HomeMy WebLinkAboutRES 19-154RESOLUTION NO. 19-154
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Memorandum of
Understanding between the City of Beaumont and the Texas Department of Public
Safety Department for the purpose of training, approved scale use, annual scale re-
calibration standards, violation report requirements, and mandated annual reporting
relating to weight enforcement inspections of commercial motor vehicles. Said
Memorandum of Understanding is substantially in the form attached hereto as Exhibit
"A" and made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
July, 2019.
MEMORANDUM OF UNDERSTANDING
Between
DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS (DPS)
-and-
BEAUMONT POLICE DEPARTMENT (Allied Agency)
I. 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 order to better implement and maintain the standards in this MOU, DPS will:
I 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.
III. 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.
MCB Allied Agencies TRC Ch. 621 EXHIBIT "A" Page 9 of
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.goy/cve/Publications/`approvedScaIeList.pdf.
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.
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.
MCB Allied Agencies MOU Template Page 1 of 5
IV. Termination of Certification
* * * UNLESS RENEWED, THIS MOU WILL 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.
MCB Allied Agencies MOU Template Page 2 of 5
L PROGRAM COORDINATORS
The parties' program coordinators are responsible for all communications and contacts required to manage this
MDU. 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
Voice Phone Number
Fax Number
E-mail Address
MCB Allied Agencies MOU Template Page 3 of 6
Department:
DEPARTMENT OF PUBLIC SAFETY
Texas Highway Patrol
Motor Carrier Bureau
Captain Omar Villarreal
Manager
Program Coordinator
MCB, P.O. Box 4087
Austin Texas 78773-0522
Address
(512) 424-2053
Voice Phone Number
(512) 424-5712
Fax Number
omar.villarreal@dps.texas.gov
E-mail Address
Evidence of Acceptance.-
Signature
cceptance:
Signature of Authorized Ofdal
Political Subdivision
Name
Title
Date
MCB Allied Agencies MOU Template Page 4 of 5
MEMORANDUM OF'UNDERSTANDING
Between
DEPARTMENT OF PUBLICSAFETY OF THE STATE OF TEMS:(DPS)
-and-
BEAUMONT POLICE DEPARTMENT' (Allied Agency)
I. General Agreement.
In accordance with Transportation Code § 6,21.402, 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.
IL DPS Responsibilities
In order to better implement and maintain the standards"in'this MOU, DPS will:
I Train, retrain (as necessary or desirable), test:an"d certify the off"cers,of any qualified
Allied Agency..
Z, forward an,y weight:enforciament complaints or challenges to the "issuing Allied "Agency.,
DPS may conduct random, in-person observation of weight enforcement inspections
conducted by an Allied Agency ln: order to ensure that Allied, -Agency's -officers are adhering to
DPS certification standards.
III. 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 .ofthe 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 takei 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 rand 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.
' MQB Allied Agencies TRC Ch:'621 Page 1 of
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 Cade § 621.402.: There must,be an articulable, reason to detain a vehicle
prior to utilizing any type of approved scaleto d.etermin:e ;actual weight. A fixed location
signalin&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 scalesfrom the approved Scale List found at the
following URL: http://www.dps.texas.gov/cve/Publications/approvedScaleList.pdf,
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 / eegistration.identification of units and company unit
numbers (license plate numbers for the power units and towed vehicle);
B. 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
Gross weight'and group:wei,ght.
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.Reportingt/'Remittance Requirements
A_ (lied Agency must'cpmply-with Transportation`Code § 621 5D6(g) and report'that data to DPS. -This
includes. (1) sending tf g required ,50.percent share`to the_State;of Texas's Comptroller of Public
AccountIs;if the fine meetsthe statutory.criteria; and: (2) only'imposing the minimum dollar fine: unless
the vohi.cle's weight was`d�ete� mined by a,scale liven or approved by DPSJ
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.
MCB Allied Agencies MOU Template Page 1 of 5
IV. '.Termination'of Certification
* * * UNLESS RENEWED, THIS MOU WILL 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 IVIOU. If the renewal has not been executed by the Allied
Agency before the MOU expiration -date, .certified offlcers must cease performing all
weight,enforcement activities.. until the renewal has beep fully euecuted..
DPS may issue a warning W 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 in1rhediately 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,
MCB'; Allied Agencies MOU Template: Page 2 of 5
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 informqtl6h Within 30. calendar ddYs.. The current
program coordinators for this MOU-are:
Allied Agency:
Program Coordinator
6D I r, V'TXI
Addr6s§
Voice: Phorp umber
01aQS
MC - B AlliedAgencies MOU Template Page 3 of 5
Department:
DEPARTMENT OF PUBLIC SAFETY
Texas Higbyvay Patrol
Motor Carrier Bureau
Captah Omar Villarreal
Manager
Program Coordinatof
MCB, P.O. Box 4087'
Austin Texas 78773-0522
Address
(512) 42+2053
Voice Phone:Number.
(512) 42+;5712
Fax Number
omar.Villarredl@dps.texas.gov
E-mail Address
Wdehce of Acceptance ,
L, ll_
of AuthoriZed Official
Date
Mcb-Allied Agencies MO.0 TeMplate Page 4 of -5