19-R-126 MOU with the Texas Dept of Public SafetyRESOLUTION NO. 19 -R -126
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING MEMORANDUMS OF
UNDERSTANDING WITH THE TEXAS DEPARTMENT OF PUBLIC
SAFETY, FOR THE PURPOSE OF OBTAINING A CERTIFICATION OF
COMMERCIAL VEHICLE ENFORCEMENT AUTHORITY AND OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, there exists an ongoing concern from citizens of Schertz concerning the
increased operations and safety of commercial motor vehicles within the city limits; and
WHEREAS, the Texas Transportation Code strictly restricts the enforcement of weight
limits and specific commercial motor vehicle rules; and
WHEREAS, the Schertz Police Department has been granted the authority to enforce
weight limits and specific commercial motor vehicle rules; and
WHEREAS, the City staff of the City of Schertz has recommended that the City enter
into an Memorandum of Understanding with the Texas Department of Public Safety, for the
purpose of obtaining a certification of commercial vehicle enforcement authority; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with the Texas Department of Public Safety pursuant to the Memorandum of
Understanding attached hereto as Exhibit A (the "Agreement ").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the Chief of Police to execute and
deliver the Agreement with City and the Texas Department of Public Safety in substantially the
form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
50417899.1
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 24th day of September,
CITY O lSeM m . ,�� ..Z. TEXAS
ATTEST-,
°� ecre ary
50417899.1
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
50417899.1 A -1
MEMORANDUM OF UNDERSTANDING
Between
DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS (DPS)
and
SCHERTZ POLICE ITITDEPARTMENT „(Allied Agency)
1. General Agreement
In accordance with Transportation Code § 621.402, DPS has established the following
parameters for approved Allied Agencies seeking to enforce the defined state laws within
Transportation Code Chapter 621, Subchapter F.
In order to maximize the uniform enforcement of statute, the parties enter into this
Memorandum of Understanding (MOU) regarding training, approved scale use, annual scale
re- calibration standards, violation report requirements, and mandated annual reporting.
II. DPS Responsibilities
In orderto better implement and maintain the standards in this MOU, DPS will:
1 Train, retrain (as necessary or desirable), test and certify the officers of any qualified
Allied Agency.
2. Forward any weight enforcement complaints or challenges to the issuing Allied Agency.
DPS may conduct random, in- person observation of weight enforcement inspections
conducted by an Allied Agency in order to ensure that Allied Agency's officers are adhering to
DPS certification standards.
Ill. Allied Agency Responsibilities
A. Certification Training
Allied Agency must enroll their commissioned, full -time officers in the 40 hour, Basic CVE
course conducted at the direction of the DPS Motor Carrier Bureau. A commissioned officer
must obtain 80% or better to become certified as a "weight enforcement officer." After initial
certification, mandated re- certification training will take place following each legislative
session. Weight enforcement officers must obtain 80% or better to maintain certification. DPS
will immediately suspend any officer who fails to re- certify and Allied Agency must prohibit
that officer from conducting or assisting with any weight enforcement activities.
Allied Agency may discontinue agency certification at any time by notifying DPS in writing. If a
certified officer separates from an Allied Agency, Allied Agency must notify DPS within ten
days.
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B. Application of Statute
During the course of duty, an Allied Agency weight enforcement officer must adhere to the
"reasonable suspicion" requirements in weighing a commercial motor vehicle as inferred by
Transportation Code § 621.402. There must be an articulable reason to detain a vehicle prior
to utilizing any type of approved scale to determine actual weight. A fixed location signaling all
commercial traffic to enter a weight enforcement site is in direct conflict with this mandate.
C. Approved Scales
Allied Agency must purchase and utilize scales from the approved Scale List found at the
following URL: http://www.dps.texas.gov/cve/PubILicafions INprovedScaleList.pd f.
The approved scales must be re- calibrated during each calendar year by a certified scale
technician or vendor. All individual scale calibration records must be retained for the
current year plus the two previous years and are subject to review during contested judicial
proceedings and random DPS audit.
