| (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 commercial motor vehicle inspection
site, 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 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 with a population of less than 25,000,
any part of which is located in a county with a population of 3.3
million and that contains or is adjacent to an international port;
(D) a municipality with a population of at least 34,000
that is located in a county that borders two or more states;
(E) a municipality any part of which is located in
a county bordering the United Mexican States;
(F) 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;
(G) a municipality that is located within 25 miles
of an international port and in a county that does not contain a highway
that is part of the national system of interstate and defense highways
and is adjacent to a county with a population greater than 3.3 million;
(H) a municipality with a population of less than 8,500
that is the county seat and contains a highway that is part of the
national system of interstate and defense highways;
(I) a municipality located in a county with a population
between 60,000 and 66,000 adjacent to a bay connected to the Gulf
of Mexico;
(J) a municipality with a population of more than 40,000
and less than 50,000 that is located in a county with a population
of more than 285,000 and less than 300,000 that borders the Gulf of
Mexico;
(K) a municipality with a population between 18,000
and 18,500 that is located entirely in a county that:
(i) has a population of less than 200,000;
(ii) is adjacent to two counties that each have a population
of more than 1.2 million; and
(iii) contains two highways that are part of the national
system of interstate and defense highways.
(L) a municipality with a population of more than 3,000
and less than 10,000 that:
(i) contains a highway that is part of the national
system of interstate and defense highways; and
(ii) is located in a county with a population between
150,000 and 155,000.
(5) A sheriff, or deputy sheriff from any of the 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 700,000 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
standards detailed in this paragraph:
(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;
Cont'd... |
