CHAPTER 644. COMMERCIAL MOTOR VEHICLE SAFETY STANDARDS - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE F. COMMERCIAL MOTOR VEHICLES

CHAPTER 644. COMMERCIAL MOTOR VEHICLE SAFETY STANDARDS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 644.001. DEFINITIONS. In this chapter:

(1) "Commercial motor vehicle" means:

(A) a commercial motor vehicle as defined by 49 C.F.R. Section

390.5, if operated interstate; or

(B) a commercial motor vehicle as defined by Section 548.001, if

operated intrastate.

(2) "Department" means the Department of Public Safety.

(3) "Director" means the public safety director.

(4) "Federal hazardous material regulation" means a federal

regulation in 49 C.F.R. Parts 101-199.

(5) "Federal motor carrier safety regulation" means a federal

regulation in Subtitle A, Title 49, or Subchapter B, Chapter III,

Subtitle B, Title 49, Code of Federal Regulations.

(6) "Federal safety regulation" means a federal hazardous

material regulation or a federal motor carrier safety regulation.

(7) "Port of entry" has the meaning assigned by Section 621.001.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff.

Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec.

17.24(a), 17.25(a), eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch.

359, Sec. 3, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325,

Sec. 16.02, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

313, Sec. 4, eff. September 1, 2005.

Sec. 644.002. CONFLICTS OF LAW. (a) A federal motor carrier

safety regulation prevails over a conflicting provision of this

title applicable to a commercial vehicle operated in interstate

commerce. A rule adopted by the director under this chapter

prevails over a conflicting provision of a federal motor carrier

safety regulation applicable to a commercial vehicle operated in

intrastate commerce.

(b) A safety rule adopted under this chapter prevails over a

conflicting rule adopted by a local government, authority, or

state agency or officer, other than a conflicting rule adopted by

the Railroad Commission of Texas under Chapter 113, Natural

Resources Code.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff.

Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

872, Sec. 1, eff. September 1, 2005.

Sec. 644.003. RULES. The department may adopt rules to

administer this chapter.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff.

Sept. 1, 1997.

Sec. 644.004. APPLICABILITY TO FOREIGN COMMERCIAL MOTOR

VEHICLES. Except as otherwise provided by law, this chapter also

applies to a foreign commercial motor vehicle, as defined by

Section 648.001.

Added by Acts 1999, 76th Leg., ch. 62, Sec. 17.26(a), eff. Sept.

1, 1999.

Sec. 644.005. DEPARTMENT DATABASE. The department shall develop

and maintain a database on roadside vehicle inspection reports

for defects on any intermodal equipment. The database shall

include all citations involving intermodal equipment issued by

officers certified under Section 644.101. The database shall be

used to identify violations discovered on intermodal equipment

during a roadside inspection.

Added by Acts 2001, 77th Leg., ch. 1227, Sec. 10, eff. Sept. 1,

2001.

SUBCHAPTER B. ADOPTION OF RULES

Sec. 644.051. AUTHORITY TO ADOPT RULES. (a) The director

shall, after notice and a public hearing, adopt rules regulating:

(1) the safe transportation of hazardous materials; and

(2) the safe operation of commercial motor vehicles.

(b) A rule adopted under this chapter must be consistent with

federal regulations, including federal safety regulations.

(c) The director may adopt all or part of the federal safety

regulations by reference.

(d) Rules adopted under this chapter must ensure that:

(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; and

(3) the physical condition of a commercial motor vehicle's

operator enables the operator to operate the vehicle safely.

(e) A motor carrier safety rule adopted by a local government,

authority, or state agency or officer must be consistent with

corresponding federal regulations.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff.

Sept. 1, 1997.

Sec. 644.052. APPLICABILITY OF RULES. (a) Notwithstanding an

exemption provided in the federal safety regulations, other than

an exemption relating to intracity or commercial zone operations

provided in 49 C.F.R. Part 395, a rule adopted by the director

under this chapter applies uniformly throughout this state.

