37 TAC §§4.11, 4.13 - 4.19
The Texas Department of Public Safety proposes amendments
to §§4.11, and 4.13 - 4.19, concerning Regulations Governing Transportation
Safety.
The amendment to §4.11 subsection (a) is necessary in order to ensure
that the Federal Motor Carrier Safety Regulations, incorporated by reference
in the section, reflects all amendments and interpretations issued through
April 1, 2005. An additional amendment to §4.11 reformats subsection
(c)(2) - (7) relating to applicability of regulations.
The amendment to §4.13 is necessary in order to clarify the initial
training and certifications requirements for peace officers certified under
this section.
The amendment to §4.14 is necessary in order to clarify what is required
of certain municipalities and counties when an officer's certification status
changes. Further amendment to the section reflects a change being made to
the Memorandum of Understanding process utilized by the department for municipal
and county certification requirements.
The amendment to §4.15 is necessary in order to further clarify department
procedures for assigning motor carrier safety ratings in the Safety Audit
Program and to establish a standard for judicial review of this process.
The amendment to §4.16 is necessary in order to clarify department
procedures for the collection of administrative penalties assessed and the
issuance of impoundment orders.
The amendment to §4.17 is necessary in order to clarify department
procedures for conducting informal hearings, to describe when an administrative
penalty becomes a final agency decision, and to establish a standard for judicial
review of this process.
The amendment to §4.18 is necessary in order to clarify how an out-of-service
order issued under this subchapter becomes a final agency decision, and to
establish a standard for judicial review of this process.
The amendment to §4.19 is necessary in order to make this subsection
consistent with the associated statute, Texas Transportation Code, §643.252.
Oscar Ybarra, Chief of Finance, has determined that for each year of the
first five-year period the rules are in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Ybarra also has determined that for each year of the first five-year
period the rules are in effect the public benefit anticipated as a result
of enforcing the rules will be to ensure to the public greater compliance
by motor carriers with all of the statutes and regulations pertaining to the
safe operation of commercial vehicles in this state. There is no anticipated
adverse economic effect on individuals, small businesses, or micro-businesses.
Comments on the proposal may be submitted to Mark Rogers, Major, Texas
Department of Public Safety, Texas Highway Patrol Division, P.O. Box 4087,
Austin, Texas 78773-0500, (512) 424-2116.
The amendments are proposed pursuant to Texas Transportation
Code, §644.051, which authorizes the director to adopt rules regulating
the safe transportation of hazardous materials and the safe operation of commercial
motor vehicles; and authorizes the director to adopt all or part of the federal
safety regulations by reference.
Texas Transportation Code, §644.051 is affected by this proposal.
§4.11.General Applicability and Definitions.
(a)
General. The director of the Texas Department of Public
Safety incorporates, by reference, the Federal Motor Carrier Safety Regulations,
Title 49, Code of Federal Regulations, Parts 40, 380, 382, 385, 386, 387,
390 - 393, and 395 - 397 including all interpretations thereto, as amended
through
April 1, 2005
[
October 1, 2004
]. All other references
in this subchapter to the Code of Federal Regulations also refer to amendments
and interpretations issued through
April 1, 2005
[
October
1, 2004
]. The rules adopted herein are to ensure that:
(1)
a commercial motor vehicle is safely maintained, equipped,
loaded, and operated;
(2)
the responsibilities imposed on a commercial motor vehicle's
operator do not impair the operator's ability to operate the vehicle safely;
(3)
the physical condition of a commercial motor vehicle's
operator enables the operator to operate the vehicle safely; and,
(4)
the minimum levels of financial responsibility required
to be maintained by motor carriers of property or passengers operating commercial
motor vehicles in interstate, foreign, or intrastate commerce.
(b)
Terms. Certain terms, when used in the federal regulations
as adopted in subsection (a) of this section, will be defined as follows:
(1)
the definition of motor carrier will be the same as that
given in Texas Transportation Code, §643.001(6);
(2)
hazardous material shipper means a consignor, consignee,
or beneficial owner of a shipment of hazardous materials;
(3)
interstate or foreign commerce will include all movements
by motor vehicle, both interstate and intrastate, over the streets and highways
of this state;
(4)
department means the Texas Department of Public Safety;
(5)
director means the director of the Texas Department of
Public Safety or the designee of the director;
(6)
regional highway administrator means the director of the
Texas Department of Public Safety;
(7)
farm vehicle means any vehicle or combination of vehicles
controlled and/or operated by a farmer or rancher being used to transport
agriculture commodities, farm machinery, and farm supplies to or from a farm
or ranch;
(8)
commercial motor vehicle has the meaning assigned by Texas
Transportation Code, §548.001(1) if operated intrastate; commercial motor
vehicle has the meaning assigned by Title 49, Code of Federal Regulations,
Part 390.5 if operated interstate
;
[
.
]
(9)
foreign commercial motor vehicle has the meaning assigned
by Texas Transportation Code, §648.001;
(10)
agricultural commodity is defined as an agricultural,
horticultural, viticultural, silvicultural, or vegetable product, bees and
honey, planting seed, cottonseed, rice, livestock or a livestock product,
or poultry or a poultry product that is produced in this state, either in
its natural form or as processed by the producer, including wood chips. The
term does not include a product which has been stored in a facility not owned
by its producer;
(11)
planting and harvesting seasons are defined as January
1 to December 31; and[
,
]
(12)
producer is defined as a person engaged in the business
of producing or causing to be produced for commercial purposes an agricultural
commodity. The term includes the owner of a farm on which the commodity is
produced and the owner's tenant or sharecropper.
(c)
Applicability.
(1)
The regulations shall be applicable to the following vehicles:
(A)
a vehicle or combination of vehicles with an actual gross
weight, a registered gross weight, or a gross weight rating in excess of 26,000
pounds when operating intrastate;
(B)
a farm vehicle or combination of farm vehicles with an
actual gross weight, a registered gross weight, or a gross weight rating of
48,000 pounds or more when operating intrastate;
(C)
a vehicle designed or used to transport more than 15 passengers,
including the driver; and[
,
]
(D)
a vehicle transporting hazardous material requiring a placard.
(E)
[
(2)
] a motor carrier transporting
household goods for compensation in intrastate commerce in a vehicle not defined
in Texas Transportation Code, §548.001(1) is subject to the record keeping
requirements in Title 49, Code of Federal Regulations, Part 395 and the hours
of service requirements specified in this subchapter.
