Certified department officers or employees, and certain certified municipal police officers, may enter a motor carrier’s premises to inspect property, equipment, or required records, but they must do so at a reasonable time and with stated purpose and credentials.
Sec. 644.104. INSPECTION OF PREMISES. (a) An officer or employee of the department who has been certified for the purpose by the director may enter a motor carrier's premises to: (1) inspect real property, including a building, or equipment; or (2) copy or verify the correctness of documents, including records or reports, required to be kept or made by rules adopted under this chapter. (b) The officer or employee may conduct the inspection: (1) at a reasonable time; (2) after stating the purpose of the inspection; and (3) by presenting to the motor carrier: (A) appropriate credentials; and (B) a written statement from the department to the motor carrier indicating the officer's or employee's authority to inspect. (c) The department may use an officer to conduct an inspection under this section if the inspection involves a situation that the department determines to reasonably require the use or presence of an officer to accomplish the inspection. (d) The department's training and other requirements for certification of a noncommissioned employee of the department under this section must be the same as the training and requirements, other than the training and requirements for becoming and remaining a peace officer, for officers who enforce this chapter. (e) A municipal police officer who is certified under Section 644.101 may enter a motor carrier's premises to inspect equipment on a per unit basis or in a manner agreeable between the motor carrier and the enforcement entity: (1) at a reasonable time; (2) after stating the purpose of the inspection; and (3) by presenting to the motor carrier appropriate credentials. Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1189, Sec. 41, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 642, Sec. 1, eff. June 13, 2001. SUBCHAPTER D. OFFENSES, PENALTIES, AND JUDICIAL ENFORCEMENT