PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 4. COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES
SUBCHAPTER B. REGULATIONS GOVERNING TRANSPORTATION SAFETY
The Texas Department of Public Safety (the department) proposes amendments to §4.12, concerning Exemptions and Exceptions. The proposed amendments remove concrete pumps from the list of exempted vehicles consistent with §644.052 of the Transportation Code.
Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period this rule is in effect there will be no fiscal implications for state or local government, or local economies.
Ms. Whittenton has also determined that the proposed amendments will result in an adverse economic effect on small businesses and micro-businesses, but there will be no adverse economic effect on rural communities. The department estimates that there are fewer than 1,000 companies in Texas that own concrete pump trucks, and most are likely small and micro-businesses. Some of these companies are interstate in nature and already adhere to federal standards and thus, would not be affected. The department estimates that the projected economic impact for small and micro-businesses who own concrete pump trucks will be $2,000-$3,000 per year due to increased costs for compliance with safety training and reporting. There are no alternative methods that the department may consider in mitigating these effects under a regulatory flexibility analysis because the proposed amendments are required by §644.052 of the Transportation Code.
Ms. Whittenton has determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of enforcing the rule will be maximum efficiency of the Motor Carrier Safety Assistance Program, which promotes the safety of all travelers on Texas roads.
The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.
The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does expand an existing regulation. The proposed rulemaking does increase the number of individuals subject to its applicability. During the first five years the proposed rule is in effect, the proposed rule should not impact positively or negatively the state's economy.
The Texas Department of Public Safety, in accordance with the Administrative Procedures Act, Texas Government Code, §2001, et seq., and Texas Transportation Code, Chapter 644, will hold a public hearing on Tuesday, September 17, 2024, at 9:00 a.m., at the Texas Department of Public Safety, Texas Highway Patrol Division, Building G Annex, 5805 North Lamar, Austin, Texas. The purpose of this hearing is to receive comments from all interested persons regarding adoption of the proposed amendments to Administrative Rule §4.12 regarding Exemptions and Exceptions, proposed for adoption under the authority of Texas Transportation Code, Chapter 644, which provides that the director shall, after notice and a public hearing, adopt rules regulating the safe operation of commercial motor vehicles.
Persons interested in attending this hearing are encouraged to submit advance written notice of their intent to attend the hearing and to submit a written copy of their comments. Correspondence should be addressed to Major Chris Nordloh, Texas Highway Patrol Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0500.
Persons with special needs or disabilities who plan to attend this hearing and who may need auxiliary aids or services are requested to contact Major Chris Nordloh at (512) 424-2775 at least three working days prior to the hearing so that appropriate arrangements can be made.
Other comments on this proposal may be submitted to Major Chris Nordloh, Texas Highway Patrol Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0500, (512) 424-2775. Comments must be received no later than thirty (30) days from the date of publication of this proposal.
These amendments are proposed pursuant to Texas Transportation Code, §644.051, which authorizes the director to adopt rules regulating the safe transportation of hazardous materials and the safe operation of commercial motor vehicles; and authorizes the director to adopt all or part of the federal safety regulations, by reference.
Texas Transportation Code, §644.003, §644.051, §644.052, and §644.155 are affected by this proposal.
§4.12.Exemptions and Exceptions.
(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) - (C) [(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; or
(C) a vehicle transporting seed cotton.[; or]
[(D) concrete pumps.]
(2) The provisions of Title 49, Code of Federal Regulations, §395.3 shall not apply to intrastate commerce. Drivers in intrastate commerce will be permitted to drive 12 hours following 8 consecutive hours off duty. Drivers in intrastate commerce may not drive after having been on duty 15 hours, following 8 consecutive hours off duty. Drivers in intrastate commerce violating the 12 or 15 hour limits provided in this paragraph shall be placed out-of-service for 8 consecutive hours. Drivers of vehicles operating in intrastate commerce shall be permitted to accumulate the equivalent of 8 consecutive hours off duty by taking a combination of at least 8 consecutive hours off duty and sleeper berth time; or by taking two periods of rest in the sleeper berth, providing:
(A) neither rest period in the sleeper berth is shorter than 2 hours duration;
(B) the driving time in the period immediately before and after each rest period in the sleeper berth, when added together, does not exceed 12 hours;
(C) the on duty time in the period immediately before and after each rest period in the sleeper berth, when added together, does not include any driving time after the 15th hour; and
(D) the driver may not return to driving subject to the normal hours of service requirements in this subsection without taking at least 8 consecutive hours off duty, at least 8 consecutive hours in the sleeper berth, or a combination of at least 8 consecutive hours off duty and sleeper berth time.
