PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 90. OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES
The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 90, Subchapter A, §90.1; Subchapter B, §90.21; Subchapter D, §90.40; Subchapter E, §§90.51 - 90.54; Subchapter F, §90.80; and Subchapter G, §§90.91 - 90.94; new rules at Subchapter A, §90.10; Subchapter B, §§90.20, 90.22 - 90.28; Subchapter C, §§90.30 - 90.34; Subchapter D, §§90.41 - 90.49; Subchapter E, §90.50; and Subchapter G, §90.95; and the repeal of existing rules at Subchapter A, §90.10; Subchapter B, §§90.20, 90.22 - 90.27; Subchapter C, §§90.30 - 90.34; Subchapter D, §§90.41 - 90.49; and Subchapter E, §90.50 regarding the Court-Ordered Education program, without changes to the proposed text as published in the June 10, 2022, issue of the Texas Register (47 TexReg 3375). These rules will not be republished.
The Commission also adopts amendments to existing rules at 16 TAC Chapter 90, Subchapter A, §90.1, and Subchapter G, §90.91 and §90.92, regarding the Court-Ordered Education program, with changes to the proposed text as published in the June 10, 2022, issue of the Texas Register (47 TexReg 3375). These rules will be republished.
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The rules under 16 TAC Chapter 90 implement new Texas Government Code, Chapter 171, relating to the Court-Ordered Education Programs, formerly known as the Offender Education Programs. The rules also implement Texas Transportation Code, Chapter 521, §§521.374 - 521.376, regarding the Drug Offender Education Program.
Senate Bill 1480
Senate Bill (SB) 1480, 87th Legislature, Regular Session (2021) changed the landscape of the Court-Ordered Education Programs by consolidating the requirements found in separate statutes previously governing the court-ordered programs into one statutory chapter for easier reference and organization.
This bill represents a significant change in the provision of instruction and the Department's regulatory framework for instructors and program providers associated with delivering court-ordered programs. The court-ordered programs available for persons subject to court orders involving community supervision for drug or alcohol-related offenses under new Texas Government Code, Chapter 171 are: the Alcohol Education Program for Minors (AEPM); the Drug Offender Education Program (DOEP); the DWI Education Program (DWIE) and the DWI Intervention Program (DWII). These programs are referenced under Texas Alcoholic Beverage Code §106.115; Texas Transportation Code §§521.374 - 721.376; Texas Code of Criminal Procedure, Chapter 42A, Articles 42A.403 and 42A.406; and Texas Code of Criminal Procedure, Chapter 42A, Articles 42A.404 and 42A.406, respectively.
Instructors and program providers will experience significant changes as a result of this bill, which is intended to benefit program participants and the general public, including: (A) online provision of course materials and curriculum by program providers, thus allowing court-ordered program instruction to reach participants throughout the state, and increasing business flexibility and cost savings for instructors and providers; (B) creation of a unified program provider license with one program fee for providers with multiple locations creating efficiencies for Department administration resulting in lower costs; (C) repeal of the requirement for program provider branch locations and program headquarters organizational structure; and (D) introduction of new program fees for program providers and instructors related to licensing and court-ordered program endorsement fees.
The adopted rules implement SB 1480 for the Court-Ordered Education Programs by: (1) amending program definitions within the chapter; (2) prescribing eligibility requirements and minimum qualifications for license applicants; (3) setting the minimum requirements and responsibilities for licensed providers and instructors; (4) establishing program provider and instructor endorsement requirements; (5) mandating minimum standards for online and in-person program provider delivery of court-ordered program curriculum; (6) amending and adding program fees for program providers and instructors as provided by the new statute; (7) updating rule terminology to include new license types, program provider structure changes, and court-ordered program endorsements; (8) imposing criminal penalties for violations involving the misuse of certificates of program completion; and (9) updating rule language to recognize repealed statutory references.
The adopted rules in this rulemaking represent the first phase of the implementation of SB 1480. A subsequent rulemaking completing the implementation of SB 1480 shall occur later and include rule changes on court-ordered program curriculum, program provider reporting, audits and inspections, and continuing education.
Senate Bill 181
The adopted rules also implement Senate Bill (SB) 181, 87th Legislature, Regular Session (2021). SB 181 overlaps with SB 1480, and both bills amend Transportation Code §§521.374, 521.375, and 521.376. The changes, in part, affect the Drug Offender Education Program approved and administered by the Department. Texas Transportation Code §521.374(a)(1), as amended, provides that a person may successfully complete an in-person or online drug offender educational program approved by the Department under Texas Government Code, Chapter 171. Texas Transportation Code §521.375(a) and (b), as amended, requires the Department to work with the Texas Department of Public Safety (DPS) to jointly adopt rules for the qualification and approval of providers of in-person and online drug offender educational programs approved by the Department. Texas Transportation Code §521.376(a), as amended, assigns certain duties to the Department regarding the in-person and online drug offender educational programs approved by the Department. The adopted rules implement SB 181 and SB 1480 related to the Drug Offender Education Program approved and administered by the Department.
