Texas Register
(25 TexReg 12155) and will not be
republished.
The justification for this section will be compliance with both federal
and state statutes and improved knowledge of hazardous materials information
by CDL operators carrying this type of cargo.
The department determined that the rule was in conflict with both federal
and state statutes by allowing for the renewal of a Commercial Driver License
(CDL) with a hazardous materials endorsement without reexamination if the
addition of the hazardous materials endorsement had occurred within the past
two years immediately preceding the date of renewal. Amendments to subsections
(a) and (b) delete language, which was in conflict with federal and state
statutes and will require a CDL applicant for renewal to take and pass the
hazardous materials knowledge examination in order to retain that endorsement.
No comments were received regarding adoption of the amendments.
The amendment is adopted pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work and Texas Transportation Code, §521.005.
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 March 8, 2001.
TRD-200101410
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 28, 2001
Proposal publication date: December 8, 2000
For further information, please call: (512) 424-2135