MINUTES PUBLIC SAFETY COMMISSION September 24, 2003 Austin, Texas

Transcription

MINUTES
PUBLIC SAFETY COMMISSION
September 24, 2003
Austin, Texas
The Public Safety Commission met in Austin, Texas on September 24, 2003. Attending the meeting
were Chairman Colleen McHugh and Commissioners Robert Holt and James B. Francis, Jr.
DPS Staff members present:
Tommy Davis, Director
David McEathron, Assistant Director
Tom Haas, Accounting & Budget Control
Randy Elliston, Bob Burroughs & Mark Rogers, Traffic Law Enforcement
C. J. Havrda, Rangers
Marshall Caskey & Kent Mawyer, Criminal Law Enforcement
Burton Christian, Administration
Judy Brown, Frank Elder, Rhonda Fleming, Greg Gloria & Angela Parker, Driver License
Farrell Walker & Jude Schexnyder, Audit & Inspection
Mary Ann Courter & Phillip Adkins, General Counsel
Mary Lauderdale, Information Management Service
Tela Mange, Public Information
David Outon, Internal Affairs
Jack Reichert, Aircraft
Andy Mokry & Tavia Wendlandt, Building Program
Michael Kelley, Legislative Liaison
Dorothy Wright, Secretary
Guests present:
Colby Bueck, Lieutenant Governor’s Office
Lucius Lomax
The meeting was called to order by Chairman McHugh. Proper notice had been posted.
I.
Minutes. Upon motion by Commissioner Francis and seconded by Commissioner Holt, the
minutes of the August 25, 2003 meeting were approved.
II.
Public comment. Lucius Lomax addressed the Commission reference tape recording
discharge appeal hearings held before the Commission.
III.
Discharge appeal hearing of DPS employee Charles Domingue. Mary Ann Courter
advised the Commission appropriate notice had been given appellant Charles Domingue of
the hearing. Charles Domingue nor anyone on his behalf appeared for the hearing. Upon
motion by Commissioner Francis and seconded by Commissioner Holt, the Commission
unanimously affirmed the Director’s decision to discharge Charles Domingue.
IV.
Budget matters. Tom Haas gave the budget report. There was some discussion on the
budget reduction due to the retirement incentive and a possible rider exempting commissioned
officers’ salaries from the reduction.
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Commission Meeting
- September 24, 2003
V.
Audit & Inspection Report. Farrell Walker gave the Audit & Inspection report.
A. Revised Internal Audit Charter. Farrell Walker briefed the Commission on the proposed
revised charter. Upon motion by Commissioner Holt and seconded by Commissioner
Francis, the attached Internal Audit Charter was unanimously approved.
B. FY2004 Internal Audit Plan. Farrell Walker briefed the Commission on the proposed
audit plan. Upon motion by Commissioner Francis and seconded by Commissioner Holt,
the attached FY2004 Internal Audit Plan was unanimously approved.
VI.
Division reports. Burt Christian gave the Administration Division report. There was some
discussion on relocation of the Commission on Private Securities to DPS, the federal NCHIP
grant that had previously been awarded to the Criminal Justice Policy Council and was now
awarded to DPS, 32 additional federally funded positions for disaster relief and upcoming
recruit schools. Randy Elliston gave the Texas Highway Patrol Division report. There was
some discussion on EPIC awards recently presented to DPS and some troopers for
outstanding drug seizure efforts, dive team activities, the accident reconstruction team and
DPS’ policy regarding a new law reference obscured license plates. The Driver License
Division report was given by Judy Brown. There was some discussion on the field compliance
unit pilot project, CRIS contract award, Social Security on-line verification program, automated
mailing system, Texas Online DPS Intercept Survey results and the increase in on-line mail
renewal and duplicate requests. Marshall Caskey gave the Criminal Law Enforcement
Division report. There was some discussion on the use of DNA samples to identify missing
persons, narcotics smuggling in various bus compartments, CODIS and DNA forensic case
backlogs. The Ranger report was given by C. J. Havrda. Mary Lauderdale gave the
Information Management Service report. Bob Burroughs gave an update on joint efforts
between DPS and the Texas Commission on Environmental Quality (TCEQ) for
implementation of the State's vehicle emissions inspection/maintenance program. Mark
Rogers updated the Commission on the border safety inspection stations.
VII.
For publication for public comment.
A. Proposed amendments to Rule 15.58, 37 TAC Sec. 15.58, relating to Medical
Advisory Board referrals as to driver license applicants. Angie Parker briefed the
Commission on the proposed amendments. Upon motion by Commissioner Francis and
seconded by Commissioner Holt, the attached amendments were unanimously approved
for publication for public comment.
VIII.
For adoption.
A. Proposed amendment to Rule 1.101, 37 TAC Sec. 1.101, relating to Bomb Threats,
as published in 28 TexReg 5496, July 11, 2003. Mary Ann Courter briefed the
Commission on the proposed amendment. Upon motion by Commissioner Holt and
seconded by Commissioner Francis, the attached amendment with a typographical error
corrected was unanimously approved for final adoption.
