89th Legislature Regular Session

HB 1672

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 1672 modifies Section 2001.221 of the Texas Government Code to explicitly exempt certain enforcement actions taken by the Texas Department of Motor Vehicles (TxDMV) from the provisions of the Texas Administrative Procedure Act (APA). The bill focuses on administrative actions related to the enforcement of safety standards for commercial motor vehicles operating intrastate in Texas.

Currently, Section 2001.221 already exempts from the APA various driver licensing and enforcement actions, such as suspensions or revocations of commercial driver’s licenses. HB 1672 expands this exemption to include TxDMV orders issued under the Department of Public Safety’s (DPS) compliance review and safety audit program. Specifically, it applies to situations where a commercial motor carrier may be ordered to cease intrastate operations due to safety violations identified during audits or reviews conducted by DPS.

The purpose of this amendment is to streamline and clarify enforcement procedures for agencies responsible for regulating motor carrier safety. By removing the requirement for APA-based procedures—such as contested case hearings—for these particular types of orders, the bill allows the TxDMV to act more quickly in addressing safety concerns and preventing unsafe operators from continuing to operate on Texas roads.
Author
Trent Ashby
Co-Author
Penny Morales Shaw
Sponsor
Nathan Johnson
Co-Sponsor
Royce West
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 1672 is not expected to have a significant fiscal impact on the State of Texas. The legislation, which exempts certain enforcement actions by the Texas Department of Motor Vehicles (TxDMV) from the Administrative Procedure Act, is assumed to be implementable within existing agency resources. This means the TxDMV and the Department of Public Safety (DPS) would not require additional appropriations or staffing to carry out the changes specified in the bill.

Furthermore, the bill does not impose new requirements on local governments, nor does it alter funding streams or mandates at the county or municipal level. As a result, there are no fiscal implications anticipated for local governmental units. The streamlined procedural framework created by the bill may, in fact, lead to minor administrative efficiencies within TxDMV by eliminating the need for formal APA hearings in specific safety-related enforcement cases.

Vote Recommendation Notes

HB 1672 offers a pragmatic reform that enhances public safety while preserving due process, maintaining fiscal responsibility, and reinforcing principles of limited government. The bill allows the Texas Department of Motor Vehicles (TxDMV) to enforce cease-operation orders issued by the Department of Public Safety (DPS) after a failed safety audit of a commercial motor carrier without requiring a redundant, second round of administrative review under the Texas Administrative Procedure Act (APA). This change enables the state to act more quickly in removing unsafe commercial carriers from Texas roads and ensuring that public safety data is available to law enforcement in a timely manner​.

Importantly, the bill does not grow the size or scope of government, does not impose new regulatory burdens, and does not increase taxpayer costs. The Legislative Budget Board confirms that any costs can be absorbed within current agency budgets, and there is no expected impact on local governments or businesses that are compliant with existing safety standards.

A central concern in regulatory streamlining is the protection of due process, and this bill addresses that thoughtfully. DPS already provides notice, conducts safety audits, and gives carriers time (typically 60 days) to make corrections before issuing a cease-operation order. That order is based on a full investigation and is subject to challenge through standard legal avenues. HB 1672 simply removes the need for duplicative due process at TxDMV, not due process itself. Companies still have legal recourse if they believe they’ve been treated unfairly, ensuring that procedural fairness is maintained.

By reducing bureaucratic overlap, reinforcing personal responsibility for safety compliance, and preserving individual rights while protecting the public, HB 1672 strikes a careful balance. It is a responsible, narrowly tailored policy change that improves governmental efficiency without sacrificing liberty or fairness. As such, Texas Policy Research recommends that lawmakers vote YES on HB 1672.

  • Individual Liberty: The bill maintains the due process protections that are essential to individual liberty. Carriers still receive notice, are given time to correct violations, and retain the right to appeal or challenge DPS’s findings in court. The bill simply removes a redundant layer of administrative review at the Texas Department of Motor Vehicles (TxDMV), not the carrier’s right to contest enforcement actions. So the bill does not infringe on liberty, but rather makes the process more efficient without sacrificing fairness.
  • Personal Responsibility: This bill directly reinforces the principle of personal responsibility. It holds commercial motor carriers accountable for operating safely and maintaining adequate safety protocols. If a company is found to be posing a risk to public safety, it faces real consequences in a timely manner—while still having access to legal remedies. By enforcing safety compliance more effectively, the bill promotes a culture where individuals and businesses take responsibility for following the law, particularly in areas that affect the safety of others.
  • Free Enterprise: The bill has no negative impact on free enterprise. It does not create new regulations or increase costs for businesses that comply with existing law. Rather, it ensures that bad actors who compromise safety are held accountable, leveling the playing field for businesses that operate responsibly.
  • Private Property Rights: The bill does not touch or restrict private property rights. It pertains only to the ability of the state to enforce operating restrictions on unsafe commercial motor carriers, not to seizing property or changing ownership rights.
  • Limited Government: The bill embodies limited government by eliminating unnecessary and duplicative bureaucratic procedures. It prevents two state agencies (DPS and TxDMV) from conducting overlapping reviews of the same issue, saving time and resources while keeping enforcement effective. The bill also avoids growing the size of government or creating new regulatory programs—it simply clarifies and narrows existing authority. This is a textbook example of making government more efficient, not more expensive.
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