D. Violation Report Requirements
In addition to typical driver and vehicle information and infractions, the following
information must be included on all weight enforcement violation reports:
1. US DOT Number / TX DMV Number;
2. State identification / registration identification of units and company unit numbers
(license plate numbers for the power units and towed vehicle);
3. Registered weights and the Gross Vehicle Weight Ratings of each vehicle;
4. Axle configuration diagram with corresponding axle distance measurements and
the recorded actual weights measured of each axle, tandem axle andtri -axle;
5. Overweight permit number;
6. Load disposition; and
7. Gross weight and group weight.
E. Annual Reporting Requirements
Allied Agency must submit an annual report of its weight enforcement activities for each
calendar year to DPS. The report must be directed to the Motor Carrier Bureau in Austin,
Texas and must be received by January 31 of each year for the prior year's enforcement
activities. The annual reporting requirements under this Section will survive the
termination date of this MOU.
F. Statutory Financial Reporting / Remittance Requirements
Allied Agency must comply with Transportation Code § 621.506(g) and report that data to DPS. This includes: (1)
sending the required 50 percent share to the State of Texas's Comptroller of Public Accounts if the fine meets the
statutory criteria; and (2) only imposing the minimum dollar fine unless the vehicle's weight was determined by a
scale given or approved by DPS.
Allied Agency must comply with the reporting and fiscal requirements mandated by this MOU
and TRC 621.506. Prior renewal, verification of fiscal standing with the Texas Comptroller of
Public Accounts will be conducted.
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IV. Termination of Certification
* * * UNLESS RENEWED THIS MOU WLLL EXPIRE ON August 1, 2021 * * *
To prevent a loss of authority to conduct weight enforcement inspections, please mail,
email, or FAX your renewal request to DPS no more than 60 but no less than 30 days
prior to the expiration of this MOU. if the renewal has not been executed by the Allied
Agency before the MOU expiration date, certified officers must cease performing all weight
enforcement activities, until the renewal has been fully executed.
DPS may issue a warning to Allied Agency if Allied Agency fails to comply with MOU
requirements in such a way that DPS deems that the weight enforcement action being taken
is contrary to established training and statute. Failure to immediately correct any compliance
issue or comply with the required remittance of assessed fines to the Texas Comptroller's
Office may result in the termination of the established MOU and the decertification of Allied
Agency.
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V. Program Coordinators
Allied Agency's weight enforcement coordinators are responsible for all communications and
contacts required to manage this MOU. The coordinators must provide any updates regarding
contact information within 30 calendar days. The current program coordinators for this MOU
are:
Allied Agency:
Program Coordinator
Address
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Department of Public Safety of the State of
Texas:
Captain Omar Villa rreal,_Mana er
Program Coordinator
Texas Highway Patrol Motor Carrier Bureau
P.O. Box 4087
Austin Texas 78773 -0522
Address
(512) 424 -2053
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(512) 424 -5712
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MCB Allied AgenciesTRC Ch. 621 Template Page of
Evidence of Acceptance:
Signature of Authorized Official
Political Subdivision
...Name .�.� .�..
Title
Date
MCB Allied Agencies TRC Ch. 621 Template Page 5 of 5
MEMORANDUM OF UNDERSTANDING
Between
DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS (DPS)
and
SCHERTZ POLICE DEPARTMENT (Allied Agency)
I. GENERAL AGREEMENT
A. Introduction and Statutory Authority
DPS and Allied Agency enter into this Memorandum of Understanding (MOU) in order to
maximize the effective utilization of commercial motor vehicle, driver, and cargo inspection
resources; to avoid duplication of effort, to expand the number of inspections performed;
to advance uniformity of inspections; and to minimize delays in schedules incurred by the
industry inherent to this type of enforcement activity.
1. Due to the need for a basic delineation of routine responsibilities for the federal, state,
county, and municipal agencies, it is agreed:
• DPS will inspect vehicles operating over public highways and at carrier terminal
facilities.
• Allied Agencies must, as a routine practice, confine inspection activities to vehicles
operating over public highways and city streets in their jurisdictions with the
exception of municipal police officers certified under Tex. Transp. Code § 644.101.
These certified municipal police officers may conduct vehicle inspections at carrier
terminal facilities.
2. The Federal Motor Carrier Safety Administration (FMCSA) has imposed timeliness and
accuracy standards on DPS regarding interstate and intrastate motor carrier
information. DPS, in turn, has established timeliness and accuracy standards for Allied
Agencies engaged in the inspection of commercial motor vehicles (CMV).