(F)
[
(3)
] a foreign commercial motor
vehicle that is owned or controlled by a person or entity that is domiciled
in or a citizen of a country other than the United States.
(G)
[
(4)
] a contract carrier transporting
the operating employees of a railroad on a road or highway of this state in
a vehicle designed to carry 15 or fewer passengers.
(2)
[
(5)
] The regulations contained in
Title 49, Code of Federal Regulations, Part 392.9a, and all interpretations
thereto, are applicable to motor carriers operating in intrastate commerce
and to for-hire interstate motor carriers exempt from economic regulation.
The term "registration" as used in Title 49, Code of Federal Regulations,
Part 392.9a, for the motor carriers described in this paragraph, shall mean
compliance with the registration requirements found in Texas Transportation
Code, Chapter 643
, for vehicles operating in intrastate commerce, or
Texas Transportation Code, Chapters 643 or 645, for for-hire interstate motor
carriers exempt from economic regulation
. For purposes of enforcement
of this paragraph, peace officers certified to enforce this chapter, shall
verify that a motor carrier is not registered, as required in Texas Transportation
Code,
Chapters
[
Chapter
] 643
or 645
, before
placing a motor carrier out-of-service. Motor carriers placed out-of-service
under Title 49, Code of Federal Regulations, Part 392.9a may request a review
under
§
[
subsection
] 4.18 of this chapter. All
costs associated with the towing and storage of a vehicle and load declared
out-of-service under subsection (c)
(2)
[
(5)
] shall be
the responsibility of the motor carrier and not the department or the State
of Texas.
(3)
[
(6)
] All regulations contained in
Title 49, Code of Federal Regulations, Parts 40, 380, 382, 385, 386, 387,
390 - 393 and 395 - 397, and all interpretations thereto pertaining to interstate
drivers and vehicles are also adopted except as otherwise excluded.
(4)
[
(7)
] Nothing in this section shall
be construed to prohibit an employer from requiring and enforcing more stringent
requirements relating to safety of operation and employee health and safety.
§4.13.Authority to Enforce, Training and Certificate Requirements.
(a)
Authority to Enforce.
(1)
An officer of the department may stop, enter or detain
on a highway or at a port of entry a motor vehicle that is subject to Texas
Transportation Code, Chapter 644.
(2)
A non-commissioned employee of the department that is trained
and certified to enforce the federal safety regulations may stop, enter or
detain at a fixed-site facility, or at a port of entry, a motor vehicle that
is subject to Texas Transportation Code, Chapter 644.
(3)
An officer of the department or a non-commissioned employee
of the department that is trained and certified to enforce the federal safety
regulations may prohibit the further operation of a vehicle on a highway or
at a port of entry if the vehicle or operator of the vehicle is in violation
of Texas Transportation Code, Chapter 522, or a federal safety regulation
or rule adopted under Texas Transportation Code, Chapter 644, by declaring
the vehicle or operator out-of-service using the North American Standard Out-of-Service
Criteria as a guideline.
(4)
Municipal police officers from any of the following Texas
cities meeting the training and certification requirements contained in subsection
(b) of this section and certified by the department may stop, enter or detain
on a highway or at a port of entry within the municipality a motor vehicle
subject to Texas Transportation Code, Chapter 644:
(A)
a municipality with a population of 100,000 or more;
(B)
a municipality with a population of 25,000 or more, any
part of which is located in a county with a population of two million or more;
(C)
a municipality any part of which is located in a county
bordering the United Mexican States; or[
,
]
(D)
a municipality with a population of less than 25,000, any
part of which is located in a county with a population of 2.4 million and
that contains or is adjacent to an international port.
(5)
A sheriff, or deputy sheriff from any of the following
Texas counties meeting the training and certification requirements contained
in subsection (b) of this section and certified by the department, may stop,
enter or detain on a highway or at a port of entry within the county a motor
vehicle subject to Texas Transportation Code, Chapter 644:
(A)
a county bordering the United Mexican States, or
(B)
a county with a population of 2.2 million or more.
(6)
A certified peace officer from an authorized municipality
or county may prohibit the further operation of a vehicle on a highway or
at a port of entry within the municipality or county if the vehicle or operator
of the vehicle is in violation of Texas Transportation Code, Chapter 522,
or a federal safety regulation or rule adopted under Texas Transportation
Code, Chapter 644, by declaring the vehicle or operator out-of-service using
the North American Standard Out-of-Service Criteria as a guideline.
(b)
Training and Certification Requirements.
(1)
Minimum standards. Certain peace officers from the municipalities
and counties specified in subsection (a) of this section before being certified
to enforce this article must meet the following standards:
(A)
successfully complete the North American Standard Roadside
Inspection Course;
and
(B)
participate in an on-the-job training program following
each course with a certified officer and perform a minimum of 30 level one
inspections.
(2)
Hazardous materials. Certain peace officers from the municipalities
and counties specified in subsection (a) of this section and eligible to enforce
the Hazardous Materials Regulations must:
(A)
successfully complete the North American Standard Roadside
Inspection Course;
(B)
successfully complete a Basic Hazardous Materials Course;
and
(C)
participate in an on-the-job training program following
each course with a certified officer and perform a minimum of 16 level one
inspections
on vehicles containing non-bulk quantities of hazardous materials
.
(3)
Cargo Tank Specification. Certain peace officers from the
municipalities and counties specified in subsection (a) of this section and
eligible to enforce the Cargo Tank Specification requirements must:
(A)
successfully complete the North American Standard Roadside
Inspection Course;
(B)
successfully complete a Basic Hazardous Materials Course;
(C)
successfully complete a Cargo Tank Inspection Course
; and
[
.
]
(D)
participate in an on-the-job training program following
each course with a certified officer and perform a minimum of 16 level one
inspections
on vehicles transporting hazardous materials in cargo tanks
.
(4)
Motor Coach. Certain peace officers from the municipalities
and counties specified in subsection (a) of this section and eligible to enforce
motor coach requirements must:
(A)
successfully complete the North American Standard Roadside
Inspection Course;
(B)
successfully complete a Motor Coach Inspection Course;
and
(C)
participate in an on-the-job training program following
each course with a certified officer and perform a minimum of
8
[
24
] level I [
or V
] inspections
on motor coaches/buses
.