B. Proposed repeal of Rules 32.2-32.8, 37 TAC Secs. 32.2-32.8, relating to Bicycle
Safety, as published in 28 TexReg 5499, July 11, 2003
C. Proposed amendments to Rule 32.1, 37 TAC Sec. 32.1; Proposed new Rules 32.2 &
32.3, 37 TAC Secs. 32.2 & 32.3, relating to Bicycles – Use and Safety, as published
in 28 TexReg 5497, July 11, 2003.
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Commission Meeting
- September 24, 2003
Mary Ann Courter briefed the Commission on the above proposed repeal, amendments
and new rules. Upon motion by Commissioner Francis and seconded by Commissioner
Holt, the attached repeal, amendments and new rules were unanimously approved for
final adoption.
IX.
Approval of Resolution on DPS use of Master Lease Purchase Program funds
administered by the Texas Public Finance Authority. Mary Lauderdale briefed the
Commission on the proposed resolution for use of funds for the final stage of reengineering
projects for IMS. She advised this resolution is a substitute for the one previously approved
by the Commission as it meets the technical requirements of the Bond Review Board. Upon
motion by Commissioner Francis and seconded by Commissioner Holt, the attached
Resolution was unanimously approved.
X.
Personnel matters; pending and contemplated litigation; ongoing criminal
investigations; status of purchase of real property. The Commission went into Executive
Session pursuant to Tex. Gov. Code Secs. 551.071, 551.074, 551.072 & 411.0041 to discuss
personnel matters including the Director’s intent to discharge probationary employees Annie
Woods and Gregory Downey, Special Ranger and Special Texas Ranger commissions,
pending and contemplated litigation, status of purchase of real property, and ongoing criminal
investigations. Upon reconvening Regular Session, Commissioner McHugh announced that
the Commission had discussed personnel matters, pending and contemplated litigation and
ongoing criminal investigations. Upon motion by Commissioner Francis and seconded by
Commissioner Holt, the Commission unanimously consented to the Director’s intent to
discharge probationary employees Annie Woods and Gregory Downey. Special Ranger
commissions had been considered for DPS retirees Gary D. Briley, Grady M. Dunn, Robert W.
Duvall, Frank Escalon, Jr., Bobby J. Harpole, Kendall G. Johnson, Frank R. Langley, Jr.,
William D. Lord, Reginald T. Rhea and Michael T. Wiggins and Special Texas Ranger
commissions had been considered for DPS retirees Gary S. Henderson and Fermin T. Islas,
Jr. Upon motion by Commissioner Holt and seconded by Commissioner Francis, Special
Ranger and Special Texas Ranger commissions were respectively approved for the above
named individuals.
A motion was made by Commissioner Francis and seconded by Commissioner Holt adjourning the
meeting.
Read and approved this _________ day of ___________________, 2003.
______________________________
Chairman
______________________________
Member
______________________________
Member
For issue of:
PI
Working
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Proposed Rulemaking Action
Name of Agency: Texas Department of Public Safety
Agency Code: 201
Title: 37
Part: I
Chapter: 15. Driver License Rules
Subchapter: C. Examination Requirements
Division:
TAC Section Number(s): Section 15.58
New
X
Amendment ____Repeal ____Adoption by Reference
Proposed Date of Adoption:
X 30 Days after Publication ____Other (Specify): __________________
File Name: 0827d.201
Means of transmitting: ____Diskette ____Internet
Graphics Included? ____Yes
X E-Mail
X No
Graphics File Name:
Means of transmitting: ____Diskette ____Internet ___E-Mail
Verification/Certification
I verify that I have reviewed the submitted document and that it conforms to all applicable Texas Register filing
requirements. The submitted document has been reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Agency Liaison: Mary Ann Courter or Patricia Holmes
Certifying Official: Thomas A. Davis, Jr.
Title: Director
Signature:
Date of Verification:
E-Mail Address: [email protected]
Phone Number: (512) 424-2135
Fax Number: (512) 424-2251
The Texas Department of Public Safety proposes amendments to Section 15.58 concerning
Medical Advisory Board Referrals. The revised referral criteria result from the department’s
recent review of all policies, procedures and forms utilized in processing driver license
applicants with medical and/or physical conditions that may adversely affect their ability to
safely operate a motor vehicle. Department procedures were systematically evaluated to
eliminate unnecessary actions and to increase the opportunity to more effectively evaluate driver
ability. The proposed amendments are designed to enhance the department’s ability to identify
and assess potential driver limitations. Furthermore, the proposed amendments ensure
consistency with current Medical Advisory Board Guidelines.
Tom Haas, Chief of Finance, 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.
Mr. Haas also has 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 enhanced safety on public
highways due to the department’s improved ability to effectively evaluate driver ability. There is
no anticipated adverse economic effect on individuals, small businesses or micro-businesses.
Comments on the proposal may be submitted to Angela Parker, Director of Legal Staff, Driver
License Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 787730380, (512) 424-5235.
