reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter K - PARKING AND TRAFFIC ADMINISTRATION › Section 3.171 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) Department officers are responsible for
				  enforcing these parking regulations and traffic violations on state property.
				  For purposes of enforcing the parking rules only, the department may assign
				  either commissioned officers or noncommissioned security workers. The
				  assignment of security workers shall only be made with the written approval of
				  the commander of the Capitol Regional Command Office.
(1) To carry out this responsibility and
				  authorization, the department may issue two types of citations for any parking
				  or traffic violations occurring within the Capitol Complex.
(A) Administrative citations issued by the
				  Highway Patrol Service are subject to administrative adjudication.
				  Administrative citations will generally be issued for violation of parking
				  regulations. When an administrative citation is issued for a violation of these
				  sections, the administrative fine shall be $25.
(B) Court appearance citations constitute a
				  notice to appear in either a municipal court or a justice court. Failure to
				  discharge a court appearance citation may result in the issuance of a warrant
				  of arrest.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter K - PARKING AND TRAFFIC ADMINISTRATION › Section 3.172 - Forfeiture of Parking Privilege

Current through Reg. 49, No. 28; July 12, 2024
(a) A state
				  employee parking permit may be forfeited for any of the following reasons:
(1) failure to pay one or more parking
				  citation(s) issued by the Texas Department of Public Safety;
(2) nonpayment of assessed parking
				  fees;
(3) falsifying data on an
				  application for a parking permit;
(4) subleasing a parking
				  assignment;
(5) display or use of a
				  permit or decal which has been altered, or which has been defaced to the extent
				  that information contained on it is illegible;
(6) displaying a handicap permit issued to
				  another person;
(7) allowing a
				  parking permit to be used by someone other than the person it is issued
				  to;
(8) the use of a parking permit
				  for any other purpose than state employment; or
(9) noncompliance with the parking
				  regulations established by the parking administration.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter K - PARKING AND TRAFFIC ADMINISTRATION › Section 3.173 - Impoundment or Immobilization of Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  When authorized by law or when necessary to protect the public health, safety,
				  or welfare or to promote and protect a critical state function, the department
				  may impound or cause to be removed any vehicle presenting such an
				  obstacle.
(b) When unpaid parking
				  fines or charges are recorded or an employee's parking privileges have been
				  forfeited, the department will send a letter to the last known address of the
				  person notifying the person that any vehicle owned by the person is subject to
				  being impounded or immobilized if found parked in the Capitol
				  Complex.
(c) Vehicles shall be
				  impounded by or at the direction of the department. The vehicle impounded shall
				  not be released until all towing and storage fees have been paid. If the
				  vehicle is impounded because of an accumulation of one or more unpaid parking
				  offense fines or late charges, payment of all outstanding parking fines and
				  charges relating to the vehicle, or which are owed by its owner or operator,
				  must be made to the department before release of the vehicle.
(d) The department shall not be responsible
				  for any fees, costs, or damages resulting from vehicle removal, impoundment, or
				  immobilization.
(e) Impoundment. A
				  vehicle is subject to impoundment under the following circumstances:
(1) parking in a handicapped or reserved
				  space without displaying proper permit or displaying a handicapped permit
				  issued to another person;
(2)
				  possession or use of a lost, stolen, or forged permit, or one which has been
				  altered, or defaced to the extent that information contained on it is
				  illegible;
(3) parking on a state
				  parking facility when parking privileges have been forfeited;
(4) parking within any barricaded
				  area;
(5) parking a vehicle on any
				  lawn, curb, sidewalk, or in any manner which creates an obstruction to
				  vehicular or pedestrian traffic or that may damage state property;
(6) parking in a "No Parking" zone or fire
				  zone;
(7) accumulation of one or
				  more unpaid parking offense fines or late charges;
(8) when authorized under Texas
				  Transportation Code, §
											545.305;
				  or
(9) abandonment of a vehicle
				  within the Capitol Complex. A vehicle is considered to be abandoned if it is
				  left on the complex for more than 48 hours without the approval of the parking
				  administration. This does not apply to state owned vehicles.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter K - PARKING AND TRAFFIC ADMINISTRATION › Section 3.174 - Normal Duty Hours

Current through Reg. 49, No. 28; July 12, 2024
Assignments on surface lots or in garages shall allow the
					 permitted employee to utilize the assignment only on state working days,
					 including skeleton holidays, during the hours of 7 a.m. through 6
					 p.m.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter K - PARKING AND TRAFFIC ADMINISTRATION › Section 3.175 - Other Uses of State Parking Areas