(5)
Training provided by the department. When the training
is provided by the Texas Department of Public Safety, the department shall
collect fees in an amount sufficient to recover from municipalities and counties
the cost of certifying its peace officers. The fees shall include:
(A)
the per diem costs of the instructors established in accordance
with the Appropriations Act regarding in-state travel;
(B)
the travel costs of the instructors to and from the training
site;
(C)
all course fees charged to the department;
(D)
all costs of supplies; and
(E)
the cost of the training facility, if applicable.
(6)
Training provided by other training entities. A public
or private entity desiring to train police officers in the enforcement of
the Federal Motor Carrier Safety Regulations must:
(A)
submit a schedule of the courses to be instructed;
(B)
submit an outline of the subject matter in each course;
(C)
submit a list of the instructors and their qualifications
to be used in the training course;
(D)
submit a copy of the examination;
(E)
submit an estimate of the cost of the course;
(F)
receive approval from the director prior to providing the
training course;
(G)
provide a list of all peace officers attending the training
course, including the peace officer's name, rank, agency, social security
number, dates of the course, and the examination score; and
(H)
receive from each peace officer, municipality, or county
the cost of providing the training course(s).
(c)
Maintaining Certification.
(1)
To maintain certification to conduct inspections and enforce
the federal safety regulations, a peace officer must:
(A)
Successfully complete the required annual certification
training
; and
[
.
]
(B)
Perform a minimum of 32 Level I or Level V inspections
per calendar year.
(C)
If the officer is certified to perform hazardous materials
inspections, at least eight inspections (Levels I
, II or V
[
or II
]) shall be conducted on vehicles containing non-bulk quantities
of hazardous materials.
(D)
If the officer is certified to perform cargo tank/bulk
packaging inspections, at least eight inspections (Levels I
, II or V
[
or II
]) shall be conducted on vehicles transporting hazardous
materials in cargo tanks.
(E)
If the officer is certified to perform
motor coach
[
motorcoach
]/bus inspections, at least eight of the inspections
(Levels I or V) shall be conducted on
motor coaches
[
motorcoaches
]/buses.
(2)
In the event an officer does not meet the requirements
of subsection (c) of this section, his or her certification shall be suspended.
(3)
To be recertified, after suspension, an officer shall pass
the applicable examinations which may include the North American Standard
Inspection, the General Hazardous Materials Inspection Course, the Cargo Tank/Bulk
Packaging Inspection Course, and/or the
Motor Coach
[
Motorcoach
]/Bus Inspection Course and repeat the specified number of inspections
with a certified officer.
(4)
Any officer failing any examination, or failing to successfully
demonstrate proficiency in conducting inspections after allowing any certification
to lapse will be required to repeat the entire training process as outlined
in subsection (b) of this section.
§4.14.Municipal and County Certification Requirements.
(a)
Certain peace officers from an authorized municipality
or county may be trained and certified to enforce the federal safety regulations
provided the municipality or county:
(1)
executes a Memorandum of Understanding with the department
concerning the working policies and procedures of the inspection program whereby
the resources of all agencies will be maximized, duplication of efforts will
be minimized, and uniformity in the inspection program will be maintained;
(2)
implements a program that ensures their officers are conducting
the inspections following the guidelines approved by the department;
(3)
implements a program that ensures their officers perform
the required number of inspections annually and successfully complete the
required annual certification training to maintain the officers' certification;
(4)
agrees to
immediately
suspend
, from performing
commercial vehicle inspection and enforcement activities, authorized in this
chapter,
[
immediately
] any officer that fails to maintain
their certification or that fails to perform the inspections following the
guidelines approved by the department;
(5)
agrees to notify the department within 10 days of
a change in an officer's certification and
provides a list to the department
by January 31st of each year of the officers that have been suspended and
are no longer certified;
(6)
provides all roadside inspection data to the department
through electronic systems that are compatible with the department's system
within 15 business days of the inspection
; and
[
.
]
(7)
agrees to forward crash reports
involving commercial motor vehicles to the department no later than 30 days
after the date of completion of the crash investigation.
(b)
Substantial non compliance with the provisions of the Memorandum
of Understanding or the training, officer certification, or data-sharing requirements
by the municipality or county, will constitute grounds to decertify the municipality's
or county's authority to enforce the federal safety regulations.
(c)
The failure of a municipality or county to show activity
to the department within a six (6) month period will constitute grounds to
decertify the municipality or county.
(d)
Each municipality or county that has peace officers trained
and certified to enforce the federal safety regulations shall be required
to update and renew their Memorandum of Understanding with the department
every two years on a staggered schedule to be determined by the department.
If the initial Memorandum of Understanding with the department does not have
an effective date shown, then the effective date shall be the date of acceptance
by the department.
§4.15.Safety Audit Program.
(a)
[
Safety Audit Program.
] The rules
in this subsection, as authorized by Texas Transportation Code, §644.155,
establish procedures to determine the safety fitness of motor carriers, assign
safety ratings, take remedial actions when necessary, assess administrative
penalties when required, and prohibit motor carriers receiving a safety rating
of "unsatisfactory" from operating a commercial motor vehicle. The department
will use the Compliance Review Audit to determine the safety fitness of motor
carriers and to assign safety ratings. The safety fitness determination will
be assessed on intrastate motor carriers and the intrastate operations of
interstate motor carriers based in Texas.
(1)
Definitions specific to the Safety Audit Program are as
follows:
(A)
Compliance Review means an on-site examination of motor
carrier operations to determine whether a motor carrier meets the safety fitness
standard.
(B)
Culpability means an evaluation of the blame worthiness
of the violator's conduct or actions.
(C)
Imminent Hazard means any condition of vehicle, employees,
or commercial vehicle operations which is likely to result in serious injury
or death if not discontinued immediately.
(D)
Satisfactory Safety Rating means that a motor carrier has
in place and functioning adequate safety management controls to meet the safety
fitness standard prescribed in Title 49, Code of Federal Regulation, Part
385.5 and the state equivalents contained in Texas Transportation Code Chapters
522 and 644, and 37 TAC, Chapter 4. Safety management controls are adequate
if they are appropriate for the size and type of operation of the particular
motor carrier.