The amendment is proposed pursuant to Texas Government Code Section 411.004(3), which
authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the
department’s work and Texas Transportation Code, Chapter 521, which provides that the
department may adopt rules to administer that chapter.
Section 15.58. Medical Advisory Board Referrals.
Persons applying for or holding a Texas driver[drivers] license and having a physical or mental
condition, the extent of which cannot be determined by the department, are referred to the
Medical Advisory Board for further evaluation.
(1) The criteria [Guidelines] for referral for physical conditions are as follows:[.]
(A) Eye disorders[diseases]:
(i) eye diseases: all applicants under the care of a physician, excluding the fitting of lenses
when no disease is present;
(ii) telescopic lenses: all applicants requiring the use of telescopic lenses to pass the vision test
must successfully complete a comprehensive road test before licensure and will only be
referred the first time the applicant presents using telescopic lenses.
(B) Cardiovascular diseases:
(i) heart attack:[diseases;]
(I) if applicant for Class A,[ or] Class B, or any CDL license has had a heart attack within the
past two[three] years;
(II) if applicant for a non-CDL Class C or Class M license has had a heart attack during the past
year.[ or is under the care of a physician;]
(ii) angina pectoris, arrhythmia, arterial aneurysms, coronary bypass surgery, dyspnea,
myocardial infarction: all applicants under the care of a physician.[cerebral vascular
diseases--strokes, cerebral hemorrhage, or clots;]
[(I) if applicant for Class A or Class B license has had an episode of loss of consciousness with
or without convulsions within the past three years, has blacked out for any reason within the past
three years, or is under the care of a physician;]
[(II) if applicant for Class C license has had a single episode, or recurrent episodes, of loss of
consciousness with or without convulsions in the past year, has blacked out for any reason in the
past year, or is under the care of a physician;]
(iii) hypertension:[--high blood pressure. All applicants, if under the care of a physician;]
(I) if applicant for a Class A, Class B, or any CDL has had any loss of consciousness or any
alteration of consciousness within the past two years;
(II) if applicant for a non-CDL Class C or Class M has had any loss of consciousness or any
alteration of consciousness within the past year.
(iv) blood vessel disorders: all[ (aneurism-abnormal dilation of the blood vessels). All]
applicants, if under the care of a physician and a qualifying road test has confirmed considerable
interference with braking, steering, manipulation of controls or acceleration.
(v) syncope: all applicants with any loss of consciousness or any alteration of consciousness
due to cardiovascular problems within the past year.
(C) Metabolic disorders:
(i)[(C)] Diabetes mellitus:
(I) all applicants under the care of a physician or with hyperglycemia or hypoglycemia
severe enough to cause neurological dysfunction (confusion, motor dysfunction or loss of
consciousness) or result in any type or degree of vehicle accident within the past two
years;[(i) if applicant for Class A or Class B license is taking insulin injections, has blacked out
or lost consciousness within the past three years, or is under the care of a physician;]
(II) if applicant for any cargo or property transport vehicles included in Class A, B, or C
and is currently taking insulin.
(ii) chronic renal failure: if applicant for any cargo or property transport vehicles included
in Class A, B, or [Class ]C and uremia must be controlled by regular dialysis[license has had
an insulin or hypoglycemic reaction (insulin shock) in the past year, has blacked out or lost
consciousness in the past year, or is under the care of a physician].
(D) Respiratory conditions: all[(advanced emphysema or corpulmonale-heart disease which is
secondary to the disease of the lungs). All] applicants, if under the care of a physician and a
qualifying road test has confirmed that shortness of breath or audible wheezing considerably
affects safe driving ability.
(E) [Impairments of upper or lower extremities, or both (partial or complete paralysis; loss of any
of the extremities-hand, arm, foot, leg; stiffness of joints from arthritis or other conditions). All
applicants under the care of a physician, and a qualifying road test has confirmed that the
impairment considerably affects safe driving ability.]
[(F) ]Neurological disorders:[. All applicants who have had an epileptic seizure within the past
three years or are under the care of a physician for any other seizure, dizzy spell, or similar
disorder.]
(i) transient cerebral ischemic attack, stroke, narcolepsy, excess daytime sleeping or sleep
apnea: all applicants under the care of a physician.
(ii) cerebral vascular accident (stroke): all applicants with any degree of persistent
neurological deficit (applicant must take and pass a qualifying road test prior to referral)
or if applicant has lost consciousness, “blacked out” or fainted within the past year.
(iii) convulsive disorders:
(I) if applicant for a cargo transport, passenger transport or emergency vehicle in Classes
A, B or C and has history of recurrent seizures (those requiring medication therapy or has
had any seizure activity within the past ten years if the applicant is not taking medication),
epileptic or convulsive attacks;
(II) if applicant for a private vehicle in Class C or M and has had seizures or epileptic or
convulsive attacks within the past year;
(iv) movement disorders (conditions including but not limited to Parkinsonism, Torticollis,
myoclonus and choreoathetosis): all applicants if disorder is active and progressive (the
applicant must also take and pass a qualifying road test prior to referral).
