As you are aware, on February 13, 2021 Governor Abbott issued a disaster declaration in response to the winter weather event Texas experienced. Among other things, this invokes the provision for relief from regulations per 49 CFR part 390.23. This includes parts 390-399. CDL and drug and alcohol testing requirements are not included in this exemption. As Texas recovers, there continues to be shortages which fall under “direct relief” provisions. It is our opinion that these provisions include, but are not limited to, fuel delivery, fuel and power production, water and restocking grocery stores to name a few. A copy of the declaration is below for your convenience.
Major Chris Nordloh
Commercial Vehicle Enforcement/Tactical Marine Unit
Texas Highway Patrol Division