(E)
Conditional Safety Rating means a motor carrier does not
have adequate safety management controls in place to ensure compliance with
the safety fitness standard that could result in the occurrences listed in
Title 49, Code of Federal Regulations, Part 385.5(a) through (k) and the state
equivalents contained in Texas Transportation Code Chapters 522 and 644, and
37 TAC, Chapter 4.
(F)
Unsatisfactory Safety Rating means a motor carrier does
not have adequate safety management controls in place to ensure compliance
with the safety fitness standard which has resulted in occurrences listed
in Title 49, Code of Federal Regulations, Part 385.5(a) through (k) and the
state equivalents contained in Texas Transportation Code Chapters 522 and
644, and 37 TAC, Chapter 4.
[
(G)
For the purposes of collection
of the administrative penalty, Final Departmental Decision is defined as:]
[
(i)
the most recent claim letter issued to a motor
carrier who fails to pay or becomes delinquent in the payment of an administrative
penalty as outlined in §4.16 of this title (relating to Administrative
Penalties, Payment, Collection and Settlement of Penalties)]
[
(ii)
the most recent claim letter issued to a motor
carrier who fails to request an informal hearing or an administrative hearing
within 20 business days of receipt of the Notice of Claim; or]
[
(iii)
a Final Order issued from an administrative
hearing as outlined in this subchapter.]
(G)
[
(H)
] For the purposes of safety
ratings, Final Departmental Decision is defined as:
(i)
the letter notifying the carrier of a satisfactory safety
rating, issued under paragraph (4)(D)[
(ii)
] of this
subsection
[
section
];
(ii)
the letter notifying the motor carrier of a conditional
safety rating on the expiration of the time period in paragraph (4)(D)(ii)
of this
subsection
[
section
], unless this changed earlier
as a result of the department granting a request to change the safety rating
or a departmental review;
(iii)
the letter notifying the motor carrier of a final unsatisfactory
safety rating
issued under paragraph (4)(D)(iii) of this subsection
;
or
(iv)
the letter notifying the motor carrier of a decision on
a safety rating as a result of a request for a change of the safety rating
or a departmental review.
(2)
Inspection of Premises.
(A)
Authority to Inspect. An officer or a non-commissioned
employee of the department who has been certified by the director may enter
a motor carrier's premises to inspect lands, buildings, and equipment and
copy or verify the correctness of any records, reports or other documents
required to be kept or made pursuant to the regulations adopted by the director
in accordance with Texas Transportation Code, §644.155.
(B)
Entry of Premises. The officer or employee of the department
may conduct the inspection:
(i)
at a reasonable time;
(ii)
on stating the purpose of the inspection; and
(iii)
by presenting to the motor carrier;
(I)
appropriate credentials; and
(II)
a written statement from the department to the motor carrier
indicating the officer's or employee's authority to inspect.
(C)
Civil and Criminal Penalties for Refusal to Allow Inspection.
(i)
A person who does not permit an inspection authorized under
Texas Transportation Code, §644.104, is liable to the state for a civil
penalty not to exceed $1,000. The director may request that the attorney general
sue to collect the penalty in the county in which the violation is alleged
to have occurred or in Travis County.
(ii)
The civil penalty is in addition to the criminal penalty
provided by Texas Transportation Code, §644.151.
(iii)
Each day a person refuses to permit an inspection constitutes
a separate violation for purposes of imposing a penalty.
(3)
Compliance Review Audits. A Compliance Review will be conducted
based upon the following criteria:
(A)
unsatisfactory safety assessment factor evaluations;
(B)
written complaints concerning unsafe operation of commercial
motor vehicles which are substantiated by documentation. Complaints for the
purpose of this criterion include involvement in a fatality accident or the
receipt of a 24-hour out-of-service notification based on violation(s) of
Title 49, Code of Federal Regulations, Parts 392.4 or 392.5 or Texas Transportation
Code, §522.101;
(C)
follow-up investigations of motor carriers that have been
the subject of an enforcement action, an administrative penalty, or the assessment
of an Unsatisfactory Safety Rating from the immediately previous Compliance
Review;
(D)
requests from the legislature and state or federal agencies;
(E)
request for a safety rating determination or a change to
a safety rating determination; or
(F)
a hazardous material incident as described in §4.1(b)
(4)
[
(5)
] of this title (relating to Transportation of Hazardous
Materials).
(4)
Safety Fitness Rating.
(A)
A safety fitness rating is based on the degree of compliance
with the safety fitness standard for motor carriers.
(B)
A safety rating will be determined following a compliance
review using the factors prescribed in Title 49, Code of Federal Regulations,
Part 385.7. The following safety ratings will be assigned:
(i)
Satisfactory Safety Rating;
(ii)
Conditional Safety Rating;
or
(iii)
Unsatisfactory Safety Rating.
(C)
The provisions of Title 49, Code of Federal Regulations,
Part 385.13 relating to "unsatisfactory rated motor carriers; prohibition
on transportation; ineligibility for Federal contracts" is hereby adopted
by the department and is applicable to intrastate motor carriers except that
intrastate motor carriers transporting more than 15 passengers or hazardous
materials are prohibited from operation on the 61st calendar day after notice
of the proposed unsatisfactory safety rating; all other intrastate motor carriers
are prohibited from operation on the 76th calendar day after notice of the
proposed unsatisfactory safety rating.
(D)
The department will provide written notification to the
motor carrier of the assigned safety rating within 30 business days of the
close out date of the compliance review.
(i)
Notice of a satisfactory safety rating will be sent by
regular U.S. Mail, or by personal delivery, and is final upon
receipt
or
mailing [
notice within 30 business days of the compliance review
].
(ii)
Notice of a proposed conditional safety rating shall be
sent by certified mail, registered mail, personal delivery, or another manner
of delivery that records the receipt of the notice by the person responsible,
and will include a list of those items for which immediate corrective action
must be taken. Unless changed by the department following a request for a
change of safety rating or a department review, the conditional safety rating
will become final without further notice on the 61st calendar day after notice
of the proposed conditional safety rating for motor carriers transporting
more than 15 passengers or hazardous materials requiring placarding under
Part 172, Subpart F, of Title 49, Code of Federal Regulations, and on the
76th calendar day after notice of the proposed conditional rating for all
other motor carriers. If the
motor
carrier requests a change of
safety rating or a departmental review more than 15 days after the notice
of proposed conditional safety rating
, the conditional safety rating
may become final before the department can complete its review.