[(G) Musculoskeletal disorders. All applicants unless previously licensed after successful
completion of a road test and:]
[(i) appropriate restrictions have been applied to the license, if necessary; and]
[(ii) the applicant's condition has not deteriorated since the last road test as determined by
observation, questioning, and license restrictions.]
(2) The criteria [Guidelines] for referral for psychiatric[mental or emotional] disorders are as
follows:
(A) Mental, nervous or emotional patients. All applicants, as follows:
(i) involuntary psychiatric[mental] patient committed for indefinite hospitalization (applicant
must pass all required tests prior to referral and must present a court restoration to
competency or a certificate of discharge);
(ii) involuntary psychiatric[mental] patient with a guardian appointed (applicant must pass all
required tests prior to referral and must present a court restoration to competency. A
certificate of discharge is not acceptable);
(iii) all other psychiatric[mental] patients if under the care of a physician or if any significant
behavioral problems or adverse drug therapy reactions exist (applicant must pass all
required tests prior to referral)[treated for mental, nervous, or emotional conditions within the
past three years].
(B) Alcohol-induced problems: [Alcoholism.] All applicants, as follows:
(i) three or more convictions for offenses involving drinking, the last offense occurring within
past two years;
(ii) involvement in two or more accidents while drinking, the last incident occurring within past
two years;
(iii) a reliable report that applicant has had an active drinking problem within the past two years;
(iv) admits to an active drinking problem within the past two years;
(v) under the care of a physician (exception: if there is no documented history of any
episodes of alcohol abuse and applicant voluntarily enrolled in and successfully completed
a recognized rehabilitation program, the applicant will not be referred).
(C) Drug-induced problems: [Drug abuse.] All applicants, as follows:
(i) addiction to any drug affecting safe driving ability;
(ii) a reliable report that applicant has had an active drug problem in the past two years;
(iii) admits to an active drug problem in the past two years;
(iv) under the care of a physician.
[(D) Multiple impairments, which in combination affect safe driving ability although a single
impairment might not. All applicants, if under the care of a physician and a qualifying road test
has confirmed considerable interference with safe driving ability.]
(3) The criteria [Guidelines] for referral for other conditions or disorders are as follows [for
other serious mental or physical condition]: All applicants, if under the care of a physician, and
a qualifying road test has confirmed that safe driving ability is considerably affected by the
condition. Examples of conditions that will be evaluated by testing rather than by referral
include but are not limited to: amputation, back pain, cerebral palsy, congenital birth
defects, fibromyalgia, hemiplegia, multiple sclerosis, osteoporosis, post polio disabilities,
scoliosis, spina bifida, spinal cord injuries, spinal meningitis, Tourette’s syndrome and/or
traumatic brain injuries.
(4) Terms defined.
(A) Under the care of a physician--having been referred to for treatment or having received
treatment from a physician for the medical condition or conditions indicated in the past 12
months without a release from further treatment. This does not apply to a condition(s) diagnosed
over 12 months ago and treatment consisting of only periodic visits to a physician for check up
and maintenance.
(B) Active drinking problem--use of alcoholic beverages to the extent of interfering with driving,
working, social, or family responsibilities as confirmed by any one of the following occurring in
the past six months:
(i) an arrest involving alcohol;
(ii) a reliable family report of excessive use of alcohol;
(iii) a contact with a social agency because of the use of alcohol;
(iv) demonstrated psychological dependence on alcohol.
(C) Active drug problem--use of drugs to the extent of interfering with driving, working, social,
or family responsibilities as confirmed by any one of the following occurring in the past six
months:
(i) an arrest involving drugs;
(ii) a reliable family report of use of drugs;
(iii) a contact with social agencies because of use of drugs;
(iv) demonstrated psychological dependence on drugs.
(5) Guidelines for referral of alcohol or drug dependency. An applicant whose presents a written
statement from the attending physician, hospital administrator, or treatment center administrator
verifying successful completion of a voluntary[an] alcohol[ or drug] treatment program (except
the DWI Education Program required under the Code of Criminal Procedure, Article 42.12,
Section 6f) dated subsequent to the last known report or episode shall not be referred to the
Medical Advisory Board if there is no documented history of any episodes of alcohol abuse.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to
be within the agency’s legal authority to adopt.
Issued in Austin, Texas on
.
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
TEXAS DEPARTMENT OF PUBLIC SAFETY
ORDER ADOPTING A RULE
On September 24, 2003, the Public Safety Commission (Commission) by majority vote approved rules
concerning:
Organization and Administration
Title 37 T.A.C. Part I, Chapter 1
Subchapter G
Section Number 1.101
The Texas Department of Public Safety adopts an amendment to Section 1.101, concerning Bomb
Threats, with a slight grammatical change to the proposed text as published in the July 11, 2003, issue of
the Texas Register (28 TexReg 5496). The change to subsection (b) is necessary to correct the spelling
of “ordinance” to “ordnance.”
