SECTION 4.13. Authority to Enforce, Training and Certificate Requirements  


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  • (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 any of the Texas cities meeting the training and certification requirements contained in subsection (b) of this section and certified by the department may stop, enter or detain on a highway or at a port of entry within the municipality a motor vehicle subject to Texas Transportation Code, Chapter 644:

    (A) a municipality with a population of 50,000 or more;

    (B) a municipality with a population of 25,000 or more, any part of which is located in a county with a population of 500,000 or more;

    (C) a municipality with a population of less than 25,000, any part of which is located in a county with a population of 3.3 million and that contains or is adjacent to an international port;

    (D) a municipality with a population of at least 34,000 that is located in a county that borders two or more states;

    (E) a municipality any part of which is located in a county bordering the United Mexican States;

    (F) a municipality with a population of less than 5,000 that is located adjacent to a bay connected to the Gulf of Mexico and in a county adjacent to a county with a population greater than 3.3 million;

    (G) a municipality that is located within 25 miles of an international port and in a county that does not contain a highway that is part of the national system of interstate and defense highways and is adjacent to a county with a population greater than 3.3 million;

    (H) a municipality with a population of less than 8,500 that is the county seat and contains a highway that is part of the national system of interstate and defense highways;

    (I) a municipality located in a county with a population between 60,000 and 66,000 adjacent to a bay connected to the Gulf of Mexico; or

    (J) a municipality with a population of more than 40,000 and less than 50,000 that is located in a county with a population of more than 285,000 and less than 300,000 that borders the Gulf of Mexico.

    (5) A sheriff, or deputy sheriff from any of the Texas counties meeting the training and certification requirements contained in subsection (b) of this section and certified by the department, may stop, enter or detain on a highway or at a port of entry within the county a motor vehicle subject to Texas Transportation Code, Chapter 644:

    (A) a county bordering the United Mexican States; or

    (B) a county with a population of 700,000 or more.

    (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.

    (b) Training and Certification Requirements.

    (1) Minimum standards. Certain peace officers from the municipalities and counties specified in subsection (a) of this section before being certified to enforce this article must meet the standards detailed in this paragraph:

    (A) successfully complete the North American Standard Roadside Inspection Course;

    (B) successfully complete the Texas Intrastate Roadside Inspection Course (Part C), if initial certification occurs on or after January 1, 2006, or if recertification is required under subsection (c)(4) of this section; and

    (C) participate in an on-the-job training program following the North American Standard Roadside Inspection Course with a certified officer and perform a minimum of 32 level I inspections. These inspections should be completed as soon as practicable, but no later than six months after course completion.

    (2) Hazardous materials. Certain peace officers from the municipalities and counties specified in subsection (a) of this section and eligible to enforce the Hazardous Materials Regulations must:

    (A) successfully complete the North American Standard Roadside Inspection Course;

    (B) successfully complete the Hazardous Materials Inspection Course; and

    (C) participate in an on-the-job training program following this course with a certified officer and perform a minimum of 16 level I inspections on vehicles containing non-bulk quantities of hazardous materials. These inspections should be completed as soon as practicable, but no later than six months after course completion.

    (3) Cargo Tank Specification. Certain peace officers from the municipalities and counties specified in subsection (a) of this section and eligible to enforce the Cargo Tank Specification requirements must:

    (A) successfully complete the North American Standard Roadside Inspection Course;

    (B) successfully complete the Hazardous Materials Inspection Course;

    (C) successfully complete the Cargo Tank Inspection Course; and

    (D) participate in an on-the-job training program following this course with a certified officer and perform a minimum of 16 level I inspections on vehicles transporting hazardous materials in cargo tanks. These inspections should be completed as soon as practicable, but no later than six months after course completion.

    (4) Other Bulk Packaging. Certain peace officers from the municipalities and counties specified in subsection (a) of this section and eligible to enforce the Other Bulk Packaging requirements must:

    (A) successfully complete the North American Standard Roadside Inspection Course;

    (B) successfully complete the Hazardous Materials Inspection Course;

    (C) successfully complete the Cargo Tank Inspection Course; and

    (D) successfully complete the Other Bulk Packaging Course.

    (5) Passenger Vehicle. Certain peace officers from the municipalities and counties specified in subsection (a) of this section and eligible to enforce the passenger vehicle requirements must:

    (A) successfully complete the North American Standard Roadside Inspection Course;

    (B) successfully complete the Passenger Vehicle Inspection Course; and

    (C) participate in an on-the-job training program following this course with a certified officer and perform a minimum of 8 level I or V inspections on passenger vehicles such as motor coaches/buses. These inspections should be completed as soon as practicable, but no later than six months after course completion.