As a result of the legislative changes, the adopted rules include extensive amendments and subsequent repeals and renumbering of rule sections within 16 TAC Chapter 90. Moreover, the adopted rules introduce new rule sections in Subchapters A - E and G to provide greater clarity, interpretation, and implementation of the provisions of SB 1480 and SB 181 relating to the Court-Ordered Education Program.
SECTION-BY-SECTION SUMMARY
Subchapter A, General Provisions.
The adopted rules amend §90.1, Authority, by deleting repealed statutory references and including a reference to Texas Government Code, Chapter 171 for court-ordered programs for alcohol and drug-related offenses; and, post-publication, added the word "and" just before the citation to the Code of Criminal Procedure related to the DWI Intervention Program to correct rule language.
The adopted rules add new §90.10, Definitions, which establishes the meaning of the words and terms employed throughout the rule chapter. The new rule replaces existing §90.10 to: (1) include definitions for words and terms introduced by SB 1480; (2) added a definition for "module", (3) delete definitions for "Administrator", "Branch Office/Site", "Course Size", "Drug Offender", and "Program/Provider Headquarters"; (4) modify terminology for existing definitions consistent with SB 1480; (5) renumber the provisions as needed; and (6) correct rule language.
The adopted rules repeal existing §90.10, Definitions.
Subchapter B, Instructor Requirements.
The adopted rules add new §90.20, Instructor License Required, which introduce changes to instructor licensing structure and the addition of court-ordered endorsements to the instructor license from SB 1480. The new rule replaces existing rule §90.20 to: (1) amend the section header changing the term "certification" to "license"; (2) update rule language to include use of the term "endorsement" to refer to the court-ordered programs consistent with SB 1480; and (3) include requirements for instructors to hold appropriate license endorsements to teach participants at program provider locations.
The adopted rules repeal existing §90.20, Instructor Certification Required.
The adopted rules amend §90.21, Instructor License - Eligibility Requirements, by updating the section header and rule terms consistent with SB 1480, and correct rule language.
The adopted rules add new §90.22, Instructor License - Application for License and First Endorsement, which describes the Department procedure by which an instructor applicant may apply and obtain for a license and an endorsement to instruct a court-ordered program. The new rule will: (1) update the section header and rule terms consistent with SB 1480; (2) identify the new instructor licensing fee; and (3) update terminology in the section header and rule consistent with SB 1480. This rule replaces existing §90.23 and is relocated to more accurately reflect the Department's current licensing process.
The adopted rules add new §90.23, Instructor License - Instructor Training Course and Examination, which identifies the Department's training course and examination process that instructor applicants must successfully complete prior to licensure. The new rule will update the section header consistent with SB 1480. This rule replaces existing §90.22 and is relocated to more accurately reflect the Department's current licensing process.
The adopted rules add new §90.24, Instructor License - Additional Endorsements, to describe the new procedure introduced by SB 1480 by which an instructor may obtain license endorsements to instruct other court-ordered programs, and the endorsement disposition at time of renewal.
The adopted rules add new §90.25, Instructor License Term; Renewals, which describes the license renewal process for the program. The new rule will: (1) specify the two-year term of the license and the concurrent endorsement; (2) describe the Department procedure for license renewal and late renewal; (3) mandate an instructor hold a current license to instruct a specific court-ordered program(s); and (4) update the section header and rule language. This rule replaces existing §90.24.
The adopted rules add new §90.26, Instructor Continuing Education Requirements, which identifies the continuing education requirements by court-ordered program for instructors to meet prior to license renewal. The new rule will: (1) remove the previous minimum teaching requirement of courses during the instructor licensing period to obtain license renewal; (2) replaces the word "attend" with "complete" to recognize the online provision of court-ordered programs as authorized by SB 1480; and (3) updates the rule language and section header. This rule replaces existing §90.25.
The adopted rules add new §90.27, Instructor Continuing Education Audits - All Programs, which describes the Department auditing system and the responsibilities of the instructor to maintain continuing education records, and details the process for instructor reporting of continuing education hours necessary for license renewal. This rule replaces existing §90.26.
The adopted rules add new §90.28, Instructor Responsibilities, which: (1) requires instructors to report their own criminal convictions or those of other instructors; (2) sets notice requirements for changes in instructor name, mailing address, telephone number or email address; (3) shifts instructor course and provider certification requirements for teaching court-ordered programs to new §90.20 and §90.50; and (4) removes the requirement that an instructor provide his/her certification number and Department complaint information to participants. This rule replaces existing §90.27.