Amendment to Section 1.101 is necessary in order to add explosive ordnance disposal units from local
law enforcement agencies to the list of agencies the department will contact in those instances where a
discovered bomb must be removed.
No comments were received regarding adoption of the amendment.
The amendment is adopted pursuant to Texas Government Code, Section 411.004(3), which authorizes
the Public Safety Commission to adopt rules considered necessary for carrying out the department’s
work.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid
exercise of the agency’s legal authority.
The effective date of the rules is 20 days after the rules are filed with the Texas Register Division, Office
of the Secretary of State.
This order constitutes the order of the Commission required by the Administrative Procedures Act,
Government Code, Section 2001.033.
_________________________
Colleen McHugh, Chairman
Public Safety Commission
For issue of:
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Adopted Rulemaking Action
Agency Code: 201
Title: 37
Part: 1
Chapter: 1. Organization and Administration
Subchapter: G. Bomb Threats
Division:
TAC Section Number(s): Section 1.101
Proposed Action TRD Number: 200303963
New
X
Amendment
Repeal
____With Changes
X
Effective Date:
20 Days after Filing
X
Proposed Action Issue Date: July 11, 2003
Adoption by Reference
Without Changes _____Federal Mandate
Other (Specify): __________________
File Name: 0827c.201
Graphics Included?
Yes
X
X E-Mail
No
Graphics File Name:
Means of transmitting: ____Diskette
Internet
E-Mail
Title: Director
Signature:
Phone Number: (512) 424-2135 (Pat)
Fax Number: (512) 424-2251
The Texas Department of Public Safety adopts an amendment to Section 1.101, concerning
Bomb Threats, with a slight grammatical change to the proposed text as published in the July 11,
2003, issue of the Texas Register (28 TexReg 5496). The change to subsection (b) is necessary
to correct the spelling of “ordinance” to “ordnance.”
Amendment to Section 1.101 is necessary in order to add explosive ordnance disposal units from
local law enforcement agencies to the list of agencies the department will contact in those
instances where a discovered bomb must be removed.
No comments were received regarding adoption of the amendment.
The amendment is adopted pursuant to Texas Government Code, Section 411.004(3), which
department’s work.
Section 1.101. Response to Bomb Threats.
(a) The primary responsibility for police action designed to search for a reported bomb at any
location, other than premises occupied by the Department of Public Safety[department of
public safety], lies with the principal local law enforcement agency in whose jurisdiction the
reported bomb threat is located. We will assist these agencies as requested and within the limits
of our capabilities.
(b) The department will not train and equip bomb disposal squads. As a matter of policy, we will
depend on the explosive ordnance[ordinance] disposal service available from military
installations or local law enforcement agencies, to remove a discovered bomb in those
instances where we must accept the responsibility for its removal.
(c) The department will assume primary responsibility for necessary evacuation and search of
any premises occupied by the department and in which a bomb has been reported.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to
be a valid exercise of the agency’s legal authority.
.
Director
concerning:
Bicycle Safety and Education Program
Section Numbers 32.2 – 32.8
The Texas Department of Public Safety adopts the repeal of Sections 32.2-32.8, concerning Bicycle Safety,
without changes to the proposed text as published in the July 11, 2003, issue of the Texas Register (28
TexReg 5499).
Repeal of the sections is necessary due to the reorganization of Chapter 32 to incorporate new rules on the
use of electric bicycles and an update on the existing bicycle safety education program curriculum and
course provider requirements. Information which was previously included in Sections 32.2-32.8 is now
included in new Section 32.3 which is being adopted simultaneously.
No comments were received regarding adoption of the repeals.
The repeals are adopted pursuant to Texas Government Code, Section 411.004(3), which authorizes the
Public Safety Commission to adopt rules considered necessary for carrying out the department’s work; and
Health and Safety Code, Section 758.002(a), which authorizes the department to adopt rules to implement
the statewide bicycle safety education program.
The effective date of the rules is 20 days after the rules are filed with the Texas Register Division, Office of
the Secretary of State.
_________________________
For issue of:
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Working
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Agency Code: 201
Title: 37
Part: 1
Chapter: 32. Bicycle Safety and Education Program
Subchapter:
Division:
TAC Section Number(s): Sections 32.2-32.8
New
Amendment
____With Changes
Effective Date:
X
X
X
Repeal
Adoption by Reference
20 Days after Filing ____Other (Specify): __________________
File Name: 0827a.201
Graphics Included?
Yes
X
X
E-Mail
No
Graphics File Name:
Title: Director
Signature:
Fax Number: (512) 424-2251
The Texas Department of Public Safety adopts the repeal of Sections 32.2-32.8, concerning
Bicycle Safety, without changes to the proposed text as published in the July 11, 2003, issue of
the Texas Register (28 TexReg 5499).
