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Historical Rule for the Texas Administrative Code

TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 1TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 4COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES
SUBCHAPTER BREGULATIONS GOVERNING TRANSPORTATION SAFETY
RULE §4.13Authority to Enforce, Training and Certificate Requirements

(a) Authority to Enforce.

  (1) An officer of the department may stop, enter or detain on a highway or at a port of entry a motor vehicle that is subject to Texas Transportation Code, Chapter 644.

  (2) A non-commissioned employee of the department that is trained and certified to enforce the federal safety regulations may stop, enter or detain at a fixed-site facility, or at a port of entry, a motor vehicle that is subject to Texas Transportation Code, Chapter 644.

  (3) An officer of the department or a non-commissioned employee of the department that is trained and certified to enforce the federal safety regulations may prohibit the further operation of a vehicle on a highway or at a port of entry if the vehicle or operator of the vehicle is in violation of Texas Transportation Code, Chapter 522, or a federal safety regulation or rule adopted under Texas Transportation Code, Chapter 644, by declaring the vehicle or operator out-of-service using the North American Standard Out-of-Service Criteria as a guideline.

  (4) Municipal police officers from any of the following Texas cities meeting the training and certification requirements contained in subsection (b) of this section and certified by the department may stop, enter or detain on a highway or at a port of entry within the municipality a motor vehicle subject to Texas Transportation Code, Chapter 644:

    (A) a municipality with a population of 100,000 or more;

    (B) a municipality with a population of 25,000 or more, any part of which is located in a county with a population of two million or more;

    (C) a municipality any part of which is located in a county bordering the United Mexican States; or,

    (D) a municipality with a population of less than 25,000, any part of which is located in a county with a population of 2.4 million and that contains or is adjacent to an international port.

  (5) A sheriff, or deputy sheriff from any of the following Texas counties meeting the training and certification requirements contained in subsection (b) of this section and certified by the department, may stop, enter or detain on a highway or at a port of entry within the county a motor vehicle subject to Texas Transportation Code, Chapter 644:

    (A) a county bordering the United Mexican States, or

    (B) a county with a population of 2.2 million or more.

  (6) A certified peace officer from an authorized municipality or county may prohibit the further operation of a vehicle on a highway or at a port of entry within the municipality or county if the vehicle or operator of the vehicle is in violation of Texas Transportation Code, Chapter 522, or a federal safety regulation or rule adopted under Texas Transportation Code, Chapter 644, by declaring the vehicle or operator out-of-service using the North American Standard Out-of-Service Criteria as a guideline.

(b) Training and Certification Requirements.

  (1) Minimum standards. Certain peace officers from the municipalities and counties specified in subsection (a) of this section before being certified to enforce this article must meet the following standards:

    (A) successfully complete the North American Standard Roadside Inspection Course;

    (B) participate in an on-the-job training program following each course with a certified officer and perform a minimum of 30 level one inspections.

  (2) Hazardous materials. Certain peace officers from the municipalities and counties specified in subsection (a) of this section and eligible to enforce the Hazardous Materials Regulations must:

    (A) successfully complete the North American Standard Roadside Inspection Course;

    (B) successfully complete a Basic Hazardous Materials Course;

    (C) participate in an on-the-job training program following each course with a certified officer and perform a minimum of 16 level one inspections.

  (3) Cargo Tank Specification. Certain peace officers from the municipalities and counties specified in subsection (a) of this section and eligible to enforce the Cargo Tank Specification requirements must:

    (A) successfully complete the North American Standard Roadside Inspection Course;

    (B) successfully complete a Basic Hazardous Materials Course;

    (C) successfully complete a Cargo Tank Inspection Course.

    (D) participate in an on-the-job training program following each course with a certified officer and perform a minimum of 16 level one inspections.

  (4) Motor Coach. Certain peace officers from the municipalities and counties specified in subsection (a) of this section and eligible to enforce motor coach requirements must:

    (A) successfully complete the North American Standard Roadside Inspection Course;

    (B) successfully complete a Motor Coach Inspection Course;

    (C) participate in an on-the-job training program following each course with a certified officer and perform a minimum of 24 level I or V inspections.

  (5) Training provided by the department. When the training is provided by the Texas Department of Public Safety, the department shall collect fees in an amount sufficient to recover from municipalities and counties the cost of certifying its peace officers. The fees shall include:

    (A) the per diem costs of the instructors established in accordance with the Appropriations Act regarding in-state travel;

    (B) the travel costs of the instructors to and from the training site;

    (C) all course fees charged to the department;

    (D) all costs of supplies; and

    (E) the cost of the training facility, if applicable.

  (6) Training provided by other training entities. A public or private entity desiring to train police officers in the enforcement of the Federal Motor Carrier Safety Regulations must:

    (A) submit a schedule of the courses to be instructed;

    (B) submit an outline of the subject matter in each course;

    (C) submit a list of the instructors and their qualifications to be used in the training course;

    (D) submit a copy of the examination;

    (E) submit an estimate of the cost of the course;

    (F) receive approval from the director prior to providing the training course;

    (G) provide a list of all peace officers attending the training course, including the peace officer's name, rank, agency, social security number, dates of the course, and the examination score; and

    (H) receive from each peace officer, municipality, or county the cost of providing the training course(s).

(c) Maintaining Certification.

  (1) To maintain certification to conduct inspections and enforce the federal safety regulations, a peace officer must:

    (A) Successfully complete the required annual certification training.

    (B) Perform a minimum of 32 Level I or Level V inspections per calendar year.

    (C) If the officer is certified to perform hazardous materials inspections, at least eight inspections (Levels I or II) shall be conducted on vehicles containing non-bulk quantities of hazardous materials.

    (D) If the officer is certified to perform cargo tank/bulk packaging inspections, at least eight inspections (Levels I or II) shall be conducted on vehicles transporting hazardous materials in cargo tanks.

    (E) If the officer is certified to perform motorcoach/bus inspections, at least eight of the inspections (Levels I or V) shall be conducted on motorcoaches/buses.

  (2) In the event an officer does not meet the requirements of subsection (c) of this section, his or her certification shall be suspended.

  (3) To be recertified, after suspension, an officer shall pass the applicable examinations which may include the North American Standard Inspection, the General Hazardous Materials Inspection Course, the Cargo Tank/Bulk Packaging Inspection Course, and/or the Motorcoach/Bus Inspection Course and repeat the specified number of inspections with a certified officer.

  (4) Any officer failing any examination, or failing to successfully demonstrate proficiency in conducting inspections after allowing any certification to lapse will be required to repeat the entire training process as outlined in subsection (b) of this section.


Source Note: The provisions of this §4.13 adopted to be effective March 9, 2004, 29 TexReg 2376; amended to be effective January 4, 2005, 29 TexReg 12235

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