HomeMy WebLinkAboutRES 21-244RESOLUTION NO. 21-244
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute all documents
necessary, specifically a Memorandum of Understanding, between the City of
Beaumont and the Texas Department of Public Safety relating to state vehicle weight
enforcement inspections. The 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 12th day of
October, 2021.
aa-4� J
- Mayor Robin Mouton -
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 Texas Transportation Code § 621.402, DPS has established parameters for
approved Allied Agencies seeking to enforce Texas 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:
1. Train, retrain (as necessary or desirable), test, and certify the officers of any quallfled Allied
Agency.
2. Forward any weight enforcement complaints or challenges to the Issuing Allied Agency.
3. Supply software necessary for the data entry of all Inspection information on a cost
recovery basis to Allied Agencies.
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.
Page 1 of 4
EXHIBIT "A"
B. Application of Statute and Allied Agency Requirements
1. 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.
2. Allied Agency will only conduct weight inspections while an officer is on -duty. Allied
Agency may not perform inspections at any time for the specific purpose of benefitting
a carrier, whether onsite or offsite (such as a roadside or at a principal place of business).
Compensation for weight inspections of any kind is prohibited.
C. Approved Scales
Allied Agency must purchase and use scales from the approved Scale List found at the following
URL: http://www,dps.texas.gov/cve/Publications/approvedScaleList.pdf. Allied Agency must
re-callbrate the approved scales during each calendar year by a certified scale technician or
vendor. Allied Agency must retain all individual scale calibration records for the current year
plus the two previous years. These records are subject to review during contested judicial
proceedings or any DPS audit.
D. Weight Inspection Reports & Upload
Allied Agency must purchase hardware and software to conduct weight inspections in order
to upload the reports to DPS. Allied Agency may only issue DPS authorized weight inspection
reports.
E. Annual Reporting Requirements
Allied Agency must submit an annual report of its weight enforcement activities for each
calendar year to DPS. Allied Agency must send the report to the Motor Carrier Bureau in
Austin, Texas 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 and Remittance Requirements
Allied Agency must comply with Transportation Code § 621.506(g) and report that data to DPS.
This includes: (1) sending the required 5o percent share to the State of Texas's Comptroller of
Public Accounts (CPA) if the fine meets the statutory criteria; and (2) only imposingthe minimum
dollar fine unless the vehicle's weight was determined by a scale given or approved by DPS. DPS
will confirm fiscal standing with CPA before renewing an MOU with Allied Agency.
Page 2 of 4
IV. Termination of Certification
* * * UNLESS RENEWED, THIS MOU WILL EXPIRE ON AUGUST 1, 2023 * * *
To prevent a loss of authority to conduct weight enforcement inspections, please email DPS
with your renewal request between the 60th and 30th day prior to the. expiration of your
current MOU. If the Allied Agency does not sign the renewal and mail It In to DPS before its
current MOU expiration date, certified officers must cease performing all weight enforcement
activities, until DPS receives the new fully executed MOU.
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
contraryto established training and statute. Failure to immediately correct any compliance issue
or comply with the required remittance of assessed fines to the Comptroller of Public Accounts
may result in the termination of the established MOU and the decertification of Allied Agency.
V. Program Coordinators and Signatory Acceptance
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.
DPS Program Coordinator:
Captain Omar Villarreal
THP Motor Carrier Bureau
P.O. Box 4087
Austin, Texas 78773-0522
Phone: (512) 424-2053
Fax: (512) 424-5712
Omar.Villarreal@dps.texas.gov
Page 3 of 4
Allied Agency Program coordinator
Insert name:and.#itle here:
lnsert Ord dress
lnsertOhone,'fax; and email
Allied Agency Authorized Representative
Inse&n.. ame and title here
Signature of Authorized Representative
Date:
Page 4 of 4
MEMOR 0 , F`UNDERSTANDING I
ANDUM OF .
DEPARTMENT .O�'F.;P'UB-LI-C�SAF�VOF�-'t,�HE-�'T-,��' . 5:01F T_� ES 1 _RT T' _A (IJ PS)
and
BEAIJ,MONT'POLICE�-I)EPAR.TMENT-.(ALLIED,AG.ENCY)
1. General Ageeement'
In accardarice 'Cnrith Texas Tran5pOftOtIQ n, Qjd'0,,§, 621.4 2. DRS.,hbs -established paraine -s� for
- .0 , ter
approved Allied Ageh _`i6s seeking to e n ord..e Texas Transportation ,Code Chapter 1.
