1. (a) Semiportable and fixed scale models. Semiportable and fixed scale models that have the current year certification from the Texas Department of Agriculture will be approved by the Texas Department of Public Safety for law enforcement purposes.

2. (b) Portable wheel weigher models. Portable wheel weigher models that meet the standards set out in the 1986 National Bureau of Standards Handbook 44 will be approved for enforcement purposes by the Texas Department of Public Safety and may include only the following exceptions.

   1. (1) Weight readout may be truncated to the next lower increment reading.
   2. (2) Hold mode may hold scale reading until manually released.

3. (c) Approval procedures.

   1. (1) Semiportable and fixed scales. Any person, firm, or corporation desiring approval by the Texas Department of Public Safety must have the scale model number tested and certified by the Texas Department of Agriculture.
   2. (2) Portable scales. Any person, firm or corporation desiring approval shall submit to the Texas Department of Public Safety a properly attested verification affidavit, on a form which will be furnished by the department upon request. The affidavit shall state, in part, that the make and model of the particular portable scale meets the criteria set forth in subsection (b) of this section.
   3. (3) List of approved scales. The department will furnish upon request a list of approved makes and models of scales.
   4. (4) Cancellation or suspension of approval. If, at any time, it is determined that any approved scale does not comply with the required specifications, the department will cancel the approval of said make and model; provided, however, that the person, firm, or corporation holding such an approval is entitled to 30 days' notice of such proposed cancellation of approval. During such 30-day period, the holder of the approval shall have an opportunity to submit proof that the make and model number in question does in fact comply with these specifications. Such proof shall include attestation from an independent testing agency that the scale in question complies with the criteria set forth in subsection (b) of this section.

Source Note:The provisions of this §21.6 adopted to be effective August 23, 1986, 11 TexReg 3698.