(3) Drivers in intrastate commerce who are not transporting placardable hazardous materials and were regularly employed in Texas as commercial vehicle drivers prior to August 28, 1989, are not required to meet the medical standards contained in the federal regulations.
(A) For the purpose of enforcement of this regulation, those drivers who reached their 18th birthday on or after August 28, 1989, shall be required to meet all medical standards.
(B) The exceptions contained in this paragraph shall not be deemed as an exemption from drug and alcohol testing requirements contained in Title 49, Code of Federal Regulations, Part 40 and Part 382.
(4) The maintenance of a driver's record of duty status is not required if the vehicle is operated within a 150 air-mile radius of the driver's normal work reporting location if:
(A) the driver returns to the normal work reporting location and is released from work within 14 consecutive hours;
(B) the driver has at least 8 consecutive hours off duty separating each 14 hours on duty; and
(C) the motor carrier that employs the driver maintains and retains for a period of 6 months true and accurate time and business records which include:
(i) the time the driver reports for duty each day;
(ii) the total number of hours the driver is on duty each day;
(iii) the time the driver is released from duty each day; and
(iv) the total time on duty for the preceding seven days in accordance with Title 49, Code of Federal Regulations, §395.8(j)(2) for drivers used for the first time or intermittently.
(5) An electronic logging device (ELD) and an automatic on-board recording device have the meaning as defined in Title 49, Code of Federal Regulations, §395.2.
(6) Unless otherwise exempted, a motor carrier operating commercial motor vehicles intrastate shall require each of its drivers to record the driver's record of duty status:
(A) Using an ELD that meets the requirements of subpart B of Title 49, Code of Federal Regulations, Part 395;
(B) Using an automatic on-board recording device that meets the requirements of Title 49, Code of Federal Regulations, §395.15; or
(C) Manually, recorded as specified in Title 49, Code of Federal Regulations, §395.8. The record of duty status must be recorded in duplicate for each 24-hour period for which recording is required.
(7) Unless otherwise exempted, a motor carrier operating commercial motor vehicles intrastate must install and require each of its drivers to use an ELD to record the driver's duty status in accordance with Title 49, Code of Federal Regulations, Part 395.
(8) The provisions of Title 49, Code of Federal Regulations, Part 395 shall not apply to drivers transporting agricultural commodities in intrastate commerce for agricultural purposes within a 150 air-mile radius from the source of the commodities or the distribution point for the farm supplies during planting and harvesting seasons.
(b) Exceptions adopted by the director of the Texas Department of Public Safety not specified in Texas Transportation Code, §644.053, are:
(1) Title 49, Code of Federal Regulations, §393.86, requiring rear-end protection shall not be applicable provided the vehicle was manufactured prior to September 1, 1991 and is used solely in intrastate commerce.
(2) Drivers of vehicles under this section operating in intrastate transportation shall not be permitted to drive after having worked and/or driven for 70 hours in any consecutive seven-day period. A driver may restart a consecutive seven-day period after taking 34 or more consecutive hours off-duty. Drivers in intrastate transportation violating the 70 hour limit provided in this paragraph will be placed out-of-service until no longer in violation.
(3) For drivers of commercial motor vehicles operating in intrastate transportation and used exclusively in the transportation of oilfield equipment, including the stringing and picking up of pipe used in pipelines, and servicing of the field operations of the natural gas and oil industry, any period of 7 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours.
(4) For drivers of a commercial motor vehicle operating in intrastate transportation and used primarily in the transportation of construction materials and equipment, any period of 7 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours. "Transportation of construction materials and equipment" has the meaning assigned by Title 49, Code of Federal Regulations, §395.2.
