By Seidlits                                           H.B. No. 1156
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the maximum deviation from the base rate that a motor
    1-3  carrier may charge.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subdivision (4), Subsection (a), Section 4,
    1-6  Chapter 314, Acts of the 41st Legislature, Regular Session, 1929
    1-7  (Article 911b, Vernon's Texas Civil Statutes), as amended by S.B.
    1-8  No. 1313, Acts of the 73rd Legislature, Regular Session, 1993, is
    1-9  amended to read as follows:
   1-10              (4)  Notwithstanding any other provision of this Act or
   1-11  any existing Commission regulation, motor carriers other than
   1-12  specialized motor carriers and other than contract carriers subject
   1-13  to Commission-prescribed tariffs governing transportation of
   1-14  specialized commodities shall be permitted to deviate from the
   1-15  prescribed base rate (i) for shipments weighing in excess of 500
   1-16  pounds but less than 10,000 pounds by an amount not to exceed five
   1-17  percent above or below such base rate; (ii) except as provided by
   1-18  Item (iii), for shipments weighing in excess of 10,000 pounds but
   1-19  not more than 25,000 pounds, by an amount not to exceed 25 percent
   1-20  above or below such base rate; and (iii) for shipments weighing in
   1-21  excess of 25,000 pounds, or constituting a capacity load under
   1-22  tariffs, rules, or regulations adopted by the Commission, <of
   1-23  general commodities in a truckload quantity as authorized under
   1-24  Section 6(c) of this Act> by an amount not to exceed 40 percent
    2-1  above or below such base rate; provided, that a carrier or carriers
    2-2  electing to so deviate shall file notice thereof with the
    2-3  Commission.  Such proposed deviation shall become effective five
    2-4  days after filing and receipt by the Commission.  In the event the
    2-5  simplified base rate is thereafter increased or decreased, such
    2-6  increase or decrease shall be applied to any deviation rate
    2-7  published under this subdivision.  Provided, however, that the
    2-8  Commission shall promptly provide notice to the public of any
    2-9  deviation under this subsection and with respect to any such
   2-10  deviation any interested party shall have the right to petition the
   2-11  Commission for suspension of such deviation within 15 days of such
   2-12  notice on the grounds that the deviation results in predatory
   2-13  pricing as hereinafter defined.  The deviation shall remain in
   2-14  effect and shall not be suspended unless the Commission, after
   2-15  hearing, shall determine that suspension is warranted and so
   2-16  orders.
   2-17        SECTION 2.  Subsection (k), Section 1, Chapter 314, Acts of
   2-18  the 41st Legislature, Regular Session, 1929 (Article 911b, Vernon's
   2-19  Texas Civil Statutes), as amended by S.B. No. 1313, Acts of the
   2-20  73rd Legislature, Regular Session, 1993, is amended to read as
   2-21  follows:
   2-22        (k)  For purposes of Section 6(c) of this Act, "truckload
   2-23  <Truckload> quantity" means a single shipment that:
   2-24              (1)  is transported for a single consignor who has
   2-25  exclusive use of the transporting vehicle; and
   2-26              (2)  weighs 25,000 pounds or more or constitutes a
   2-27  capacity load under tariffs, rules, or regulations adopted by the
    3-1  Commission.
    3-2        SECTION 3.  This Act takes effect September 1, 1993.
    3-3        SECTION 4.  The importance of this legislation and the
    3-4  crowded condition of the calendars in both houses create an
    3-5  emergency and an imperative public necessity that the
    3-6  constitutional rule requiring bills to be read on three several
    3-7  days in each house be suspended, and this rule is hereby suspended.