(iii)
Notice of
a proposed
[
an
] unsatisfactory
safety rating shall be sent by certified mail, registered mail, personal delivery,
or another manner of delivery that records the receipt of the notice by the
person responsible, and will include a list of those items for which immediate
corrective action must be taken. Within 5 business days of the expiration
of the time periods set out in paragraph (4)(C) of this
subsection
[
section
], the department will provide written notification of the final
unsatisfactory safety rating and an order to cease all intrastate transportation,
as provided in Title 49, Code of Federal Regulations, Part 385.13, by certified
mail, registered mail, personal delivery, or another manner of delivery that
records the receipt of the notice by the person responsible. If the motor
carrier requests a change of safety rating or a departmental review more than
15 days after the notice
of proposed unsatisfactory safety rating
,
the unsatisfactory safety rating may become final before the department can
complete its review.
(E)
In addition to any criminal penalties provided by statute,
a motor carrier assessed an unsatisfactory safety rating who continues to
operate in violation of the notifications to cease operations under Title
49, Code of Federal Regulations, Part 385.13 will be subject to a civil suit
filed by the attorney general from a request from the director of the Texas
Department of Public Safety. Each day of operation constitutes a separate
violation.
(F)
A request for a change in or a departmental review of a
safety rating must be submitted in writing to: Texas Department of Public
Safety, Manager-Motor Carrier Bureau, P.O. Box 4087, Austin, Texas 78773-0521.
Such request(s) must meet the requirements provided for in this subsection.
(G)
Change to Safety Rating based on Corrective Actions. A
motor carrier that has taken action to correct the deficiencies that resulted
in a proposed or final rating of "conditional" or "unsatisfactory" may request
a rating change at any time.
(i)
The motor carrier must base its request upon evidence that
it has taken corrective actions and that its operations currently meet the
safety standards and factors specified in Title 49 Code of Federal Regulations
Parts 385.5 and 385.7, and equivalent state regulations contained in Texas
Transportation Code Chapters 522 and 644, and 37 TAC, Chapter 4. The request
must include a written description of corrective actions taken, and other
documentation the carrier wishes the department to consider.
(ii)
The department will make a final determination on the
request for change based upon the documentation the motor carrier submits,
a streamlined compliance review and any additional relevant information. The
review will be conducted by the director's designee(s); the streamlined compliance
review will be conducted by a field compliance review investigator.
(iii)
The department will perform reviews of requests made
by motor carriers with a proposed or final "unsatisfactory" or "conditional"
safety rating in the following time periods after receipt of the motor carrier's
request: within 30 calendar days for motor carriers transporting passengers
in commercial motor vehicles or placardable quantities of hazardous materials;
or within 45 calendar days for all other motor carriers.
(iv)
The filing of a request for a change to a proposed or
final safety rating under this section does not stay the 60 calendar day period
specified in this subsection for motor carriers transporting passengers or
hazardous materials. If the motor carrier has submitted evidence that corrective
actions have been taken pursuant to the Federal Motor Carrier Safety Regulations
and state regulations and the department cannot make a final determination
within the 60 calendar day period, the period before the proposed safety rating
becomes final may be extended for up to 10 calendar days at the discretion
of the department.
(v)
The department may allow a motor carrier with a proposed
rating of "unsatisfactory" (except those transporting passengers in commercial
motor vehicles or placardable quantities of hazardous materials) to continue
to operate in intrastate commerce for up to 60 calendar days beyond the 75
calendar days specified in the proposed rating, if the department determines
that the motor carrier is making a good faith effort to improve its safety
status. This additional period would begin on the 76th day after the date
of the notice of the proposed "unsatisfactory" rating.
(vi)
If the department determines that the motor carrier has
taken the corrective actions required and that its operations currently meet
the safety standard and factors specified in Title 49, Code of Federal Regulations
Parts 385.5 and 385.7, and equivalent state regulations contained in Texas
Transportation Code Chapters 522 and 644, and 37 TAC, Chapter 4, the department
will notify the motor carrier in writing of its upgraded safety rating. An
upgraded safety rating is final upon notification.
(vii)
If the department determines that the motor carrier has
not taken all the corrective actions required, or that its operations still
fail to meet the safety standard and factors specified in Title 49, Code of
Federal Regulations Parts 385.5 and 385.7, and equivalent state regulations
contained in Texas Transportation Code Chapters 522 and 644, and 37 TAC, Chapter
4, the department will notify the motor carrier in writing. Any extension
of the time period before an unsatisfactory safety rating becomes effective
under paragraph (4)(G)(iv) or (v) of this
subsection
[
section
] will expire upon receipt of this notice.
(viii)
Any motor carrier whose request for change
to a
safety rating
is denied in accordance with this subsection may request
a departmental review under the procedures of paragraph (4)(H) of this
subsection
[
section
]. The motor carrier must make the request
within 90 calendar days of the denial of the request for a rating change.
If the proposed rating has become final, it shall remain in effect during
the period of any departmental review.
(H)
Departmental Review of Safety Rating. A motor carrier may
request the department to conduct a departmental review if it believes the
department has committed an error in assigning its proposed safety rating
in accordance with Title 49, Code of Federal Regulations, Part 385.15(c),
Texas Transportation Code Chapter 644, or 37 TAC, Chapter 4 or its final safety
rating in accordance with Title 49, Code of Federal Regulations, Part 385.11(b),
Texas Transportation Code Chapter 644, or 37 TAC, Chapter 4.
(i)
The motor carrier's request must explain the error it believes
the department committed in issuing the safety rating. The motor carrier must
include a list of all factual and procedural issues in dispute, and any information
or documents that support its argument.
(ii)
If a motor carrier has received a notice of a proposed
conditional or unsatisfactory safety rating, it should submit its request
within 15 business days from the date of the notice. This time frame will
allow the department to issue a written decision before the safety rating
becomes final and any prohibitions outlined in paragraph (4)(C) of this
subsection
[
section
] take effect. Failure to request within
this 15 business day period may prevent the department from issuing a final
decision before such prohibitions take effect.
(iii)
The motor carrier must make a request for
a
[
an
] departmental review within 90 calendar days of either the proposed
or final safety rating issued in accordance with this subsection, or within
90 calendar days after denial of a request for a change in a safety rating
in accordance with paragraph (4)(G) of this
subsection
[
section
].
(iv)
The department may ask the motor carrier to submit additional
data and attend a conference in Austin, Texas to discuss the safety rating.
If the motor carrier does not provide the information requested or does not
attend the conference, the department may dismiss its request for review.
The review will be conducted by the director's designee(s).