The adopted rules repeal existing §90.22, Instructor Certification - Instructor Training Course and Examination.
The adopted rules repeal existing §90.23, Instructor Certification - Application.
The adopted rules repeal existing §90.24, Instructor Certification Term; Renewals.
The adopted rules repeal existing §90.25, Instructor Teaching and Continuing Education Requirements.
The adopted rules repeal existing §90.26, Instructor Continuing Education Audits - All Programs.
The adopted rules repeal existing §90.27, Instructor Responsibilities.
Subchapter C, Program Provider License Requirements.
The existing rules in this subchapter are being repealed to accommodate adopted new rule sections to reflect the licensing changes for program providers in implementing SB 1480.
The adopted rules add new §90.30, Program Provider License Required, which introduce changes to program provider licensing structure and the addition of court-ordered endorsements to the program provider license from SB 1480. The adopted rules allow a program provider to have but one license with up to four court-ordered endorsements to operate. Providers are no longer required to license each location owned. Branch locations have been eliminated by SB 1480. Moreover, providers will now be able to offer or provider instruction statewide with the ability to deliver online service. The new rule replaces existing rule §90.30 to: (1) require program providers have a current license with the applicable endorsement for each court-ordered program offered or provided to participants; (2) ensure each court-ordered program is taught by licensed instructors with the proper endorsement for the program(s) instructed; (3) require that program providers conduct instruction using the Department-approved instructor manuals and curriculum; (4) delete references to "Program/Provider"; (5) allow a program provider to offer or provide a court-ordered program in-person, online, or both, in accordance with SB 1480; and (6) update the rule language and section heading.
The adopted rules add new §90.31, Program Provider License - Application for License and Endorsements, which describes the Department procedure by which a program provider applicant may obtain for a license and an endorsement to offer or provide a court-ordered program. The new rule replaces existing rule §90.31 to: (1) require program providers be licensed and possess applicable endorsement(s) for each court-ordered program offered or provided; (2) describe the Department procedure for an applicant to obtain a program provider license; (3) delete references to "headquarters", "administrator", "program/provider" and "branch sites" from license requirements; (4) include new standards for a program provider applicant that intends to offer or provider online instruction to participants; and (5) update the rule language and section heading.
The adopted rules add new §90.32, Program Provider License - Additional Endorsements, which describes the new procedure introduced by SB 1480 by which a program provider may obtain additional license endorsements to offer or provide more than one court-ordered program, and the endorsement disposition at time of renewal. The new rule replaces existing rule §90.32 to: (1) implement SB 1480 by requiring a program provider who offers or provides additional court-ordered program types to hold the appropriate endorsement for each program offered or provided to participants; (2) describe the Department procedure for an applicant to obtain additional endorsements; (3) delete licensing requirements associated with branch sites and headquarters; (4) clarify that endorsements renew with the program provider license renewal; and (5) update the rule language and section headers.
The adopted rules add new §90.33, Program Provider License Term; Renewal, which describes the program provider license renewal process. The new rule replaces existing rule §90.33 to: (1) specify the two-year term of the license and the concurrent endorsement; (2) identify the Department procedure for program provider license renewal and late renewal; (3) delete references to "program/provider"; (4) mandate a program provider hold a current license to offer or provide a court-ordered program; (5) clarify that endorsements renew with the program provider license renewal; and (6) update the rule language and section headers.
The adopted rules add new §90.34, Program Provider License - Change of Address, Ownership and Other Information, which describes the program provider's responsibilities to report to the Department when there is a change in specific information affecting business operations. The new rule replaces existing rule §90.34 to: (1) require a licensee to notify the Department within 30 days of any change in program provider information as noted in the rule; (2) define what conditions will constitute a change in ownership of the program provider; (3) delete references to "program/provider"; (4) require that a program provider maintain a registered agent within the state for service of process; and (5) update the rule language and section header.
The adopted rules repeal existing §90.30, Program/Provider Certification Requirement.
The adopted rules repeal existing §90.31, Program/Provider Certification Application - Headquarters.
The adopted rules repeal existing §90.32, Program/Provider Certification Application - Branch Sites and Other Locations.
The adopted rules repeal existing §90.33, Program/Provider Certification Term; Renewal.
The adopted rules repeal existing §90.34, Program/Provider Certification - Change of Address and Providing Information.
Subchapter D, Program Requirements - Curriculum, Courses, Classrooms, Certificates.
This subchapter is being revised to add new rules and to make amendments to existing rules. Many of the adopted new rules are like to the existing rules in substance, but the rules are being reorganized and renumbered. The rules in this subchapter will also be part of a subsequent rulemaking regarding court-ordered program curriculum.