(b) A rule adopted under this chapter applies to a vehicle that

requires a hazardous material placard.

(c) A rule adopted under this chapter may not apply to a vehicle

that is operated intrastate and that is:

(1) a machine generally consisting of a mast, engine, draw

works, and chassis permanently constructed or assembled to be

used and used in oil or water well servicing or drilling;

(2) a mobile crane that is an unladen, self-propelled vehicle

constructed as a machine to raise, shift, or lower weight; or

(3) a vehicle transporting seed cotton.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff.

Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

247, Sec. 5, eff. September 1, 2005.

Sec. 644.053. LIMITATIONS OF RULES. (a) A rule adopted under

this chapter may not:

(1) prevent an intrastate operator from operating a vehicle up

to 12 hours following eight consecutive hours off;

(2) require a person to meet the medical standards provided in

the federal motor carrier safety regulations if the person:

(A) was regularly employed in this state as a commercial motor

vehicle operator in intrastate commerce before August 28, 1989;

and

(B) is not transporting property that requires a hazardous

material placard;

(3) require a person who returns to the work-reporting location,

is released from work within 12 consecutive hours, has at least

eight consecutive hours off between each 12-hour period the

person is on duty, and operates within a 150-air-mile radius of

the normal work-reporting location to maintain a driver's record

of duty status as described by 49 C.F.R. Section 395.8, provided

that the person maintains time records in compliance with 49

C.F.R. Section 395.1(e)(5) and documents that verify the truth

and accuracy of the time records such as:

(A) business records maintained by the owner that provide the

date, time, and location of the delivery of a product or service;

or

(B) documents required to be maintained by law, including

delivery tickets or sales invoices, that provide the date of

delivery and the quantity of merchandise delivered; or

(4) impose during a planting or harvesting season maximum

driving and on-duty times on an operator of a vehicle

transporting an agricultural commodity in intrastate commerce for

agricultural purposes from the source of the commodity to the

first place of processing or storage or the distribution point

for the commodity, if the place is located within 150 air miles

of the source.

(b) For purposes of Subsection (a)(3)(A), an owner's time

records must at a minimum include:

(1) the time an operator reports for duty each day;

(2) the number of hours an operator is on duty each day;

(3) the time an operator is released from duty each day; and

(4) an operator's signed statement in compliance with 49 C.F.R.

Section 395.8(j)(2).

(c) In this section, "agricultural commodity" means an

agricultural, horticultural, viticultural, silvicultural, or

vegetable product, bees or honey, planting seed, cottonseed,

rice, livestock or a livestock product, or poultry or a poultry

product that is produced in this state, either in its natural

form or as processed by the producer, including woodchips.

(d) A rule adopted by the director under this chapter that

relates to hours of service, an operator's record of duty status,

or an operator's daily log, for operations outside a 150-mile

radius of the normal work-reporting location, also applies to and

must be complied with by a motor carrier of household goods not

using a commercial motor vehicle. In this subsection:

(1) "commercial motor vehicle" has the meaning assigned by

Section 548.001; and

(2) "motor carrier" has the meaning assigned by Section 643.001.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff.

Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec.

17.27(a), 17.27(b), eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

872, Sec. 2, eff. September 1, 2005.

Sec. 644.054. REGULATION OF CONTRACT CARRIERS OF CERTAIN

PASSENGERS. (a) This section applies only to a contract carrier

that transports an operating employee of a railroad on a road or

highway of this state in a vehicle designed to carry 15 or fewer

passengers.

(b) The department shall adopt rules regulating the operation of

a contract carrier to which this section applies. The rules

must:

(1) prohibit a person from operating a vehicle for more than 12

hours in a day;

(2) require a person who operates a vehicle for the number of

consecutive hours or days the department determines is excessive

to rest for a period determined by the department;

(3) require a contract carrier to keep a record of all hours a

vehicle subject to regulation under this section is operated;

(4) require a contract carrier to perform alcohol and drug

testing of vehicle operators on employment, on suspicion of

alcohol or drug abuse, and periodically as determined by the

department;

(5) require a contract carrier, at a minimum, to maintain

liability insurance in the amount of $1.5 million for each

vehicle; and

(6) be determined by the department to be necessary to protect

the safety of a passenger being transported or the general

public.