(v)
The department will notify the motor carrier in writing
of its decision following the departmental review. The department will complete
the review within 30 calendar days after receiving a request from a hazardous
materials or passenger motor carrier that has received a proposed or final
"unsatisfactory" or "conditional" safety rating; or within 45 calendar days
after receiving a request from any other motor carrier that has received a
proposed or final "unsatisfactory" or "conditional" safety rating.
(I)
[
(vi)
]
A final safety rating
[
The decision
] constitutes a final agency decision. Any
review of such decision is subject to Texas Government Code Chapter 2001.
Judicial review is subject to the substantial evidence rule under Texas Government
Code, §2001.174.
(b)
Release of Safety Rating Information.
(1)
[
(I)
] The safety rating assigned
to a motor carrier will be made available to the public upon request.
(2)
[
(J)
] Requests should be addressed
to the Texas Department of Public Safety, Motor Carrier Bureau, Box 4087,
Austin, Texas 78773-0521. All requests for disclosure of safety rating must
be made in writing and will be processed under the Texas Public Information
Act.
§4.16.Administrative Penalties, Payment, Collection, and Settlement of Penalties.
(a)
Administrative Penalties.
(1)
The compliance review may result in the initiation of an
enforcement action based upon the number and degree of seriousness of the
violations discovered during the review as well as those factors listed in
Title 49, Code of Federal Regulations, Part 385.7. As a result of the enforcement
action, the department may impose an administrative penalty against a motor
carrier who violates a provision of the Texas Transportation Code, Title 7,
Subtitle B, Chapter 522 (relating to Commercial Driver's License), Subtitle
C, Chapters 541 - 600 (relating to the Rules of the Road), and Subtitle F,
Chapter 644 (relating to Commercial Motor Vehicles), including any amendments
not codified in the Texas Transportation Code. Each of these provisions relates
to the safe operation of a commercial motor vehicle under Texas Transportation
Code, §644.153(b).
(2)
The department shall have discretion in determining the
appropriate amount of the administrative penalty assessed for each violation,
and adopts the Federal Uniform Fine Assessment Program as a method of determining
penalty assessment. A penalty under this section may not exceed the maximum
penalty provided for a violation of a similar federal safety regulation.
(3)
The amount of the administrative penalty shall be determined
by taking into account the following factors:
(A)
For violations other than those under the hazardous material
regulations:
(i)
nature of the violation;
(ii)
circumstances of the violation;
(iii)
extent of the violation;
(iv)
gravity of the violation;
(v)
degree of culpability;
(vi)
history of prior offenses;
(vii)
ability to pay;
(viii)
the amount necessary to deter future violations;
(ix)
effect on ability to continue to do business; and
(x)
such other matters as justice and public safety may require.
(B)
For hazardous material violations, the factors detailed
in paragraph (3)(A) of this
subsection
[
section
], are
considered in addition to the following factors:
(i)
any good faith effort to comply with the applicable requirements;
and
(ii)
any economic benefit resulting from the violation.
(4)
The department will send a Notice of Claim to the person(s),
firm, or business in violation of this subchapter by certified mail, return
receipt requested, by personal service, or another manner of delivery that
records the receipt of the notice by the person responsible requiring a response
within 20 business days. The notice will contain the following language in
bold, large face type: "FAILURE TO PAY THIS CLAIM OR RESPOND, AS SPECIFIED
IN THE NOTICE OF CLAIM, WITHIN 20 BUSINESS DAYS WILL RESULT IN THIS NOTICE
OF CLAIM BEING DEEMED A 'FINAL DEPARTMENT DECISION.' A PERSON WHO IS SUBJECT
TO AN ADMINISTRATIVE PENALTY IMPOSED BY THE DEPARTMENT UNDER TEXAS TRANSPORTATION
CODE, §644.153 IS REQUIRED TO PAY THE ADMINISTRATIVE PENALTIES OR RESPOND
TO THE DEPARTMENT'S NOTICE OF CLAIM. A PERSON WHO FAILS TO PAY, OR BECOMES
DELINQUENT IN THE PAYMENT OF THE ADMINISTRATIVE PENALTIES IMPOSED BY THE DEPARTMENT
UNDER TEXAS TRANSPORTATION CODE, §644.153 SHALL NOT OPERATE OR DIRECT
THE OPERATION OF A COMMERCIAL MOTOR VEHICLE ON THE HIGHWAYS OF THIS STATE
UNTIL SUCH TIME AS THE ADMINISTRATIVE PENALTIES HAVE BEEN REMITTED TO THE
DEPARTMENT."
(b)
Payment, Collection and Settlement of Administrative Penalty.
(1)
Payment. A person who is subject to an administrative penalty
imposed by the department as authorized by Texas Transportation Code §644.153(c)
is required to pay the administrative penalty. If payment of costs, fees,
expenses, and reasonable and necessary attorney's fees incurred by the state
has been ordered, any payment of less than the full amount owed will be applied
first to the costs, fees, expenses and attorney's fees, then the balance of
the payment, if any, will be applied to the administrative penalty. The administrative
penalty may be paid through one of the following options:
(A)
Full Payment. Full payment of the administrative penalty
in the form of a check, cashier's check, or money order made payable to the
Department of Public Safety shall be submitted to the Texas Department of
Public Safety, Attn: Motor Carrier Bureau, MSC 0522, 6200 Guadalupe, Building
P, Austin, Texas 78752-4019.
(B)
Installment Payments.
(i)
A person(s), firm, or business may, upon approval of the
director or the director's designee, be allowed to make installment payments
of an administrative penalty, costs, fees, expenses, and reasonable and necessary
attorney's fees incurred by the state upon submission of adequate proof of
inability to pay the full amount of the claim. An application shall be submitted
on a form approved by the department.
(ii)
The person(s), firm, or business requesting the installment
agreement must submit adequate documentation to support the request and make
all relevant financial records of the person(s), firm, or business available
to the department for inspection and verification.
(iii)
In the event of a default of the installment agreement
by the person(s), firm, or business, then the remaining balance of the installment
agreement will be due immediately.
(iv)
Upon default under an installment agreement, or failure
to respond to the notice of claim within 20 business days, the person(s),
firm, or business is no longer eligible for installment payments.
