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 03/31/2006
ACTION Proposed
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) - (5)(No change.)

  (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, and forwards paper copies immediately thereafter; and

  (7)(No change.)

(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, including timeliness of reporting data, will constitute grounds to decertify the municipality's or county's authority to enforce the federal safety regulations.

(c) - (d)(No change.)

(e)In determining whether a municipality meets the population threshold requirements of Texas Transportation Code, §644.101, the department will use either:

  (1)the most recent federal decennial census, or

  (2)a resolution or proclamation issued under the authority of the governing body of the municipality that attests and certifies that the population of the municipality, including the authorized extraterritorial jurisdiction of the municipality, meets or exceeds the population threshold amounts listed in Texas Transportation Code, §644.101.

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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