The Texas Department of Public adopts 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, without changes to the proposed text as published in the November 14, 2003, issue of the Texas Register (28 TexReg 10094).

The adoption of this new Chapter 4 is filed simultaneously with the adopted 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 is also simultaneously adopting new rules relating to Capitol Police which are now 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 adopted as new sections within this new Chapter 4. The department believes that by combining all commercial vehicle enforcement regulations and procedures into one chapter, 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 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 subchapter 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 subchapter contains all of the regulations that address the safe operation of commercial motor vehicles in Texas. This 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 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 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 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.

On December 30, 2003, the department held a public hearing to receive comment(s) from all interested person(s) regarding adoption of the new sections. No person(s) appeared at the public hearing nor were any comment(s) received.

The new sections are adopted 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.