Relating to the appeal of certain actions by the Texas Department of Motor Vehicles related to motor carriers.
CriticalImmediate action required
Low Cost
Effective:2025-05-24
Enforcing Agencies
Texas Department of Motor Vehicles • Texas Department of Public Safety
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: May 24, 2025 (Immediate).
Compliance Deadline:Immediate. The TxDMV currently possesses the statutory authority to issue immediate suspensions.
Agency Rulemaking: TxDMV is required to adopt rules governing the specific procedures for appeals. Until these rules are published, the industry is in a "regulatory gray zone" where the authority to suspend exists, but the specific administrative forms for appeals may not yet be standardized.
Immediate Action Plan
Verify Contact Data: Log into the TxDMV eLINC system today and confirm your physical and mailing addresses are accurate.
Update Internal Routing: Issue a directive to administrative staff that all mail from TxDMV or DPS is "Priority One" and must be scanned to the General Counsel/Safety Director within 2 hours of receipt.
Review Insurance: Confirm with your broker whether your commercial auto liability policy contains exclusions for operating while registration is suspended.
Pre-Flight Legal: Identify outside counsel with specific experience in Texas Administrative Procedure Act (APA) appeals to keep on standby.
Operational Changes Required
Contracts
Master Service Agreements (MSAs): Review "Covenant to Maintain Permits" clauses. An immediate suspension puts you in technical breach of contract instantly.
Notification Clauses: Identify contracts requiring notification of regulatory adverse action. You likely have 24-48 hours to notify clients of a suspension; failure to do so creates liability beyond the regulatory penalty.
Hiring/Training
Mailroom Protocol: Establish a strict Chain of Custody for TxDMV and DPS correspondence. The 26-day appeal clock begins on the date of notice issuance, not the date of receipt.
Designated Responder: Appoint a specific officer authorized to engage legal counsel immediately upon receipt of a suspension notice.
Reporting & Record-Keeping
Audit-Readiness: Shift from "preparing for audits" to "perpetual readiness." To win a post-suspension appeal, you must prove compliance immediately. Driver Qualification Files (DQFs) and Hours of Service (HOS) records must be current at all times.
Address Verification: Verify your mailing address with the TxDMV Motor Carrier Division immediately. A notice sent to an old address will result in a finalized revocation before you are aware of the action.
Fees & Costs
Legal Defense: Budget for immediate legal retainer fees if an appeal is necessary; these are no longer administrative meetings but formal legal appeals.
Operational Loss: The primary cost driver is not a state fee, but the potential for total revenue loss during the suspension period while the appeal is pending.
Strategic Ambiguities & Considerations
Stay of Enforcement: The statute does not explicitly state that filing an appeal "stays" (pauses) the suspension. Businesses must operate under the assumption that the suspension remains active—and vehicles must remain parked—until a final decision is rendered, unless an emergency injunction is secured.
Standard of Review: The law requires the carrier to be "found compliant" to overturn the action but does not define the evidentiary standard or the specific official authorized to make that finding prior to final rulemaking.
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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
The Department of Public Safety (DPS) conducts regular compliance review investigations of commercial motor carriers and assigns each carrier a final safety rating of either "satisfactory," "conditional," or "unsatisfactory." If a motor carrier has been administratively investigated and is found to have inadequate safety controls, the carrier is assigned an "unsatisfactory" safety rating and given 60 days to take corrective action. If a carrier ultimately fails to comply, DPS then signs and delivers an order to cease intrastate operations to the Texas Department of Motor Vehicles (TxDMV) in the interest of protecting the public from the unsafe operations of the motor carrier. The bill's author has informed the committee that it is imperative to enter the carrier's inadequate operational status into TxDMV's public "Truck Stop" database as soon as possible so that state troopers and certified motor carrier safety assistance program officers can take appropriate action when encountering unsafe vehicles. H.B. 1672 seeks to address these issues and enhance public safety by eliminating redundancy of due process between agencies and adding orders to cease intrastate operations to the list of actions exempted from the Administrative Procedure Act.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 1672 amends the Government Code to exempt from the Administrative Procedure Act an action by the Texas Department of Motor Vehicles related to an order to cease intrastate operation under the Department of Public Safety's compliance review and safety audit program for commercial motor vehicles.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
Honorable Giovanni Capriglione, Chair, House Committee on Delivery of Government Efficiency
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB1672 by Ashby (Relating to application of the Administrative Procedure Act to certain actions by the Texas Department of Motor Vehicles related to the compliance review and safety audit program for commercial motor vehicles.), As Introduced
No significant fiscal implication to the State is anticipated.
It is assumed that any costs associated with the bill could be absorbed using existing resources.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies:
405 Department of Public Safety, 608 Department of Motor Vehicles
LBB Staff:
JMc, RStu, TG
Related Legislation
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HB1672 fundamentally alters Texas motor carrier regulation by granting the TxDMV authority to suspend, revoke, or probate registration without a prior hearing upon request by the Department of Public Safety (DPS). This shifts the industry from a "due process first" model to an "enforcement first" model, requiring all Chapter 643 permit holders to be prepared for immediate operational shutdowns and a strict, post-action appeal process. Implementation Timeline Effective Date: May 24, 2025 (Immediate).
Q
Who authored HB1672?
HB1672 was authored by Texas Representative Trent Ashby during the Regular Session.
Q
When was HB1672 signed into law?
HB1672 was signed into law by Governor Greg Abbott on May 24, 2025.
Q
Which agencies enforce HB1672?
HB1672 is enforced by Texas Department of Motor Vehicles and Texas Department of Public Safety.
Q
How urgent is compliance with HB1672?
The compliance urgency for HB1672 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB1672?
The cost impact of HB1672 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB1672 address?
HB1672 addresses topics including transportation, transportation--miscellaneous, vehicles & traffic, vehicles & traffic--rules of road and motor vehicles, texas department of.
Legislative data provided by LegiScanLast updated: November 25, 2025
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