3. Allied Agencies and their authorized inspection representatives (Program Coordinators)
must implement procedures in accordance with the minimum standards in this MOU.
4. In order to advance uniformity in the inspection of CMV and their operators, Allied
Agencies must adopt the Commercial Vehicle Safety Alliance's (CVSA) North American
Standard Roadside Inspection Procedures and the North American Standard Out -of-
Service Criteria as adopted by DPS under the following:
• Tex. Transp. Code Ch. 644, located at htt Www .s '
statutes.leg smmstate.tx.us ;
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• 37 Tex. Admin. Code Chapter 4, Subchapter B; 37 Tex. Admin. Code Chapter 16,
Subchapter A; and 37 Tex. Admin. Code Chapter 21 located at
http://www.!sos.texa owv tac, inwdexshtml; and
The most current version of the CMV Enforcement Guidance Documents provided
by DPS to the Allied Agencies:
CVSA Levels of Insoection
o Level 1 North American Standard
• Level II Walk -a -round Inspection
• Level III Driver -Only Inspection
• Level IV Special Inspection
• Level V Vehicle -Only Inspection (Terminal)
The State of Texas has an inspection quality agreement with the FMCSA in its Commercial
Vehicle Safety Plan. Inspections found to be non - compliant with this policy may be nullified
by the DPS Motor Carrier Bureau (MCB) from the carrier's safety profile and from the
inspector's certification record by the authority of the Assistant Division Director of the DPS
Texas Highway Patrol (THP) or that person's designee.
If amendments to 37 Tex. Admin. Code Chapter 4, Subchapter B require amending this
MOU, DPS will do so within a reasonable period of time. The date of any amendment under
this paragraph will not affect the renewal date described in Section IV, unless otherwise
indicated by DPS.
II. DPS RESPONSIBILITIES
DPS will:
A. Train, retrain (as necessary or desirable), test, and certify Allied Agency inspectors as per
the agreement between DPS and the CVSA.
B. Approve inspection forms for all inspections conducted in conformance with this MOU.
C. Approve vehicle and driver out -of- service stickers.
D. Supply CVSA decals on a cost - recovery basis to Allied Agencies.
E. Supply software necessary for the data entry of all inspection information, on a cost
recovery basis to Allied Agencies.
F. Supply Allied Agencies with inspection data, upon request.
G. Forward challenges of data in inspections or crash reports to Allied Agencies for their
inspections.
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H. Conduct random in- person observation of inspections conducted by Allied Agency in order
to ensure Allied Agency's inspectors maintain practical proficiency in the program.
III. ALLIED AGENCY RESPONSIBILITIES
A. Certification Testing
Allied Agency must:
1. Enroll its commissioned, full -time officers who have not met the minimum certification
requirements for enforcement of Tex. Transp. Code Ch. 644 in training programs
required by 37 Tex. Admin. Code § 4.13(b) prior to using these officers as inspectors for
commercial vehicle enforcement. Allied Agency must reimburse DPS for costs associated
with any training provided by DPS under 37 Tex. Admin. Code § 4.13(b)(5).
2. Implement a program to ensure its officers perform the required number of inspections
annually, as specified in 37 Tex. Admin. Code § 4.13(c), and successfully complete the
required annual certification training to maintain certification. To further program goals
and achieve the highest quality in inspections, Allied Agency must ensure its officers
conduct more than the minimum number of inspections required annually to maintain
certification and that inspections are evenly distributed throughout the year to maintain
enforcement continuity.
3. Immediately suspend from performing CVSA enforcement and inspections, any officer
who fails to maintain certification or who fails to perform the required number of
inspections following CVSA's North American Standard Uniform Inspection Procedures
and the North American Standard Out -of- Service Criteria guidelines.
4. Send a representative to the annual MCSAP meeting held by DPS to ensure familiarity
with all updated policies and procedures.
B. Policles and Guidelines
Allied Agency must:
1. Conduct inspections only by using CVSA- certified officers.
2. Only conduct inspections on -duty. No inspections may be performed at any time for the
specific purpose of benefitting a carrier's safety profile whether on -site or off -site (such
as a roadside or at an inspection facility). Compensation for inspections of any kind by
other entities (including carriers and carrier employees) is prohibited.
