Texas Register

TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 1TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 4COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES
SUBCHAPTER BREGULATIONS GOVERNING TRANSPORTATION SAFETY
RULE §4.14Municipal and County Certification Requirements
ISSUE 03/05/2004
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)Certain peace officers from an authorized municipality or county may be trained and certified to enforce the federal safety regulations provided the municipality or county:

  (1)executes a Memorandum of Understanding with the department concerning the working policies and procedures of the inspection program whereby the resources of all agencies will be maximized, duplication of efforts will be minimized, and uniformity in the inspection program will be maintained;

  (2)implements a program that ensures their officers are conducting the inspections following the guidelines approved by the department;

  (3)implements a program that ensures their officers perform the required number of inspections annually and successfully complete the required annual certification training to maintain the officers' certification;

  (4)agrees to suspend immediately any officer that fails to maintain their certification or that fails to perform the inspections following the guidelines approved by the department;

  (5)provides a list to the department by January 31st of each year of the officers that have been suspended and are no longer certified;

  (6)provides all roadside inspection data to the department through electronic systems that are compatible with the department's system within 15 business days of the inspection.

(b)Substantial non compliance with the provisions of the Memorandum of Understanding or the training, officer certification, or data-sharing requirements by the municipality or county, will constitute grounds to decertify the municipality's or county's authority to enforce the federal safety regulations.

(c)The failure of a municipality or county to show activity to the department within a twelve (12) month period will constitute grounds to decertify the municipality or county.

(d)Each municipality or county that has peace officers trained and certified to enforce the federal safety regulations shall be required to update and renew their Memorandum of Understanding with the department every two years after the effective date of the initial Memorandum of Understanding with the department. If the initial Memorandum of Understanding with the department does not have an effective date shown, then the effective date shall be the date of acceptance by the department.

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 February 18, 2004

TRD-200401136

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Effective date: March 9, 2004

Proposal publication date: November 14, 2003

For further information, please call: (512) 424-2135



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