37 Tex. Admin. Code § 4.13 – Authority to Enforce, Training and Certificate Requirements

(a) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise.
1. (1) Commercial vehicle inspector--
  1. (A) An officer of the department or a noncommissioned employee of the department who meets the training and certification requirements contained in subsection (c) of this section and is certified by the department;
  2. (B) A municipal police officer from the cities listed in Texas Transportation Code, §644.101, acting within the territory of the municipality, who meets the training and certification requirements contained in subsection (c) of this section and is certified by the department; and
  3. (C) A sheriff or deputy sheriff from the counties listed in Texas Transportation Code, §644.101, acting within the territory of the county, who meets the training and certification requirements contained in subsection (c) of this section and is certified by the department.
2. (2) CVSA--The Commercial Vehicle Safety Alliance.
3. (3) NAS--North American Standard.
4. (4) Operational Policy 4--The Commercial Vehicle Safety Alliance's Operational Policy 4, titled "Inspector Training and Certification."
(b) Authority to Enforce.
1. (1) A commercial vehicle inspector, except for a noncommissioned employee of the department, may stop, enter, or detain on a highway, at a commercial vehicle inspection site, or at a port of entry a motor vehicle that is subject to Texas Transportation Code, Chapter 644.
2. (2) A commercial vehicle inspector who is a non-commissioned employee of the department may stop, enter, or detain at a commercial motor vehicle inspection site or at a port of entry a motor vehicle that is subject to Texas Transportation Code, Chapter 644.
3. (3) A commercial vehicle inspector may prohibit the further operation of a vehicle on a highway, at a commercial vehicle inspection site, or at a port of entry if the vehicle or operator of the vehicle is in violation of Texas Transportation Code, Chapter 522, or a federal safety regulation or rule adopted under Texas Transportation Code, Chapter 644, by declaring the vehicle or operator out-of-service using the NAS CVSA Out-of-Service Criteria as a guideline.
4. (4) A commercial vehicle inspector who is certified to conduct CVSA Level VI inspections may prohibit the further operation of a vehicle transporting transuranic waste and highway route controlled quantities of radioactive materials on a highway, at a commercial vehicle inspection site, or at a port of entry if the vehicle or operator of the vehicle is in violation of Texas Transportation Code, Chapter 522, or a federal safety regulation or rule adopted under Texas Transportation Code, Chapter 644, by declaring the vehicle or operator out-of-service using the CVSA Level VI Out-of-Service Criteria as guidelines.
(c) Training and Certification Requirements.
1. (1) A commercial vehicle inspector, before being certified to enforce the Federal Motor Carrier Safety Regulations, must:
  1. (A) successfully complete the NAS Part A and Part B Roadside Inspection Course;
  2. (B) successfully complete the Texas Intrastate Roadside Inspection Course (Part C); and
  3. (C) participate in an on-the-job training program following completion of the NAS Part A and Part B Roadside Inspection Course and the Texas Intrastate Roadside Inspection Course (Part C) with a certified officer and perform the required number and level of inspections as set forth in the current CVSA Operational Policy 4. These inspections should be completed as soon as practicable, but no later than six months after passing the Texas Intrastate Roadside Inspection Course (Part C) exam.
2. (2) A commercial vehicle inspector, before being certified to enforce the Hazardous Materials Regulations, must:
  1. (A) successfully complete the NAS Part A and Part B Roadside Inspection Course and the Texas Intrastate Roadside Inspection Course (Part C);
  2. (B) successfully complete the NAS General Hazardous Materials Inspection Course; and
  3. (C) participate in an on-the-job training program following completion of the NAS General Hazardous Materials Inspection Course with a certified officer and perform the required number and level of inspections as set forth in the current CVSA Operational Policy 4. These inspections must be on vehicles containing non-bulk quantities of hazardous materials. These inspections should be completed as soon as practicable, but no later than six months after passing the NAS General Hazardous Materials Inspection Course exam.