Current through Reg. 49, No. 28; July 12, 2024
The Texas Department of Public Safety may authorize use of
					 state parking areas outside of normal working hours for other
					 purposes.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 3 - TEXAS HIGHWAY PATROL › Subchapter K - PARKING AND TRAFFIC ADMINISTRATION › Section 3.176 - Visitor Parking

Current through Reg. 49, No. 28; July 12, 2024
(a) Visitor parking
				  shall be for the exclusive use of visitors to the complex.
(b) A state employee may use a space
				  designated by the department as visitor parking only if his/her principal place
				  of employment is outside the Capitol Complex.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter A - REGULATIONS GOVERNING HAZARDOUS MATERIALS › Section 4.1 - Transportation of Hazardous Materials

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  director of the Texas Department of Public Safety incorporates, by reference,
				  the Federal Hazardous Materials Regulations, Title 49, Code of Federal
				  Regulations, Parts 107 (Subpart G), 171 - 173, 177, 178, 179 (Subpart E), and
				  180, including all interpretations thereto, for commercial vehicles operated in
				  intrastate, interstate, or foreign commerce, as amended through December 1,
				  2023. All other references in this section to the Code of Federal Regulations
				  also refer to amendments and interpretations issued through December 1,
				  2023.
(b) Explanations and
				  Exceptions.
(1) Certain terms when used in
				  the federal regulations as adopted in subsection (a) of this section will have
				  the following meanings, unless the context clearly indicates otherwise.
(A) Motor carrier--Has the meaning assigned
				  by Texas Transportation Code, §
												643.001(6).
(B) Hazardous material shipper--A consignor,
				  consignee, or beneficial owner of a shipment of hazardous materials.
(C) Interstate or foreign commerce--All
				  movements by commercial motor vehicle, both interstate and intrastate, over the
				  streets and highways of this state.
(D) Department--The Texas Department of
				  Public Safety.
(E) Federal Motor
				  Carrier Safety Administration (FMCSA) field administrator--The director of the
				  Texas Department of Public Safety or the designee of the director for vehicles
				  operating in intrastate commerce.
(F) Farm vehicle--Any vehicle or combination
				  of vehicles controlled and/or operated by a farmer or rancher being used to
				  transport agriculture products, farm machinery, and farm supplies to or from a
				  farm or ranch.
(G) Private
				  carrier--Any person not included in the terms "common carrier by motor vehicle"
				  or "contract carrier by motor vehicle" who transports by commercial motor
				  vehicle property of which the person is the owner, lessee, or bailee, when such
				  transportation is for the purpose of sale, lease, rent or bailment, or in
				  furtherance of commerce.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter A - REGULATIONS GOVERNING HAZARDOUS MATERIALS › Section 4.2 - On-Site Coordination of Hazardous Material Transportation Emergencies

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Department of Public Safety
				  will be responsible for on-site coordination of transportation emergencies for
				  all unincorporated areas and may assume the on-site coordination role within
				  cities when requested to do so by local government.
(b) The initial Texas Department of Public
				  Safety commissioned law enforcement officer who responds, on site, will be
				  responsible for the on-site coordination of transportation emergencies, as
				  provided in subsection (c) of this section. This officer shall perform the
				  coordination responsibility until relieved by appropriate Department of Public
				  Safety authority or the incident is concluded.
(c) On-site coordination of hazardous
				  material transportation emergencies may include, but not be limited to:
(1) assessing the seriousness and magnitude
				  of the incident;
(2) identifying
				  the type of hazardous material;
(3)
				  notifying the appropriate communications center;
(4) controlling access to the
				  location;
(5) determining if
				  evacuation is necessary;
(6)
				  assisting in evacuation;
(7)
				  providing safe traffic control;
(8)
				  notifying and communicating with special response teams;
(9) communicating with transportation
				  carrier;
(10) notifying and
				  requesting appropriate state agency response teams;
(11) responding to any other emergency needs;
				  and
(12) performing any other
				  functions necessary to facilitate a safe and successful conclusion of the
				  incident.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter B - REGULATIONS GOVERNING TRANSPORTATION SAFETY › Section 4.11 - General Applicability and Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The director of the Texas Department of Public Safety incorporates, by
				  reference, the Federal Motor Carrier Safety Regulations, Title 49, Code of
				  Federal Regulations, Parts 40, 380, 382, 385 - 387, 390 - 393, and 395 - 397
				  including all interpretations thereto, as amended through September 1, 2022.
				  All other references in this subchapter to the Code of Federal Regulations also
				  refer to amendments and interpretations issued through September 1, 2022. The
				  rules detailed in this section ensure:
(1) a
				  commercial motor vehicle is safely maintained, equipped, loaded, and
				  operated;
(2) the responsibilities
				  imposed on a commercial motor vehicle's operator do not impair the operator's
				  ability to operate the vehicle safely;
(3) the physical condition of a commercial
				  motor vehicle's operator enables the operator to operate the vehicle
				  safely;
(4) commercial motor
				  vehicle operators are qualified, by reason of training and experience, to
				  operate the vehicle safely; and
(5)
				  the minimum levels of financial responsibility for motor carriers of property
				  or passengers operating commercial motor vehicles in interstate, foreign, or
				  intrastate commerce is maintained as required.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter B - REGULATIONS GOVERNING TRANSPORTATION SAFETY › Section 4.12 - Exemptions and Exceptions

