(a) Portable, semiportable and fixed scale models. Portable, semiportable and fixed scale models evaluated under the National Type Evaluation Program (NTEP) and found to comply with the applicable technical requirements set out in the National Institute of Standards and Technology (NIST) Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices," will be approved for law enforcement purposes by the Texas Department of Public Safety and may include only the following exceptions.
  (1) Weight readout may be truncated to the next lower increment reading.
  (2) Hold mode may hold scale reading until manually released.
(b) Approval procedures.
  (1) Portable, semiportable, and fixed scales. Any person, firm or corporation desiring approval shall submit to the Texas Department of Public Safety a properly attested verification affidavit, on a form which will be furnished by the department upon request. The affidavit shall state, in part, that the make and model of the particular portable, semiportable, or fixed scale meets the criteria set forth in subsection (a) of this section. A copy of the NTEP Certificate of Conformance, provided by the National Conference on Weights and Measures (NCWM), shall be submitted with the required affidavit.
  (2) List of approved scales. The department will furnish upon request a list of approved makes and models of scales.
  (3) Cancellation or suspension of approval. If, at any time, it is determined that any approved scale does not comply with the required specifications, the department will cancel the approval of said make and model; provided, however, that the person, firm, or corporation holding such an approval is entitled to 30 days' notice of such proposed cancellation of approval. During such 30-day period, the holder of the approval shall have an opportunity to submit proof that the make and model number in question does in fact comply with these specifications. Such proof shall include attestation from an independent testing agency that the scale in question complies with the criteria set forth in subsection (a) of this section.

Source Note: The provisions of this §4.54 adopted to be effective March 9, 2004, 29 TexReg 2376