancement including upgrading and promotion,
					 transfers, and terminations of employment within the framework provided by
					 statutes of the State of Texas and the United States without discrimination
					 because of race, color, religion, national origin, sex, age, or
					 disability.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter C - PERSONNEL AND EMPLOYMENT POLICIES › Section 1.37 - Selection Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  the promotional and selection policies and procedures of the Texas Department
				  of Public Safety is to assure that initial employment and career advancement
				  within the department is based upon:
(1)
				  sound personnel practices based on merit;
(2) nondiscriminatory procedures as required
				  by law; and
(3) a comprehensive
				  program aimed at increasing the department's overall professionalism,
				  proficiency, and morale through an effective career program.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter C - PERSONNEL AND EMPLOYMENT POLICIES › Section 1.38 - Personnel Complaint Policy

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. The purpose of this section is to set out how and where to file a
				  complaint about the actions or behavior of an employee of the Texas Department
				  of Public Safety in compliance with Texas Government Code, §
										411.0195.
(b) Applicability. The policies and
				  procedures described in this section apply only to complaints made against an
				  employee of the department either by another employee of the department or by a
				  member of the public.
(c)
				  Definitions. The following words and terms, when used in this section, shall
				  have the following meanings unless the context in which the word or term is
				  used clearly indicates otherwise:
(1)
				  Complaint--A written statement of allegations against an employee of the
				  department made by a member of the public or another department employee which
				  alleges one or more of the following:
(A) an
				  infraction of department rules, regulations, or policies; or
(B) an illegal act.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter C - PERSONNEL AND EMPLOYMENT POLICIES › Section 1.40 - Reasonable Accommodations under the Americans with Disabilities Act

Current through Reg. 49, No. 28; July 12, 2024
(a) It is the policy of the department that
				  no qualified individual with a disability shall, solely based on the
				  disability, be excluded from the participation in, be denied the benefits of,
				  or be subjected to discrimination under any of the policies or procedures of
				  the department in any employment practice.
(b) This department shall make reasonable
				  accommodations to known physical or mental limitations of a qualified applicant
				  or employee with a disability which would enable the individual to perform the
				  essential job tasks.
(c) The
				  department must provide a reasonable accommodation for a qualified applicant or
				  employee with a known physical or mental disability unless it can show that the
				  accommodation would impose an undue hardship on the operation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter C - PERSONNEL AND EMPLOYMENT POLICIES › Section 1.41 - Americans with Disabilities Act Grievance Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Policy.
(1) The Texas Department of Public Safety has
				  adopted an internal grievance procedure providing for prompt and equitable
				  resolution of complaints alleging any action prohibited by the United States
				  Department of Justice regulations implementing Title II of the Americans with
				  Disabilities Act (ADA) and ADA Amendments Act (ADAAA). Title II states, in
				  part, that "no otherwise qualified disabled individual shall, solely by reason
				  of such disability, be excluded from the participation in, be denied the
				  benefits of, or be subjected to discrimination" in programs or activities
				  sponsored by a public entity.
(2)
				  Complaints should be addressed to: EEO Officer, 5805 North Lamar Boulevard,
				  P.O. Box 4087, Austin, Texas 78773-0251, (512) 424-5062.
(3) The Equal Employment Opportunity (EEO)
				  office shall maintain the files and records of the Texas Department of Public
				  Safety relating to the complaints filed.
(4) The right of a person to a prompt and
				  equitable resolution of the complaint filed hereunder shall not be impaired by
				  the person's pursuit of other remedies such as the filing of an ADA complaint
				  with the responsible federal or state department or agency. Use of this
				  grievance procedure is not a prerequisite to the pursuit of other
				  remedies.
(5) This policy shall be
				  construed to protect the substantive rights of interested persons to meet
				  appropriate due process standards, and to assure that the Texas Department of
				  Public Safety complies with the ADA and the ADAAA and the implementing
				  regulations.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter C - PERSONNEL AND EMPLOYMENT POLICIES › Section 1.42 - Veteran's Preference Grievance Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) Complaints regarding veteran's preference
				  should be addressed to: Human Resources Director, Human Resources Bureau, 5805
				  North Lamar Blvd., P.O. Box 4087, Austin, TX 78773-0251, who has been
				  designated by the Commission to receive complaints and coordinate compliance
				  efforts. The Human Resources Director shall respond in writing to the complaint
				  not later than the fifteen (15) business days after the date the department
				  receives the complaint. The written response shall explain that the complainant
				  can request consideration of the case by the Public Safety Commission at the
				  next available public meeting and instructions on how to request the
				  consideration before the Commission. The request for consideration should be
				  made within fifteen (15) business days of the date the response is mailed to
				  the complainant.
(b) All veteran's
				  preference complaints shall be reported to the Commission and those requesting
				  consideration will be placed on the agenda of the next available meeting as
				  personnel issues. The Commission may render a different employment decision
				  than the decision that is the subject of the complaint if the Commission
				  determines that the veteran's preference was not properly applied. Those
				  individuals requesting consideration by the Commission will receive written
				  notice of the Commission's decision.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter C - PERSONNEL AND EMPLOYMENT POLICIES › Section 1.43 - Former Foster Child's Preference Grievance Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) Complaints regarding former foster
				  child's preference should be addressed to: Human Resources Director, Human
				  Resources, 5805 North Lamar Blvd., P.O. Box 4087, Austin, TX 78773-0251, who
				  has been designated by the Public Safety Commission (the commission) to receive
				  complaints and coordinate compliance efforts. The human resources director
				  shall respond in writing to the complaint not later than 15 business days after
				  the date the department receives the complaint. The written response shall
				  explain that the complainant can request consideration of the case by the
				  commission at the next available public meeting and instructions on how to
				  request the consideration before the commission. The request for consideration
				  should be made within 15 business days of the date the response is mailed to
				  the complainant.
(b) All former
				  foster child's preference complaints shall be reported to the commission and
				  those requesting consideration will be placed on the agenda of the next
				  available meeting as personnel issues. The commission may render a different
				  employment decision than the decision that is the subject of the complaint if
				  the commission determines that the former foster child's preference was not
				  properly applied. Those individuals requesting consideration by the commission
				  will receive written notice of the commission's decision.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter C - PERSONNEL AND EMPLOYMENT POLICIES › Section 1.44 - Legislative Leave Pool