Current through Reg. 49, No. 28; July 12, 2024
(a) Exemptions to
				  the adoptions in §
										4.11 of this title (relating to
				  General Applicability and Definitions) are made pursuant to Texas
				  Transportation Code, §§
										644.052 -
				  644.054, and are
				  adopted as follows:
(1) Such regulations shall
				  not apply to the vehicles detailed in subparagraphs (A) - (D) of this paragraph
				  when operated intrastate:
(A) a vehicle used
				  in oil or water well servicing or drilling which is constructed as a machine
				  consisting in general of a mast, an engine for power, a draw works, and a
				  chassis permanently constructed or assembled for such purpose or
				  purposes;
(B) a mobile crane which
				  is an unladen, self-propelled vehicle constructed as a machine used to raise,
				  shift, or lower weights;
(C) a
				  vehicle transporting seed cotton; or
(D) concrete pumps.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter B - REGULATIONS GOVERNING TRANSPORTATION SAFETY › Section 4.13 - Authority to Enforce, Training and Certificate Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Authority to Enforce.
(1) An officer of the department may stop,
				  enter or detain on a highway or at a port of entry a motor vehicle that is
				  subject to Texas Transportation Code, Chapter 644.
(2) A non-commissioned employee of the
				  department that is trained and certified to enforce the federal safety
				  regulations may stop, enter or detain at a commercial motor vehicle inspection
				  site, or at a port of entry, a motor vehicle that is subject to Texas
				  Transportation Code, Chapter 644.
(3) An officer of the department or a
				  non-commissioned employee of the department that is trained and certified to
				  enforce the federal safety regulations may prohibit the further operation of a
				  vehicle on a highway or at a port of entry if the vehicle or operator of the
				  vehicle is in violation of Texas Transportation Code, Chapter 522, or a federal
				  safety regulation or rule adopted under Texas Transportation Code, Chapter 644,
				  by declaring the vehicle or operator out-of-service using the North American
				  Standard Out-of-Service Criteria as a guideline.
(4) Municipal police officers from cities
				  listed in Texas Transportation Code, § 644.10, who meet the training and
				  certification requirements contained in subsection (b) of this section and are
				  certified by the department may stop, enter or detain on a highway or at a port
				  of entry within the municipality a motor vehicle that is subject to Texas
				  Transportation Code, Chapter 644.
(5) Sheriffs or deputy sheriffs from counties
				  listed in Texas Transportation Code, §
											644.101,
				  who meet the training and certification requirements contained in subsection
				  (b) of this section and are certified by the department may stop, enter or
				  detain on a highway or at a port of entry within the county a motor vehicle
				  that is subject to Texas Transportation Code, Chapter 644.
(6) A certified peace officer from an
				  authorized municipality or county may prohibit the further operation of a
				  vehicle on a highway or at a port of entry within the municipality or county if
				  the vehicle or operator of the vehicle is in violation of Texas Transportation
				  Code, Chapter 522, or a federal safety regulation or rule adopted under Texas
				  Transportation Code, Chapter 644, by declaring the vehicle or operator
				  out-of-service using the North American Standard Out-of-Service Criteria as a
				  guideline.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter B - REGULATIONS GOVERNING TRANSPORTATION SAFETY › Section 4.17 - Notification and Hearing Processes

