Two buildings, and each one asks what the other found
Texas does run a new entrant program for intrastate carriage, and it runs it under the federal part with a state official written into the federal role. That substitution is the mechanism, and it is easy to miss because it lives in a definitions subsection rather than in an operative one.
The adoption is wide. 37 TAC §4.11(a) takes in Parts 385 to 387 as a range, so Part 385 comes in whole rather than section by section. The extension to intrastate carriage is then done by redefining a term rather than by adding an intrastate clause: §4.11(b)(3) defines “interstate or foreign commerce” as “All movements by motor vehicle, both interstate and intrastate, over the streets and highways of this state.” Every federal trigger keyed to interstate commerce inside the adopted parts reads onto intrastate movement.
Then the substitution that converts a federal program into a state one. §4.11(b)(6), verbatim: “Federal Motor Carrier Safety Administration (FMCSA)—The director of the Texas Department of Public Safety for vehicles operating in intrastate commerce.” Every duty the federal new entrant subpart places on the federal administrator becomes a duty of the state director for intrastate purposes.
The applicability gate then narrows what the widened adoption reaches. §4.11(c)(1)(A) applies the adopted regulations to “a vehicle or combination of vehicles with an actual gross weight or a gross weight rating in excess of 26,000 pounds when operating intrastate”, alongside prongs for farm vehicles at 48,000 pounds or more, fifteen-passenger vehicles, placarded hazardous materials, foreign commercial motor vehicles, rail crew contract carriers and covered farm vehicles. A light intrastate combination under 26,000 pounds sits below that line and is outside the adopted set, notwithstanding the redefinition.
That the program exists as a state instrument is confirmed independently, in a rule written by a different agency. The motor vehicle department’s registration rule asks new applicants, in terms, whether they have had “a Compliance Review or a New Entrant Audit by the Texas Department of Public Safety that resulted in an Unsatisfactory Safety Rating in the three years prior to the date of your application”, and requires the relevant identifiers where the answer is yes. A separate question asks whether the applicant is currently under an order to cease from the public safety department.
So the credential and the audit sit in different buildings, and each department asks about the other’s work. The motor vehicle department says so itself: it does not regulate driver licensing or motor carrier safety audits, and points to the public safety department for both. A new venture that treats its credential application and its safety program as one project is treating two agencies as one, and Texas has arranged them so that will not hold.
- Part 385 is adopted inside the range “385 - 387” — the whole part, not a single section.
- Intrastate reach is achieved by redefining “interstate or foreign commerce” to include intrastate movement.
- §4.11(b)(6) makes the state public safety director the federal administrator for intrastate purposes.
- §4.11(c)(1)(A) applies the adopted set only above 26,000 lb actual gross weight or gross weight rating, intrastate.
- The motor vehicle department’s own new applicant questionnaire names a public safety new entrant audit and a three-year look-back.
- The credential and the audit are held by different departments, and each asks about the other.