TXDMV adopts emergency rule to immediately revoke motor carrier registrations upon DPS referral under HB1672

The Texas Department of Motor Vehicles Board on July 10 approved emergency rule amendments and authorized the publication of corresponding non‑emergency rules to implement House Bill 1672, which changes the process for suspending or revoking a motor carrier’s registration when the Department of Public Safety (DPS) or the Federal Motor Carrier Safety Administration (FMCSA) issues an unsatisfactory safety rating.

Under the revisions presented by Enforcement Director Corey Thompson, upon receipt of a DPS referral indicating an unsatisfactory safety rating the department will immediately place the carrier’s registration into a revoked status (displayed publicly as a “red thumbs down”) and then follow the administrative notice and contested‑case processes. The new approach reverses the department’s prior order of operations in which notice and an administrative process occurred before the operating authority was marked as revoked. The rule package also clarifies that rescission of the revocation is not automatic if a subsequent change restores the carrier’s safety rating; the carrier must request reinstatement and satisfy department procedures, except in limited circumstances where the underlying order was issued in error or violated due‑process rights.

Director Thompson told the Board the emergency rules were necessary because Transportation Code deadlines required prompt adoption; the Board voted to approve emergency amendments (effective 07/10/2025) and also authorized publication of the proposed non‑emergency rule language so the matter can undergo the regular public‑comment process. The Board’s motions and subsequent unanimous roll‑call votes were recorded on the transcript.

The department said there is no significant fiscal impact associated with the proposal; the implementation will require administrative processing changes, updates to public-facing status displays, and associated IT programming. The enforcement division will follow its notice procedures and allow carriers an opportunity to respond and seek contested‑case hearings. The department also clarified that the carrier remains able to pursue administrative review or a contested case following the immediate administrative action.

What changed

- Immediate administrative revocation on DPS referral for unsatisfactory safety rating. - Department will follow administrative notice/contest procedures after applying the immediate status change. - Reinstatement is not automatic upon a change in operating authority status; carriers must follow reinstatement procedures except where rescission is required due to error or due‑process defects.

Next steps

The department will publish the proposed non‑emergency rules for public comment and finalize rule text after the comment period; enforcement staff will incorporate the revised process flow for notices, revocations and contested‑case handling.

No carrier-specific revocation action was taken at the meeting; the vote authorised the emergency rule and publication of regular rulemaking documents.