Adopted Rules Title 37

TITLE 37. PUBLIC SAFETY AND CORRECTIONS

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 June 22, 2007, issue of the Texas Register (32 TexReg 3836).

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 June 1, 2007.

On July 10, 2007, the department held a public hearing to receive comments from all interested persons regarding adoption of the amendments. Mr. Douglas Brodie, Vice President-Government Affairs, Compliance Safety Systems appeared at the public hearing; however, he was interested in discussing other issues not related to this adoption.

No comments were received regarding adoption of the 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 July 27, 2007.

TRD-200703256

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Effective date: August 16, 2007

Proposal publication date: June 22, 2007

For further information, please call: (512) 424-2135

Subchapter B. REGULATIONS GOVERNING TRANSPORTATION SAFETY

37 TAC §§4.11, 4.12, 4.15, 4.21

The Texas Department of Public Safety adopts amendments to Chapter 4, Subchapter B, §§4.11, 4.12, 4.15, and 4.21 concerning Regulations Governing Transportation Safety, without changes to the proposed text as published in the June 22, 2007, issue of the Texas Register (32 TexReg 3837).

Adoption of the amendments to §4.11 is necessary in order to update the rule so that it reflects June 1, 2007 in subsection (a). The amendment is necessary in order to ensure that the Federal Motor Carrier Safety Regulations, incorporated by reference in this section, reflect all amendments and interpretations issued through that particular date for the subchapter.

Adoption of the amendments to §4.12 are necessary in order to add clarification to subsection (a)(2) of when split sleeper berth time can be used by drivers operating commercial vehicles in intrastate commerce.

Adoption of the amendments to §4.15 adds new paragraph (4) to subsection (b) and is necessary in order to clarify the department's enforcement options if a motor carrier's operations pose an imminent hazard.

Adoption of the amendments to §4.21 reformats the section and are necessary in order to provide that valid positive test results, releases and submittal of reports may be made via electronic mail, when the identity of the requestor and the security of the communication have been properly verified.