    (6) Training provided by the department. When the training is provided by the Texas Department of Public Safety, the department shall collect fees in an amount sufficient to recover from municipalities and counties the cost of certifying its peace officers. The fees shall include:

    (A) the per diem costs of the instructors established in accordance with the Appropriations Act regarding in-state travel;

    (B) the travel costs of the instructors to and from the training site;

    (C) all course fees charged to the department;

    (D) all costs of supplies; and

    (E) the cost of the training facility, if applicable.

    (7) Training provided by other training entities. A public or private entity desiring to train police officers in the enforcement of the Federal Motor Carrier Safety Regulations must:

    (A) submit a schedule of the courses to be instructed;

    (B) submit an outline of the subject matter in each course;

    (C) submit a list of the instructors and their qualifications to be used in the training course;

    (D) submit a copy of the examination;

    (E) submit an estimate of the cost of the course;

    (F) receive approval from the director prior to providing the training course;

    (G) provide a list of all peace officers attending the training course, including the peace officer's name, rank, agency, social security number, dates of the course, and the examination score; and

    (H) receive from each peace officer, municipality, or county the cost of providing the training course(s).

    (c) Maintaining Certification.

    (1) To maintain certification to conduct inspections and enforce the federal safety regulations, a peace officer must:

    (A) Successfully complete the required annual certification training; and

    (B) Perform a minimum of 32 Level I inspections per calendar year.

    (C) If the officer is certified to perform hazardous materials inspections, at least eight inspections (Levels I, II or V) shall be conducted on vehicles containing non-bulk quantities of hazardous materials per calendar year. Level I inspections on vehicles containing non-bulk quantities of hazardous materials may also be used to satisfy the 32 Level I inspections required by subparagraph (B) of this paragraph.

    (D) If the officer is certified to perform cargo tank inspections, at least eight inspections (Levels I, II or V) shall be conducted on vehicles transporting hazardous materials in cargo tanks per calendar year. Level I inspections on cargo tank vehicles transporting hazardous materials may also be used to satisfy the 32 Level I inspections required by subparagraph (B) of this paragraph.

    (E) If the officer is certified to perform other bulk packaging inspections, the officer can use Level I inspections performed on vehicles transporting hazardous materials in other bulk packaging to satisfy the 32 Level I inspections required by subparagraph (B) of this paragraph. Level I, II or V inspections on vehicles transporting hazardous materials in other bulk packaging may also be used to satisfy the eight inspections required by subparagraph (D) of this paragraph.

    (F) If the officer is certified to perform passenger vehicle inspections, at least eight inspections (Levels I or V) shall be conducted on passenger vehicles such as motor coaches/buses per calendar year. Level I inspections on passenger vehicles may also be used to satisfy the 32 Level I inspections required by subparagraph (B) of this paragraph.

    (2) In the event an officer does not meet the requirements of subsection (c) of this section, his or her certification shall be suspended by the department. Such suspension action will be initiated by the director or the director's designee.

    (3) To be recertified, after suspension, an officer shall pass the applicable examinations which may include the North American Standard Roadside Inspection, the Hazardous Materials Inspection Course, the Cargo Tank Inspection Course, the Other Bulk Packaging Inspection Course, and/or the Passenger Vehicle Inspection Course and repeat the specified number of inspections with a certified officer.

    (4) Any officer failing any examination, or failing to successfully demonstrate proficiency in conducting inspections after allowing any certification to lapse will be required to repeat the entire training process as outlined in subsection (b) of this section.

Source Note: The provisions of this §4.13 adopted to be effective March 9, 2004, 29 TexReg 2376; amended to be effective January 4, 2005, 29 TexReg 12235; amended to be effective May 22, 2005, 30 TexReg 3031; amended to be effective September 22, 2005, 30 TexReg 6065; amended to be effective January 24, 2006, 31 TexReg 404; amended to be effective May 30, 2006, 31 TexReg 4442; amended to be effective October 1, 2006, 31 TexReg 8109; amended to be effective January 28, 2007, 32 TexReg 245; amended to be effective January 2, 2008, 32 TexReg 10056; amended to beeffective June 11, 2008, 33 TexReg 4527; amended to be effective April 9, 2013, 38 TexReg 2227; amended to be effective October 8, 2013, 38 TexReg 6822; amended to be effective October 21, 2015, 40 TexReg 7245