(a) A "weight enforcement officer" has the meaning as defined in Texas Transportation Code, §621.401.
(b) Law enforcement agencies employing weight enforcement officers must enter into a memorandum of understanding with the department prior to conducting any weight enforcement. All weight enforcement officers must have attended and successfully completed weight enforcement training provided by the department prior to certification. In order to maintain certification, a weight enforcement officer must fulfill all the continuing education requirements as detailed in the memorandum of understanding between the department and the agency.
(c) Weight enforcement officers must utilize scales of a type approved by the department. The department will furnish upon request a list of approved makes and models of scales as outlined in §4.54 of this title (relating to Minimum Standards for Scales not Furnished by the Texas Department of Public Safety).
(d) Scales utilized must be calibrated yearly by a certified scale technician or certified vendor. Agencies must utilize the certification form provided by the department and keep certification records for three years from the date of certification.
(e) An annual report will be compiled by each jurisdiction utilizing weight enforcement officers and submitted to the department by January 31st each year.
(f) The department may revoke or rescind the authority of:
  (1) a weight enforcement officer who fails to comply with this section; or
  (2) a weight enforcement officer of a municipal police department, sheriff's department, or constable's office who fails to comply with this section.

Source Note: The provisions of this §4.56 adopted to be effective January 1, 2016, 40 TexReg 8795