The Texas Department of Public Safety (the department) adopts amendments to §4.12, concerning Exemptions and Exceptions. This rule is adopted with changes to the proposed text as published in the August 21, 2020 issue of the Texas Register (45 TexReg 5860) and will be republished.

The adopted amendments are necessary to harmonize updates to 49 CFR with those laws adopted by Texas. The Federal Motor Carrier Safety Administration has granted an expansion of interstate hours of service for short-haul drivers and provided for an exemption for adverse driving conditions. This adoption harmonizes intrastate rules so that intrastate drivers can also use these expanded hours. Section 4.12 (a)(5) is eliminated as the changes in (a)(4) make it redundant.

The department accepted comments on the proposed amendments through September 21, 2020. Written comments were submitted by Dana Moore, Director of Policy & Government Relations with Texas Trucking Association (TTA), requesting review and removal of §4.12(a)(4)(c)(v). The section required a motor carrier maintain business records that provide the date, time, quantity, and location of a product or service, including delivery tickets or sales invoices. TTA's concern was that the rule was not harmonized with FMCSR 395.1 and was more restrictive than Federal Regulations. The Department has reviewed the text and agrees with the comment. Section 4.12(a)(4)(c)(v) has been struck.

This rule is 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.