Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 3.
TRAFFIC LAW ENFORCEMENT
Subchapter D. TRAFFIC SUPERVISION
37 TAC §3.62
The Texas Department of Public Safety proposes amendments
to §3.62, concerning Regulations Governing Transportation Safety. Amendments
to the section are necessary in order to implement changes resulting from
revisions, additions, and interpretations to the Federal Motor Carrier Safety
Regulations, Title 49, Code of Federal Regulations, Parts 350, 387, and 392.
Section 3.62 is amended to implement the registration enforcement provisions
of the Federal Motor Carrier Safety Regulations, Title 49, Code of Federal
Regulations, Parts 350, 387, and 392.
Additional amendments are included in order to clarify language of existing
provisions of §3.62.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the section is in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Haas also has determined that for each year of the first five-year
period the section is in effect the public benefit anticipated as a result
of enforcing the 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 this state. Adverse economic impact
on individuals, small businesses or micro-businesses could result from noncompliance
with these proposed revisions to §3.62. The cost of compliance for micro-businesses
and small businesses is the same as for the largest businesses affected by
this rule, per cost per employee or hour of labor, specifically, the cost
of obtaining an annual motor carrier certificate of registration from the
Texas Department of Transportation is $100, plus a $100 auto liability insurance
filing fee, and a vehicle fee of $10 per vehicle. The total cost of compliance
per individual, small business, or micro-business is dependent on the number
of vehicles being operated. There is no adverse economic impact anticipated
for individuals, small businesses, or micro-businesses that are in compliance
with these proposed amendments as required by current federal regulations.
Comments on the proposal may be submitted to Coy Clanton, Major, Traffic
Law Enforcement Division, Texas Department of Public Safety, PO Box 4087,
Austin, Texas 78773-0520, (512) 424-7788.
The amendments are proposed pursuant to Texas Transportation
Code, Chapter 644, and Texas Government Code, §411.006(4) and §411.018,
which provide the director of the Texas Department of Public Safety with the
authority to establish rules for the conduct of the work of the Texas Department
of Public Safety, and which authorize the director to adopt rules regulating
the safe operation of commercial motor vehicles and the safe transportation
of hazardous materials.
This proposal affects Texas Transportation Code, Chapter 644, and Texas
Government Code, §411.006(4) and §411.018.
§3.62.Regulations Governing Transportation Safety.
(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 382, 385, 386,
387,
390-393,
and 395-397 including amendments and interpretations thereto. The rules adopted
herein are to ensure that:
(1)-(2)
(No change.)
(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 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)-(6)
(No change.)
(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
[
(8)-(12)
(No change.)
(c)
Applicability.
(1)
The regulations shall be applicable to the following vehicles:
(A)
(No change.)
(B)
a farm vehicle with an actual gross weight, a registered
gross weight, or a gross weight rating [
(C)-(D)
(No change.)
(2)-(4)
(No change.)
(5)
The regulations contained in Title 49,
Code of Federal Regulations, Part 392.9a, and all amendments 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, §643. Motor carriers
placed out-of-service under Title 49, Code of Federal Regulations, Part 392.9a
may request a review under subsection (q) of this section. All costs associated
with the towing and storage of a vehicle and load declared out-of-service
under subsection (c)(5) shall be the responsibility of the motor carrier and
not the department or the State of Texas.
(6)
[
(7)
[
(d)-(j)
(No change.)
(k)
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)-(3)
(No change.)
(4)
Safety Fitness Rating.
(A)-(D)
(No change.)
(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
[
(F)-(H)
(No change.)
(l)-(o)
(No change.)
(p)
Payment, Collection and Settlement of Administrative Penalty.
(1)
Payment. A person who is subject to an administrative penalty
imposed by the
department
[
(A)-(B)
(No change.)
(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(d)
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 through the following options:
(A)
(No change.)
(B)
Prior to issuing the impoundment order, 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, or by personal
service requiring a response within 20 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 DAYS WILL RESULT IN THIS NOTICE
OF CLAIM BEING DEEMED A
'FINAL
[
(C)
(No change.)
(3)-(5)
(No change.)