(c) The department shall inform contract carriers and railroad

companies that employ contract carriers of the requirements of

state statutes applicable to contract carriers.

Added by Acts 1999, 76th Leg., ch. 62, Sec. 17.28(a), eff. Sept.

1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

126, Sec. 1, eff. September 1, 2009.

SUBCHAPTER C. ADMINISTRATIVE ENFORCEMENT

Sec. 644.101. CERTIFICATION OF CERTAIN PEACE OFFICERS. (a) The

department shall establish procedures, including training, for

the certification of municipal police officers, sheriffs, and

deputy sheriffs to enforce this chapter.

(b) A police officer of any of the following municipalities is

eligible to apply for certification under this section:

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

(2) 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;

(3) a municipality with a population of less than 25,000:

(A) any part of which is located in a county with a population

of 2.4 million; and

(B) that contains or is adjacent to an international port;

(4) a municipality with a population of at least 34,000 that is

located in a county that borders two or more states;

(5) a municipality any part of which is located in a county

bordering the United Mexican States; or

(6) a municipality with a population of less than 5,000 that is

located:

(A) adjacent to a bay connected to the Gulf of Mexico; and

(B) in a county adjacent to a county with a population greater

than 3.3 million.

(c) A sheriff or a deputy sheriff of a county bordering the

United Mexican States or of a county with a population of 2.2

million or more is eligible to apply for certification under this

section.

(d) A sheriff, a deputy sheriff, or any peace officer that does

not attend continuing education courses on the enforcement of

traffic and highway laws and on the use of radar equipment as

prescribed by Subchapter F, Chapter 1701, Occupations Code, shall

not enforce traffic and highway laws.

(e) The department by rule shall establish reasonable fees

sufficient to recover from a municipality or a county the cost of

certifying its peace officers under this section.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff.

Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec.

17.29(a), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1189,

Sec. 39, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1227, Sec.

11, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

508, Sec. 2, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

702, Sec. 1, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1030, Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 23.009, eff. September 1, 2009.

Sec. 644.102. MUNICIPAL AND COUNTY ENFORCEMENT REQUIREMENTS.

(a) The department by rule shall establish uniform standards for

municipal or county enforcement of this chapter.

(b) A municipality or county that engages in enforcement under

this chapter:

(1) shall pay all costs relating to the municipality's or

county's enforcement;

(2) may not be considered, in the context of a federal grant

related to this chapter:

(A) a party to a federal grant agreement, except as provided by

Subsection (b-1); or

(B) a grantee under a federal grant to the department; and

(3) must comply with the standards established under Subsection

(a).

(b-1) Subsection (b) does not prohibit a municipality or county

from receiving High Priority Activity Funds provided under the

federal Motor Carrier Safety Assistance Program.

(c) Municipal or county enforcement under Section 644.103(b) is

not considered departmental enforcement for purposes of

maintaining levels of effort required by a federal grant.

(d) In each fiscal year, a municipality may retain fines from

the enforcement of this chapter in an amount not to exceed 110

percent of the municipality's actual expenses for enforcement of

this chapter in the preceding fiscal year, as determined by the

comptroller after reviewing the most recent municipal audit

conducted under Section 103.001, Local Government Code. If there

are no actual expenses for enforcement of this chapter in the

most recent municipal audit, a municipality may retain fines in

an amount not to exceed 110 percent of the amount the comptroller

estimates would be the municipality's actual expenses for

enforcement of this chapter during the year.

(e) In each fiscal year, a county may retain fines from the

enforcement of this chapter in an amount not to exceed 110

percent of the county's actual expenses for enforcement of this

chapter in the preceding fiscal year, as determined by the

comptroller after reviewing the most recent county audit

conducted under Chapter 115, Local Government Code. If there are

no actual expenses for enforcement of this chapter in the most

recent county audit, a county may retain fines in an amount not

to exceed 110 percent of the amount the comptroller estimates

would be the county's actual expenses for enforcement of this

chapter during the year.

