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Texas Register Preamble


The Texas Department of Public Safety (DPS) proposes a new Chapter 4, Subchapters A-D, §§4.1, 4.2, 4.11-4.20, 4.31-4.37, and 4.51-4.55 concerning Commercial Vehicle Regulations and Enforcement Procedures.

This new Chapter 4 is filed simultaneously with the repeal of current Chapter 4 (Capitol Police) in its entirety and current §§3.59, 3.62, 3.74, 3.101, 3.111, 11.1-11.5, 11.51-11.53, 11.61, 21.6, 23.101, and 23.102. The department will also simultaneously be filing new rules relating to Capitol Police which will be located in 37 TAC Chapter 3. Because §§3.59, 3.62, 3.74, 3.101, 3.111, 11.1-11.5, 11.51-11.53, 11.61, 21.6, 23.101, and 23.102 all pertain to some type of commercial vehicle enforcement procedures, they are also being simultaneously filed as new sections within this new Chapter 4. The department believes that by combining all commercial vehicle enforcement regulations and procedures into one chapter, that the public and motor carriers will have greater access to the rules promulgated by the agency that address commercial vehicle enforcement procedures.

Subchapter A: Regulations Governing Hazardous Materials. This proposed subchapter contains all of the regulations that address the safe transportation of hazardous materials and the procedures for the mitigation of hazardous material transportation emergencies. The proposed rule incorporates amendments and changes made to the Federal Hazardous Material Regulations by the U.S. Department of Transportation, thereby ensuring that the department's rule for the transportation of hazardous material reflects current federal regulations.

Subchapter B: Regulations governing Transportation Safety. This proposed subchapter contains all of the regulations that address the safe operation of commercial motor vehicles in Texas. This proposed subchapter incorporates changes made to Texas Transportation Code, Chapters 548 and 644, by the 78th Texas Legislature, Regular Session (2003) in Senate Bill 1184 and House Bill 3588. The proposed rules incorporate changes to the definition of the term "commercial vehicle", changes to the procedures used by the department in the assessment of administrative penalties, changes in the hours of service regulations for commercial vehicles operating intrastate, and incorporate recent changes made to the Federal Motor Carrier Safety Regulations by the U.S. Department of Transportation.

Subchapter C: Commercial Vehicle Registration and Inspection Enforcement. This proposed subchapter consolidates the basic enforcement guidelines for the registration requirements of commercial motor vehicles into one subchapter so that the public and motor carriers will have greater access to these rules. The subchapter also incorporates the commercial motor vehicle compulsory inspection program into one subchapter so that the public and motor carriers will have greater access to these rules. Changes to the term "commercial vehicle" are incorporated into the rules per the requirements of Senate Bill 1184 and House Bill 3588.

Subchapter D: Commercial Vehicle Weight, Length, and Size Enforcement. This proposed subchapter consolidates the requirements for weighing and reducing excess cargo from loaded vehicles, the minimum standards for scales used for law enforcement purposes, and the methods used by the department to determine allowable vehicle length into one subchapter so that the public and motor carriers will have greater access to these rules.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the rules are in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of enforcing the rules will be to ensure to the public greater compliance by motor carriers with all of the statutes and regulations pertaining to the safe operation of commercial vehicles in this state. There is no adverse economic impact anticipated for individuals, small businesses, or micro-businesses.

Comments on the proposal may be submitted to Mark Rogers, Major, Texas Highway Patrol Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0520, (512) 424-2116.

The new sections are proposed pursuant to Texas Government Code, §§411.004(3), 411.006(4) and 411.018, which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work, and which authorizes the director to adopt rules regulating the safe operation of commercial motor vehicles and the safe transportation of hazardous materials; and Texas Transportation Code, §548.002 and § 644.003.

This proposal affects Texas Government Code, §§411.004(3), 411.006(4), 411.018 and Texas Transportation Code, §548.002 and §644.003.



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