(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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