1. (a) When used in this subchapter, the word "license" means a certificate of registration issued by the department under Texas Transportation Code, Chapter 643 to a sole proprietor motor carrier. A license authorizes a motor carrier to engage in certain operations under Transportation Code, Chapter 643.

2. (b) The particular offenses referenced in §211.25 of this title (relating to Criminal Offense Guidelines; Imprisonment) relate to the duties and responsibilities of a license holder under Texas Transportation Code, Chapter 643 because an individual who is predisposed to commit violations of certain laws may have a greater opportunity to commit such offenses with a license, in addition to the following reasons regarding particular types of motor carrier operations under Texas Transportation Code, Chapter 643:

   1. (1) For the felony offenses referenced in §211.25(c) of this title, a licensed motor carrier controls, operates, or directs the operation of one or more motor vehicles that transport persons or cargo, which enables the license holder to commit certain offenses that involve the use of a motor vehicle. Also, a licensed motor carrier provides the department with certain information and documents that the department uses to administer and enforce Texas Transportation Code, Chapter 643 and that law enforcement uses to enforce certain laws, including Texas Transportation Code, Chapter 644 and the administrative rules that the Texas Department of Public Safety adopted under Texas Transportation Code, Chapter 644. In addition, a potential customer of a motor carrier has access to certain information on the department's website to determine whether to use the services of a particular licensed motor carrier, and the licensed motor carrier must provide the department with most of this information as part of a license application and any required updates. A licensed motor carrier is in a position of trust with the department because a licensed motor carrier must provide accurate information and documents to the department, so the department's records are reliable for the department, law enforcement, and potential shippers or passengers of the motor carrier.
   2. (2) For the offenses referenced in §211.25(d) of this title regarding a motor carrier of passengers, a license creates a position of trust between the motor carrier and their passengers. Passengers lose some of their autonomy over themselves and their tangible personal property, documents, and cargo while they are in another person's motor vehicle. If the passenger is a child, there is even more risk of a crime involving the child or the child's tangible personal property, documents, or cargo.
   3. (3) For the offenses referenced in §211.25(e) of this title regarding a for-hire motor carrier of any cargo (including any tangible personal property or a document), a license creates a position of trust between the motor carrier and its shipper. A shipper and an individual associated with the shipper may interact with the motor carrier in person, which provides an opportunity for the motor carrier to commit an offense against the individual. Also, a shipper loses control over their cargo when the motor carrier has possession of the cargo. In addition, the motor carrier likely has access to information regarding the location and description of the shipper's cargo at least a day before the contractual deadline for loading the cargo for transport, which may provide an opportunity for the motor carrier to commit offenses regarding a shipper's cargo.
   4. (4) For the offenses referenced in §211.25(f) of this title regarding a household goods carrier, a license creates a position of trust between the motor carrier and its shipper and potentially provides the household goods carrier with access to the shipper's home, the shipper, and other individuals located in or around the shipper's home, including children.
   5. (5) For the offenses referenced in §211.25(g) of this title regarding a motor carrier who transports hazardous materials, a license provide such motor carriers with access to hazardous materials, which are potentially dangerous to the public and the environment if the motor carrier does not comply with the applicable laws.

Source Note:The provisions of this §211.23 adopted to be effective May 1, 2026, 51 TexReg 2772.