3. (3) A commercial vehicle inspector, before being certified to enforce the Cargo Tank Inspection requirements, must:
  1. (A) successfully complete the NAS Part A and Part B Roadside Inspection Course and the Texas Intrastate Roadside Inspection Course (Part C);
  2. (B) successfully complete the NAS General Hazardous Materials Inspection Course;
  3. (C) successfully complete the NAS Cargo Tank Inspection Course; and
  4. (D) participate in an on-the-job training program following completion of the NAS Cargo Tank Inspection Course with a certified officer and perform the required number and level of inspections as set forth in the current CVSA Operational Policy 4. These inspections must be on vehicles transporting hazardous materials in cargo tanks conforming to the cargo tank inspection standards set forth in the current CVSA Operational Policy 4. These inspections should be completed as soon as practicable, but no later than six months after passing the NAS Cargo Tank Inspection Course exam.
4. (4) A commercial vehicle inspector, before being certified to enforce the Other Bulk Packaging requirements, must:
  1. (A) successfully complete the NAS Part A and Part B Roadside Inspection Course and the Texas Intrastate Roadside Inspection Course (Part C);
  2. (B) successfully complete the NAS General Hazardous Materials Inspection Course;
  3. (C) successfully complete the NAS Cargo Tank Inspection Course; and
  4. (D) successfully complete the NAS Other Bulk Packaging Course.
5. (5) A commercial vehicle inspector, before being certified to enforce the Passenger Carrying Vehicle Inspection requirements, must:
  1. (A) successfully complete the NAS Part A and Part B Roadside Inspection Course and the Texas Intrastate Roadside Inspection Course (Part C);
  2. (B) successfully complete the NAS Passenger Carrying Vehicle Inspection Course; and
  3. (C) participate in an on-the-job training program following completion of the NAS Passenger Carrying Vehicle Inspection Course with a certified officer and perform the required number and level of inspections as set forth in the current CVSA Operational Policy 4. These inspections must be on passenger carrying vehicles, such as motorcoaches/buses. These inspections should be completed as soon as practicable, but no later than six months after passing the NAS Passenger Carrying Vehicle Inspection Course exam.
6. (6) A commercial motor vehicle inspector, before being certified to conduct CVSA Level VI inspections on vehicles transporting transuranic waste and highway route-controlled quantities of radioactive materials, must:
  1. (A) successfully complete the NAS Part A and Part B Roadside Inspection Course and the Texas Intrastate Roadside Inspection Course (Part C);
  2. (B) successfully complete the NAS General Hazardous Materials Inspection Course; and
  3. (C) successfully complete the CVSA Level VI Inspection Course.
7. (7) When the training is provided by the department, the department may collect fees in an amount sufficient to recover from municipalities and counties the cost of certifying its peace officers. The fees shall include:
  1. (A) the per diem costs of the instructors established in accordance with the Appropriations Act regarding in-state travel;
  2. (B) the travel costs of the instructors to and from the training site;
  3. (C) all course fees charged to the department;
  4. (D) all costs of supplies; and
  5. (E) the cost of the training facility, if applicable.
8. (8) A public or private entity desiring to train police officers in the enforcement of the Federal Motor Carrier Safety Regulations must:
  1. (A) submit a schedule of the courses to be instructed;
  2. (B) submit an outline of the subject matter in each course;
  3. (C) submit a list of the instructors and the instructor's qualifications to be used in the training course;
  4. (D) submit a copy of the examination;
  5. (E) submit an estimate of the cost of the course;
  6. (F) receive approval from the director or the director's designee prior to providing the training course;
  7. (G) provide a list of all peace officers attending the training course, including the peace officer's name, rank, agency, social security number, dates of the course, and the examination score; and
  8. (H) receive from each peace officer, municipality, or county the cost of providing the training course(s).
(d) Maintaining Certification.
1. (1) In order to maintain the certification to enforce the Federal Motor Carrier Safety Regulations, a commercial vehicle inspector must:
  1. (A) Successfully complete the required annual certification training provided by the department; and
  2. (B) Perform the minimum number of inspections set forth in the current CVSA Operational Policy 4. These inspections must be per calendar year and must be of the inspector's highest certified level.
2. (2) In order to maintain the certification to enforce the Hazardous Materials Regulations, a commercial vehicle inspector must:
  1. (A) maintain the certification to enforce the Federal Motor Carrier Safety Regulations; and
  2. (B) perform the minimum number and level of inspections on vehicles containing bulk and/or non-bulk quantities of hazardous materials set forth in the current CVSA Operational Policy 4. These inspections must be per calendar year.