The adopted rules amend §90.40, Program Curriculum and Materials - All Programs, to: (1) identify the course curriculum approved for each online and in-person court-ordered program; (2) update rule terms consistent with SB 1480; and (3) correct language.
The adopted rules add new §90.41, Program Rules - Drug Offender Education Program, which addresses the joint rulemaking authority between the Department and the Texas Department of Public Safety (DPS) for the adoption of rules related to the qualification and approval of providers for the Drug Offender Education Program, as required under Transportation Code, Chapter 521, and as amended by SB 1480 and SB 181. This rule replaces existing §90.42.
The adopted rules add new §90.42, General Program and Course Requirements - All Programs, which define the responsibilities for program providers and instructors when presenting instruction to participants for in-person and online court-ordered programs, and updated rule language consistent with SB 1480. This rule replaces existing §90.43.
The adopted rules add new §90.43, Additional Course Requirements for the Drug Offender Education Program, which: (1) renames "class sessions" to "modules"; (2) details the course minimums for class instruction hours, duration and number of daily class modules, and administration of course examinations; and (3) sets the maximum number of participants for the specific court-ordered program. This rule replaces existing §90.44.
The adopted rules add new §90.44, Additional Course Requirements for the Alcohol Education Program for Minors, which: (1) renames "class sessions" to "modules"; (2) details the course minimums for class instruction hours, duration and number of daily class modules, and administration of course examinations; and (3) sets the maximum number of participants for the specific court-ordered program. This rule replaces existing §90.45.
The adopted rules add new §90.45, Additional Course Requirements for the DWI Education Program (DWIE), which: (1) details the course minimums for class instruction hours, (2) prescribes the number of daily hours of instruction and administration of course examinations; (3) increases the maximum number of participants to 30 for the specific court-ordered program; and (4) addresses the disposition of the certificate of completion to the appropriate court officials and the Texas Department of Public Safety. This rule replaces existing §90.46.
The adopted rules add new §90.46, Additional Course Requirements for the DWI Intervention Programs (DWII), which: (1) renames "class sessions" to "modules"; (2) details the course minimums for class instruction hours, duration and number of daily and weekly class modules; (3) sets the maximum number of participants for the specific court-ordered program; (4) provides for make-up class modules for excused participant absences, and individual participant sessions with exit interviews; and (5) addresses the disposition of the certificate of completion to the appropriate court officials and DPS. This rule replaces existing §90.47.
The adopted rules add new §90.47, In-Person Classroom Facilities and Equipment, which: (1) details the necessary equipment and facilities for an in-person program provider to provide court-ordered program instruction to participants; (2) prohibits licensees from offering, providing, or instructing an in-person court-ordered program out of a private residence; (3) requires instructors to be physically present when providing in-person instruction of a court-ordered program; (4) bars licensees from presenting any recorded or videotaped material as a part of the course presentation; and (5) updates the rule language and section header. This rule replaces existing §90.48.
The adopted rules add new §90.48, Online Program Requirements, which defines the requirements for a program provider when offering newly authorized online court-ordered programs to participants. This adopted new rule is added to: (1) require that online program providers possess sufficient bandwidth and working equipment to allow for instruction of court-ordered programs in real time; (2) mandate that online program providers employ Department-approved curriculum and materials under applicable laws and rules; (3) detail instructor and participant on-camera interaction requirements during instruction sessions, and empower the instructor to remove participants from class who fail to comply with those requirements; (4) prohibit the instructor from admitting a participant without fully functional equipment; and (5) impose responsibility on program providers for the administration of and security for pre-course and post-course examination of participants.
The adopted rules add new §90.49, Certificate of Program Completion for Participants, which describes the program provider's responsibilities surrounding the care, control and issuance of program completion certificates to successful participants taking court-ordered programs. This new rule: (1) details the program provider's responsibilities for delivery of a certificate of program completion of a court-ordered program to each participant; (2) prohibits delivery of the certificate by electronic means; (3) sets the responsibilities for program providers under which they maintain certificate records, and the care, custody and control of program certificates; (4) describes the process by which a provider may issue duplicate certificates and return unassigned certificates; (5) establishes requirements on a program provider to protect unissued certificates and account for missing certificates with the Department; (6) addresses additional requirements for the DWIE and DWII Programs when delivering certificates of program completion to court officials and DPS; and (7) updates and clarifies the rule language. This rule replaces existing §90.49.
The adopted rules repeal existing §90.41, Program Curriculum and Rules - DWI Education Program. The statutory provisions requiring jointly-approved curriculum and rules for the DWI Education program were repealed by SB 1480.
The adopted rules repeal existing §90.42, Program Rules - Drug Offender Education Program (DOEP).
The adopted rules repeal existing §90.43, General Program and Course Requirements - All Programs.
