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.