(5) The provisions of Title 49, Code of Federal Regulations, §391.11(b)(1) shall not apply to intrastate commerce. The minimum age for an intrastate driver shall be 18 years of age. Intrastate drivers in violation of this paragraph shall be placed out-of-service until no longer in violation.
(6) The provisions of Title 49, Code of Federal Regulations, §391.11(b)(2) shall not apply to intrastate commerce. An intrastate driver must have successfully passed the examination for a Texas Commercial Driver's License and be a minimum age of 18 years old.
(7) Texas Transportation Code, §547.401 and §547.404, concerning brakes on trailers weighing 15,000 pounds gross weight or less take precedence over the brake requirements in the federal regulations for trailers of this gross weight specification unless the vehicle is required to meet the requirements of Federal Motor Vehicle Safety Standard No. 121 (Title 49, Code of Federal Regulations §571.121) applicable to the vehicle at the time it was manufactured.
(8) Title 49, Code of Federal Regulations, §390.23 (Relief from Regulations), is adopted for intrastate motor carriers with the exceptions detailed in subparagraphs (A) and (B) of this paragraph:
(A) Title 49, Code of Federal Regulations, §390.23(a)(2) is not applicable to intrastate motor carriers making emergency residential deliveries of heating fuels or responding to a pipeline emergency, provided the carrier:
(i) documents the type of emergency, the duration of the emergency, and the drivers utilized; and
(ii) maintains the documentation on file for a minimum of six months. An emergency under this paragraph is one that if left unattended would result in immediate serious bodily harm, death, or substantial property damage but does not include routine requests to refill empty propane gas tanks.
(B) The requirements of Title 49, Code of Federal Regulations, §390.23(c)(1) and (2), for intrastate motor carriers shall be:
(i) the driver has met the requirements of Texas Transportation Code, Chapter 644; and
(ii) the driver has had at least eight consecutive hours off-duty when the driver has been on duty for 15 or more consecutive hours, or the driver has had at least 34 consecutive hours off duty when the driver has been on duty for more than 70 hours in seven consecutive days.
(9) The provisions of Title 49, Code of Federal Regulations,
Part 380 (Subparts A - D) shall not apply to intrastate motor carriers
and drivers. [Title 49, Code of Federal Regulations.]
(10) In accordance with §4132 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETA-LU) (Pub. L. 109-59), the hours of service regulations in this subchapter are not applicable to utility service vehicles that operate in either interstate or intrastate commerce. Utility service vehicles are those vehicles operated by public utilities, as defined in the Public Utility Regulatory Act, the Gas Utility Regulatory Act, the Texas Water Code, Title 49, Code of Federal Regulations, §395.2, or other applicable regulations, and charged with the responsibility for maintaining essential services to the public to protect health and safety.
(11) The United States Department of Transportation number requirements in Texas Transportation Code, Chapter 643 do not apply to vehicles/motor carriers operating exclusively in intrastate commerce and that are exempted from the requirements by Texas Transportation Code, §643.002.
(12) Drivers of vehicles under this section, operating
in intrastate transportation, who encounter adverse driving conditions
and cannot, because of those conditions, safely complete the run within
the maximum driving time or duty time during which driving is permitted
under subsection (a)(2) of this section, may drive and be permitted
or required to drive a commercial motor vehicle for not more than
two additional hours beyond the maximum allowable hours permitted
under subsection (a)(2) of this section to complete that run or to
reach a place offering safety for the occupants of the commercial
motor vehicle and security for the commercial motor vehicle and its
cargo. Adverse driving conditions mean [means]
snow, sleet, fog, or other adverse weather conditions, a highway covered
with snow or ice, or unusual road and traffic conditions, none of
which were apparent on the basis of information known to the driver
immediately prior to beginning the duty day or immediately before
beginning driving after a qualifying rest break or sleeper berth period,
or a motor carrier immediately prior to dispatching the driver.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 14, 2024.
TRD-202403707
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: September 29, 2024
For further information, please call: (512) 424-5848
CHAPTER 341. GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS
SUBCHAPTER C. CHIEF ADMINISTRATIVE OFFICER RESPONSIBILITIES
The Texas Juvenile Justice Department (TJJD) proposes new 37 TAC §341.306, Providing Information to TJJD.