The adopted rules repeal existing §90.44, Additional Course Requirements for the Drug Offender Education Program.
The adopted rules repeal existing §90.45, Additional Course Requirements for the Alcohol Education Program for Minors.
The adopted rules repeal existing §90.46, Additional Course Requirements for the DWI Education Program.
The adopted rules repeal existing §90.47, Additional Course Requirements for DWI Intervention Programs.
The adopted rules repeal existing §90.48, Classroom Facilities and Equipment.
The adopted rules repeal existing §90.49, Course Completion Certificates for Participants.
Subchapter E, Program Requirements - Administration and Other Responsibilities.
The adopted rules add new §90.50, Program Administration, which define the parameters of program operation for a program provider. This new rule replaces existing §90.50 to: (1) identify the responsibilities for program providers to set course fees, create course schedules and maintain program records for Department audit; (2) set restrictions on the court-ordered program referral policy for program providers and instructors for inquiring participants; (3) require program providers to resolve participant complaints; (4) instruct program providers to provide participants with notice concerning the complaint filing process with the Department; and (5) update the rule language consistent with SB 1480.
The adopted rules repeal existing §90.50, Program Administration.
The adopted rules amend §90.51, Recordkeeping Regarding Course Participants, to: (1) update rule language consistent with SB 1480; (2) clarify the type of address information the program provider is required to collect from participants for its records; (3) correct rule language; and (4) ease record storage requirements for program providers to respond to Department inspections and audit.
The adopted rules amend §90.52, Annual Reports, to update rule language consistent with SB 1480.
The adopted rules amend §90.53, Confidentiality, to update rule language consistent with SB 1480.
The adopted rules amend §90.54, Discrimination Prohibited, to update rule language consistent with SB 1480.
Subchapter F, Fees.
The adopted rules amend §90.80, Fees, which illustrate the new program fees framework established by SB 1480. Under the new framework, (1) initial license and renewal fees are now assessed on instructors, as well as providers; (2) program headquarters and branch location provisions have been eliminated; and (3) the requirements for separate licenses for each court-ordered program have been eliminated. The adopted rules will require a provider or an instructor to obtain one license with the option to add up to four court-ordered program endorsements, one for each program. The endorsement becomes a part of the license for the provider or instructor, and it renews at the same time with the license.
Under the adopted rules, the provider initial license and renewal fee remain unchanged. However, a provider is only required to obtain one license with the option to add up to four endorsements. A provider with multiple locations pays for one unitary license under which all the other locations will operate. The program headquarters and branch location fees have been eliminated. When the provider renews the license, there is one renewal fee that includes the license and the current endorsement(s).
Instructors, under the adopted rules, are now required to pay initial license and renewal fees, pursuant to SB 1480. However, like the provider license regime, an instructor is only required to obtain one license with the option to add up to four endorsements. When the instructor renews the license, there is one renewal fee that includes the license and the current endorsement(s). Consistent with SB 1480, the existing rule is amended to: (1) update rule language in line with SB 1480; (2) eliminate the fees associated with the headquarters and branch location framework which was repealed by SB 1480; (3) add new licensing and endorsement fees for instructors and program providers which reflect the new fee structure and which recognize one license per provider or instructor with up to four court-ordered endorsements; and (4) correct language.
Subchapter G, Enforcement.
The adopted rules amend §90.91, Complaints; Investigations, to update rule language consistent with SB 1480; and, post-publication, added the words "or instructor" to clarify the record provision obligations pursuant to a department complaint investigation for driver education instructors and program providers, and removed repetitive language to clarify and correct language.
The adopted rules amend §90.92, Administrative Penalties and Sanctions, to update statutory citations consistent with SB 1480, and, post-publication, added a period after the words "or both" to correct language.
The adopted rules amend §90.93, Enforcement Authority, to update statutory citations consistent with SB 1480.
The adopted rules amend §90.94, Additional Conduct Subject to Disciplinary Actions, to: (1) update rule language consistent with SB 1480; (2) add additional prohibited conduct for a program provider or instructor pursuant to Chapter 171, Texas Government Code; and (3) clarify rule language.
The adopted rules add new §90.95, Criminal Penalties, to affix Class A Misdemeanor criminal penalties to any unauthorized person who knowingly sells, transfers, issues, possesses or trades a certificate of program completion or certificate number. This change is pursuant to Texas Government Code, Chapter 171.
PUBLIC COMMENTS
The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the June 10, 2022, issue of the Texas Register (47 TexReg 3375). The public comment period closed on July 11, 2022. The Department did not receive any comments from interested parties on the proposed rules.
COMMISSION ACTION
At its meeting on August 9, 2022, the Commission adopted the proposed rules with changes to the proposed text as published in the Texas Register.
