Texas Register, Volume 42, Number 43, Pages 5913-6056, October 27, 2017 Page: 5,997
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37 TAC 15.172
The Texas Department of Public Safety (the department)
proposes amendments to 15.172, concerning Issuance by
Counties and Municipalities. These amendments add munic-
ipalities as authorized entities to issue certain renewal and
duplicate driver licenses and identification cards according to
House Bill 3050 enacted by the 85th Texas Legislature.
Suzy Whittenton, Chief Financial Officer, has determined that for
each year of the first five-year period the rule is in effect there will
be no fiscal implications for state or local government, or local
economies.
Ms. Whittenton has also determined the proposal only imposes
incidental changes to existing requirements for small busi-
nesses, micro-businesses or rural communities that would not
result in any additional cost to small or micro-business or a rural
community affected by this proposal. There is no anticipated
negative impact on local employment.
In addition, Ms. Whittenton has also determined that for each
year of the first five-year period the rule is in effect, the public
benefit anticipated as a result of enforcing the rule will be in-
creased transparency and better understanding of the examina-
tion requirements for licensed nonresidents.
The department has determined this proposal is not a "major
environmental rule" as defined by Texas Government Code,
2001.0225. "Major environmental rule" is defined to mean a
rule that the specific intent of which is to protect the environment
or reduce risk to human health from environmental exposure
and that may adversely affect, in a material way, the economy,
a sector of the economy, productivity, competition, jobs, the
environment or the public health and safety of a state or a
sector of the state. This proposal is not specifically intended to
protect the environment or reduce risks to human health from
environmental exposure.
The department has determined that Chapter 2007 of the Texas
Government Code does not apply to this proposal. Accordingly,
the department is not required to complete a takings impact as-
sessment regarding this proposal.
Comments on this proposal may be submitted to Janie
Sawatsky, Driver License Division, Texas Department of
Public Safety, P.O. Box 4087 (MSC 0300), Austin, Texas78773; by fax to (512) 424-5233; or by email to DLDrulecom-
ments@dps.texas.gov. Comments must be received no later
than thirty (30) days from the date of publication of this proposal.
This rule is proposed pursuant to Texas Government Code,
411.004(3), which authorizes the Public Safety Commission
to adopt rules considered necessary for carrying out the de-
partment's work, and Texas Transportation Code, 521.005,
which authorizes the department to adopt rules necessary to
administer Chapter 521 of the Texas Transportation Code.
Texas Government Code, 411.004(3) and Texas Transportation
Code, 521.009 are affected by this proposal.
15.172. Issuance by Counties and Municipalities.
A county or municipality may enter into a Memorandum of Under-
standing with the department for the program to issue certain renewal
and duplicate driver licenses, personal identification certificates, and
election identification certificates if it:
(1) has [coim y] employees who have successfully passed
the department's background check;
(2) has countyy] employees who have successfully com-
pleted the department prescribed training set out in the Memorandum
of Understanding; and
(3) conforms to the operating requirements and standards
of the Memorandum of Understanding between the department and the
county or municipality.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on October 13,
2017.
TRD-201704104
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: November 26, 2017
For further information, please call: (512) 424-5848PROPOSED RULES October 27, 2017 42 TexReg 5997
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Texas. Secretary of State. Texas Register, Volume 42, Number 43, Pages 5913-6056, October 27, 2017, periodical, October 27, 2017; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth897027/m1/85/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.