Repeal of the sections is necessary due to the reorganization of Chapter 32 to incorporate new
rules on the use of electric bicycles and an update on the existing bicycle safety education
program curriculum and course provider requirements. Information which was previously
included in Sections 32.2-32.8 is now included in new Section 32.3 which is being adopted
simultaneously.
No comments were received regarding adoption of the repeals.
The repeals are adopted pursuant to Texas Government Code, Section 411.004(3), which
department’s work; and Health and Safety Code, Section 758.002(a), which authorizes the
department to adopt rules to implement the statewide bicycle safety education program.
[Section 32.2. Bicycle Safety Curriculum.]
[Section 32.3. Bicycle Safety Course Provider.]
[Section 32.4. Bicycle Safety Instructor.]
[Section 32.5. Notice and Hearing Requirements.]
[Section 32.6. Suspension.]
[Section 32.7. Quality Assurance Visits.]
[Section 32.8. Notification of Legal Actions.]
.
Director
concerning:
Bicycle Safety and Education Program
Section Numbers 32.1 – 32.3
The Texas Department of Public Safety adopts amendments to Section 32.1, and new Sections 32.2 and 32.3,
concerning Bicycle Safety and Education Program, without changes to the proposed text as published in the
July 11, 2003, issue of the Texas Register (28 TexReg 5497).
Amendments to the section are necessary in order to change the title of the chapter from Bicycle Safety and
Education Program to Bicycles – Use and Safety and to include the definition of “electric bicycles” in
Section 32.1. The title change, amendment to Section 32.1, and new Section 32.2 are necessary in order to
include information relating to the use of electric bicycles as required by Tex. HB 2204, 77th Leg., R.S.
(2001).
New Section 32.3 is adopted simultaneously with the repeal of current Sections 32.2-32-8 and outlines
qualifications for an applicant to be licensed as a course provider; specifies administrative control of
instructors by licensed providers; specifies required curriculum and materials necessary to provide a course;
explains license suspension; explains procedures by which provider sites may be evaluated; and notes
requirements of providers to make notification of legal action.
No comments were received regarding adoption of the amendments and new sections.
The amendments and new sections are adopted pursuant to Texas Government Code, Section 411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the
department’s work; Health and Safety Code, Section 758.002(a), which authorizes the department to adopt
rules to implement the statewide bicycle safety education program; and Texas Transportation Code, Section
551.106.
The effective date of the rules is 20 days after the rules are filed with the Texas Register Division, Office of
the Secretary of State.
_________________________
For issue of:
PI
Working
ACK
Agency Code: 201
Title: 37
Part: 1
Chapter: 32. Bicycle Safety and Education Program
Subchapter:
Division:
TAC Section Number(s): Sections 32.1-32.3
X
New
X
Amendment
Repeal ____Adoption by Reference
____With Changes
X
Effective Date:
20 Days after Filing ____Other (Specify): __________________
X
File Name: 0827b.201
Graphics Included? ____Yes
X
X
E-Mail
No
Graphics File Name:
Title: Director
Signature:
Fax Number: (512) 424-2251
The Texas Department of Public Safety adopts amendments to Section 32.1, and new Sections
32.2 and 32.3, concerning Bicycle Safety and Education Program, without changes to the
proposed text as published in the July 11, 2003, issue of the Texas Register (28 TexReg 5497).
Amendments to the section are necessary in order to change the title of the chapter from Bicycle
Safety and Education Program to Bicycles – Use and Safety and to include the definition of
“electric bicycles” in Section 32.1. The title change, amendment to Section 32.1, and new
Section 32.2 are necessary in order to include information relating to the use of electric bicycles
as required by Tex. HB 2204, 77th Leg., R.S. (2001).
New Section 32.3 is adopted simultaneously with the repeal of current Sections 32.2-32-8 and
outlines qualifications for an applicant to be licensed as a course provider; specifies
administrative control of instructors by licensed providers; specifies required curriculum and
materials necessary to provide a course; explains license suspension; explains procedures by
which provider sites may be evaluated; and notes requirements of providers to make notification
of legal action.
No comments were received regarding adoption of the amendments and new sections.
The amendments and new sections are adopted pursuant to Texas Government Code, Section
411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department’s work; Health and Safety Code, Section 758.002(a), which
authorizes the department to adopt rules to implement the statewide bicycle safety education
program; and Texas Transportation Code, Section 551.106.
Chapter 32. Bicycles – Use and Safety[Bicycle Safety and Education Program]
Section 32.1. Definitions.
The following words and terms, when used in this chapter, shall have the following meanings,
unless the context clearly indicates otherwise.
(1) Bicycle--A human-powered vehicle with two wheels in tandem designed to transport by
pedaling action of a person seated on a saddle seat.
(2) Bicycle Safety Act--The Bicycle Safety Act is codified as Health and Safety Code, Chapter
758, Bicycle Safety (House Bill 1978, passed during the 73rd Legislative Session, 1993). The
Bicycle Safety Act requires the bicycle safety curriculum to address certain areas of knowledge
and skill. It allows the department to issue certificates of completion[ certificates], charge a fee
of not more than $15 for course tuition, and determine qualifications for instructors and
organizations wishing to provide this training.