SUBCHAPTER A. GENERAL PROVISIONS
STATUTORY AUTHORITY
The adopted rules are adopted under Texas Occupations Code, Chapter 51 and Texas Government Code, Chapter 171, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department. The adopted rules are also adopted under Texas Transportation Code, Chapter 521, §521.375, regarding the joint adoption of rules with the Department of Public Safety for the Drug Offender Education Program.
The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51; Texas Government Code, Chapter 171; Texas Alcoholic Beverage Code §106.115; Texas Transportation Code, §§521.371 - 521.377; Texas Code of Criminal Procedure, Articles 42A.403, 42A.404, 42A.406, 42A.407, 42A.514, and 45.051; and Texas Family Code §53.03 and §54.047. No other statutes, articles, or codes are affected by the adopted rules.
§90.1.Authority.
This chapter is promulgated under the authority of Occupations Code, Chapter 51; Government Code, Chapter 171; Alcoholic Beverage Code, §106.115 (Alcohol Education Program for Minors); Transportation Code, §§521.374 - 521.376 (Drug Offender Education Program); Code of Criminal Procedure, Chapter 42A, Articles 42A.403 and 42A.406 (DWI Education Program); and Code of Criminal Procedure, Chapter 42A, Articles 42A.404 and 42A.406 (DWI Intervention Program).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 12, 2022.
TRD-202203038
Brad Bowman
General Counsel
Texas Department of Licensing and Regulation
Effective date: September 1, 2022
Proposal publication date: June 10, 2022
For further information, please call: (512) 475-4879
STATUTORY AUTHORITY
The adopted repeal is adopted under Texas Occupations Code, Chapter 51 and Texas Government Code, Chapter 171, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department. The adopted repeal is also adopted under Texas Transportation Code, Chapter 521, §521.375, regarding the joint adoption of rules with the Department of Public Safety for the Drug Offender Education Program.
The statutory provisions affected by the adopted repeal are those set forth in Texas Occupations Code, Chapter 51; Texas Government Code, Chapter 171; Texas Alcoholic Beverage Code §106.115; Texas Transportation Code, §§521.371 - 521.377; Texas Code of Criminal Procedure, Articles 42A.403, 42A.404, 42A.406, 42A.407, 42A.514, and 45.051; and Texas Family Code §53.03 and §54.047. No other statutes, articles, or codes are affected by the adopted repeal.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 12, 2022.
TRD-202203018
Brad Bowman
General Counsel
Texas Department of Licensing and Regulation
Effective date: September 1, 2022
Proposal publication date: June 10, 2022
For further information, please call: (512) 475-4879
STATUTORY AUTHORITY
The adopted repeals are adopted under Texas Occupations Code, Chapter 51 and Texas Government Code, Chapter 171, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department. The adopted repeals are also adopted under Texas Transportation Code, Chapter 521, §521.375, regarding the joint adoption of rules with the Department of Public Safety for the Drug Offender Education Program.
The statutory provisions affected by the adopted repeals are those set forth in Texas Occupations Code, Chapter 51; Texas Government Code, Chapter 171; Texas Alcoholic Beverage Code §106.115; Texas Transportation Code, §§521.371 - 521.377; Texas Code of Criminal Procedure, Articles 42A.403, 42A.404, 42A.406, 42A.407, 42A.514, and 45.051; and Texas Family Code §53.03 and §54.047. No other statutes, articles, or codes are affected by the adopted repeals.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 12, 2022.
TRD-202203019
Brad Bowman
General Counsel
Texas Department of Licensing and Regulation
Effective date: September 1, 2022
Proposal publication date: June 10, 2022
For further information, please call: (512) 475-4879
STATUTORY AUTHORITY
The adopted rules are adopted under Texas Occupations Code, Chapter 51 and Texas Government Code, Chapter 171, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department. The adopted rules are also adopted under Texas Transportation Code, Chapter 521, §521.375, regarding the joint adoption of rules with the Department of Public Safety for the Drug Offender Education Program.
The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51; Texas Government Code, Chapter 171; Texas Alcoholic Beverage Code §106.115; Texas Transportation Code, §§521.371 - 521.377; Texas Code of Criminal Procedure, Articles 42A.403, 42A.404, 42A.406, 42A.407, 42A.514, and 45.051; and Texas Family Code §53.03 and §54.047. No other statutes, articles, or codes are affected by the adopted rules.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 12, 2022.
TRD-202203042
Brad Bowman
General Counsel
Texas Department of Licensing and Regulation
Effective date: September 1, 2022
Proposal publication date: June 10, 2022
For further information, please call: (512) 475-4879
STATUTORY AUTHORITY
The adopted repeals are adopted under Texas Occupations Code, Chapter 51 and Texas Government Code, Chapter 171, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department. The adopted repeals are also adopted under Texas Transportation Code, Chapter 521, §521.375, regarding the joint adoption of rules with the Department of Public Safety for the Drug Offender Education Program.
