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Texas Register Preamble


The Texas Department of Public Safety proposes amendments to §§4.11, 4.13, and 4.16 concerning Regulations Governing Transportation Safety. The amendment to §4.11 updates the rule so that it reflects July 1, 2005 in subsection (a). The amendment is necessary to ensure that the Federal Motor Carrier Safety Regulations, incorporated by reference in the section, reflects all amendments and interpretations issued through that particular date.

Amendments to §4.13 are necessary in order to clarify both the initial and recertification requirements for peace officers certified under this section.

Amendments to §4.16 are necessary in order to authorize the department to accept payments of administrative penalties by electronic funds transfer or credit card, and to specify procedures and fees for accepting these payment transactions.

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 Highway Patrol Division, Texas Department of Public Safety, 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. The amendment to §4.16 is also proposed pursuant to Texas Government Code, §411.0135, which authorizes the department to adopt rules regulating the method of payment of fees and charges.

Texas Transportation Code, §644.051 and Texas Government Code, §411.0135 are affected by this proposal.



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