(2)
Non-Payment of Administrative Penalty. A person who fails
to pay, or becomes delinquent in the payment of the administrative penalty
imposed by the department as authorized by Texas Transportation Code, §644.153(c)
shall not operate or direct the operation of a commercial motor vehicle on
the highways of this state until such time as the administrative penalty has
been remitted to the department. The department will make every effort to
collect an administrative penalty once an enforcement action has been deemed
as a Final Departmental Decision, including referring the administrative penalty
to the Office of the Attorney General, or issuing an impoundment Order.
(A)
Issuance of an Impoundment Order. Pursuant to Texas Transportation
Code, §644.153(o) - (s), the department will issue an impoundment order
for the impoundment of any commercial motor vehicle that is operated or directed
by the person(s), firm, or business that fails to pay an administrative penalty
issued under this subchapter.
(B)
Timing and Content of Impoundment Order. The department
shall issue an Impoundment Order if the person(s), firm, or business fails
to respond as specified to the Notice of Claim within 20 business days, or
becomes delinquent in the payment of the full amount under subsection (b)(1)(A)
of this section or any installment payments under subsection (b)(1)(B) of
this section when they become due. The Impoundment Order will contain the
following information:
(i)
Motor carrier's name, address, city, zip code and telephone
number;
(ii)
The motor carrier's Texas Department of Transportation,
United States Department of Transportation, or Motor Carrier number, if any;
(iii)
The amount of delinquent penalty assessment;
(iv)
The date the Impoundment Order was issued;
(v)
A contact number for the Motor Carrier Bureau;
(vi)
Notice that impoundment will be lifted upon receipt of
full payment of the administrative penalty at the Motor Carrier Bureau or
the designated Commercial Vehicle Enforcement employee as described in paragraph
(5)(C)(i) or (ii) of this subsection; and,
(vii)
In bold, conspicuous letters, notice that the carrier
is responsible for all costs of storage of the vehicle and its cargo, and
towing.
(3)
Prior to impounding any vehicle, the trooper shall verify
the Impoundment Order is still valid. Verification can only be made by the
Manager
of the Motor Carrier Bureau or the Manager's designee during
regular business hours
, [
Assistant Manager, Motor Carrier Bureau
Attorney,
] or
via electronic inquiry into the Motor Carrier Bureau's
Vehicle Impoundment Database after regular business hours
[
the
Motor Carrier Compliance Audit Section Supervisor of the Motor Carrier Bureau
]. If a trooper is unable to verify the Impoundment Order is in force,
then the vehicle shall not be impounded.
(4)
Once a vehicle is impounded, the trooper impounding the
vehicle shall immediately ensure the motor carrier is notified of impoundment
of the vehicle. The trooper will inform the motor carrier of the name, location,
and telephone number of the vehicle storage facility where the vehicle is
impounded, notice the vehicle will not be released until the administrative
penalty has been paid, and a contact number for the Motor Carrier Bureau.
When a vehicle is impounded after regular business hours, the trooper will
notify the Motor Carrier Bureau as soon as possible but not later than the
next regular business day.
(5)
Release of Impounded Vehicles.
(A)
To cancel the Impoundment Order and to release a vehicle
from impoundment, the motor carrier shall pay the administrative penalty in
full, including costs, fees, expenses, and reasonable and necessary attorney's
fees incurred by the state.
(B)
The payment of the administrative penalty must be for the
full amount. The payment must be made by cashier's check or money order payable
to the Texas Department of Public Safety.
(C)
The payment can be made in one of two ways only:
(i)
by sending it to the following address as indicated: Texas
Department of Public Safety, Motor Carrier Bureau, MSC 0522, 6200 Guadalupe,
Bldg. P, Austin, Texas 78752-4019, Attn: Accounting Clerk, Impoundment Notice;
or
(ii)
directly to the trooper at the time of the actual impoundment
or to any Commercial Vehicle Enforcement employee at any department regional,
district or sub-district office.
If payment is made on an impounded vehicle
after regular business hours, the trooper will notify the Motor Carrier Bureau
as soon as possible but not later than the next regular business day.
(D)
The impounded vehicle will be released and the impoundment
order will be cancelled only upon receipt of payment as specified under paragraph
(5)(C)(i) or (ii) of this subsection [
or if the department refers the
case to the attorney general for collection of the amount of the penalty
].
§4.17.Notification and Hearing Processes.
(a)
Notification.
(1)
The department will notify a motor carrier of an enforcement
action by the issuance of a claim letter as described in §4.16(a)(4)
of this title (relating to Administrative Penalties, Payments, Collection
and Settlement of Penalties).
(2)
The notification may be submitted to the motor carrier's
last known address as reflected in the records of the department by certified
mail, return receipt requested, or personal service, or another manner of
delivery that records the receipt of the notice by the person responsible.
A notification sent by mail shall be presumed to have been received by the
motor carrier five days after the date of the mailing.
(3)
The motor carrier shall respond within 20 business days
of receipt of the claim letter with one of the following options:
(A)
Payment of the claim in the full amount as outlined in
the claim letter; or
(B)
Request, in writing, to make installment payments; or
(C)
Request, in writing, an informal hearing; or
(D)
Request, in writing, an administrative hearing.
(4)
A request under paragraph (3)(C) or (D) of this subsection
must contain the following:
(A)
A concise statement of the issues to be presented at the
hearing, including the occurrence of the violations, the amount of the penalty,
or both;
(B)
defenses the carrier asserts to the department's claim;
and
(C)
supporting documents to show defenses and/or financial
condition of the carrier.
(5)
A request under paragraph (3)(C) of this subsection
that does not contain the information required in paragraph (4) of this subsection
may, after notice and a reasonable opportunity to correct the defect, be set
for an administrative hearing rather than an informal hearing, at the discretion
of the department
[
Failure to respond within 20 business days as
outlined in paragraph (3)(A), (B), (C) or (D) of this subsection will deem
the claim letter as a Final Departmental Decision
].
(b)
Informal hearing.
(1)
If requested, the department will hold an informal hearing
to discuss a penalty recommended under this section. Such hearing will be
scheduled and conducted by the manager of the Motor Carrier Bureau or the
director's designee.
(2)
An informal hearing shall not be subject to rules of evidence
and civil procedure except to the extent necessary for the orderly conduct
of the hearing. The department will summarize the nature of the violation
and the penalty, and discuss the factual basis for such. The motor carrier
will be afforded an opportunity to respond to the allegations verbally and/or
in writing.
