37 TAC §3.62
The Texas Department of Public Safety adopts an amendment
to §3.62, concerning Regulations Governing Transportation Safety, without
changes to the proposed text as published in the December 3, 1999, issue of
the
Texas Register
(24 TexReg 10834) and will
not be republished.
The justification for this section 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 the state and are necessary
to implement changes resulting from the passage of Senate Bills 370 and 1019
by the 76th Texas Legislature and revisions to the Federal Motor Carrier Safety
Regulations by the U.S. Congress.
Section 3.62 is amended to implement the use of non-commissioned personnel
within the Department's License & Weight Service. Senate Bill 370 authorizes
the use of non-commissioned personnel to conduct roadside inspections of commercial
vehicles at fixed-site facilities and to conduct compliance reviews of motor
carrier operations.
A second amendment is needed to implement the provisions of Senate Bill
1019 authorizing the Department to impound any commercial vehicle that is
being operated by or under the direction of a person who has failed to pay
an administrative penalty assessed under the Compliance Review Program. The
amendment establishes the procedures for assessment of an administrative penalty
for violation of the safety regulations, notification to the motor carrier,
and the impoundment of the commercial vehicles under certain circumstances.
A third amendment is provided to implement the changes in the amount of
the administrative penalties that can be assessed for violation of the Federal
Hazardous Materials Regulations and the Federal Motor Carrier Safety Regulations.
This amendment will allow the Department to remain consistent with the federal
penalties that were increased by Congress in Public Law 105-178 for violation
of the safety regulations.
A fourth amendment implements a change in the municipal police officers
that are eligible to be trained and certified to enforce the Motor Carrier
Safety Standards. Senate Bill 370 provides that police officers from 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 are eligible to be trained and certified under this program.
The Department is also changing the bureau to which the vision waiver requests
are submitted from the Motor Carrier Bureau to the License Issuance Bureau.
In addition, all references to Texas Civil Statutes are being revised to properly
reflect the Texas Transportation Code cites.
On January 25, 2000, the department held a public hearing to receive comment(s)
from all interested person(s) regarding adoption of the amendments. No person(s)
appeared at the public hearing nor were any comments received.
The amendments are adopted pursuant to Texas Transportation Code, §644.003,
which authorizes the department to adopt rules to administer Chapter 644,
regarding Commercial Motor Vehicle Safety Standards; Texas Government Code, §411.004(3),
which authorizes the commission to adopt rules considered necessary for carrying
out the department's work; and Texas Government Code, §411.018, which
authorizes the director and department to adopt rules related to transportation
of hazardous materials.
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 February 29, 2000.
TRD-200001514
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: March 20, 2000
Proposal publication date: December 3, 1999
For further information, please call: (512) 424-2135