(f) A municipality or county shall send to the comptroller the

proceeds of all fines that exceed the limit imposed by Subsection

(d) or (e). The comptroller shall then deposit the remaining

funds to the credit of the Texas Department of Transportation.

(g) The department shall revoke or rescind the certification of

any peace officer who fails to comply with any standard

established under Subsection (a).

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff.

Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 292, Sec. 1,

eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1227, Sec. 12, eff.

Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

258, Sec. 13.01, eff. September 1, 2007.

Sec. 644.103. DETENTION OF VEHICLES. (a) 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 this chapter.

(b) A municipal police officer who is certified under Section

644.101 may stop, enter, or detain on a highway or at a port of

entry within the territory of the municipality a motor vehicle

that is subject to this chapter. A sheriff or deputy sheriff who

is certified under Section 644.101 may stop, enter, or detain on

a highway or at a port of entry within the territory of the

county a motor vehicle that is subject to this chapter.

(c) A person who detains a vehicle under this section may

prohibit the further operation of the vehicle on a highway if the

vehicle or operator of the vehicle is in violation of a federal

safety regulation or a rule adopted under this chapter.

(d) A noncommissioned employee of the department who is

certified for the purpose by the director and who is supervised

by an officer of the department may, at a commercial motor

vehicle inspection site, stop, enter, or detain a motor vehicle

that is subject to this chapter. If the employee's inspection

shows that an enforcement action, such as the issuance of a

citation, is warranted for a violation of this title or a rule

adopted under this title, including a federal safety regulation

adopted under this chapter, the noncommissioned employee may take

enforcement action only if the employee is under the supervision

of an officer of the department.

(e) The department's training and other requirements for

certification of a noncommissioned employee of the department

under this section must be the same as the training and

requirements, other than the training and requirements for

becoming and remaining a peace officer, for officers who enforce

this chapter.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff.

Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec.

17.31(a), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1189,

Sec. 40, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1227, Sec.

13, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 359, Sec. 4,

eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 16.03,

eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

313, Sec. 5, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

12, Sec. 2, eff. April 23, 2007.

Sec. 644.104. INSPECTION OF PREMISES. (a) An officer or

employee of the department who has been certified for the purpose

by the director may enter a motor carrier's premises to:

(1) inspect real property, including a building, or equipment;

or

(2) copy or verify the correctness of documents, including

records or reports, required to be kept or made by rules adopted

under this chapter.

(b) The officer or employee may conduct the inspection:

(1) at a reasonable time;

(2) after stating the purpose of the inspection; and

(3) by presenting to the motor carrier:

(A) appropriate credentials; and

(B) a written statement from the department to the motor carrier

indicating the officer's or employee's authority to inspect.

(c) The department may use an officer to conduct an inspection

under this section if the inspection involves a situation that

the department determines to reasonably require the use or

presence of an officer to accomplish the inspection.

(d) The department's training and other requirements for

certification of a noncommissioned employee of the department

under this section must be the same as the training and

requirements, other than the training and requirements for

becoming and remaining a peace officer, for officers who enforce

this chapter.

(e) A municipal police officer who is certified under Section

644.101 may enter a motor carrier's premises to inspect equipment

on a per unit basis or in a manner agreeable between the motor

carrier and the enforcement entity:

(1) at a reasonable time;

(2) after stating the purpose of the inspection; and

(3) by presenting to the motor carrier appropriate credentials.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff.

Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1189, Sec.

41, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 642, Sec. 1,

eff. June 13, 2001.

SUBCHAPTER D. OFFENSES, PENALTIES, AND JUDICIAL ENFORCEMENT

Sec. 644.151. CRIMINAL OFFENSE. (a) A person commits an

offense if the person:

(1) violates a rule adopted under this chapter; or

(2) does not permit an inspection authorized under Section

644.104.