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Notification.
(1) The department will notify
				  a motor carrier of an enforcement action by the issuance of a claim letter as
				  described in §
											4.16(a)(4)
				  of this title (relating to Administrative Penalties, Payments, Collection and
				  Settlement of Penalties).
(2) The
				  notification may be submitted to the motor carrier's last known address as
				  reflected in the records of the department by certified mail, return receipt
				  requested, or personal service, or another manner of delivery that records the
				  receipt of the notice by the person responsible. Electronic mail may be used
				  provided the department verifies receipt by the person responsible. A
				  notification sent by mail shall be presumed to have been received by the motor
				  carrier five days after the date of the mailing.
(3) The motor carrier shall respond within 20
				  calendar days of receipt of the claim letter with one of the following options:
(A) Payment of the claim in the full amount
				  as outlined in the claim letter; or
(B) Request, in writing, to make installment
				  payments; or
(C) Request, in
				  writing, an informal hearing; or
(D) Request, in writing, an administrative
				  hearing.
(4) A request
				  under paragraph (3)(C) or (D) of this subsection must contain the following:
(A) A concise statement of the issues to be
				  presented at the hearing, including the occurrence of the violations, the
				  amount of the penalty, or both;
(B)
				  defenses the carrier asserts to the department's claim; and
(C) supporting documents to show defenses
				  and/or financial condition of the carrier.
(5) A request under paragraph (3)(C) of this
				  subsection that does not contain the information required in paragraph (4) of
				  this subsection may, after notice and a reasonable opportunity to correct the
				  defect, be set for an administrative hearing rather than an informal hearing,
				  at the discretion of the department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter B - REGULATIONS GOVERNING TRANSPORTATION SAFETY › Section 4.18 - Intrastate Operating Authority Out-of-Service Review

Current through Reg. 49, No. 28; July 12, 2024
(a) A motor carrier may request a review of
				  the out-of-service order within 10 business days of the issuance of the
				  out-of-service order. A request for a review does not stay the out-of-service
				  order. A request for an out-of-service review must be made in writing and
				  forwarded to the manager of the Motor Carrier Bureau. If requested, a review
				  will be scheduled and conducted by the manager of the Motor Carrier Bureau or
				  the director's designee within 10 business days of the issuance of the
				  out-of-service order. A request for review should be addressed to the Texas
				  Department of Public Safety, Motor Carrier Bureau, P.O. Box 4087, Austin, Texas
				  78773-0521 or may be sent by facsimile transmission to (512) 424-5712 or via
				  electronic mail at MotorCarrierBureau@txdps.state.tx.us. The department may
				  conduct the review by telephone conference call. An out-of-service review
				  should be conducted within 3 business days of the date of receipt of the
				  request for a review.
(b) A request
				  for review under subsection (a) of this section must contain the following: a
				  concise statement of the issues to be contested at the review.
(c) A final agency decision on an
				  out-of-service order is subject to Texas Government Code, Chapter 2001.
				  Judicial review is subject to the substantial evidence rule under Texas
				  Government Code, §
										2001.174.
				  A final agency decision is:
(1) the initial
				  order if the affected person fails to respond as outlined in subsections (a) or
				  (b) of this section, or
(2) the
				  decision as a result of a review under subsection (a) or (b) of this
				  section.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter B - REGULATIONS GOVERNING TRANSPORTATION SAFETY › Section 4.19 - Administrative Action by the Texas Department of Motor Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) The director or the director's designee
				  will determine whether the department will request the Texas Department of
				  Motor Vehicles to revoke a registration issued by the Texas Department of Motor
				  Vehicles based upon the department's compliance review or safety audit. The
				  director or the director's designee will determine whether the department will
				  request the Texas Department of Motor Vehicles to take administrative action
				  against a carrier required to register with the Texas Department of Motor
				  Vehicles under Chapter 643 of the Texas Transportation Code.
(b) This determination may be based upon the
				  following:
(1) an unsatisfactory safety
				  rating under Title 49, Code of Federal Regulations, Part 385;
(2) multiple violations of Texas
				  Transportation Code, Chapter 644, a rule adopted under Texas Transportation
				  Code, Chapter 644, or Texas Transportation Code, Subtitle C (Relating to Rules
				  of the Road); and/or
(3) not
				  properly registering as a motor carrier with the Texas Department of Motor
				  Vehicles as required in Texas Transportation Code, Chapter 643.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter B - REGULATIONS GOVERNING TRANSPORTATION SAFETY › Section 4.20 - Animal Health Memorandum of Understanding

