37 TAC §§4.11 - 4.13
The Texas Department of Public Safety (Department) adopts
amendments to Chapter 4, Subchapter B, §§4.11 - 4.13, concerning
Regulations Governing Transportation Safety, without changes to the proposed
text as published in the November 24, 2006, issue of the
Texas Register
(31 TexReg 9570).
Adopted amendments to §4.11(a) are necessary in order ensure that
the Federal Motor Carrier Safety Regulations, incorporated by reference in
the section, reflect all amendments and interpretations issued through November
1, 2006. The adopted amendment to §4.11(c)(2) is necessary so that the
language in this provision is consistent with amended language recently made
in Title 49, Code of Federal Regulations, Part 392.9a, to which it refers.
Adopted amendments to §4.12 are necessary in order to correct inaccuracies
in citing certain parts of Title 49, Code of Federal Regulations.
Adopted amendments to §4.13 are necessary in order to clarify the
certification requirements for inspections conducted on passenger vehicles
and on vehicles transporting hazardous materials in Other Bulk Packaging.
On November 30, 2006, the Department held a public hearing to receive comments
from all interested persons regarding the adoption of the amendments. No comments
were received regarding adoption of the 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 January 8, 2007.
TRD-200700028
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: January 28, 2007
Proposal publication date: November 24, 2006
For further information, please call: (512) 424-2135