(3) Bicycle Safety Coordinator--An employee of the Department of Public Safety assigned
responsibility for administering the Bicycle Safety Education Program.
(4) Bicycle Safety Education Program--A program established by the department to provide
bicycle safety education and training to persons between the ages of seven and ten years of age.
(5) Bicycle Safety Course Provider--An entity licensed by the department to provide bicycle
safety courses. In its role as a program provider, this entity is not an agent, servant, or employee
of the department or the state of Texas.
(6) Bicycle Safety Instructor--An individual trained by, and under the administrative control of a
bicycle safety course provider to teach bicycle safety courses in Texas. This individual, unless
directly employed by the department as a bicycle instructor, is not an agent, servant, or employee
of the department of the state of Texas.
(7) Department--The Texas Department of Public Safety. The department is the state agency
allowed by the Bicycle Safety Act to establish and administer a statewide bicycle safety and
education program.
(8) Electric Bicycles—A bicycle designed to be propelled by an electric motor, exclusively
or in combination with the application of human power, cannot attain a speed of more than
20 miles per hour without the application of human power, and does not exceed a weight of
100 pounds.
(9)[(8)] Operator--A person who travels by pedaling on a bicycle seated on a saddle seat.
32.2. Use of Electric Bicycles.
Pursuant to Section 551.106 of the Transportation Code, a local authority may prohibit the
use of an electric bicycle on a highway used primarily by pedestrians, such as a sidewalk or
a hike and bike trail.
32.3 Bicycle Safety and Education Program.
(a) Bicycle Safety Curriculum.
(1) The Bicycle Safety Act requires that the Bicycle Safety Education Program curriculum
include instruction concerning:
(A) the safe handling and use of bicycles;
(B) high risk traffic situations;
(C) bicycle and traffic handling skills;
(D) on-bike training;
(E) correct use of bicycle helmets;
(F) traffic laws and regulations; and,
(G) use of hike and bike trails.
(2) This curriculum developed by the department for teaching bicycle safety is known as
the SuperCyclist Bicycle Safety Course.
(3) This curriculum may be taught in phases, and each phase may be taught separately or
during the same day. A minimum of one phase shall be taught as a demonstration or
education component. Phases shall be taught according to the order stated in this section.
All three phases are required for the course to be certified as a SuperCyclist Bicycle Safety
Course. The phases are as follows:
(A) Phase I (Demonstration) – Traffic Law and Mr. Zamboni Video;
(B) Phase II (Education) – includes components from Phase I plus Supercyclist Lesson,
Cycle Jeopardy, and Who Else Wears Helmets;
(C) Phase III (Certification) – includes components from Phase I and II plus the Safety
Inspection and Skill Course component.
(4) The SuperCyclist Bicycle Safety Course is available for inspection at the department’s
Austin Headquarters, in the custody of the Training Bureau, Bicycle Safety Coordinator.
(5) Deviations, modifications, additions, and deletions from the SuperCyclist Bicycle Safety
Course by the Bicycle Safety Course Provider or instructor are not allowed without written
permission from the department.
(6) Non-curriculum materials developed to enhance public awareness and promotion of the
safety program may be distributed as appropriate.
(7) The instructor to student ratio for classroom instruction is dependent upon the size of
the classroom and the experience of the instructor teaching seven to ten year old children.
(8) The instructor to student ratio for the on-bike instruction is dependent upon the
number of instructors and their experience in teaching seven to ten year old children.
(9) Whenever riding during the course, all instructors and students should wear a bicycle
helmet:
(A) that meets Snell Memorial Foundation, American National Safety Institute (ANSI), or
Consumer Protection Service (CPS) standards; and
(B) has no visible damage.
(10) Bicycles used in a course must meet all safety requirements for operation on public
roadways; be owned by the student, the course provider or instructor, or accompanied by
written permission to use if owned by another person or entity; and be of the appropriate
size for the student in accordance with the recommendations of the department’s
curriculum.
(b) Bicycle Safety Course Provider.
(1) Only those entities licensed by the department may offer the SuperCyclist Bicycle
Safety Course to the public. To qualify for a license, a course provider must apply in
writing using the application form supplied by the department. The course provider must
agree to:
(A) register students, collect and account for student tuition, if applicable;
(B) promote the courses to attract students;
(C) provide insurance coverage for the bicycle safety course if required by facility
provider;
(D) submit all necessary training records to the department and maintain records in
accordance with the licensing agreements;
(E) enlist instructors to teach the SuperCyclist Bicycle Safety Course;
(F) train instructors to teach the SuperCyclist Bicycle Safety Course in accordance with
the requirements set out in subsection (a) of this section;
(G) schedule instructors to teach the SuperCyclist Bicycle Safety Course;
(H) monitor the content and quality of the course to assure compliance with the
requirements in subsection (a) of this section;
(I) provide access to a first aid kit whenever on-bike training is taking place; and
(J) accept full legal responsibility for the safe and proper conduct of the SuperCyclist
Bicycle Safety Course.