Current through Reg. 49, No. 28; July 12, 2024
In compliance with the Texas Agriculture Code, §
										161.051,
					 the Department of Public Safety has adopted a joint memorandum of understanding
					 with the Texas Animal Health Commission that provides for Department of Public
					 Safety commissioned officers to check for health papers and permits when
					 stopping a vehicle transporting livestock. The agreement is as follows.
(1) The Texas Animal Health Commission will:
(A) provide information and training to the
				  Department of Public Safety regarding health papers and permits;
(B) investigate possible violations reported
				  by Department of Public Safety officers;
(C) make a proper request for assistance to
				  the Department of Public Safety, assistant director of the Texas Highway Patrol
				  Division, or their designee; and
(D) will also notify the assistant director
				  of the Texas Highway Patrol Division, or their designee, when appropriate, of
				  the location of Texas Animal Health Commission roadblocks or special night
				  operations.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter B - REGULATIONS GOVERNING TRANSPORTATION SAFETY › Section 4.22 - Contract Carriers of Certain Passengers

Current through Reg. 49, No. 28; July 12, 2024
A contract carrier transporting operating employees of a
					 railroad in vehicles designed to carry 15 passengers or less, as described in
					 Texas Transportation Code, §
										644.054(a),
					 as well as a driver of any such vehicle, are both subject to the following
					 regulations.
(1) A driver may not
				  operate a vehicle subject to this section for more than 12 hours in a day and
				  must obtain adequate rest in the same manner as is described in §
										4.12(a)(2)
				  of this title (relating to Exemptions and Exceptions). This driver must comply
				  with all other requirements described in Title 49, Code of Federal Regulations,
				  Part 395.
(2) A driver operating a
				  vehicle subject to this section must comply with Title 49, Code of Federal
				  Regulations, Part 40 and Part 382, relating to USDOT drug and alcohol testing,
				  regardless of whether this driver is a holder of a commercial driver's license.
(A) A valid positive result, whether from a
				  refusal or from a determination of a medical review officer, will be reported
				  to the department's valid positive results database as if the driver were a
				  holder of a commercial driver's license.
(B) A driver who commits prohibited conduct
				  under Title 49, Code of Federal Regulations, Part 382, Subpart B is prohibited
				  from driving a vehicle subject to this section. A driver prohibited under this
				  subsection may remove the prohibition by completing a return-to-duty process as
				  described by Title 49, Code of Federal Regulations, Part 40, Subpart
				  O.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter C - COMMERCIAL VEHICLE REGISTRATION AND INSPECTION ENFORCEMENT › Section 4.31 - Basic Enforcement Guidelines

Current through Reg. 49, No. 28; July 12, 2024
The Department of Public Safety is charged with the
					 responsibility of enforcing registration requirements of commercial vehicles.
					 This enforcement will be based on the statutory provisions of Texas
					 Transportation Code, Chapter 502, and on policies and reciprocal agreements
					 promulgated by the Texas Department of Transportation, as
					 amended.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter C - COMMERCIAL VEHICLE REGISTRATION AND INSPECTION ENFORCEMENT › Section 4.32 - Registered Gross Weight Defined

Current through Reg. 49, No. 28; July 12, 2024
No commercial vehicle or combination of vehicles shall be
					 required to register for an amount greater than its actual gross weight or, in
					 the event that the vehicle or combination of vehicles is overloaded, the
					 vehicle or combination of vehicles shall not be required to be registered for
					 an amount greater than the gross weight allowed for such vehicle or combination
					 of vehicles. This section will apply whether the operation is inside or outside
					 an incorporated city, town, or village.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter C - COMMERCIAL VEHICLE REGISTRATION AND INSPECTION ENFORCEMENT › Section 4.33 - Apprehended Defined

Current through Reg. 49, No. 28; July 12, 2024
For the purpose of enforcing all provisions of Texas
					 Transportation Code, Chapter 502, a vehicle is considered to be apprehended
					 when a citation has been issued for a registration violation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter C - COMMERCIAL VEHICLE REGISTRATION AND INSPECTION ENFORCEMENT › Section 4.34 - Enforcement Guidelines to Reciprocal Agreements with Various States

Current through Reg. 49, No. 28; July 12, 2024
The Texas Department of Transportation has entered into
					 bilateral reciprocity agreements with several states and is also a member of
					 the International Registration Plan. For enforcement purposes, the Department
					 of Public Safety defines the term apportionable vehicle to mean a vehicle
					 that:
(1) is a power unit having two
				  axles and a gross weight or registered gross vehicle weight in excess of 26,000
				  pounds or 11,794 kilograms; or
(2)
				  is a power unit having three or more axles, regardless of weight; or
(3) is used in combination, when the weight
				  of such combination exceeds 26,000 pounds or 11,794 kilograms gross vehicle
				  weight.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter C - COMMERCIAL VEHICLE REGISTRATION AND INSPECTION ENFORCEMENT › Section 4.35 - Basic Enforcement Guidelines for Enforcement Registration and Permit Requirements of Oil Well Servicing Equipment