SUMMARY OF CHANGES
New §341.306 will require juvenile probation departments to annually submit to TJJD information on gaps in resources, programs, and services for juveniles that, had they been available, might have allowed the juveniles to remain in the community rather than being committed to TJJD.
FISCAL NOTE
Emily Anderson, Deputy Executive Director: Support Operations and Finance, has determined that, for each year of the first five years the new section is in effect, there will be no significant fiscal impact for state government or local governments as a result of enforcing or administering the section.
PUBLIC BENEFITS/COSTS
Rachel Gandy, Chief of Staff, has determined that for each year of the first five years the new section is in effect, the public benefit anticipated as a result of administering the section will be increased access to statewide data that the agency and its partners may use to expand local capacity and keep additional youth as shallow in the juvenile justice system as appropriate.
Ms. Anderson has also determined that there will be no effect on small businesses, micro-businesses, or rural communities. There is no anticipated economic cost to persons who are required to comply with the new section as proposed. No private real property rights are affected by adoption of this section.
GOVERNMENT GROWTH IMPACT
TJJD has determined that, during the first five years the new section is in effect, the section will have the following impacts.
(1) The proposed section does not create or eliminate a government program.
(2) The proposed section does not require the creation or elimination of employee positions at TJJD.
(3) The proposed section does not require an increase or decrease in future legislative appropriations to TJJD.
(4) The proposed section does not impact fees paid to TJJD.
(5) The proposed section does not create a new regulation.
(6) The proposed section does not expand, limit, or repeal an existing regulation.
(7) The proposed section does not increase or decrease the number of individuals subject to the section's applicability.
(8) The proposed section will not positively or adversely affect this state's economy.
PUBLIC COMMENTS
Comments on the proposal may be submitted within 30 days after publication of this notice to Texas Juvenile Justice Department, Policy and Standards Section, P.O. Box 12757, Austin, Texas 78711, or via email to policy.proposals@tjjd.texas.gov.
STATUTORY AUTHORITY
The new section is proposed under §203.0185, Human Resources Code (as added by SB 1727, 88th Legislature, Regular Session), which requires the board to adopt rules requiring juvenile probation departments to report to TJJD relevant information on gaps in resources, programs, and services that, if available in the community, may allow children to be kept closer to home as an alternative to commitment to TJJD.
No other statute, code, or article is affected by this proposal.
§341.306.Providing Information to TJJD.
(a) The chief administrative officer or designee must annually provide TJJD with information on gaps in resources, programs, and services for juveniles served by the juvenile probation department.
(b) The information must include a description of the needs of juveniles committed to TJJD that were not met with community resources and information on the types of resources, programs, and services that, if available in the community, might have allowed the juveniles to remain in the community as an alternative to commitment to TJJD.
(c) The information shall be provided in the format and by the deadline established by TJJD.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 14, 2024.
TRD-202403724
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Earliest possible date of adoption: September 29, 2024
For further information, please call: (512) 490-7278
SUBCHAPTER B. INTERACTION WITH THE PUBLIC
The Texas Juvenile Justice Department (TJJD) proposes new 37 TAC §385.8103, Board Proceedings.
SUMMARY OF CHANGES
New §385.8103 will establish provisions relating to the Texas Juvenile Justice Board's organization, powers and responsibilities, and meetings.
FISCAL NOTE
Emily Anderson, Deputy Executive Director: Support Operations and Finance, has determined that, for each year of the first five years the new section is in effect, there will be no significant fiscal impact for state government or local governments as a result of enforcing or administering the section.
PUBLIC BENEFITS/COSTS
Rachel Gandy, Chief of Staff, has determined that for each year of the first five years the new section is in effect, the public benefit anticipated as a result of administering the section will be greater transparency regarding the TJJD Governing Board and the ways in which it conducts its business.
Ms. Anderson has also determined that there will be no effect on small businesses, micro-businesses, or rural communities. There is no anticipated economic cost to persons who are required to comply with the new section as proposed. No private real property rights are affected by adoption of this section.
GOVERNMENT GROWTH IMPACT
TJJD has determined that, during the first five years the new section is in effect, the section will have the following impacts.
(1) The proposed section does not create or eliminate a government program.
