| (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; and
(B) Perform a minimum of 32 Level I inspections per
calendar year.
(C) If the officer is certified to perform hazardous
materials inspections, at least eight inspections (Levels I, II or
V) shall be conducted on vehicles containing non-bulk quantities of
hazardous materials per calendar year. Level I inspections on vehicles
containing non-bulk quantities of hazardous materials may also be
used to satisfy the 32 Level I inspections required by subparagraph
(B) of this paragraph.
(D) If the officer is certified to perform cargo tank
inspections, at least eight inspections (Levels I, II or V) shall
be conducted on vehicles transporting hazardous materials in cargo
tanks per calendar year. Level I inspections on cargo tank vehicles
transporting hazardous materials may also be used to satisfy the 32
Level I inspections required by subparagraph (B) of this paragraph.
(E) If the officer is certified to perform other bulk
packaging inspections, the officer can use Level I inspections performed
on vehicles transporting hazardous materials in other bulk packaging
to satisfy the 32 Level I inspections required by subparagraph (B)
of this paragraph. Level I, II or V inspections on vehicles transporting
hazardous materials in other bulk packaging may also be used to satisfy
the eight inspections required by subparagraph (D) of this paragraph.
(F) If the officer is certified to perform passenger
vehicle inspections, at least eight inspections (Levels I or V) shall
be conducted on passenger vehicles such as motor coaches/buses per
calendar year. Level I inspections on passenger vehicles may also
be used to satisfy the 32 Level I inspections required by subparagraph
(B) of this paragraph.
(2) In the event an officer does not meet the requirements
of subsection (c) of this section, his or her certification shall
be suspended by the department. Such suspension action will be initiated
by the director or the director's designee.
(3) To be recertified, after suspension, an officer
shall pass the applicable examinations which may include the North
American Standard Roadside Inspection, the Hazardous Materials Inspection
Course, the Cargo Tank Inspection Course, the Other Bulk Packaging
Inspection Course, and/or the Passenger Vehicle 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.
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| 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; amended to be effective May 22, 2005, 30 TexReg 3031; amended to be effective September 22, 2005, 30 TexReg 6065; amended to be effective January 24, 2006, 31 TexReg 404; amended to be effective May 30, 2006, 31 TexReg 4442; amended to be effective October 1, 2006, 31 TexReg 8109; amended to be effective January 28, 2007, 32 TexReg 245; amended to be effective January 2, 2008, 32 TexReg 10056; amended to beeffective June 11, 2008, 33 TexReg 4527; amended to be effective April 9, 2013, 38 TexReg 2227 |
