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 §4.13Authority to Enforce, Training and Certificate Requirements
ISSUE 03/31/2006
ACTION Proposed
Preamble Texas Admin Code Rule

(a) - (b)(No change.)

(c)Maintaining Certification.

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

    (A) - (B)(No change.)

    (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, at least eight of the inspections (Levels I, II or V) shall be conducted on vehicles transporting hazardous materials in other bulk packaging per calendar year. Level I inspections on vehicles containing other bulk packaging may also be used to satisfy the 32 Level I inspections required by subparagraph (B) of this paragraph.

    (F)If the officer is certified to perform passenger vehicle inspections, at least eight of the 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) - (4)(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 14, 2006

TRD-200601597

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Earliest possible date of adoption: April 30, 2006

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



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