· Rules. Texas adopts by reference the federal hazardous materials regulations as they apply to the transportation of hazardous materials by motor carriers with some minor changes in definitions. Texas, however, allows for the imposition of administrative penalties. For more information concerning the federal requirements, see the national section HAZARDOUS MATERIALS TRANSPORTERS.
· Administration and enforcement. DPS administers and enforces the hazardous materials regulations.
37 TAC 4.16
DPS may impose an administrative penalty against a motor carrier who violates a provision of the Texas Transportation Code as it relates to the safe operation of a commercial motor vehicle.
For motor carriers whose verified annual gross revenue is less than $1 million, DPS will assess an alternative administrative penalty that is a percentage of their gross revenue and depends on the number of different violations. Passenger and hazardous materials motor carriers can be assessed penalties at a higher percentage than other motor carriers.
The penalty may not be less than $500.