Texas Register, Volume 38, Number 32, Pages 4957-5134, August 9, 2013 Page: 5,060
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Department Response. The proposed rule aims to speed up
the process of licensing applicants who have met all the require-
ments for a license. The rule does not change any of the licens-
ing requirements under the statute, and an applicant would still
have to meet all requirements.
One commenter asks if the rule applies to physicians.
Department Response. The rule only applies to licenses issued
by the Department, and the Department does not license physi-
cians.
A commenter asks if the license will be paper, like those issued
by the Department of Motor Vehicles.
Department Response. The Department anticipates that the
temporary license will be in paper form and issued at the test-
ing center.
A commenter representing KBK Insurance Group, Inc. asked if
the rule would affect the filing of certain insurance forms.
Department Response. The proposed rule only addresses tem-
porary licensing of applicants.
Finally, a commenter asks about a situation in which a temporary
license holder works without required insurance.
Department Response. As with any other licensee, a temporary
license holder who does not comply with statutes or rules ad-
ministered by the Department may be subject to administrative
penalties or sanctions.
The new rule is adopted under Texas Occupations Code, Chap-
ter 51, which authorizes the Commission, the Department's gov-
erning body, to adopt rules as necessary to implement this chap-
ter and any other law establishing a program regulated by the
Department.
The statutory provisions affected by the adoption are those set
forth in Texas Occupations Code, Chapter 51. No other statutes,
articles, or codes are affected by the adoption.
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.
Filed with the Office of the Secretary of State on July 26, 2013.
TRD-201303072
Brian Francis
Deputy Executive Director
Texas Department of Licensing and Regulation
Effective date: August 15, 2013
Proposal publication date: May 17, 2013
For further information, please call: (512) 463-7348CHAPTER 85.
FACILITIESVEHICLE STORAGE
16 TAC 85.710, 85.725, 85.1003
The Texas Commission of Licensing and Regulation (Com-
mission) adopts amendments to existing rules at 16 Texas
Administrative Code (TAC) Chapter 85, 85.710, 85.725, and
85.1003, concerning the vehicle storage facilities program.
Section 85.710 and 85.1003 are adopted with changes to the
proposed text as published in the February 1, 2013, issue of
the Texas Register (38 TexReg 458) and will be republished.Section 85.725 is adopted without changes to the proposed
text as published in the February 1, 2013, issue of the Texas
Register (38 TexReg 458) and will not be republished. The
adoption will take effect on August 15, 2013.
The adopted amendments implement changes recommended
by the Towing, Storage, and Booting Advisory Board, and as
general rule cleanup so that these rules are internally consistent
and in harmony with 16 TAC Chapter 86 regarding the towing of
vehicles.
The adopted amendments to 85.710(a)(3) require that a vehi-
cle storage facility (VSF) must accept payment at the location
of the stored vehicle and may not require a person to travel to
a separate location to make payment and another location to
retrieve the stored vehicle. The provision in 85.710(a)(5) has
been deleted and moved to 85.710(a)(3)(I).
New 85.710(c) addresses long-standing issues related to per-
sons attempting to gain access to or possession of stored ve-
hicles using fraudulent documentation. This amendment is an
express prohibition against such fraudulent activity through ex-
ercise of the Commission and the Department's jurisdiction to
impose administrative penalties for such violations.
The adopted amendments to 85.725(a)(6)(C)(iii) harmonize the
drug testing requirement that the percentage of random testing
be based on the number of employees participating in the con-
sortium rather than the VSF. This harmonizes the drug testing
requirements for VSFs with those used by towing companies.
The adopted amendments 85.1003 provide flexibility for a VSF
to continue with the existing practices related to the placement of
signage or implement the new provisions which provide for and
allow affixing the notices to the payment window. This flexibility
will reduce or eliminate the need to print new signs with each
statute or rule change that may affect consumer notices. New
85.1003(g) retains the statutory requirement that notice of non-
consent fee schedules be provided.
The Department drafted and distributed the proposed amend-
ments to persons internal and external to the agency. The pro-
posal was published in the February 1, 2013, issue of the Texas
Register (38 TexReg 458). The 30-day public comment period
closed on March 4, 2013. The Department received comments
from 22 members of the public: Paul Martin, National Associa-
tion of Mutual Insurance Companies, Larry Goehmann, Gene
Espinoza, Laura Raven, Sunshine Auto Parts, Lauri Hanson,
Jeni Ferril, Mark Crist, Leroy Brooks, Tom Hooker, Ron Burnes,
Rita Robinson, Luis Pina, Dave Reinhardt, Brent Hughes, Jess
Horton, Trajuana Phillips, Matt Armstrong, Jennifer Armstrong,
and Larry Cernosek. Below is a summary of comments and De-
partment responses.
During the March 6, 2013, meeting of the Towing, Storage and
Booting Advisory Board, the board members considered com-
ments supporting the changes and comments opposing amend-
ments to 85.200 and 85.709. As discussed below, the Ad-
visory Board voted to recommend the Commission not adopt
the proposed changes to 85.200 and 85.709. The proposed
amendments to 85.200 and 85.709 are withdrawn in this issue
of the Texas Register
One commenter requested clarification pertaining to the require-
ment that a storage facility notify law enforcement when a vehi-
cle is towed to the storage facility. One commenter suggested
amendments to the text of 85.710(a)(5) to add the term "autho-
rized representative" to the list of persons named in that para-38 TexReg 5060 August 9, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 32, Pages 4957-5134, August 9, 2013, periodical, August 9, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342085/m1/104/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.