The statutory provisions affected by the adopted repeals are those set forth in Texas Occupations Code, Chapter 51; Texas Government Code, Chapter 171; Texas Alcoholic Beverage Code §106.115; Texas Transportation Code, §§521.371 - 521.377; Texas Code of Criminal Procedure, Articles 42A.403, 42A.404, 42A.406, 42A.407, 42A.514, and 45.051; and Texas Family Code §53.03 and §54.047. No other statutes, articles, or codes are affected by the adopted repeals.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 12, 2022.
TRD-202203020
Brad Bowman
General Counsel
Texas Department of Licensing and Regulation
Effective date: September 1, 2022
Proposal publication date: June 10, 2022
For further information, please call: (512) 475-4879
STATUTORY AUTHORITY
The adopted rules are adopted under Texas Occupations Code, Chapter 51 and Texas Government Code, Chapter 171, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department. The adopted rules are also adopted under Texas Transportation Code, Chapter 521, §521.375, regarding the joint adoption of rules with the Department of Public Safety for the Drug Offender Education Program.
The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51; Texas Government Code, Chapter 171; Texas Alcoholic Beverage Code §106.115; Texas Transportation Code, §§521.371 - 521.377; Texas Code of Criminal Procedure, Articles 42A.403, 42A.404, 42A.406, 42A.407, 42A.514, and 45.051; and Texas Family Code §53.03 and §54.047. No other statutes, articles, or codes are affected by the adopted rules.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 12, 2022.
TRD-202203017
Brad Bowman
General Counsel
Texas Department of Licensing and Regulation
Effective date: September 1, 2022
Proposal publication date: June 10, 2022
For further information, please call: (512) 475-4879
STATUTORY AUTHORITY
The adopted rules are adopted under Texas Occupations Code, Chapter 51 and Texas Government Code, Chapter 171, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department. The adopted rules are also adopted under Texas Transportation Code, Chapter 521, §521.375, regarding the joint adoption of rules with the Department of Public Safety for the Drug Offender Education Program.
The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51; Texas Government Code, Chapter 171; Texas Alcoholic Beverage Code §106.115; Texas Transportation Code, §§521.371 - 521.377; Texas Code of Criminal Procedure, Articles 42A.403, 42A.404, 42A.406, 42A.407, 42A.514, and 45.051; and Texas Family Code §53.03 and §54.047. No other statutes, articles, or codes are affected by the adopted rules.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 12, 2022.
TRD-202203011
Brad Bowman
General Counsel
Texas Department of Licensing and Regulation
Effective date: September 1, 2022
Proposal publication date: June 10, 2022
For further information, please call: (512) 475-4879
STATUTORY AUTHORITY
The adopted repeals are adopted under Texas Occupations Code, Chapter 51 and Texas Government Code, Chapter 171, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department. The adopted repeals are also adopted under Texas Transportation Code, Chapter 521, §521.375, regarding the joint adoption of rules with the Department of Public Safety for the Drug Offender Education Program.
The statutory provisions affected by the adopted repeals are those set forth in Texas Occupations Code, Chapter 51; Texas Government Code, Chapter 171; Texas Alcoholic Beverage Code §106.115; Texas Transportation Code, §§521.371 - 521.377; Texas Code of Criminal Procedure, Articles 42A.403, 42A.404, 42A.406, 42A.407, 42A.514, and 45.051; and Texas Family Code §53.03 and §54.047. No other statutes, articles, or codes are affected by the adopted repeals.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 12, 2022.
TRD-202203021
Brad Bowman
General Counsel
Texas Department of Licensing and Regulation
Effective date: September 1, 2022
Proposal publication date: June 10, 2022
For further information, please call: (512) 475-4879
STATUTORY AUTHORITY
The adopted repeal is adopted under Texas Occupations Code, Chapter 51 and Texas Government Code, Chapter 171, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department. The adopted repeal is also adopted under Texas Transportation Code, Chapter 521, §521.375, regarding the joint adoption of rules with the Department of Public Safety for the Drug Offender Education Program.
The statutory provisions affected by the adopted repeal are those set forth in Texas Occupations Code, Chapter 51; Texas Government Code, Chapter 171; Texas Alcoholic Beverage Code §106.115; Texas Transportation Code, §§521.371 - 521.377; Texas Code of Criminal Procedure, Articles 42A.403, 42A.404, 42A.406, 42A.407, 42A.514, and 45.051; and Texas Family Code §53.03 and §54.047. No other statutes, articles, or codes are affected by the adopted repeal.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 12, 2022.