Current through Reg. 49, No. 28; July 12, 2024
The department shall implement a legislative leave pool
					 policy pursuant to Texas Government Code, §
										411.0161.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter D - MEDIA AND COMMUNICATIONS POLICIES › Section 1.51 - General Policy

Current through Reg. 49, No. 28; July 12, 2024
It is the belief of the Department of Public Safety
					 (department) that the public should have accurate, authentic information
					 concerning events that affect the public welfare, or that are of public
					 interest. It is also the belief of the department that the public should be
					 informed of the actions of governmental agencies when it is possible to give
					 such information without substantially interfering with the performance of
					 vital emergency police services or jeopardizing the results of a police
					 investigation. To this end, the department has established a Public Information
					 Office, to which the media may be referred.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter D - MEDIA AND COMMUNICATIONS POLICIES › Section 1.53 - Releases before Arrest or Charge

Current through Reg. 49, No. 28; July 12, 2024
Following the commission of a crime, but prior to the
					 making of an arrest, the issuance of an arrest warrant or the filing of formal
					 charges, the following limitations on release of information to the news media
					 apply.
(1) Releases shall be limited
				  to pertinent facts related to the crime itself including nature of the offense,
				  information concerning the victim, location, and approximate time of the crime,
				  and information as to what agency or agencies are investigating.
(2) The fact that laboratory examinations are
				  being made by the Department of Public Safety lab may be released, but the
				  details or results shall be considered confidential. This same limitation
				  applies to polygraph examinations, but does not apply to blood alcohol
				  concentration tests.
(3) Prior to
				  the filing of formal charges, the identity of a person wanted for questioning
				  should not be disclosed unless determined by the investigators to be necessary
				  to aid in the investigation, to assist in the apprehension or location of the
				  person, or to warn the public of any dangers.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter D - MEDIA AND COMMUNICATIONS POLICIES › Section 1.54 - Releases After Arrest or Charges

Current through Reg. 49, No. 28; July 12, 2024
It shall be permissible for authorized members of this
					 department to release the following information in criminal proceedings at the
					 time charges are filed, or upon arrest of the defendant.
(1) The fact and circumstances of arrest,
				  including the time and place of arrest, pursuit, resistance, and any injuries
				  suffered during the arrest.
(2) The
				  identity of the investigating and arresting officer and agency and the length
				  of the investigation.
(3) At the
				  time of seizure of any physical evidence, a description of the evidence
				  seized.
(4) The nature, substance,
				  or text of the charge as filed in a court proceeding and the identity of the
				  person charged. This may include the age, residence, occupation, and family
				  status of the suspect.
(5)
				  Information as to the court in which the charge was filed and the fact the
				  defendant was released on bond or remanded to jail.
(6) Information of the type outlined in
				  §
										1.53
				  of this title (relating to Releases Before Arrest or Charge).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter D - MEDIA AND COMMUNICATIONS POLICIES › Section 1.55 - Access to Disaster and Emergency Scenes

Current through Reg. 49, No. 28; July 12, 2024
(a) Department officers will permit properly
				  identified news media representatives free access to any disaster or emergency
				  scene unless their presence would constitute a violation of the law or would
				  substantially interfere with the officer's duty to:
(1) protect human life, including providing
				  assistance to those already injured and preventing further injuries to others
				  from explosion, fire, radiation, chemicals, or other hazard;
(2) collect and preserve evidence of a crime
				  or serious negligence;
(3) protect
				  property; and
(4) identify dead or
				  injured persons.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter D - MEDIA AND COMMUNICATIONS POLICIES › Section 1.56 - Actions of Media Representatives at Disaster and Emergency Scenes

