Texas Administrative Code

(a) Certain peace officers from an authorized municipality or county may be trained and certified to enforce the federal safety regulations provided the municipality or county: (1) executes a Memorandum of Understanding with the department concerning the working policies and proc…

(a) The rules in this subsection, as authorized by Texas Transportation Code, § 644.155 , establish procedures to determine the safety fitness of motor carriers, assign safety ratings, take remedial actions when necessary, assess administrative penalties when required, and prohib…

(a) Administrative Penalties. (1) The compliance review may result in the initiation of an enforcement action based upon the number and degree of seriousness of the violations discovered during the review as well as those factors listed in Title 49, Code of Federal Regulations, P…

(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 m…

(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…

If a participating depository institution fails to satisfy a claim against a deposit of public funds or becomes insolvent, the official custodian of a public entity (as set out in 12 CFR 330.15 ) may make a claim to recover their deposits of public funds. Notes 34 Tex. Admin. Cod…

(a) The comptroller will, as the designated agent of the public entity, monitor collateral pledged as part of the program and approve as appropriate, the pledge and withdrawal of collateral into and out of the custodian trustee account for pooled collateral. (b) The comptroller w…

(a) If the balance of deposits of public funds in a participating depository institution is increased, the participating depository institution will increase the collateral for the deposits to the required amount. (b) The comptroller shall determine the market value of acceptable…

(a) To properly secure the deposit of public funds and to preserve the integrity and viability of the pooled collateral program, the comptroller will designate those instruments in this section and on its website that it deems acceptable to pledge as collateral. The comptroller's…

(a) A participating depository institution must enter into a binding collateral security agreement with each public entity to secure public deposits. (b) A participating depository institution is responsible for pledging sufficient collateral when public deposits are received, an…

(a) An approved depository institution or public entity may withdraw from the pooled collateral program by providing written notice to the comptroller and the other named party to its collateral security agreement(s) (either the depository institution or public entity). The depos…

(a) The depository institution will submit a completed application and required documents, with original signatures as required. The application must include a statement: (1) of the amount of the applicant's paid capital stock and permanent surplus, if any; (2) of the applicant's…

(a) The comptroller will post on its website the depository institution application, collateral security agreement, related documents, and guidance for application and participation in the pooled collateral program. (b) The comptroller's approval of a depository institution's par…

(a) Participation in the pooled collateral program by a depository institution is voluntary. (b) A depository institution may participate in the pooled collateral program if: (1) the comptroller has approved the depository institution's participation in the pooled collateral prog…

(a) Participation in the pooled collateral program by a public entity is voluntary. (b) A public entity may participate in the pooled collateral program as an alternative to collateralization under Government Code, Chapter 2257, Subchapter B. (c) Deposits of public funds of a cou…

The following words and terms, when used in this chapter, have the following meanings: (1) Acceptable collateral--An eligible security under Government Code, § 2257.002(4) that is deemed acceptable by the comptroller to pledge as collateral to secure the deposit of public funds i…

The comptroller has been granted authority by Government Code, § 2257.102(a) to establish by rule a program for centralized pooled collateralization of deposits of public funds and for monitoring collateral maintained by participating depository institutions. The pooled collatera…

(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 direc…

(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 Departme…

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 pe…

(a) An employer required under the federal safety regulations to conduct alcohol and controlled substance testing of employees shall report to the department a valid positive result on an alcohol or controlled substance test performed as part of the carrier's alcohol and drug tes…

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 ma…

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 promul…

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 registe…

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. Notes 37 Tex. Admin. Code § 4.33 The provisions of this §4.33 adopted to be effective Mar…

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 veh…

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 stat…

(a) All commercial motor vehicles registered in this state shall be required to pass an annual inspection of all safety equipment required by the Federal Motor Carrier Safety Regulations on or before the expiration of the current state inspection or vehicle inspection report. (b)…

(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…

(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…

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. Notes 37 Tex. Admin. Code §…

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 contr…

(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 Technolog…

(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 subsec…

(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.…

(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 f…

(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…

(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. (…

(a) The comptrollers' office and all participants in the pooled collateral program will comply with all applicable laws, including the Federal Reserve regulations and Operating Circulars, in connection with the pooled collateral program. (b) A legal action brought by or against a…

(a) The comptroller at its discretion may require annual certification by a participating depository institution that it is in compliance with Government Code, Chapter 2257, Subchapter F and this chapter. (b) The comptroller may require written confirmation from a participating d…

(a) A participating depository institution, custodian trustee, and a permitted institution will maintain separate, accurate and complete records relating to each deposit of public funds, each pledge of collateral, and each transaction related to a pledge of collateral. (b) A depo…

(a) A public entity is responsible for reviewing and monitoring the reports posted on the comptroller's website related to its deposits of public funds. (b) A public entity is responsible for verifying the accuracy of the daily reports of its itemized deposits and reporting any d…

(a) The comptroller will publish instructions on the required electronic reporting procedures, deadlines, requirements, and format on its website. (b) The comptroller will provide an electronic acknowledgement of each report received and post each report on its website. (c) Each …

(a) The comptroller may, in addition to other penalties provided by law, impose an administrative penalty against a participating depository institution for: (1) failure to maintain collateral in an amount and in the manner required by Government Code, § 2257.104 and this chapter…

(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, f…

(a) A custodian trustee holds in trust the collateral pledged to secure deposits of public funds by the participating depository institution. (b) A custodian trustee must qualify as a custodian under Government Code, § 2257.104(c) or § 2257.041(d) before acting as a custodian tru…

(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 thr…