From a layman's read of the Government Code 2001 (http://www.statutes.legis.state.tx.us/D ... V.2001.htm), it seems you are correct that these rules are written by DPS and are not "approved" by the Governor. However, DPS is required to provide any proposed rule to the legislature and the Lt. Governor for review and comment.Liberty wrote:Thanks,MasterOfNone wrote:37 Texas Administrative Code Chapter 6:Rule 6.11(a) wrote:The proficiency demonstration course will be the same for both instructors and license applications...Rule 6.73 wrote:...No optical enhancers will be allowed.
I assume these are rules that were written by DPS not by our legislature nor approved by our governor.
Is there a web site where I can get a copy of these rules? I maintain an informal site that lists most of the applicable laws. Some might find this useful.
Edit.Google is our friend: http://info.sos.state.tx.us/pls/pub/rea ... &pt=1&ch=6" onclick="window.open(this.href);return false;
DPS can still adopt a rule regardless of the comments received. But in adopting the rule, DPS must demonstrate the statutory authority for that rule (GC 2001.033(a)(2)). Since the legislature can change that statutory authorization, it appears to give them a form of overruling power anyway.GC 2001.032 wrote:Sec. 2001.032. LEGISLATIVE REVIEW. (a) Each house of the legislature by rule shall establish a process under which the presiding officer of each house refers each proposed state agency rule to the appropriate standing committee for review before the rule is adopted.
(b) A state agency shall deliver to the lieutenant governor and the speaker of the house of representatives a copy of the notice of a proposed rule when the agency files notice with the secretary of state under Section 2001.023.
(c) On the vote of a majority of its members, a standing committee may send to a state agency a statement supporting or opposing adoption of a proposed rule.
In the particular case of the rules governing the proficiency demonstration, the statutory authority comes from GC 411.188(a):
GC 411.188(a) wrote:The director by rule shall establish minimum standards for handgun proficiency and shall develop a course to teach handgun proficiency and examinations to measure handgun proficiency...