Current through Reg. 49, No. 28; July 12, 2024
(a) After news media representatives have
				  been permitted access to a disaster or emergency scene, department officers
				  will not attempt to restrict any of their actions unless the act is a violation
				  of the law or interferes with the performance of vital police duties.
(b) In the event a media representative
				  attempts or commits an act not a violation of the law or in interference with
				  vital police duties, but which is repugnant to decent human sensibilities,
				  department officers will not attempt to prevent the act. However, in such
				  instances, a department officer will identify the representative and his
				  employer, and will make a written report of the incident to his commanding
				  officer. Copy of such a report may be sent to the representative's employer.
				  The commanding officer will incorporate this report in his official record of
				  the disaster or emergency.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter D - MEDIA AND COMMUNICATIONS POLICIES › Section 1.57 - Military Incidents

Current through Reg. 49, No. 28; July 12, 2024
The same policy as set out in the preceding sections will
					 be followed in military accidents. If a media representative desires to take
					 photographs or secure information, he should be referred to the proper military
					 authorities for permission. However, department officers will not bar media
					 representatives from taking photographs or seeking information once they have
					 referred them to the proper military authority. Exception to this will be made
					 only when the department officers have been officially and authoritatively
					 advised by the proper military authorities that a specific violation of federal
					 law is involved in allowing unauthorized persons to examine or photograph
					 classified material or equipment involved in the specific
					 incident.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter D - MEDIA AND COMMUNICATIONS POLICIES › Section 1.58 - Release of Information on Victims

Current through Reg. 49, No. 28; July 12, 2024
It is highly desirable to notify next of kin of any victim,
					 who has died or been seriously injured, before releasing the victim's name to
					 the news media. Therefore, department personnel will not release the names of
					 such victims to the news media representatives until the identities of the
					 victims have been fully established and the next of kin have been
					 notified.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter D - MEDIA AND COMMUNICATIONS POLICIES › Section 1.59 - Law Violations by Media Representatives

Current through Reg. 49, No. 28; July 12, 2024
News media representatives apprehended for violating the
					 law at a disaster or emergency scene will be dealt with the same as any other
					 violator.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter E - VIDEOTAPES AND PHOTOGRAPHS › Section 1.71 - Disposition of Videotapes and Photographs

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  All videotapes, photographs, and negatives created or acquired by Department of
				  Public Safety personnel in the course of their official duties are agency
				  property and available to the public as provided by the Texas Public
				  Information Act. No employee shall sell, or offer to sell, any such videotape,
				  photograph, or negative for personal gain, nor shall any employee receive any
				  personal compensation whatsoever for the release or disposition of such
				  items.
(b) This section is not
				  intended to forbid the use of any such videotape, photograph, or negative by
				  members of this department or other criminal justice agencies in the
				  prosecution of any criminal or traffic case or in programs expressly intended
				  to further public safety education or in any utilization approved 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 F - TESTIMONY › Section 1.91 - Civil Cases

Current through Reg. 49, No. 28; July 12, 2024
(a) Findings,
				  facts, data, information, and opinions based on such findings, facts, data, or
				  information gained by a Texas Department of Public Safety employee from and
				  during the course of his employment, if requested while such person is employed
				  by the department, shall be considered as being the product of state employment
				  and will be generally made available through court testimony by the employee on
				  state time and expense.
(b) Members
				  of the department of public safety will only testify in civil suits involving
				  or arising from an official act after being served with a subpoena directing
				  his appearance in court. This does not apply to suits to which the employee or
				  the department is a party.
(c)
				  Members of the department will not accept civil subpoenas for trials at which
				  they cannot be legally compelled to attend unless specifically instructed to do
				  so.
(d) Employees may be assigned
				  to give expert testimony for the Texas Department of Public Safety or other
				  governmental agencies, and, while doing so, will be on official duty at state
				  expense. Such assignments will be determined by the appropriate administrative
				  division chief, criminal law enforcement commander, regional commander, or
				  special section head.
(e) Employees
				  who serve as expert witnesses in instances not arising from official acts of
				  the department of public safety will testify off duty at no expense to the
				  state. Employees affected by this policy will comply with the following.
(1) The employee must be under legal process
				  or obtain departmental approval when testimony is given, and will testify off
				  duty, at no expense to the state. An employee will not testify at a trial if
				  deposition testimony can be arranged in lieu of the court appearance.
				  Departmental approval shall be obtained as follows:
(A) administrative personnel division
				  chief;
(B) criminal law enforcement
				  personnel service commander;
(C)
				  traffic law enforcement personnel regional commander.