Subchapter D. TRAFFIC SUPERVISION

The Texas Department of Public Safety (DPS) adopts new Subchapter J and Subchapter K, §§3.141-3.150 and 3.161-3.176, concerning Protection of State Buildings and Grounds and Parking and Traffic Administration, without changes to the proposed text as published in the November 14, 2003, issue of the Texas Register (28 TexReg 10083-10093).

These new subchapters are adopted simultaneously with the adopted repeal of current Chapter 4, Subchapters A and B, §§4.1- 4.10 and 4.31-4.46. Because of reorganization within the DPS, the department has reviewed its rules and determined that certain sections would be better situated within different chapters. Also due to this reorganization, the department has changed the title of Chapter 3 from Traffic Law Enforcement to Texas Highway Patrol.

Subchapter A: Protection of State Buildings and Grounds. These sections are necessary to provide a safe work environment for state officials and employees, to protect the grounds, public buildings, and property of the state, to regulate entrance to and public use of state-owned buildings, and to investigate criminal activity. These sections further promulgate regulations for evacuations, after-hour entrance, and control of key and lock systems.

Subchapter B: Grounds and Parking Administration. These sections are necessary to provide for the most equitable and economical parking facilities for state employees, state officials, and the visiting public. The sections further promulgate regulations regarding reserved parking, free parking, car pooling, traffic control, handicapped parking, impoundment of vehicles, penalties for violation, and administrative adjudication.

No comments were received regarding adoption of the new sections.

Subchapter J. PROTECTION OF STATE BUILDINGS AND GROUNDS

Subchapter A. PROTECTION OF STATE BUILDINGS AND GROUNDS

The Texas Department of Public adopts new Chapter 4, Subchapters A - D, §§4.1, 4.2, 4.11 - 4.20, 4.31 - 4.37, and 4.51 - 4.55, concerning Commercial Vehicle Regulations and Enforcement Procedures, without changes to the proposed text as published in the November 14, 2003, issue of the Texas Register (28 TexReg 10094).

The adoption of this new Chapter 4 is filed simultaneously with the adopted repeal of current Chapter 4 (Capitol Police) in its entirety and current §§3.59, 3.62, 3.74, 3.101, 3.111, 11.1 - 11.5, 11.51 - 11.53, 11.61, 21.6, 23.101, and 23.102. The department is also simultaneously adopting new rules relating to Capitol Police which are now located in 37 TAC Chapter 3. Because §§3.59, 3.62, 3.74, 3.101, 3.111, 11.1 - 11.5, 11.51 - 11.53, 11.61, 21.6, 23.101, and 23.102 all pertain to some type of commercial vehicle enforcement procedures, they are also being simultaneously adopted as new sections within this new Chapter 4. The department believes that by combining all commercial vehicle enforcement regulations and procedures into one chapter, the public and motor carriers will have greater access to the rules promulgated by the agency that address commercial vehicle enforcement procedures.

Subchapter A: Regulations Governing Hazardous Materials. This subchapter contains all of the regulations that address the safe transportation of hazardous materials and the procedures for the mitigation of hazardous material transportation emergencies. The subchapter incorporates amendments and changes made to the Federal Hazardous Material Regulations by the U.S. Department of Transportation, thereby ensuring that the department's rule for the transportation of hazardous material reflects current federal regulations.

Subchapter B: Regulations governing Transportation Safety. This subchapter contains all of the regulations that address the safe operation of commercial motor vehicles in Texas. This subchapter incorporates changes made to Texas Transportation Code, Chapters 548 and 644, by the 78th Texas Legislature, Regular Session (2003) in Senate Bill 1184 and House Bill 3588. The rules incorporate changes to the definition of the term "commercial vehicle," changes to the procedures used by the department in the assessment of administrative penalties, changes in the hours of service regulations for commercial vehicles operating intrastate, and incorporate recent changes made to the Federal Motor Carrier Safety Regulations by the U.S. Department of Transportation.

Subchapter C: Commercial Vehicle Registration and Inspection Enforcement. This subchapter consolidates the basic enforcement guidelines for the registration requirements of commercial motor vehicles into one subchapter so that the public and motor carriers will have greater access to these rules. The subchapter also incorporates the commercial motor vehicle compulsory inspection program into one subchapter so that the public and motor carriers will have greater access to these rules. Changes to the term "commercial vehicle" are incorporated into the rules per the requirements of Senate Bill 1184 and House Bill 3588.

Subchapter D: Commercial Vehicle Weight, Length, and Size Enforcement. This subchapter consolidates the requirements for weighing and reducing excess cargo from loaded vehicles, the minimum standards for scales used for law enforcement purposes, and the methods used by the department to determine allowable vehicle length into one subchapter so that the public and motor carriers will have greater access to these rules.

On December 30, 2003, the department held a public hearing to receive comment(s) from all interested person(s) regarding adoption of the new sections. No person(s) appeared at the public hearing nor were any comment(s) received.

Subchapter A. REGULATIONS GOVERNING HAZARDOUS MATERIALS

Subchapter A. COMMERCIAL VEHICLE REGISTRATION ENFORCEMENT

Subchapter A. GENERAL PROVISIONS

Subchapter H. COMMERCIAL MOTOR VEHICLE COMPULSORY INSPECTION PROGRAM