3. Not use inspection as a pretext to search commercial vehicles.
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4. Ensure traffic stops performed on a commercial vehicle are made by either a CVSA
certified inspector or by a peace officer using probable cause or reasonable suspicion
guidelines. An absence of these requisites will be cause for inspection report
invalidation and a program participation review.
5. Use the most current forms approved by DPS during the inspection process. Forms and
software may not be altered without the prior, written approval of DPS.
6. Ensure that CVSA- certified inspectors have adequate tools and resources to conduct
queries into motor carrier registration and operating authority while conducting
roadside inspections.
7. Perform Level I, IV, and V inspections requiring undercarriage inspection and brake
measurements utilizing an inspection pit or with a referring officer for safety.
8. Perform only Level V terminal inspections on motor coaches for certification purposes
except for unusual circumstances (such as post -crash investigations). All other
inspections must be conducted roadside. Level 1, II, IV and V motor coach inspections
must only be performed by Passenger Vehicle Inspection certified inspectors.
9. Forward inspection data electronically to DPS within ten calendar days following the
date of inspection for processing and final compliance using the most recent version of
reporting software.
10. Forward crash reports involving commercial motor vehicles to Texas Department of
Transportation (TxDOT) no later than ten calendar days after the date of the crash
investigation.
11. Allow DPS to conduct random in- person observation of inspections conducted by Allied
Agency in order to ensure that Allied Agency's inspectors maintain practical proficiency
in the program.
12. Not use its certification to enforce federal safety regulations as a primary method to
generate program revenue through enforcement penalties, or to enhance criminal
interdiction activities.
13. Not allow officers certified to enforce federal safety regulations to participate in
secondary employment activities that present a conflict of interest related to their
commercial vehicle enforcement duties. This prohibition includes Allied Agency officers
trained by DPS that are no longer assigned to commercial vehicle enforcement units but
remain employed by the Allied Agency.
14. Require all defects disclosed during the inspection process to be corrected.
15. Adopt the Recommended Out -of- Service Criteria and other defect repair verification
procedures as developed by CVSA.
16. Honor CVSA inspection decals affixed to those vehicles by all authorized agencies. CVSA
decals will be affixed to vehicles which pass the Level I or V CVSA inspection with no
disqualifying violations under the North American Standard Roadside Inspection
Procedures and the North American Standard Out -of- Service Criteria,
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17. Maintain the official copy of all reports of inspections conducted by its CVSA certified
inspectors for the current calendar year, plus two additional years. The official copy may
be in paper or retrievable electronic form, and it must bear the signature of the
commercial motor vehicles driver involved in the inspection. A copy must be provided to
DPS upon DPS's request.
18. Conduct mock inspections and safety presentations as requested by the carrier and as
approved by supervisors. Allied Agency may conduct safety presentations that include a
mock (walk- around) inspection, but no documented inspection may be performed as
part of a walk - around or safety presentation.
19. Note circumstances in the inspection report when more than two citations are issued
during an inspection. An important aspect of the MCSAP is consistency in the inspection
process and uniform enforcement. While it is recognized that uniform enforcement may
include the issuance of a citation by the inspecting officer, it is also recognized that
there may be exceptional occasions when the issuance of multiple citations may be
warranted.
20. Document all violations (citations and warnings) discovered on the inspection report as
violations, Including violations of local ordinances. All CMV contacts must be recorded
on the inspection report.
21. Investigate and determine whether a correction to data needs to be made when data in
an inspection or crash report is challenged. Allied Agency must notify the motor carrier
and DPS in writing of the results of the investigation within ten calendar days. if a
correction is necessary, the Allied Agency must make the correction and forward the
corrected reports to DPS immediately. Retaliatory actions against motor carriers who
file data challenges are strictly prohibited.
21. Must notify DPS in writing within ten calendar days any time an officer's certification
status changes (is certified, suspended, or decertified for different types of inspections,
or transfers out of the CVSA inspection program). A cumulative list of officers whose
status has changed must be sent to DPS by January 31 of each year.
22. Must comply with the annual fiscal requirements mandated by TRC 644.102 in reporting
the total amount of fines collected, actual enforcement program expenses and the
remittance of mandated funds to the Texas Comptroller of Public Accounts.
