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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 81(R)

House Bill 2985

House Author:  Phillips et al.

Effective:  9-1-09

Senate Sponsor:  Carona


            House Bill 2985 amends the Transportation Code to require an application for a certificate of title filed by the owner or lessee of a foreign commercial motor vehicle to be accompanied by a copy of the applicable federal declaration form required by the Federal Motor Carrier Safety Administration (FMCSA) in connection with the importation of a motor vehicle or motor vehicle equipment subject to the federal motor vehicle safety, bumper, and theft prevention standards.  The bill adds the submission of such a form to the requirements for a foreign commercial vehicle to obtain a temporary permit in lieu of registration, and it adds a valid identification number issued to the motor carrier by or under the authority of FMCSA to the items a motor carrier registration application must include.  The bill requires the Texas Department of Transportation (TxDOT) to revoke or deny a motor carrier registration issued to a for-hire motor carrier of passengers if the motor carrier is required to register with FMCSA and the federal registration is denied, revoked, suspended, or otherwise terminated.  The bill also authorizes TxDOT to issue a cease and desist order to prevent a violation of the motor carrier registration law and protect the public health and safety.  In addition, House Bill 2985 requires TxDOT to adopt rules by March 1, 2010, to provide for the issuance of an identification number authorized by FMCSA to a motor carrier.