TRD-202203022
Brad Bowman
General Counsel
Texas Department of Licensing and Regulation
Effective date: September 1, 2022
Proposal publication date: June 10, 2022
For further information, please call: (512) 475-4879
STATUTORY AUTHORITY
The adopted rules are adopted under Texas Occupations Code, Chapter 51 and Texas Government Code, Chapter 171, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department. The adopted rules are also adopted under Texas Transportation Code, Chapter 521, §521.375, regarding the joint adoption of rules with the Department of Public Safety for the Drug Offender Education Program.
The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51; Texas Government Code, Chapter 171; Texas Alcoholic Beverage Code §106.115; Texas Transportation Code, §§521.371 - 521.377; Texas Code of Criminal Procedure, Articles 42A.403, 42A.404, 42A.406, 42A.407, 42A.514, and 45.051; and Texas Family Code §53.03 and §54.047. No other statutes, articles, or codes are affected by the adopted rules.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 12, 2022.
TRD-202203012
Brad Bowman
General Counsel
Texas Department of Licensing and Regulation
Effective date: September 1, 2022
Proposal publication date: June 10, 2022
For further information, please call: (512) 475-4879
STATUTORY AUTHORITY
The adopted rules are adopted under Texas Occupations Code, Chapter 51 and Texas Government Code, Chapter 171, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department. The adopted rules are also adopted under Texas Transportation Code, Chapter 521, §521.375, regarding the joint adoption of rules with the Department of Public Safety for the Drug Offender Education Program.
The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51; Texas Government Code, Chapter 171; Texas Alcoholic Beverage Code §106.115; Texas Transportation Code, §§521.371 - 521.377; Texas Code of Criminal Procedure, Articles 42A.403, 42A.404, 42A.406, 42A.407, 42A.514, and 45.051; and Texas Family Code §53.03 and §54.047. No other statutes, articles, or codes are affected by the adopted rules.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 12, 2022.
TRD-202203013
Brad Bowman
General Counsel
Texas Department of Licensing and Regulation
Effective date: September 1, 2022
Proposal publication date: June 10, 2022
For further information, please call: (512) 475-4879
STATUTORY AUTHORITY
The adopted rules are adopted under Texas Occupations Code, Chapter 51 and Texas Government Code, Chapter 171, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department. The adopted rules are also adopted under Texas Transportation Code, Chapter 521, §521.375, regarding the joint adoption of rules with the Department of Public Safety for the Drug Offender Education Program.
The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51; Texas Government Code, Chapter 171; Texas Alcoholic Beverage Code §106.115; Texas Transportation Code, §§521.371 - 521.377; Texas Code of Criminal Procedure, Articles 42A.403, 42A.404, 42A.406, 42A.407, 42A.514, and 45.051; and Texas Family Code §53.03 and §54.047. No other statutes, articles, or codes are affected by the adopted rules.
§90.91.Complaints; Investigations.
(a) Upon verbal or written request from the department, a program provider, instructor, or any person associated with the program, must cooperate with the department and furnish requested information concerning any department investigation of a complaint.
(b) If the department is investigating a complaint, the program provider or instructor must make available or provide to the department upon request at any reasonable time, any of its documents or records, unless otherwise prohibited by law.
§90.92.Administrative Penalties and Sanctions.
If a person or entity violates any provision of Texas Occupations Code Chapter 51, Texas Government Code, Chapter 171, the statutory provisions identified in §90.1, this chapter, any rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 12, 2022.
TRD-202203014
Brad Bowman
General Counsel
Texas Department of Licensing and Regulation
Effective date: September 1, 2022
Proposal publication date: June 10, 2022
For further information, please call: (512) 475-4879
CHAPTER 401. ADMINISTRATION OF STATE LOTTERY ACT
SUBCHAPTER D. LOTTERY GAME RULES
The Texas Lottery Commission (Commission) adopts amendments to 16 TAC §401.317 ("Powerball" Draw Game Rule) without changes to the proposed text as published in the June 24, 2022 issue of the Texas Register (47 TexReg 3616) and will not be republished.
The amendments to §401.317 align the rule with recently amended Multi-State Lottery Association (MUSL) Powerball game rules. MUSL Powerball game rules were amended on January 6, 2022 to address changes related to the funding of Powerball Guaranteed Grand Prizes.
The Commission received no written comments on the proposed amendments during the public comment period.
These amendments are adopted under Texas Government Code §466.015(c), which authorizes the Commission to adopt rules governing the operation of the lottery, and §467.102, which authorizes the Commission to adopt rules for the enforcement and administration of the laws under the Commission's jurisdiction.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 15, 2022.
TRD-202203037
Bob Biard
General Counsel
Texas Lottery Commission
Effective date: September 4, 2022
Proposal publication date: June 24, 2022
For further information, please call: (512) 344-5324