Public Safety Commission approves contested-case recommendations, adopts vehicle-inspection rule changes and posts driver-license rule proposals

The Public Safety Commission approved multiple administrative actions and rule items during its Dec. 1 meeting in Austin.

Minutes and consent items Commissioners approved the minutes from the Oct. 10 and Nov. 20, 2024 meetings. The motion to approve the minutes was offered by Commissioner Blair and seconded by Commissioner Long; the commission voted in favor and the motion passed. The consent agenda was later approved by motion of Commissioner Blair, seconded by Commissioner Hoard; the motion passed.

Contested cases (motor vehicle inspection program) General Counsel Phil Adkins presented seven contested cases arising from the motor vehicle inspection program, all concerning alleged improper emissions testing (Clean Scanning). Adkins asked the commission to adopt the Administrative Law Judge's proposals for decision in all seven cases. The department sought license revocations for Alejandro Alvarez (item 1), Miguel Cortez (item 3) and Eliseo Vallejo (item 5); revocations of vehicle inspection station certificates for Rainforest Car Wash (item 4), Versus Auto Motors (item 6), and Friendswood Quick Car (item 7); and a 12-month suspension and $500 administrative penalty for Meineke inspection station (item 2) because that offense predated a penalty-classification change.

Commissioner Blair moved to adopt the recommended decisions in items 8A1 through 8A7; Commissioner Hoard seconded. The commission voted in favor and the motion passed, adopting the proposed decisions as final determinations on those seven cases.

Driver license rule proposals (publication) Chief Sherry Gibson presented two proposed amendments to 37 TAC. Section 15.31 would remove language that allowed issuance of a license without a photo; Section 15.62 would clean up language about the Impact Texas distracted-driving video program to reflect a single adult program. Commissioner Blair moved, Commissioner Long seconded, and the commission voted to publish the two proposed rule amendments in the Texas Register for public comment.

Vehicle-inspection rule adoptions (ongoing business) Chief Wayne Mueller presented multiple previously published rule changes affecting Chapter 23 (vehicle inspection program). The majority of the amendments remove language tied to the safety side of vehicle inspections, reflecting legislative action to end that program at the end of the calendar year; emissions inspections for the 17 counties where they remain and commercial inspections will continue. No public comments had been received on those items. The commission adopted items 2 through 10 under ongoing business (Chapter 23 updates) by motion of Commissioner Long, seconded by Commissioner Blair; the motion passed.

Other motions and procedural items The commission voted to post and later adopt specific rule language as described on the agenda (37 TAC — 15.31, 15.62, and 15.89). The meeting went into executive session for specific items as listed on the agenda under the Texas Open Meetings Act and relevant Government Code sections, and reconvened in open session before adjourning by motion from Commissioner Blair and a second from Commissioner Stodghill; the motion passed.

Vote context and record The meeting record shows the five commissioners present at roll call — Chairman Mach, Commissioner Blair, Commissioner Long, Commissioner Stodghill and Commissioner Hoard — voiced approval on motions taken. For items where a roll-call tally was not read into the record, the meeting transcript records the motion, a second, and the body saying "Aye" with no recorded negative votes.

What the actions mean The contested-case adoptions finalize the Administrative Law Judge's recommendations in the seven vehicle-inspection enforcement matters listed on the agenda. The Chapter 23 amendments remove the safety-inspection provisions the legislature directed DPS to end; the agency said communications to the public have been ongoing with partner agencies about the change. The driver-license publication will open the two proposed rule changes for public comment in the Texas Register.

The commission did not adopt any new law beyond the published rule actions and the finalized contested-case determinations; items that required executive-session consideration were handled in closed session and were not acted on in open session.