(3)
After the conclusion of the informal hearing, the hearing
officer will issue a Memorandum of Decision, which will be provided to the
motor carrier. The Memorandum of Decision will contain the following:
(A)
a statement of findings by the hearing officer, including
a statement of dismissal of charges, modification of penalties, or affirmation
of penalties; and
(B)
if the penalties are modified or affirmed, the Memorandum
of Decision will be accompanied by a revised claim letter requiring the motor
carrier to respond within 20 business days of receipt of claim letter with
one of the following options:
(i)
Payment of the claim in the full amount as outlined in
the claim letter; or
(ii)
Request to make installment payments; or
(iii)
Request an administrative hearing before the State Office
of Administrative Hearings.
[
(4)
Failure to respond as outlined
in paragraph (3)(B)(i) or (ii) of this subsection will deem the revised claim
letter as a Final Departmental Decision.]
(c)
Administrative Hearing.
(1)
If the motor carrier requests an administrative hearing,
as required by subsection (a)(3)(D) or (b)(3)(B)(iii) of this section, the
department shall request an administrative hearing before the State Office
of Administrative Hearings. The department will provide written notice by
certified mail, return receipt requested, or by personal service of such action
to the motor carrier. The administrative law judge for the State Office of
Administrative Hearings shall issue a proposal for decision setting out the
judge's findings of fact, conclusions of law and recommendations in accordance
with agency rules and statutes, including a recommendation regarding the award
and amount of costs, fees, expenses, and reasonable and necessary attorney's
fees incurred by the state.
(2)
The director may adopt those findings and make it part
of the director's order; or the director may, pursuant to §2001.058(e),
Government Code, increase or decrease the amount of the penalty recommended
by the administrative law judge. Notice of the director's order and proposal
for decision shall be given to the affected person as required by Chapter
2001, Government Code, and must include a statement that the person is entitled
to seek a judicial review of the order. Before the 31st calendar day after
the date the director's order becomes final as provided in §2001.004,
Government Code, the person must:
(A)
pay the penalty in full;
(B)
pay the penalty in full and file a petition for judicial
review contesting:
(i)
the occurrence of the violation(s);
(ii)
the amount of the penalty; or
(iii)
both the occurrence of the violation(s) and the amount
of the penalty.
(C)
without paying the penalty, file a petition for review
contesting:
(i)
the occurrence of the violation(s);
(ii)
the amount of the penalty; or
(iii)
both the occurrence of the violation(s) and the amount
of the penalty.
(3)
A contested case under this subsection will be governed
by Texas Government Code, Chapter 2001, subchapters C and D, Texas Transportation
Code, §644.153, and 37 TAC, Chapter 29 of this title (relating to General
Rules of Practice and Procedure), and not by Title 49, Code of Federal Regulations,
Part 386, Subparts D and E.
(d)
A final department decision
is subject to judicial review under the substantial evidence rule, Texas Government
Code, §2001.174. For purposes of collection of the administrative penalty,
Final Departmental Decision is defined as:
(1)
the most recent claim letter issued to a motor
carrier who fails to request an informal hearing or an administrative hearing
within 20 business days of receipt of the Notice of Claim; or
(2)
the most receipt claim letter issued to a motor
carrier who fails to pay or becomes delinquent in the payment of an administrative
penalty as outlined in §4.16 of this title (relating to Administrative
Penalties, Payment, Collection and Settlement of Penalties); or
(3)
a Final Order issued by the director as a result
of an administrative hearing as outlined in this subchapter.
§4.18.Intrastate Operating Authority Out-of-Service Review.
(a)
A motor carrier may request a review of the out-of-service
order within 10 business days of the issuance of the out-of-service order.
A request for a review does not stay the out-of-service order. A request for
an out-of-service review must be made in writing and forwarded to the manager
of the Motor Carrier Bureau. If requested, a review will be scheduled and
conducted by the manager of the Motor Carrier Bureau or the director's designee
within 10 business days of the issuance of the out-of-service order. A request
for review should be addressed to the Texas Department of Public Safety, Motor
Carrier Bureau, P.O. Box 4087, Austin, Texas 78773-0521 or may be sent by
facsimile transmission to (512) 424-5712 or via electronic mail at MotorCarrierBureau@txdps.state.tx.us.
The department may conduct the review by telephone conference call. An out-of-service
review should be conducted within 3 business days of the date of receipt of
the request for a review.
(b)
A request for review under subsection (a) of this section
must contain the following: a concise statement of the issues to be contested
at the review.
(c)
A final agency decision on an out-of-service order
is subject to Texas Government Code, Chapter 2001. Judicial review is subject
to the substantial evidence rule under Texas Government Code, §2001.174.
A final agency decision is:
[
Failure to respond as outlined in
subsections (a) or (b) of this section will deem the out-of-service order
as a Final Department Decision.
]
(1)
the initial order if the affected
person fails to respond as outlined in subsections (a) or (b) of this section,
or
(2)
the decision as a result of
a review under subsection (a) or (b) of this section.
§4.19.Administrative Action by the Texas Department of Transportation.
(a)
The director or the director's designee will determine
whether the department will request the Texas Department of Transportation
to revoke a registration issued by the Texas Department of Transportation
based upon the department's compliance review or safety audit. The director
or the director's designee will determine whether the department will request
the Texas Department of Transportation to take administrative action against
a carrier required to register with the Texas Department of Transportation
under Chapter 643 of the Texas Transportation Code.
(b)
This determination may be based upon the following:
(1)
an unsatisfactory safety rating under Title 49, Code of
Federal Regulations, Part 385; [
and/or
]
(2)
multiple violations of Texas
Transportation Code, Chapter 644, a rule adopted under Texas Transportation
Code, Chapter 644, or Texas Transportation Code, Subtitle C (Relating to Rules
of the Road, and/or
(3)
[
(2)
] not properly registering as
a motor carrier with the Texas Department of Transportation as required in
Texas Transportation Code, Chapter 643.
(c)
Once the determination has been made the director or the
director's designee will forward a letter to the executive director of the
Texas Department of Transportation requesting said department initiate an
administrative action against the motor carrier.
(d)
Any administrative action initiated by the Texas Department
of Transportation, pursuant to this section, shall be administered in the
manner specified by the rules of the Texas Department of Transportation.
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.
Filed with the Office of
the Secretary of State on February 22, 2005.
TRD-200500802
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 10, 2005
For further information, please call: (512) 424-2135