Current through Reg. 49, No. 28; July 12, 2024
The Department of Public Safety, under the authority of
					 Government Code, Chapter 411, §411.002,
					 is charged with the responsibility of enforcing laws protecting public safety,
					 including, but not limited to, the registration requirements. This enforcement
					 will be based on the statutory provisions of Texas Transportation Code,
					 §§
										623.141-623.150
					 and the rules promulgated by the Texas Department of Transportation, as
					 amended.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter C - COMMERCIAL VEHICLE REGISTRATION AND INSPECTION ENFORCEMENT › Section 4.37 - Acceptance of Out-of-State Commercial Vehicle Inspection Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) Texas-registered commercial vehicles.
				  Acceptance of commercial vehicle inspection certificates issued outside of
				  Texas. A valid commercial vehicle inspection certificate issued in a
				  jurisdiction having an inspection program that has been certified by the
				  Federal Motor Carrier Safety Administration under the provisions of Title 49,
				  Code of Federal Regulations, §396.23(b)(1) as meeting the requirements of
				  §396.17 is acceptable on a Texas-registered commercial vehicle.
(b) Out-of-state registered commercial
				  vehicles. Commercial vehicles required to be registered in Texas will be
				  required to be inspected at an official commercial vehicle inspection station
				  and obtain a vehicle identification certificate, Form VI-30-A, before the
				  registration process can be completed. Valid out-of-state inspection
				  certificates will not be honored on commercial vehicles required to be
				  registered.
(c) Exceptions of
				  inspections only by state-certified and supervised inspection stations.
				  Acceptance in this state of a certificate of inspection and approval issued in
				  compliance with 49 C.F.R. Part 396 to a motor bus, as defined by Transportation
				  Code, §
										502.001, that is
				  registered in this state but is not domiciled in this state.
(d) Jurisdictions certified under the
				  provisions of Title 49, Code of Federal Regulations, §396.23(b)(1). The
				  following jurisdictions have been certified by the Federal Motor Carrier Safety
				  Administration as meeting the requirements of Title 49, Code of Federal
				  Regulations, §396.23(b)(1): Alabama (LPG Board), California, Connecticut
				  (Bus Inspection Program), District of Columbia, Hawaii, Illinois, Louisiana,
				  Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey,
				  New York, Ohio (Bus Inspection Program), Pennsylvania, Rhode Island, Texas,
				  Utah, Vermont, Virginia, West Virginia, Wisconsin (Bus Inspection Program), or
				  any of the ten Canadian Provinces and the Yukon Territory.
(e) The department authorizes the acceptance
				  in this state of a certificate of inspection and approval issued by an
				  inspector qualified under 49 C.F.R. Part 396 acting as an employee or
				  authorized agent of the owner of a commercial fleet as defined in
				  Transportation Code, §
										502.001. This
				  includes a motor vehicle or trailer that is part of the fleet and registered or
				  in the process of being registered in this state.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter D - COMMERCIAL VEHICLE WEIGHT, LENGTH, AND SIZE ENFORCEMENT › Section 4.51 - Stopping, Weighing and Reducing Excess Cargo of Loaded Motor Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department of Public Safety will
				  stop, weigh, and cause the excess loads to be reduced relating to the operation
				  of loaded motor vehicles in compliance with the provisions of the
				  statutes.
(b) It is the policy of
				  the Department of Public Safety to consider loaded trailers and semitrailers
				  operated in combination with a truck or truck tractor to be a part of a loaded
				  motor vehicle and would, therefore, be required to comply with the weighing and
				  unloading provisions of Texas Transportation Code, Chapters 621, 622, and
				  623.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter D - COMMERCIAL VEHICLE WEIGHT, LENGTH, AND SIZE ENFORCEMENT › Section 4.52 - Rearranging Excess Cargo

Current through Reg. 49, No. 28; July 12, 2024
The Department of Public Safety interprets Texas
					 Transportation Code, §
										621.402
					 and §
										621.404
					 to mean that cargo may not be shifted from an overloaded axle or tandem axle to
					 another axle or tandem axle that is already loaded to its maximum legal
					 limit.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter D - COMMERCIAL VEHICLE WEIGHT, LENGTH, AND SIZE ENFORCEMENT › Section 4.53 - Unloading and Reducing Loads consisting of Dangerous Commodities