(2) All bicycle safety course providers must provide access to a classroom and on-bicycle
training area.
(A) a suitable classroom must meet the following requirements, which may be adjusted
appropriately for students or instructors that may require accommodations due to a
disability:
(i) be large enough to comfortably accommodate all students and instructors;
(ii) contain at least one adequate seating and writing surface (if applicable) for each
student;
(iii) contain appropriate support system (desk, table, or podium if applicable) for the
instructor;
(iv) have audiovisual presentation equipment appropriate to the curriculum, including a
chalkboard or equivalent; and
(v) not be in a private residence.
(B) a suitable on-bike training area must meet the following requirements:
(i) have a paved surface, including asphalt, concrete, or other all-weather surface of
suitable traction; and
(ii) be large enough to safely accommodate a bicycle safety training range layout approved
by the department, secure from vehicular and pedestrian traffic, and free of surface
hazards and obstacles.
(3) The application for a course provider’s license will be denied if:
(A) the applicant cannot provide sufficient information and documentation to enable the
department to evaluate the applicant’s request for license;
(B) the applicant knowingly presents or allows to be presented to the department any false
or misleading information relating to a request for license; or
(C) the applicant has been convicted or placed on probation for:
(i) any felony of this state or any other jurisdiction;
(ii) any offense involving moral turpitude with a child or any other minor; or
(iii) any offense involving tampering with a government record or driving while
intoxicated where the offense occurred within the previous five years.
(iv) the department may construe any probation or conviction which is for a criminal
offense arising from a penal provision from another state, federal, military, or foreign
jurisdiction to be its closest equivalent under the penal provisions of this state.
(4) A safety course provider’s license may be suspended if the provider, an instructor
under control of the provider, or a member of the provider’s organization directly involved
with duties involving the training program:
(A) fails to continue to meet the requirements of this section;
(B) has been convicted or placed on probation for:
(iii) any offense involving tampering with a governmental record or driving while
intoxicated where the offense occurred within the previous five years.
(C) knowingly or recklessly disregards or fails to comply with any departmental rule,
written policy, or written procedure regarding the bicycle safety and education program;
or
(D) knowingly allows an instructor to give, or a student to receive, classroom or riding
instruction if either the instructor or student exhibits any evidence of, or effects from
alcohol or drugs.
(5) The course provider’s license may be canceled if:
(A) it was based on false or incorrect information or mistake, such as clerical or other nonsubstantive errors by either party; or
(B) if the discrepancy causing a suspension under these administrative rules has not been
corrected within the time limit prescribed by a suspension.
(C) the course provider has been convicted or placed on probation for:
(iii) any offense involving tampering with a government record or driving while
intoxicated.
(c) Bicycle Safety Instructor.
(1) No individual may teach the SuperCyclist Bicycle Safety Program unless they are under
administrative control of a licensed bicycle safety course provider. Each provider may
establish their own instructor qualifications; however, the instructors must meet the
following minimum qualifications.
(A) instructors must agree to teach the SuperCyclist Bicycle Safety Course in accordance
with the department’s developed or approved curricula.
(B) instructors must be:
(i) trained by the provider in the proper conduct of the SuperCyclist Bicycle Safety
Course;
(ii) free from addiction to the use of alcoholic beverages or drugs; and
(iii) physically and mentally competent to conduct classroom and on-bike instruction,
including riding demonstrations.
(2) Approval as an instructor may be suspended or canceled as determined necessary by
the course provider. The department recommends that the course provider deny an
instructor’s approval if it was based on false or incorrect information or mistake.
(3) Instructors may not complete, issue, or validate a certificate or course completion to a
person not successfully completing all of the course. A period of absence for any portion of
scheduled course instruction will require that student to repeat that portion of instruction
prior to issuance of the certificate of completion.
(d) Notice and Hearing Requirements. If the department intends to deny, suspend, or
cancel a course provider’s license, an opportunity for an administrative hearing must be
given as provided by Texas Government Code, Section 2001.
(e) Suspension. The term of license suspension under subsection (b) and (c) of this section,
may not exceed one year. If the reason for suspension still exists at the end of the
suspension period, the suspension automatically elevates to license cancellation. To again
become licensed, a disapproved program provider or instructor must reapply and meet all
current requirements for a license.
(f) Quality Assurance Visits.
(1) Quality Assurance Visits (QAV’s) may be scheduled and conducted at the licensed
bicycle safety course provider sites. During the QAV, the focus will be on the adherence to
requirements outlined in subsection (b) and (c) of this section.
(2) The QAV’s will be conducted by department personnel or by persons authorized by the
department to perform them.
(g) Notification of Legal Actions. All bicycle safety course providers shall notify the
department with the details of any legal action, which has been filed against the provider,
its officers, or its instructors within 30 days of such action.
.
Director

MINUTES PUBLIC SAFETY COMMISSION September 24, 2003 Austin, Texas

Transcription

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