�the .uniform Lihfofteffi.6ht of th -to Siqbphopter F. I'n_-,orde' A 'Iffiize statute, le paffi6tenter'in ,r Q max,
use, ihis-Veftior& andum of (M 60-�- rogo rd [rig tr4fill' approved -scale - I annual scale
re -calibration standards, V11 , olat'lorl report requirements,mandated, 'I and annual reporting;
in-,orderto,betterimplement pqor.na.,In�ain�the�-:sta,rt.dards-fivih-'Is.MOLJ�bP�,.'� will::
— r I , , .1—— 1. 1 1 1 1 1—— 1 W., -�
I., Train, retrain (ais, necessary -or desirable), test;,and certify-the,:officers�'of 'anV_-_qWlified-Allied
Agebidy.
2. Forward any weight erifori-cement'complaints orchallengesAo the. issuing: -.Allied Agency,
3. SUP01V software necessary for -the data:e'htry.of all inspection information on acost
recovery basis t6-Allied Agencies.
DPS may ,conduct rardom,.:in-personl observation bf pectiotwcoriductiA
by ,a tl,, Allied A t genqy in order t6 ensure that. A e�hcy's offiddft are adheein-g! 6, DPS
pertifib'at standards.,
Words.,
Ili.,Allied Agency Responsibilities
A. Crie,rdficailon Training
Allied Agency rnustenroll:'the'ir'comm-'Issionedi.,full-time l-off - i 1 cersjh,th,e40'Ij our, BasicZVE course
conducted -at the :.directibn :of lhe.'OPS' Motor Carrier Bureau,.- A commissioned officer must
6btaih 80% Or b6tt& to- .become certified as a: "weighty :enforcement ,,offi.cer-." After 'initial
cet,tific-ati'o'n,.m'and"a't'e,,d-re-certification ": . training Will takepla6b.f.ollo-wing.,bach legisl-ative.sestion.
Weight` enforcement officers. must obtain 80Y%,,,or- better to .maintain - certification. DPS— Will
immediately ,susperf4a.hV officer Wbd fails -. to - -6e tify anjd Allied 1 A t,pf"6hibit that
gency must
offic fr6m c6hduc .or' ting'ot'dssistitigwith,any,,wtilght dhfbrt.'6'md'nt.,Itfctivitie9,
May, 't' 'btif 'i hg,,, D PS eit'hg 'If 6
Allied Agency di5' Inue agency certification Atany,tift6 byn n �v __,gency ,,-qpn-y.
coriffibd officer se,parates'fron .an `.Allied Ageq,(., Alliedl Agency mutt 'notify- DPS.ithih ton
-
days.
Pa&1-of 4
B. Application of.Statute a rid',All led Ageftqy''RJdqdIrefhen'ts:
1. During; th-6course 6f,dtit.y,r,-a'nAllied -.Agency w6i9 .ht--,,&-n�fo'�.c6-'me'ht-officer must -adhere to
.
tK6 "rootolabjgsuspicion"il.requirements in W, fl
ghi'lhgcommercial motor `vehicle -as
Inferred by Transportation '611 must,. be'�.an �,'aftitulable, reason to
Wcle�§ 2i.4Q2.,Ther.
detain a-veh-ic -utI, izi I ng vied scale to determine actual weight.
jq�prior to _11-i ar�yjypp�,,Ofaijiprb
fixed I' fl-pn,,si gppjip,&,a gfit.rnehteis in, qcq,ljl'tom commercial af traffic enter weight enforcement di
rect -'conflict with -this
mandate.
n'datei
2. AIl,ied,Agerrcy41ll only y:conduct weightips,petflops while an officer si:on duty. Allied.
Agency- ma,y,,,not_'0,erfoem 'Inspectic0sat'any tim6,'Lfdelhespecific purpose of,beriefittirig.
a.',carrier, whether onsite or offsite (such as;a roadsid'Opr-at.a priheipaI place 6.0business)',. - f"
Compensation for,we ight] nsp'ecticris,ofa ny, ki nd.'J.sprohibited.
C. Approved',Scales,
Al lied,,Agency- must: purchase,,a nd..use scales from the a pprovedIS-ca le I-I'st,fou,nd at the following
.
