The Texas Department of Public Safety adopts amendments to §§4.11, 4.13, and 4.16, concerning Regulations Governing Transportation Safety, without changes to the proposed text as published in the July 29, 2005, issue of the Texas Register (30 TexReg 4315).

The amendment to §4.11 is necessary in order to update 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.

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

The 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.

On August 16, 2005, the department held a public hearing to receive comment(s) from all interested person(s) regarding adoption of the amendments. No comments were received regarding adoption of the amendments.

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. The amendment to §4.16 is also adopted pursuant to Texas Government Code, §411.0135, which authorizes the department to adopt rules regulating the method of payment of fees and charges.