Current through Reg. 49, No. 28; July 12, 2024
In situations wherein commodities of a dangerous nature
					 must be unloaded or rearranged from overloaded vehicles, every precaution
					 applicable in such situation must be exercised to insure the safety of the
					 public. In every event, the owner, driver, or person who has physical control
					 of the truck or cargo should be allowed ample time to acquire safe and proper
					 equipment for unloading or handling. In no event shall members of the
					 department knowingly permit dangerous or inflammable materials to be discharged
					 in such manner as to constitute a hazard.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter D - COMMERCIAL VEHICLE WEIGHT, LENGTH, AND SIZE ENFORCEMENT › Section 4.54 - Minimum Standards for Scales not Furnished by the Texas Department of Public Safety

Current through Reg. 49, No. 28; July 12, 2024
(a) Portable,
				  semiportable and fixed scale models. Portable, semiportable and fixed scale
				  models evaluated under the National Type Evaluation Program (NTEP) and found to
				  comply with the applicable technical requirements set out in the National
				  Institute of Standards and Technology (NIST) Handbook 44, "Specifications,
				  Tolerances, and Other Technical Requirements for Weighing and Measuring
				  Devices," will be approved for law enforcement purposes by the Texas Department
				  of Public Safety and may include only the following exceptions.
(1) Weight readout may be truncated to the
				  next lower increment reading.
(2)
				  Hold mode may hold scale reading until manually released.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter D - COMMERCIAL VEHICLE WEIGHT, LENGTH, AND SIZE ENFORCEMENT › Section 4.55 - Interpretation of Length Limitations and Number of Vehicles in a Combination of Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) It is the
				  interpretation of the department of public safety to consider a mobile home,
				  house trailer, or camper trailer the same as any other trailer in determining
				  the number of vehicles allowed in combination with a towing vehicle.
(b) The interpretation set forth in
				  subsection (a) of this section applies only in determining the number of
				  vehicles allowed in a combination and does not apply in determining the length
				  limits.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter D - COMMERCIAL VEHICLE WEIGHT, LENGTH, AND SIZE ENFORCEMENT › Section 4.56 - Uniform Weighing Procedures for Weight Enforcement Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) A "weight enforcement officer" has the
				  meaning as defined in Texas Transportation Code, §
										621.401.
(b) Law enforcement agencies employing weight
				  enforcement officers must enter into a memorandum of understanding with the
				  department prior to conducting any weight enforcement. All weight enforcement
				  officers must have attended and successfully completed weight enforcement
				  training provided by the department prior to certification. In order to
				  maintain certification, a weight enforcement officer must fulfill all the
				  continuing education requirements as detailed in the memorandum of
				  understanding between the department and the agency.
(c) Weight enforcement officers must utilize
				  scales of a type approved by the department. The department will furnish upon
				  request a list of approved makes and models of scales as outlined in §
										4.54
				  of this title (relating to Minimum Standards for Scales not Furnished by the
				  Texas Department of Public Safety).
(d) Scales utilized must be calibrated yearly
				  by a certified scale technician or certified vendor. Agencies must utilize the
				  certification form provided by the department and keep certification records
				  for three years from the date of certification.
(e) An annual report will be compiled by each
				  jurisdiction utilizing weight enforcement officers and submitted to the
				  department by January 31st each year.
(f) The department may revoke or rescind the
				  authority of:
(1) a weight enforcement
				  officer who fails to comply with this section; or
(2) a weight enforcement officer of a
				  municipal police department, sheriff's department, or constable's office who
				  fails to comply with this section.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter D - COMMERCIAL VEHICLE WEIGHT, LENGTH, AND SIZE ENFORCEMENT › Section 4.57 - Safety and Driver Training Requirements for Certain Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) Carriers using Fluid Milk Truck permits
				  issued under Texas Transportation Code, Chapter 623 must have each driver using
				  the permit review the form titled "Fluid Milk Truck Permit" and sign an
				  acknowledgement. Carriers must maintain a copy of this signed form for each
				  driver for the current year and two previous years. The form is available at
				  any Texas Department of Public Safety office or on the Department's website at:
				  https://www.dps.texas.gov/cve/publications.htm [File Link Not
				  Available].
(b) Carriers using
				  Sealed Intermodal Container Transportation permits issued under Texas
				  Transportation Code, Chapter 623 must have each driver using the permit review
				  the form titled "Intermodal Shipping Container Port Permit" and sign an
				  acknowledgement. Carriers must maintain a copy of this signed form for each
				  driver for the current year and two previous years. The form is available at
				  any Texas Department of Public Safety office or on the Department's website at:
				  https://www.dps.texas.gov/cve/publications.htm [File Link Not
				  Available].
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter E - ADVISORY OVERSIGHT COMMUNITY OUTREACH COMMITTEE › Section 4.71 - Advisory Oversight Community Outreach Committee

