(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) - (7)(No change.) (8)agrees to investigate and determine whether a correction to the data needs to be made when that data is challenged; to notify the motor carrier and the department in writing of the results of the investigation within 10 days; and then to make any needed corrections and forward the corrected reports to the department immediately; [and ] (9)acknowledges that the department may conduct random in-person observation of inspections conducted in order to ensure that the officers maintain practical proficiency in the commercial vehicle inspection program;[.] (10)acknowledges that the primary purpose of certification to enforce federal safety regulations is to improve commercial vehicle safety and ensure voluntary compliance with applicable laws and regulations; (11)acknowledges that certification to enforce federal safety regulations may not be used as a primary method to generate program revenue through enforcement penalties or enhance criminal interdiction activities; and (12)acknowledges that officers certified to enforce federal safety regulations will not participate in secondary employment activities that present a conflict of interest related to their commercial vehicle enforcement duties. (b)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, or any other provision of this section, will constitute grounds to decertify the municipality's or county's authority to enforce the federal safety regulations. (c) - (e)(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 3, 2011
TRD-201100869 D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: April 17, 2011
For further information, please call: (512) 424-5848
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