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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 50,000 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 500,000 or more;

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

    (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;

    (E) a municipality with a population of less than 5,000 that is located adjacent to a bay connected to the Gulf of Mexico and in a county adjacent to a county with a population greater than 3.3 million;

    (F) a municipality with a population of 60,000 or more any part of which is located in a county with a population of 750,000 or more and in two or more counties with a combined population of one million or more; or

    (G) a municipality with a population of at least 34,000 that is located in a county that borders two or more states.

  (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 constable, or deputy constable, designated under Texas Transportation Code, §621.4015, 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 within the county a motor vehicle subject to Texas Transportation Code, Chapter 644.

  (7) 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) successfully complete the Texas Intrastate Roadside Inspection Course (Part C), if initial certification occurs on or after January 1, 2006, or if recertification is required under subsection (c)(4) of this section; and

    (C) participate in an on-the-job training program following the North American Standard Roadside Inspection Course with a certified officer and perform a minimum of 32 level I inspections. These inspections should be completed as soon as practicable, but no later than six months after course completion.

  (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 the Hazardous Materials Inspection Course; and

    (C) participate in an on-the-job training program following this course with a certified officer and perform a minimum of 16 level I inspections on vehicles containing non-bulk quantities of hazardous materials. These inspections should be completed as soon as practicable, but no later than six months after course completion.

  (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 the Hazardous Materials Inspection Course;

    (C) successfully complete the Cargo Tank Inspection Course; and

    (D) participate in an on-the-job training program following this course with a certified officer and perform a minimum of 16 level I inspections on vehicles transporting hazardous materials in cargo tanks. These inspections should be completed as soon as practicable, but no later than six months after course completion.

  (4) Other Bulk Packaging. Certain peace officers from the municipalities and counties specified in subsection (a) of this section and eligible to enforce the Other Bulk Packaging requirements must:

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

    (B) successfully complete the Hazardous Materials Inspection Course;

    (C) successfully complete the Cargo Tank Inspection Course; and

    (D) successfully complete the Other Bulk Packaging Course.

  (5) Passenger Vehicle. Certain peace officers from the municipalities and counties specified in subsection (a) of this section and eligible to enforce the passenger vehicle requirements must:

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

    (B) successfully complete the Passenger Vehicle Inspection Course; and

    (C) participate in an on-the-job training program following this course with a certified officer and perform a minimum of 8 level I or V inspections on passenger vehicles such as motor coaches/buses. These inspections should be completed as soon as practicable, but no later than six months after course completion.

  (6) 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.

  (7) 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

Cont'd...

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