1
URL, http'.-//WwW.dOs.it6)<as.gbv/cV6/"Publi,,datibns`/�`apor6\i.6dStbieList:pdf. Allied Agency must
re calibrate th- ring each ca r. m_-a ov d "I u h - '16hd6' year tya c'ertified'sc-ald technician �or
-ppr
x , e,,a,in:a Jn t vorid0r�.All' Allied Agency 11 d' d
4A, gency must t ivi, ual scale, calibration records
d for year
plus th'q�, two, prev re:cor& are subiect to review dcontested-.' d* "I
t previous � ears. These ur,.!jlg , jq, Jda
Y
pj,oceedfrigs-lor. any DIPS
PS audit;
it;
bi Weight Inspection kepoerts',"kUpload
Inspections in ,Allied Agency must, purchase. hardware,,andsoftware to co,11dUct,weightr. order
to,ulJ166d,the-repofts�to DPS. Allied Agency may -only'issue-,DP'S'lauthorized weight inspection
reports.
E., Annual ROPOrti-figRe4dirieffidrits
Allied A_genpy must! U,. Mit'an,ah-gal re0ofenforcement;-activitiest of its Weight,'. f0reach
calendar year to DPS. Allied Agency must send the report to. the, Motor -carrier, Bureau: in
Austin;- Texas :by January: 31 of each year for the- prior year`s enforcement activities; The
ah.h'Ual repottirigrequir under this Section will sUrVIVe.th e termination date of this
,
MOV.
Statutory-Tinancial kep.ortin :and'Remlitance-':Reciuirements
Allied,:Agency musLcomplV-Wi.th'Transportation,Co.d,e'§. 6,2,-,1.5.06'(g),and',report that data ,to CPS.
This required 50.perbentshare to_ah e, State of Texas's of
NblicAb,c6unts (CPA),Jf_-'th&fih&.,"m e.0ts.thestdt'AftONcritcieia,.and.(2;)-only ,ifnp.osing,the minimum
do'jI'0f'I'hjieunless the,96hitle,'sWbight-, as -d6beOhihe,&b 1 y a, ca, e given or,approved by DPS. DPS:
will confirm -ff-, I . t -w_Ith;cPAIb-6fbrer6h&.W 11 renewing an MOU with -A I 114�d Agency.Agency.Ka $ an, Wif �ing
,.Rakel of
IV. Termlnationrof Certification
"UNLESSjtENEWED, THIS MOUWILL UPIREON AUGUST 1,2623
Tol event:,aloss of authority to -:conduct Mud weight, enforcement inspections, please email OAS
with your irdne-wa I ;request ,between '. the -,60tb -larid'30th day prior to expiration 6f your
current M, 0 0 - I f tfleAf I 10,4 A$6n.t.y, does not sign lhe'renewa I .anal mail,.it In, t'o;,DPSbbfoee.. its
current .moljexpiration date, certifledbfficersmusteease performing al 1,Weight 6fffb a tividesi unti DIRS rpqqivesth,e- new fLflIv,ex,6cqt,,ed_M.Qq..
DP5- may issue a warning to:. Allied Agency'if Allied A to :comply 'ith, MOU,
' Agency fails w
reouieon) nts in such'aW. 'tha�t"DPS.Aoems th�.t.r,the-W6�ght,ehf.otceme'nt action being taken isdem on
ty�.dd,Welycorriedtahyc Mpli'h-oo'Issue
ni. 9 0 a
orco ply with Vhe:y&quir(0'reMitjante of-,assqs-sed`f ineis,W th*e COmotr0116rz6f PUblicActoUhU �qfi th- 't- b I I "
m qy, rp j, p, termination the established MbU and thd46c0ttfft(6tioh of Allied Agency.
_e . ermilmatio.
pgramCippedi-a rsan,d-,'
_0_4_oghato _ryAcceptance
Allied'AgencVs.-welght enforcement, coordinators are responsi,ble, for ajj cpmMqftica#pqs and
cont8cts1-1r,equjr-.ed'.to manage this iMOU.. Tf�' coordinators: Must provide,a,ny,updates; regarding
contact Information Within 30 calendar -days,.
DP , S Pfibgrjarn..'Coordinator,
Captain Omar MllaWrt%[
TH P Moor -Carrier Bureau
_u
0. box
, 407'
-Austintlexas 78711=0512.
Ph -one: 1053,
Fax (SIZ)"424-75712
Page 3 of, 4:
Allied Agency°Progra Wmrdinater
�- or
lnsert,narne,cnd tit"le here
Ijn2ser_t dres
nOit,
hane, fax, and emai67
tia
Allied Agency Authorized Representative,
�Insert�name anal `trtle�here'
Signature. of Authorized Repres6 tative
Date:, 16 1 q" Z j
Page'.4` of 4