Report to the 86th Legislature: Sunset Advisory Commission Page: 57
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Sunset Advisory Commission
* Authorize DPS to conduct fingerprint-based criminal background checks for all applicants and
licensees, and to establish flexible license renewal requirements.
* Discontinue regulation of precursor chemical and laboratory apparatus sales and transfers.
" Discontinue duplicative registration of peyote distributors.
" Direct DPS to adopt a process for applying mitigating and aggravating factors in criminal history
evaluations. (Management action - nonstatutory)
" Direct DPS to cease permanently disqualifying individuals for certain convictions (other than those
convictions specified by Chapter 53), but allow DPS to apply mitigating and aggravating factors
to crimes relevant to the profession according to the level of threat to public safety. (Management
action - nonstatutory)
Enforcement
" Establish clear authority for DPS to receive, investigate, and resolve complaints.
" Clarify the Public Safety Commission's responsibility to take final enforcement actions for regulatory
programs under DPS'jurisdiction, and prohibit the commission from delegating that.responsibility
to the director.
* Require DPS to establish a process to informally resolve complaints.
" Provide DPS a full range of sanctions to enforce regulations.
" Remove restrictive fee authority from statute.
" Direct DPS to adopt a risk-based inspection process, and also direct DPS to work with TxDMV to
identify the most appropriate means of managing investigations and inspections of salvage yards,
and to establish a memorandum of understanding with TxDMV to coordinate oversight of these
entities. (Management action - nonstatutory)
Regulatory Management
" Require DPS to track and annually report regulatory information on its website.
" Direct DPS to work with TDLR to develop regulatory processes and rules. (Management action
- nonstatutory)
Motorcycle Safety Program
" Transfer the motorcycle and ATV safety training programs from DPS to TDLR.
" The department and TDLR should develop a transition plan for the transfer of the motorcycle and
ATV safety training programs. (Management action - nonstatutory)
" Direct DPS to discontinue loaning motorcycles to training course operators and allow TDLR to
use money collected from motorcyclists to support the motorcycle safety program more efficiently.
" Transfer instructor training, research, education, and advocacy functions from DPS to the Texas
A&M Engineering Extension Service (TEEX) and to the Texas A&M Transportation InstituteDepartment of Public Safety
Report to the 86th Legislature57
February 2019
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Texas. Sunset Advisory Commission. Report to the 86th Legislature: Sunset Advisory Commission, report, February 2019; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1364727/m1/69/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.