Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 4.
COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES
Subchapter A. REGULATIONS GOVERNING HAZARDOUS MATERIALS
37 TAC §4.1
The Texas Department of Public Safety adopts amendments to
Chapter 4, Subchapter A, §4.1, concerning Regulations Governing Hazardous
Materials, without changes to the proposed text as published in the March
31, 2006, issue of the
Texas Register
(31
TexReg 2838).
Adoption of the amendments to §4.1 is necessary in order to ensure
that the Federal Hazardous Material Regulations, incorporated by reference
in the section, reflect all amendments and interpretations issued through
February 1, 2006.
On April 25, 2006, the department held a public hearing to receive comments
from all interested persons regarding adoption of the proposed amendments.
No comments were received regarding adoption of the proposed amendments.
The amendments are adopted pursuant to Texas Government Code, §411.018,
which authorizes the director to adopt all or part of the federal hazardous
materials rules by reference; and Texas Transportation Code, §644.051,
which authorizes the director to adopt all or part of the federal safety regulations
by reference.
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 May 10, 2006.
TRD-200602588
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: May 30, 2006
Proposal publication date: March 31, 2006
For further information, please call: (512) 424-2135
37 TAC §§4.11 - 4.15, 4.21
The Texas Department of Public Safety adopts amendments to
Chapter 4, Subchapter B, §§4.11 - 4.15 and 4.21, concerning Regulations
Governing Transportation Safety, without changes to the proposed text as published
in the March 31, 2006, issue of the
Texas Register
(31 TexReg 2839).
Adoption of the amendments to §4.11 are necessary in order to ensure
that the Federal Motor Carrier Safety Regulations, incorporated by reference
in the section, reflect all amendments and interpretations issued through
that particular date.
Adoption of the amendments to §4.12 are necessary in order to correct
an inaccuracy made in citing the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 109-59). In addition,
outdated language is removed.
Adoption of the amendments to §4.13 are necessary in order to clarify
that Level I inspections conducted on vehicles containing non-bulk quantities
of hazardous materials, cargo tank vehicles, vehicles containing other bulk
packaging, and passenger vehicles also counts towards the general 32 Level
I inspection requirement per calendar year.
Adoption of the amendments to §4.14 are necessary in order to clarify
how the department will determine if a municipality meets the population threshold
amounts listed in Texas Transportation Code, §644.101, and clarify that
paper copies of roadside inspection reports must also be sent to the department
for timely quality control of uploaded data and that certified municipalities
and counties can be decertified for reporting data to the department in an
untimely manner.
Adoption of the amendments to §4.15 are necessary in order to clarify
when a final unsatisfactory safety rating and order to cease all intrastate
transportation becomes effective when a motor carrier evades service of these
documents, and to specify procedures for issuing an Order to Cease all or
part of a motor carrier's intrastate operations when they constitute an Imminent
Hazard.
Adoption of the amendments to §4.21 are necessary in order to clarify
that a dilute positive drug test is considered a valid positive test for reporting
purposes. However, a dilute negative drug test is not considered a valid positive
test for reporting purposes.
On April 25, 2006, the department held a public hearing to receive comments
from all interested persons regarding adoption of the proposed amendments.
No comments were received regarding adoption of the proposed amendments.
The amendments are adopted 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.
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 May 10, 2006.
TRD-200602589
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: May 30, 2006
Proposal publication date: March 31, 2006
For further information, please call: (512) 424-2135
Chapter 81.
INTERACTION WITH THE PUBLIC
Subchapter B. REGULATIONS GOVERNING TRANSPORTATION SAFETY
Part 3.
TEXAS YOUTH COMMISSION