(b) An offense under this section is a Class C misdemeanor.

(c) Each day a violation continues under Subsection (a)(1) or

each day a person refuses to allow an inspection described under

Subsection (a)(2) is a separate offense.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff.

Sept. 1, 1997.

Sec. 644.152. CIVIL PENALTY. (a) A person who does not permit

an inspection authorized by Section 644.104 is liable to the

state for a civil penalty in an amount not to exceed $1,000.

(b) The attorney general may sue to collect the penalty in:

(1) the county in which the violation is alleged to have

occurred; or

(2) Travis County.

(c) The penalty provided by this section is in addition to the

penalty provided by Section 644.151.

(d) Each day a person refuses to permit an inspection described

by Subsection (a) is a separate violation for purposes of

imposing a penalty.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff.

Sept. 1, 1997.

Sec. 644.153. ADMINISTRATIVE PENALTY. (a) The department may

impose an administrative penalty against a person who violates:

(1) a rule adopted under this chapter; or

(2) a provision of Subchapter C that the department by rule

subjects to administrative penalties.

(b) To be designated as subject to an administrative penalty

under Subsection (a)(2), a provision must relate to the safe

operation of a commercial motor vehicle.

(c) The department shall:

(1) designate one or more employees to investigate violations

and conduct audits of persons subject to this chapter; and

(2) impose an administrative penalty if the department discovers

a violation that is covered by Subsection (a) or (b).

(d) A penalty under this section may not exceed the maximum

penalty provided for a violation of a similar federal safety

regulation.

(e) If the department determines to impose a penalty, the

department shall issue a notice of claim. The department shall

send the notice of claim by certified mail, registered mail,

personal delivery, or another manner of delivery that records the

receipt of the notice by the person responsible. The notice of

claim must include a brief summary of the alleged violation and a

statement of the amount of the recommended penalty and inform the

person that the person is entitled to a hearing on the occurrence

of the violation, the amount of the penalty, or both the

occurrence of the violation and the amount of the penalty. A

person who is subject to an administrative penalty imposed by the

department under this section is required to pay the penalty or

respond to the department within 20 days of receipt of the

department's notice of claim.

(f) Before the 21st day after the date the person receives the

notice of claim, the person may:

(1) accept the determination and pay the recommended penalty; or

(2) make a written request for an informal hearing or an

administrative hearing on the occurrence of the violation, the

amount of the penalty, or both the occurrence of the violation

and the amount of the penalty.

(g) At the conclusion of an informal hearing requested under

Subsection (f), the department may modify the recommendation for

a penalty.

(h) If the person requests an administrative hearing, the

department shall set a hearing and give notice of the hearing to

the person. The hearing shall be held by an administrative law

judge of the State Office of Administrative Hearings. The

administrative law judge shall make findings of fact and

conclusions of law and promptly issue to the director a proposal

for a decision as to the occurrence of the violation and the

amount of a proposed penalty.

(i) If a penalty is proposed under Subsection (h), the

administrative law judge shall include in the proposal for a

decision a finding setting out costs, fees, expenses, and

reasonable and necessary attorney's fees incurred by the state in

bringing the proceeding. The director may adopt the finding and

make it a part of a final order entered in the proceeding.

(j) Based on the findings of fact, conclusions of law, and

proposal for a decision, the director by order may find that a

violation has occurred and impose a penalty or may find that no

violation occurred. The director may, pursuant to Section

2001.058(e), Government Code, increase or decrease the amount of

the penalty recommended by the administrative law judge within

the limits prescribed by this chapter.

(k) Notice of the director's order shall be given to the

affected person in the manner required by Chapter 2001,

Government Code, and must include a statement that the person is

entitled to seek a judicial review of the order.

