HBA-TBM, SEP H.B. 433 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 433
By: Driver
Public Safety
2/27/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, the Department of Public Safety (DPS) enforces regulations
relating to federal motor carrier safety and hazardous materials.  Current
law also permits the enforcement of such regulations by a police officer in
a municipality with a certain population or locale, provided that the
officer is trained and certified by DPS to do so.  House Bill 433 requires
DPS to establish procedures for the certification of all municipal police
officers, sheriffs, and sheriff's deputies to enforce such regulations. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Department of Public Safety in
SECTION 1 (Section 644.101, Transportation Code) and SECTION 2 (Section
644.102, Transportation Code). 

ANALYSIS

House Bill 433 amends the Transportation Code to require the Department of
Public Safety (department) to establish procedures for  the certification
of sheriffs and sheriffs deputies providing for county enforcement of
commercial motor vehicle safety standards (safety standards).  The bill
also removes eligibility restrictions on municipal enforcement of safety
standards.  H.B. 433 requires the department to establish by rule
reasonable fees and uniform standards relating to county enforcement of the
safety standards.   

EFFECTIVE DATE

September 1, 2001.