Current through Reg. 49, No. 28; July 12, 2024
(a) The Advisory Oversight Community Outreach
				  Committee is created as provided in Texas Government Code, §
										411.0197.
(b) The purpose of the Advisory Oversight
				  Community Outreach Committee is to document to the Public Safety Commission
				  trade-related incidents involving department personnel; to develop
				  recommendations and strategies to improve community relations, department
				  personnel conduct, and the truck inspection process at the ports-of-entry on
				  the Texas-Mexico border; and to act as ombudsman between the department and the
				  residents and communities in the Texas-Mexico border area and between the
				  department and the department's personnel.
(c) The Advisory Oversight Community Outreach
				  Committee shall consist of nine members that are appointed by the Public Safety
				  Commission. The Public Safety Commission shall designate the presiding officer
				  of the committee from among the committee's members. Five members of the
				  committee constitute a quorum sufficient to conduct the meetings and business
				  of the committee.
(1) Members of the Advisory
				  Community Outreach Committee will serve staggered terms as follows:
(A) the presiding officer shall serve a
				  three-year term;
(B) four of the
				  committee members shall serve a three-year term; and
(C) four of the committee members shall serve
				  a two-year term.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter F - COOPERATION WITH THE TEXAS ANIMAL HEALTH COMMISSION › Section 4.81 - Cooperation with the Texas Animal Health Commission Regarding Enforcement of Entry Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) As provided
				  under Texas Agricultural Code, §161.051 the department will cooperate with
				  the Texas Animal Health Commission regarding enforcement of entry requirements
				  by reporting potential problems to the commission and providing assistance to
				  the commission when requested.
(b)
				  The Texas Animal Health Commission guidelines are located in 4 TAC §
										59.4(relating
				  to Cooperation with the Texas Department of Public Safety Regarding Enforcement
				  of Entry Requirements).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 5 - CRIMINAL LAW ENFORCEMENT › Subchapter A - GENERAL PROVISIONS › Section 5.1 - Chapter Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Department--means the
				  Texas Department of Public Safety.
(2) Director--means the director of the
				  department or his designee.
(3) 28
				  CFR--means 28 Code of Federal Regulations, Part 23.1 et seq., as promulgated by
				  the U.S. Department of Justice, Office of Justice Programs.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 5 - CRIMINAL LAW ENFORCEMENT › Subchapter A - GENERAL PROVISIONS › Section 5.2 - Conduct of a Criminal Investigation

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  officer or other member of the Criminal Law Enforcement Division may conduct a
				  criminal investigation when adequate suspicion exists that a crime has been, is
				  being, or is about to be committed. The investigation shall ascertain the
				  facts:
(1) to determine the existence of:
(A) reasonable suspicion to support the
				  temporary detention of a suspect for further investigation or
				  identification;
(B) probable cause
				  to support a search or arrest warrant; or
(C) probable cause to support the warrantless
				  seizure of property or evidence or the warrantless arrest of a suspect who is
				  committing or has committed a crime, or
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 5 - CRIMINAL LAW ENFORCEMENT › Subchapter B - REPORTING PROPERTY CRIMES AGAINST THE ELDERLY › Section 5.11 - Subchapter Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Analysis under this
				  subchapter means a 28 Code of Federal Regulations (CFR)--compliant analysis by
				  the department of information collected under this subchapter in conjunction
				  with other corresponding information to determine:
(A) a trend or pattern, including modus
				  operandi (MO);
(B) a general
				  outline of a confidence scheme, including victim selection;
(C) a general description of an organization
				  engaging in confidence schemes; and
(D) specific identification of a potential
				  victim, offender, or organization, including membership, address, alias,
				  opening gambit, and vehicle information.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 5 - CRIMINAL LAW ENFORCEMENT › Subchapter B - REPORTING PROPERTY CRIMES AGAINST THE ELDERLY › Section 5.12 - Applicability and Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  This subchapter:
(1) does not apply to every
				  crime against an elderly individual, including elderly abuse or injury to an
				  elderly individual; and
(2) does
				  apply to an offense that is:
(A) a property
				  crime;
(B) investigated by a Texas
				  law enforcement agency; and
(C)
				  committed against an elderly individual.