The Texas Department of Public Safety adopts amendments to Chapter 4, Subchapter B, §§4.11 - 4.13, 4.16, and 4.17 concerning Regulations Governing Transportation Safety, without changes to the proposed text as published in the November 18, 2005, issue of the Texas Register (30 TexReg 7693).

The amendment to §4.11 is necessary in order to update the rule so that it reflects October 1, 2005 in subsection (a). The amendment is necessary to ensure that the Federal Motor Carrier Safety Regulations, incorporated by reference in the section, reflect all amendments and interpretations issued through that particular date.

Amendments to §4.12 are necessary in order to implement changes made by House Bill 749 and Senate Bill 1074, as passed by the 79th Texas Legislature (Regular Session). Additional amendments to §4.12 are necessary in order to implement the requirements of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 10-59).

Amendments to §4.13 are necessary in order to implement changes made by House Bill 602, as passed by the 79th Texas Legislature (Regular Session). Additional amendments to §4.13 are necessary in order to clarify the initial certifications requirements under the North American Standard Roadside Inspection and Passenger Vehicle Inspection Courses. Changes are also being made to text of §4.13 so that it is uniform throughout the section and mirrors the Commercial Vehicle Safety Alliance (CVSA) training and certification requirements.

Amendments to §4.16 are necessary in order to clarify the difference between the subsection regarding assessment of administrative penalties from the subsection regarding payment, collection and settlement of administrative penalties. A further amendment to §4.16 is necessary in order to simplify the procedure for calculation of administrative penalties, and to eliminate language that is unnecessary because it duplicates factors built into the Federal Uniform Fine Assessment Program used to calculate administrative penalties. The amendment is further necessary to codify the department's policy for further reductions in the assessment of administrative penalties when the gross receipts of the motor carrier are less than one million dollars. The amendment to §4.16 also clarifies department procedures for the release of Impoundment Orders. Non-substantive grammatical corrections are also being made in the amendment to §4.16.

The amendment to §4.17 is necessary in order to correct an inaccuracy listed in the current rule.

On December 20, 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.