(q)
Intrastate Operating Authority Out-of-Service Review
[
(1)
A motor carrier may request a review of the out-of-
service order within 10 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 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 78773-0571 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
[
(2)
A request for review under paragraph (1) of this subsection
must contain
[
[
[
[
[
(3)
Failure to respond as outlined in paragraphs (1) or
(2) of this subsection will deem the out-of-service order as a Final Department
Decision
[
[
(r)
Administrative Action by the
Texas Department of Transportation.
(1)
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.
(2)
This determination may be based
upon the following:
(A)
an unsatisfactory safety rating under Title
49, Code of Federal Regulations, Part 385; and/or
(B)
not properly registering as a motor carrier
with the Texas Department of Transportation as required in Texas Transportation
Code, §643.
(3)
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.
(4)
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 April 10, 2003.
TRD-200302357
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 424-2135
Chapter 91.
PROGRAM SERVICES
Subchapter A. BASIC SERVICES
37 TAC §91.25
The Texas Youth Commission (TYC) proposes new §91.25,
concerning Youth With Limited English Proficiency. The new section will provide
for reasonable access to all programs and services for TYC youth's who are
determined to have Limited English Proficiency. Limited English Proficiency
is the term to identify youth who have insufficient English to succeed in
the English-only environment within TYC.
Don McCullough, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Mr. McCullough also has determined that for each year of the first five
years the section is in effect the public benefit anticipated as a result
of enforcing the section will be compliance with the federal and state laws
relating to youth who do not speak English. There will be no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the section as proposed. No private real property rights are
affected by adoption of this rule.
Comments on the proposal may be submitted to DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765,
or email to deanna.lloyd@tyc.state.tx.us.
The new section is proposed under the Human Resources Code, §61.022,
which provides the Texas Youth Commission with the authority to comply with
federal and state laws related to youth who do not speak English.
The proposed rule affects the Human Resource Code, §61.034.
§91.25.Youth With Limited English Proficiency
(a)
Purpose. The Texas Youth Commission will provide reasonable
access to all programs and services for youth that are determined to have
a Limited English Proficiency (LEP).
(b)
Explanation of Term Used. Limited English Proficiency (LEP)-
is the term to identify youth who have insufficient English to succeed in
the English-only environment within TYC.
(c)
Assessment Criteria in Determining LEP.
(1)
Upon admission to Marlin Orientation and Assessment Unit
(MOAU), all youth are screened to determine if a language other than English
is primary. Youth with a primary language other than English are assessed
for the degree of English proficiency.
(2)
The results and conclusions of all educational, psychological
and other assessments will consider the possible influence of the limited
English proficiency on the outcome or test scores.
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 April 9, 2003.
TRD-200302352
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 424-6014
Subchapter A. SECURITY AND CONTROL
37 TAC §97.40
The Texas Youth Commission (TYC) proposes an amendment to §97.40,
concerning Security Program. The amendment to the section will establish that
this rule does not apply to youth who are in the security unit due to danger
of injury to self.
Don McCullough, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Mr. McCullough also has determined that for each year of the first five
years the section is in effect the public benefit anticipated as a result
of enforcing the section will be to provide for the safety of youth and staff
at TYC institutions. There will be no effect on small businesses. There is
no anticipated economic cost to persons who are required to comply with the
section as proposed. No private real property rights are affected by adoption
of this rule.
Comments on the proposal may be submitted to DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765,
or email to deanna.lloyd@tyc.state.tx.us.
The amendment is proposed under the Human Resources Code, §61.045,
which provides the Texas Youth Commission with the authority to take appropriate
measures to ensure the safety of a youth.
The proposed rule affects the Human Resource Code, §61.034.
§97.40.Security Program.
(a)
(No change.)
(b)
Applicability.
(1)
This rule does not apply to:
(A)-(C)
(No change.)
(D)
the use of the same or adjacent space
when used specifically as protective custody. See (GAP) §97.45 of this
title (relating to Protective Custody);
(E)
[
(F)
[
(2)
(No change.)
(c)
Admission Criteria. A youth may be admitted to the security
program if there is reason to believe, based on overt acts by the youth, and/or
under the following circumstances:
(1)
(No change.)
(2)
the youth is a serious and immediate physical danger to
[
(3)-(6)
(No change.)
(d)-(f)
(No change.)