(l) Before the 31st day after the date the director's order

becomes final as provided by Section 2001.144, Government Code,

the person must:

(1) pay the amount of the penalty;

(2) pay the amount of the penalty and file a petition for

judicial review contesting:

(A) the occurrence of the violation;

(B) the amount of the penalty; or

(C) both the occurrence of the violation and the amount of the

penalty; or

(3) without paying the amount of the penalty, file a petition

for judicial review contesting:

(A) the occurrence of the violation;

(B) the amount of the penalty; or

(C) both the occurrence of the violation and the amount of the

penalty.

(m) Within the 30-day period under Subsection (l), a person who

acts under Subsection (l) may:

(1) stay enforcement of the penalty by:

(A) paying the amount of the penalty to the court for placement

in an escrow account; or

(B) filing with the court a supersedeas bond approved by the

court for the amount of the penalty that is effective until all

judicial review of the director's order is final; or

(2) request the court to stay enforcement of the penalty by:

(A) filing with the court an affidavit of the person stating

that the person is financially unable to pay the amount of the

penalty and is financially unable to give the supersedeas bond;

and

(B) sending a copy of the affidavit to the director by certified

mail.

(n) Before the sixth day after the date the director receives a

copy of an affidavit filed under Subsection (m)(2), the

department may file with the court a contest to the affidavit.

The court shall hold a hearing on the facts alleged in the

affidavit as soon as practicable and shall stay the enforcement

of the penalty if the court finds that the alleged facts are

true. The person who files an affidavit under Subsection (m)(2)

has the burden of proving that the person is financially unable

to:

(1) pay the amount of the penalty; and

(2) file the supersedeas bond.

(o) If the person does not pay the amount of the penalty and the

enforcement of the penalty is not stayed, the director may:

(1) refer the matter to the attorney general for collection of

the amount of the penalty;

(2) initiate an impoundment proceeding under Subsection (q); or

(3) refer the matter to the attorney general and initiate the

impoundment proceeding.

(p) A person who fails to pay, or becomes delinquent in the

payment of an administrative penalty imposed by the department

under this subchapter may not operate or direct the operation of

a commercial motor vehicle on the highways of this state until

the administrative penalty has been remitted to the department.

(q) The department shall impound any commercial motor vehicle

owned or operated by a person in violation of Subsection (p)

after the department has first served the person with a notice of

claim. Service of the notice may be by certified mail, registered

mail, personal delivery, or any other manner of delivery showing

receipt of the notice.

(r) A commercial motor vehicle impounded by the department under

Subsection (q) shall remain impounded until the administrative

penalties imposed against the person are remitted to the

department, except that an impounded commercial motor vehicle

left at a vehicle storage facility controlled by the department

or any other person shall be considered an abandoned motor

vehicle on the 11th day after the date of impoundment if the

delinquent administrative penalty is not remitted to the

department before that day. Chapter 683 applies to the commercial

motor vehicle, except that the department is entitled to receive

from the proceeds of the sale the amount of the delinquent

administrative penalty and costs.

(s) All costs associated with the towing and storage of the

commercial motor vehicle and load shall be the responsibility of

the person and not the department or the State of Texas.

(t) A proceeding under this section is subject to Chapter 2001,

Government Code.

(u) Each penalty collected under this section shall be deposited

to the credit of the Texas mobility fund.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff.

Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 292, Sec. 2,

eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 359, Sec. 5, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 11.08, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 11.08, 16.04,

eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

728, Sec. 23.001(85), eff. September 1, 2005.

Sec. 644.154. SUIT FOR INJUNCTION. (a) The attorney general

shall sue to enjoin a violation or a threatened violation of a

rule adopted under this chapter on request of the director.

(b) The suit must be brought in the county in which the

violation or threat is alleged to have occurred.

(c) The court may grant the director, without bond or other

undertaking:

(1) a prohibitory or mandatory injunction, including a temporary

restraining order; or

(2) after notice and hearing, a temporary or permanent

injunction.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff.

Sept. 1, 1997.

Sec. 644.155. COMPLIANCE REVIEW AND SAFETY AUDIT PROGRAM. The

department shall implement and enforce a compliance review and

safety audit program similar to the federal program established

under 49 C.F.R. Part 385 for any person who owns or operates a

commercial motor vehicle that is domiciled in this state.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff.

Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 292, Sec. 3,

eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 359, Sec. 6, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 16.05, eff.

Sept. 1, 2003.

SUBCHAPTER E. ROUTING OF HAZARDOUS MATERIALS

Sec. 644.201. ADOPTION OF RULES. (a) The Texas Transportation

Commission shall adopt rules under this subchapter consistent

with 49 C.F.R. Part 397 for the routing of nonradioactive

hazardous materials.

(b) Rules concerning signage, public participation, and

procedural requirements may impose more stringent requirements

than provided by 49 C.F.R. Part 397.

(c) The rules must provide for consultation with a political

subdivision when a route is being proposed within the

jurisdiction of the political subdivision.

Added by Acts 1999, 76th Leg., ch. 62, Sec. 17.32(a), eff. Sept.

1, 1999.

Sec. 644.202. DESIGNATION OF ROUTE. (a) A political

subdivision of this state or a state agency may designate a route

for the transportation of nonradioactive hazardous materials over

a public road or highway in this state only if the Texas

Department of Transportation approves the route.

(b) A municipality with a population of more than 750,000 shall

develop a route for commercial motor vehicles carrying hazardous

materials on a road or highway in the municipality and submit the

route to the Texas Department of Transportation for approval. If

the Texas Department of Transportation determines that the route

complies with all applicable federal and state regulations

regarding the transportation of hazardous materials, the Texas

Department of Transportation shall approve the route and notify

the municipality of the approved route.

(c) The Texas Transportation Commission may designate a route

for the transportation of nonradioactive hazardous materials over

any public road or highway in this state. The designation may

include a road or highway that is not a part of the state highway

system only on the approval of the governing body of the

political subdivision that maintains the road or highway.

Added by Acts 1999, 76th Leg., ch. 62, Sec. 17.32(a), eff. Sept.

1, 1999.

Sec. 644.203. SIGNS. (a) The Texas Department of

Transportation shall provide signs for a designated route under

Section 644.202(c) over a road or highway that is not part of the

state highway system. Notwithstanding Section 222.001, the Texas

Department of Transportation may use money in the state highway

fund to pay for the signs.

(b) The political subdivision that maintains the road or highway

shall bear the costs for installation and maintenance of the

signs.

Added by Acts 1999, 76th Leg., ch. 62, Sec. 17.32(a), eff. Sept.

1, 1999.

SUBCHAPTER F. REPORT ON ALCOHOL AND DRUG TESTING

Sec. 644.251. DEFINITIONS. In this subchapter:

(1) "Employee" has the meaning assigned by 49 C.F.R. Section

40.3.

(2) "Valid positive result" means:

(A) an alcohol concentration of 0.04 or greater on an alcohol

confirmation test; or

(B) a result at or above the cutoff concentration levels listed

in 49 C.F.R. Section 40.87 on a confirmation drug test.

Added by Acts 2005, 79th Leg., Ch.

9, Sec. 2, eff. September 1, 2005.

Sec. 644.252. REPORT OF REFUSAL AND CERTAIN RESULTS. (a) An

employer required to conduct alcohol and drug testing of an

employee who holds a commercial driver's license under Chapter

522 under federal safety regulations as part of the employer's

drug testing program or consortium, as defined by 49 C.F.R. Part

382, shall report to the department:

(1) a valid positive result on an alcohol or drug test performed

and whether the specimen producing the result was a dilute

specimen, as defined by 49 C.F.R. Section 40.3;

(2) a refusal to provide a specimen for an alcohol or drug test;

or

(3) an adulterated specimen or substituted specimen, as those

terms are defined by 49 C.F.R. Section 40.3, on an alcohol or

drug test performed.

(b) The department shall maintain the information provided under

this section.

(c) Information maintained under this section is confidential

and only subject to release as provided by Section 521.053.

Added by Acts 2005, 79th Leg., Ch.

9, Sec. 2, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

367, Sec. 1, eff. September 1, 2007.