H.B. No. 1156
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.