(2) The proposed section does not require the creation or elimination of employee positions at TJJD.
(3) The proposed section does not require an increase or decrease in future legislative appropriations to TJJD.
(4) The proposed section does not impact fees paid to TJJD.
(5) The proposed section does not create a new regulation.
(6) The proposed section does not expand, limit, or repeal an existing regulation.
(7) The proposed section does not increase or decrease the number of individuals subject to the section's applicability.
(8) The proposed section will not positively or adversely affect this state's economy.
PUBLIC COMMENTS
Comments on the proposal may be submitted within 30 days after publication of this notice to Texas Juvenile Justice Department, Policy and Standards Section, P.O. Box 12757, Austin, Texas 78711, or via email to policy.proposals@tjjd.texas.gov.
STATUTORY AUTHORITY
The new section is proposed under §202.008, Human Resources Code, which requires the board to adopt rules regulating the board's proceedings.
No other statute, code, or article is affected by this proposal.
§385.8103.Board Proceedings.
(a) Organization.
(1) The Texas Juvenile Justice Board (Board) is a nine-member body appointed by the governor to oversee the Texas Juvenile Justice Department. The Board chair is designated by and serves at the pleasure of the governor.
(2) The Board may elect or appoint a vice chair to preside over meetings in the chair's absence.
(3) The Board chair may appoint members of the Board to be chairs or members of standing or limited-purpose committees.
(4) Unless otherwise provided by law, the Board chair, with the Board's approval, shall appoint the members of any advisory committees established under Chapter 203, Human Resources Code.
(b) Powers and Responsibilities.
(1) The Board shall have primary responsibility for policymaking activities, including, but not limited to, establishing the department's mission and adopting rules.
(2) The Board shall have the sole responsibility for the adoption of rules proposed by the Board or the department. Unless otherwise provided by law, the Board shall follow the rulemaking procedures established in the Administrative Procedure Act (Chapter 2001, Government Code).
(3) The Board may delegate to the executive director the Board's responsibilities, as the Board determines appropriate. In making such a delegation, the Board shall provide clear direction, performance measures, reporting requirements, and oversight, as appropriate, to ensure the delegated responsibilities are performed.
(4) The Board shall develop and publish on TJJD's website procedures regarding its operations and proceedings in a governance manual.
(c) Meetings.
(1) The Board shall meet at least quarterly at a site determined by the chair.
(2) The Board meets at the call of the Board chair.
(3) Every regular and special-called meeting of the Board shall be announced and conducted in accordance with the Open Meetings Act (Chapter 551, Government Code). These meetings shall be open to the public as provided by the Open Meetings Act.
(4) Board meetings shall be conducted according to the current edition of Robert's Rules of Order Newly Revised in all instances to which they are applicable as long as they are not inconsistent with the Texas Constitution or the statutes or rules applicable to the Board. Any rule within Robert's Rules of Order Newly Revised may be modified as deemed necessary by the Board chair for the proper conduct of the meeting, subject to an objection by a Board member.
(5) The transaction of business before the Board requires a quorum of the Board be present. A quorum of the Board is five members. When a quorum is present, a motion before the Board is carried by an affirmative vote of the majority of the Board members present that are participating in the vote.
(6) As a member of the Board, the Board chair may make motions without the necessity of relinquishing the chair, subject to an objection from a Board member.
(7) The Board chair may limit the number and length of comments provided on any item on the agenda, subject to an objection from a Board member.
(8) The Board shall provide the public with a reasonable opportunity to address the Board on issues under the Board's jurisdiction.
(A) A person who wants to speak during a Board meeting must register in accordance with the Board meeting instructions. The person may speak during the public comment portion of the meeting or, at the discretion of the Board chair, during the discussion of a specific agenda item.
(B) The Board or the department may provide instructions regarding the presentation of public comments during a Board meeting.
(9) The Board shall provide the Office of Independent Ombudsman with a reasonable opportunity to address the Board on issues under the Board's jurisdiction.
(10) Department staff shall ensure Board members are provided the materials necessary to conduct Board business in advance of Board meetings.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 14, 2024.
TRD-202403723
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Earliest possible date of adoption: September 29, 2024
For further information, please call: (512) 490-7278