The Texas Department of Public Safety proposes amendments to §§4.11, and 4.13 - 4.19, concerning Regulations Governing Transportation Safety.

The amendment to §4.11 subsection (a) is necessary in order to ensure that the Federal Motor Carrier Safety Regulations, incorporated by reference in the section, reflects all amendments and interpretations issued through April 1, 2005. An additional amendment to §4.11 reformats subsection (c)(2) - (7) relating to applicability of regulations.

The amendment to §4.13 is necessary in order to clarify the initial training and certifications requirements for peace officers certified under this section.

The amendment to §4.14 is necessary in order to clarify what is required of certain municipalities and counties when an officer's certification status changes. Further amendment to the section reflects a change being made to the Memorandum of Understanding process utilized by the department for municipal and county certification requirements.

The amendment to §4.15 is necessary in order to further clarify department procedures for assigning motor carrier safety ratings in the Safety Audit Program and to establish a standard for judicial review of this process.

The amendment to §4.16 is necessary in order to clarify department procedures for the collection of administrative penalties assessed and the issuance of impoundment orders.

The amendment to §4.17 is necessary in order to clarify department procedures for conducting informal hearings, to describe when an administrative penalty becomes a final agency decision, and to establish a standard for judicial review of this process.

The amendment to §4.18 is necessary in order to clarify how an out-of-service order issued under this subchapter becomes a final agency decision, and to establish a standard for judicial review of this process.

The amendment to §4.19 is necessary in order to make this subsection consistent with the associated statute, Texas Transportation Code, §643.252.

Oscar Ybarra, 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. Ybarra 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 anticipated adverse economic effect on individuals, small businesses, or micro-businesses.

Comments on the proposal may be submitted to Mark Rogers, Major, Texas Department of Public Safety, Texas Highway Patrol Division, P.O. Box 4087, Austin, Texas 78773-0500, (512) 424-2116.

The amendments are proposed pursuant to Texas Transportation Code, §644.051, which authorizes the director to adopt rules regulating the safe transportation of hazardous materials and the safe operation of commercial motor vehicles; and authorizes the director to adopt all or part of the federal safety regulations by reference.

Texas Transportation Code, §644.051 is affected by this proposal.