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IV. TERMINATION OF CERTIFICATION
* ** UNLESS RENEWED THIS MOU WILL EXPIRE ON AUGUST 1 2021. * **
A. Renewal of this MOU
To prevent a loss of authority to conduct CVSA inspections, please mail or FAX your
renewal request to the Department no more than 60 nor less than 30 days prior to the
expiration of this MOU. If the renewal has not been executed by the Allied Agency before
the MOU expiration date, certified officers must cease performing all CVSA inspections,
until the renewal has been fully executed.
B. Decertification
1. DPS may decertify Allied Agency, or individual officers conducting inspections for Allied
Agency, for failure to demonstrate practical proficiency in the program during random
in- person observations by DPS, or by audits of inspections submitted.
2. DPS may decertify Allied Agency, or individual officers conducting inspections for Allied
Agency, for using the certification as a primary method of generating program revenue
or enhancing criminal interdiction activities.
3. DPS may decertify Allied Agency, or individual officers conducting inspections for Allied
Agency, if officers to engage in secondary employment activities that present a conflict
of interest with their commercial vehicle enforcement duties.
4. DPS may decertify Allied Agency, or individual officers conducting inspections for Allied
Agency, for failure to comply with the provisions of the MOU, training, officer
certification, or data - sharing requirements, including the requirement that Allied Agency
reimburse DPS for training expenses and the requirement that Allied Agency forward
information and respond to requests in a timely manner, or any other provisions of 37
Tex. Admin. Code §§ 4.13 and 4.14. Reimbursement can be made by check or money
order, payable to the Department of Public Safety of the State of Texas.
S. DPS may decertify Allied Agency for DPS may decertify Allied Agency for failure to comply with
the annual fiscal requirements mandated by Tex. Transp. Code § 644.102. Allied Agency must
properly report fines collected, actual expenses, and the amount of remittance sent to the State
of Texas's Comptroller of Public Accounts.
C. Termination of Certification
1. Termination of certification, whether by decertification, request of Allied Agency, or by
failure to renew, will result in the inability of Allied Agency, to retain expenses for any
enforcement actions taken after the effective date of the termination of certification. All
reporting requirements, including the list of officers suspended and no longer certified
which is normally due by January 31 of each year, inspection data reports, and crash
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reports must be provided to DPS immediately upon discontinuation in the certification
program.
2. Allied Agency may discontinue certification at any time by notifying DPS Program
Coordinator in writing.
3. The CVSA and Federal Motor Carrier Safety Administration require officers to�complete
a minimum number of inspections annually in order far officers to renew their
certifications. The purpose of this requirement is to ensure officers achieve and
maintain practica! proficiency in inspecting commercial motor vehicles. Therefore, DPS
will decertify Allied Agency, or individual officers conducting inspections for Allied
Agency, for failure to report any inspections to DPS within a six month period or for
failure to evenly space the required number of inspections throughout the year.
4. Any Termination of Certification terminates Allied Agency's authority to enforce federal
safety regulations under Texas Transp. Code Ch. b44, and Allied Agency's eligibility for
reimbursement of expenses from penalties assessed. DPS will notify the program
coordinator for Allied Agency and the Comptroller of Public Accounts in writing of any
Termination of Certification.
5. DPS may issue a warning to Allied Agency if Allied Agency fails to conduct any
inspections within a three month period. DPS may also issue a warning if Allied Agency
fails to comply with MOU requirements in such a way that DPS deems the quality or
timeliness of inspection data could be compromised, or certified officers would fail to
maintain practical proficiency in the program. Failure to correct the compliance issues
within three months, or such other period as DPS may specify, can result in termination
of the MOU and decertification of Allied Agency.
V. PROGRAM COORDINATORS
The parties' program coordinators are responsible for all communications and contacts required to manage this
MOU. The parties must provide any updates regarding contact information within 30 calendar days. The current
program coordinators for this MOU are:
Allied Agency:
Program Coordinator
Address
Department of Public Safety of the State of
Texas:
Captain Qmar Villarreal, Manager
Program Coordinator
Texas Highway Patrol Motor Carrier Bureau
P.O. Box 4087
Austin, Texas 78773 -0522
Address
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