CM-2019-0214 - 7/12/2019MEMORANDUM OF UNDERSTANDING
Between
DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS (DPS)
-and-
ROUND ROCK POLICE DEPARTMENT (Allied Agency)
L 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:
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.
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.
MC13 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 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.
G Approved Scales
Allied Agency must purchase and utilize scales from the approved Scale List found at the
following URL: http:Lwww.dps.texas.gov/cve/Publications/approved5caleList odf
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 Re ort 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.
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 fess than 30 clays
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
I. 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
Voice Phone Number
Fax Number
TE -mail Address
MCS Ailied Agencies MOU Template page 3 of 5
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:
Signa o Authorized Off clal
Political Su...
fXt
Name
MCB Allied Agencies MOU Template page 4 of 5
City of Round Rock
�n
r•-
ROlJtvO ROCK Agenda Item Summary
Agenda Number:
Title: Consider authorization of Memorandum of Understanding with the Texas
Department of Public Safety for Certification of Weight Enforcement
Authority.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/12/2019
Dept Director: Police Chief Allen Banks
Cost:
Indexes:
Attachments: CMAF for DPS Certification of Weight Enforcement Authority, Certification of
Weight Enforcement Authority
Department: Police Department
Text of Legislative t=ile CM -2019-0214
This bi-annual renewal of the Memorandum of Understanding between the Texas Department of
Public Safety and the Round Rock Police Department outlines the training and reporting
requirements that officers need to adhere by to maintain certification as'Weight Enforcement
Officers.' The primary function of this certification is for officers to enforcement weight violations
during traffic stops involving large commercial vehicles. The Department will continue to use
Texas DPS scales.
There is no cost to this agreement.
City olRound Rock Page 1 Painted on 7/11/2019