The Texas Department of Public Safety adopts amendments to §4.11 and §§4.13 - 4.19, concerning Regulations Governing Transportation Safety, without changes to the proposed text as published in the March 11, 2005, issue of the Texas Register (30 TexReg 1427).

The amendments to §4.11 are 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 amendments to §4.13 are necessary in order to clarify the initial training and certification requirements for peace officers certified under this section.

The amendments to §4.14 are 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 amendments to §4.15 are 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 amendments to §4.16 are necessary in order to clarify department procedures for the collection of administrative penalties assessed and the issuance of impoundment orders.

The amendments to §4.17 are 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 amendments to §4.18 are 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 amendments to §4.19 are necessary in order to make this section consistent with the associated statute, Texas Transportation Code, §643.252.

On April 11, 2005, the department held a public hearing to receive comment(s) from all interested person(s) regarding adoption of the amendments. No person(s) appeared at the public hearing nor were any comment(s) received.

The amendments are adopted 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.