Texas Codes

Tex. Transp. Code § 644.051 (2026)

Authority To Adopt Rules

✓ current as of May 2026
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Sec. 644.051. AUTHORITY TO ADOPT RULES. (a) The director shall, after notice and a public hearing, adopt rules regulating:

(1) the safe transportation of hazardous materials; and

(2) the safe operation of commercial motor vehicles.

(b) A rule adopted under this chapter must be consistent with federal regulations, including federal safety regulations.

(c) The director may adopt all or part of the federal safety regulations by reference.

(d) Rules adopted under this chapter must ensure that:

(1) a commercial motor vehicle is safely maintained, equipped, loaded, and operated;

(2) the responsibilities imposed on a commercial motor vehicle's operator do not impair the operator's ability to operate the vehicle safely; and

(3) the physical condition of a commercial motor vehicle's operator enables the operator to operate the vehicle safely.

(e) A motor carrier safety rule adopted by a local government, authority, or state agency or officer must be consistent with corresponding federal regulations.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff. Sept. 1, 1997.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 2001–2021 · leading case: Frederick H. Garrett v. State, 424 S.W.3d 624 (Tex. App. 2013).
Frederick H. Garrett v. State, 424 S.W.3d 624 (Tex. App. 2013). · cites it 4× “See Tex. Transp. Code Ann. § 644.051 (c) (providing that director may adopt all or part of the federal regulations by reference) (Vernon 2011); See 87 Tex.”
United States v. Fort, 248 F.3d 475 (5th Cir. 2001). “051 (c), (d) (allowing the director to adopt all or part of the federal safety regulations and to adopt rules that ensure, inter alia, that commercial motor vehicles are “safely maintained, equipped, loaded, and operated” and that the physical condition of the commercial…”
Hookie v. State, 136 S.W.3d 671 (Tex. App. 2004). “Tex. Transp. Code Ann. § 644.051 (Vernon 1999); 26 Tex.”
Lopez-juarez v. Kelly, 348 S.W.3d 10 (Tex. App. 2011). “See Tex. Transp. Code Ann. §§ 644.051 , 644.151 (West 2011); 87 Tex.”
John Fredrick Ostrander v. State (Tex. App. 2020). · cites it 2× “TEX. TRANSP. CODE ANN. § 644.051(a)(2), (c) (West 2011).”
Lloyd Andrew Chambers v. the State of Texas (Tex. App. 2021). “When the county criminal court at law decides the appeal by delivering a written opinion or order overruling the assignments of 1 See Tex. Transp. Code §§ 644.051, 644.151; 37 Tex.”
Lloyd Andrew Chambers v. the State of Texas (Tex. App. 2021). “2 See Tex. Transp. Code §§ 644.051, 644.151; 37 Tex.”
— Tex. Transp. Code § 644.051(a)(2) — 1 case
John Fredrick Ostrander v. State (Tex. App. 2020). “TEX. TRANSP. CODE ANN. § 644.051(a)(2), (c) (West 2011).”
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