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 April 9, 2003.
TRD-200302339
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 424-6014
37 TAC §97.43
The Texas Youth Commission (TYC) proposes an amendment to §97.43,
concerning Institution Detention Program. The amendment to the section will
establish that this rule does not apply to youth who are in the security unit
due to danger of injury to self.
Don McCullough, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Mr. McCullough also has determined that for each year of the first five
years the section is in effect the public benefit anticipated as a result
of enforcing the section will be to provide for the safety of youth and staff
at TYC institutions. There will be no effect on small businesses. There is
no anticipated economic cost to persons who are required to comply with the
section as proposed. No private real property rights are affected by adoption
of this rule.
Comments on the proposal may be submitted to DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765,
or email to deanna.lloyd@tyc.state.tx.us.
The amendment is proposed under the Human Resources Code, §61.045,
which provides the Texas Youth Commission with the authority to take appropriate
measures to ensure the safety of a youth.
The proposed rule affects the Human Resource Code, §61.034.
§97.43.Institution Detention Program.
(a)
(No change.)
(b)
Applicability.
(1)
(No change.)
(2)
This rule does not apply to:
(A)-(D)
(No change.)
(E)
the use of the same or adjacent
space when used specifically as protective custody. See (GAP) §97.45
of this title (relating to Protective Custody);
(F)
[
(G)
[
(c)-(f)
(No change.)
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 April 9, 2003.
TRD-200302338
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 424-6014
Chapter 152.
INSTITUTIONAL DIVISION
Subchapter B. MAXIMUM SYSTEM CAPACITY OF THE INSTITUTIONAL DIVISION
.
]
products
], farm machinery,
and farm supplies to or from a farm or ranch;
in excess
] of 48,000 pounds
or more
when operating intrastate;
(5)
] All regulations contained in
Title 49, Code of Federal Regulations, Parts 382, 385, 386,
387,
390-393
and 395-397, and all amendments thereto pertaining to interstate drivers and
vehicles are also adopted except as otherwise excluded.
(6)
] 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.
Attorney General
] from
a request from the director of the Texas Department of Public Safety. Each
day of operation constitutes a separate violation.
Department
] as authorized
by §644.153(d) is required to pay the administrative penalty. The administrative
penalty may be paid through one of the following options:
"FINAL
] DEPARTMENT
DECISION.'
[
DECISION."
]
A
[
"A
] PERSON
WHO IS SUBJECT TO AN ADMINISTRATIVE PENALTY IMPOSED BY THE DEPARTMENT UNDER
THIS SUBCHAPTER 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 THIS SUBCHAPTER 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."
Suspension and revocation by the Texas Department of Transportation
].
The director will determine whether
the department will request the Texas Department of Transportation to suspend
or revoke a registration issued by the Texas Department of Transportation
based upon the department's compliance review
].
This determination may be based upon
] the following:
a concise statement of the issues to be contested at the review.
(A)
an unsatisfactory safety rating
under Title 49, Code of Federal Regulations, Part 385;]
(B)
multiple violations of Texas
Transportation Code, §644;]
(C)
multiple violations of one
of these rules; and/or,]
(D)
multiple violations of the
Uniform Traffic Act or Transportation Code.]
Once the determination has been made the director will
forward a letter to the executive director of the Texas Department of Transportation
requesting said department initiate a suspension/revocation proceeding against
the motor carrier
].
(4)
Any suspension/revocation
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.]
Part 3.
TEXAS YOUTH COMMISSION
Chapter 97.
SECURITY AND CONTROL
(D)
] the use of the same or adjacent
space when used specifically as temporary admission. See (GAP) §85.41
of this title (relating to Temporary Admission Awaiting Transportation);
(E)
] the aggression management
program (AMP). See (GAP) §95.21 of this title (relating to Aggression
Management Program).
himself/herself or
] others and staff cannot protect
them
[
the youth or others
] except by admitting the youth to security
program; or
(E)
] the use of the same or adjacent
space when used specifically as temporary admission. See (GAP) §85.41
of this title (relating to Temporary Admission Awaiting Transportation); and
(F)
] the aggression management program
(AMP). See (GAP) §95.21 of this title (relating to Aggression Management
Program).
Part 6.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE