PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 4. COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES
SUBCHAPTER A. REGULATIONS GOVERNING HAZARDOUS MATERIALS
The Texas Department of Public Safety (the department)adopts amendments to §4.1, concerning Transportation of HazardousMaterials. This rule is adopted without changes to the proposed textas published in the April 12, 2024, issue of the Texas Register (49 TexReg 2250) and willnot be republished.
The proposed amendment updates adoption of the federal hazardousmaterials regulations as amended through December 1, 2023.
No comments were received regarding the adoption of this rule.
This rule is adopted pursuant to Texas TransportationCode, Section 644.051, which authorizes the director to adopt rulesregulating the safe transportation of hazardous materials and thesafe operation of commercial motor vehicles; and authorizes the directorto adopt all or part of the federal safety regulations by reference.
The agency certifies that legal counsel has reviewed theadoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 20, 2024.
TRD-202402250
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: June 9, 2024
Proposal publication date: April 12, 2024
For further information, please call: (512) 424-5848
SUBCHAPTER B. REGULATIONS GOVERNING TRANSPORTATION SAFETYThe Texas Department of Public Safety (the department)adopts amendments to §4.15, concerning Compliance Review andSafety Audit Programs. This rule is adopted without changes to theproposed text as published in the April 12, 2024, issue of the Texas Register (49 TexReg 2256) and willnot be republished.
The proposed amendment adds as an imminent hazard to the publica motor carrier's refusal to submit to an inspection and the practiceof employing unqualified drivers with fraudulent foreign commercialdriver licenses. It also specifies the documentation and retentionrequirements for a motor carrier that employs foreign commercial driverlicense personnel consistent with House Bill 4337, 88th Leg., R.S. (2023).
No comments were received regarding the adoption of this rule.
This rule is adopted pursuant to Texas TransportationCode, Section 644.051, which authorizes the director to adopt rulesregulating the safe transportation of hazardous materials and thesafe operation of commercial motor vehicles; and authorizes the directorto adopt all or part of the federal safety regulations by reference.
The agency certifies that legal counsel has reviewed theadoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 20, 2024.
TRD-202402251
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: June 9, 2024
Proposal publication date: April 12, 2024
For further information, please call: (512) 424-5848
PART 9. TEXAS COMMISSION ON JAIL STANDARDSCHAPTER 259. NEW CONSTRUCTION RULES
SUBCHAPTER B. NEW MAXIMUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS
The Texas Commission on Jail Standards (TCJS) adoptsan amendment to rule §259.135 concerning dormitory housing anddayrooms, adopted without changes as published in the March 1, 2024,issue of the Texas Register (49 TexReg1245). The rule will not be republished.
The Texas Commission on Jail Standards adopts amendments to TexasAdministrative Code, Title 37, §259.135, relating to dormitoryhousing. Specifically, the adopted amendment addresses the generallyaccepted industry standard of direct supervision inmate housing areaswith congregate levels that exceed 48 inmates. Counties that utilizethe direct supervision concept for inmate supervision have been forcedto apply for a variance from minimum jail standards to operate inmatehousing areas with a congregate level that exceeds 48 inmates. Theconstruction and utilization of inmate housing areas with congregatelevels that exceed 48 inmates is common across the nation and 10 countiesin Texas currently operate direct supervision housing areas with nonegative impact. Amending minimum jail standards to allow congregatelevels that exceed 48 inmates when operated as direct supervisionwill acknowledge that this concept is viable and encouraged for countiesthat are capable of operating direct supervision facilities.
No comments were received from the public regarding adoption ofthis amendment.
The amendment is adopted under the authority of GovernmentCode, Chapter 511, which authorizes the Texas Commission on Jail Standardsto adopt reasonable rules and procedures establishing minimum standardsfor the construction, equipment, maintenance, and operation of county jails.
The agency certifies that legal counsel has reviewed theadoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 24, 2024.
TRD-202402339
Brandon Wood
Executive Director
Texas Commission on Jail Standards
Effective date: June 13, 2024
Proposal publication date: March 1, 2024
For further information, please call: (512) 850-8668
37 TAC §259.136The Texas Commission on Jail Standards (TCJS) adoptsan amendment to rule §259.136 concerning dormitory housing anddayrooms, adopted without changes as published in the March 1, 2024,issue of the Texas Register (49 TexReg1245). The rule will not be republished.
The adopted amendment addresses the generally accepted industrystandard of direct supervision inmate housing areas and dayrooms withcongregate levels that exceed 48 inmates. Counties that utilize thedirect supervision concept for inmate supervision have been forcedto apply for a variance from minimum jail standards to operate inmatehousing areas and dayrooms with a congregate level that exceeds 48inmates. The construction and utilization of inmate housing areasand dayrooms with congregate levels that exceed 48 inmates is commonacross the nation and 10 counties in Texas currently operate directsupervision housing areas with no negative impact. Amending minimumjail standards to allow congregate levels that exceed 48 inmates whenoperated as direct supervision will acknowledge that this conceptis viable and encouraged for counties that are capable of operatingdirect supervision facilities.
No comments were received from the public regarding adoption ofthis amendment.
The amendment is adopted under the authority of GovernmentCode, Chapter 511, which authorizes the Texas Commission on Jail Standardsto adopt reasonable rules and procedures establishing minimum standardsfor the construction, equipment, maintenance, and operation of county jails.
The agency certifies that legal counsel has reviewed theadoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 24, 2024.
TRD-202402340
Brandon Wood
Executive Director
Texas Commission on Jail Standards
Effective date: June 13, 2024
Proposal publication date: March 1, 2024
For further information, please call: (512) 850-8668