3. (3) In order to maintain the certification to enforce the Cargo Tank Inspection requirements, a commercial vehicle inspector must:
  1. (A) maintain the certification to enforce the Federal Motor Carrier Safety Regulations;
  2. (B) maintain the certification to enforce the Hazardous Materials Regulations; and
  3. (C) perform the minimum number and level of inspections on vehicles transporting hazardous materials in cargo tanks conforming to the cargo tank inspection standards set forth in the CVSA Operational Policy 4. These inspections must be per calendar year.
4. (4) In order to maintain the certification to enforce the Other Bulk Packaging requirements, a commercial vehicle inspector must:
  1. (A) maintain the certification to enforce the Federal Motor Carrier Safety Regulations; and
  2. (B) maintain the certification to enforce the Hazardous Materials Regulations.
5. (5) In order to maintain the certification to enforce the Passenger Carrying Vehicle Inspection requirements, a commercial vehicle inspector must:
  1. (A) maintain the certification to enforce the Federal Motor Carrier Safety Regulations; and
  2. (B) perform the minimum number and level of inspections on passenger carrying vehicles, such as motorcoaches/buses, as set forth in the current CVSA Operational Policy 4. These inspections must be per calendar year.
6. (6) In order to maintain the certification to enforce the CVSA Level VI inspections, a commercial vehicle inspector must:
  1. (A) maintain the certification to enforce the Federal Motor Carrier Safety Regulations;
  2. (B) maintain the certification to enforce the Hazardous Materials Regulations; and
  3. (C) successfully complete the required biennial CVSA Level VI recertification training provided by the department.
(e) Inspections Encompassing More Than One Criterion.
1. (1) Inspections encompassing more than one criterion will not count toward the initial certification of more than one type of inspection.
2. (2) All inspections encompassing more than one criterion may be used to satisfy multiple maintenance of certification requirements for a commercial vehicle inspector, as applicable.
3. (3) Both the department and commercial vehicle inspectors will adhere to the "Reference Chart for Calculating Annual Certification," as set forth in the current CVSA Operational Policy 4 when determining how an inspection encompassing more than one criterion satisfies the maintenance of certification requirements.
(f) Decertification.
1. (1) In the event a commercial vehicle inspector does not meet the requirements of this section, the commercial vehicle inspector's certification will be revoked or rescinded by the department. Such action will be initiated by the director or the director's designee.
2. (2) To be recertified after a certification is revoked or rescinded, a commercial vehicle inspector must, at the discretion of the director or the director's designee, either successfully recomplete the applicable course(s) or pass the applicable examination(s) which may include the NAS Part A and Part B Roadside Inspection Course, the Texas Intrastate Roadside Inspection Course (Part C), the NAS General Hazardous Materials Inspection Course, the NAS Cargo Tank Inspection Course, the NAS Other Bulk Packaging Inspection Course, the NAS Passenger Carrying Vehicle Inspection Course, and/or the CVSA Level VI Inspection Course, and repeat the specified number of inspections set forth within the current CVSA Operational Policy 4 with a certified officer.
3. (3) A commercial vehicle inspector who fails any examination or fails to successfully demonstrate proficiency in conducting inspections after allowing any certification to lapse, will be required to repeat the entire training process as outlined in subsection (c) of this section.

Source Note:The provisions of this §4.13 adopted to be effective March 9, 2004, 29 TexReg 2376; amended to be effective January 4, 2005, 29 TexReg 12235; amended to be effective May 22, 2005, 30 TexReg 3031; amended to be effective September 22, 2005, 30 TexReg 6065; amended to be effective January 24, 2006, 31 TexReg 404; amended to be effective May 30, 2006, 31 TexReg 4442; amended to be effective October 1, 2006, 31 TexReg 8109; amended to be effective January 28, 2007, 32 TexReg 245; amended to be effective January 2, 2008, 32 TexReg 10056; amended to be effective June 11, 2008, 33 TexReg 4527; amended to be effective April 9, 2013, 38 TexReg 2227; amended to be effective October 8, 2013, 38 TexReg 6822; amended to be effective October 21, 2015, 40 TexReg 7245; amended to be effective January 9, 2018, 43 TexReg 96; amended to be effective September 24, 2019, 44 TexReg 5405; amended to be effective October 29, 2025, 50 TexReg 7017.