1-1 By: Seidlits (Senate Sponsor - Bivins) H.B. No. 1156
1-2 (In the Senate - Received from the House May 12, 1993;
1-3 May 13, 1993, read first time and referred to Committee on State
1-4 Affairs; May 20, 1993, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; May 20, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the maximum deviation from the base rate that a motor
1-24 carrier may charge.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Subdivision (4), Subsection (a), Section 4,
1-27 Chapter 314, Acts of the 41st Legislature, Regular Session, 1929
1-28 (Article 911b, Vernon's Texas Civil Statutes), as amended by S.B.
1-29 No. 1313, Acts of the 73rd Legislature, Regular Session, 1993, is
1-30 amended to read as follows:
1-31 (4) Notwithstanding any other provision of this Act or
1-32 any existing Commission regulation, motor carriers other than
1-33 specialized motor carriers and other than contract carriers subject
1-34 to Commission-prescribed tariffs governing transportation of
1-35 specialized commodities shall be permitted to deviate from the
1-36 prescribed base rate (i) for shipments weighing in excess of 500
1-37 pounds but less than 10,000 pounds by an amount not to exceed five
1-38 percent above or below such base rate; (ii) except as provided by
1-39 Item (iii), for shipments weighing in excess of 10,000 pounds but
1-40 not more than 25,000 pounds, by an amount not to exceed 25 percent
1-41 above or below such base rate; and (iii) for shipments weighing in
1-42 excess of 25,000 pounds, or constituting a capacity load under
1-43 tariffs, rules, or regulations adopted by the Commission, <of
1-44 general commodities in a truckload quantity as authorized under
1-45 Section 6(c) of this Act> by an amount not to exceed 40 percent
1-46 above or below such base rate; provided, that a carrier or carriers
1-47 electing to so deviate shall file notice thereof with the
1-48 Commission. Such proposed deviation shall become effective five
1-49 days after filing and receipt by the Commission. In the event the
1-50 simplified base rate is thereafter increased or decreased, such
1-51 increase or decrease shall be applied to any deviation rate
1-52 published under this subdivision. Provided, however, that the
1-53 Commission shall promptly provide notice to the public of any
1-54 deviation under this subsection and with respect to any such
1-55 deviation any interested party shall have the right to petition the
1-56 Commission for suspension of such deviation within 15 days of such
1-57 notice on the grounds that the deviation results in predatory
1-58 pricing as hereinafter defined. The deviation shall remain in
1-59 effect and shall not be suspended unless the Commission, after
1-60 hearing, shall determine that suspension is warranted and so
1-61 orders.
1-62 SECTION 2. Subsection (k), Section 1, Chapter 314, Acts of
1-63 the 41st Legislature, Regular Session, 1929 (Article 911b, Vernon's
1-64 Texas Civil Statutes), as amended by S.B. No. 1313, Acts of the
1-65 73rd Legislature, Regular Session, 1993, is amended to read as
1-66 follows:
1-67 (k) For purposes of Section 6(c) of this Act, "truckload
1-68 <Truckload> quantity" means a single shipment that:
2-1 (1) is transported for a single consignor who has
2-2 exclusive use of the transporting vehicle; and
2-3 (2) weighs 25,000 pounds or more or constitutes a
2-4 capacity load under tariffs, rules, or regulations adopted by the
2-5 Commission.
2-6 SECTION 3. This Act takes effect September 1, 1993.
2-7 SECTION 4. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.
2-12 * * * * *
2-13 Austin,
2-14 Texas
2-15 May 20, 1993
2-16 Hon. Bob Bullock
2-17 President of the Senate
2-18 Sir:
2-19 We, your Committee on State Affairs to which was referred H.B.
2-20 No. 1156, have had the same under consideration, and I am
2-21 instructed to report it back to the Senate with the recommendation
2-22 that it do pass and be printed.
2-23 Harris of
2-24 Dallas, Chairman
2-25 * * * * *
2-26 WITNESSES
2-27 FOR AGAINST ON
2-28 ___________________________________________________________________
2-29 Name: Hampton Rogers x
2-30 Representing: Tx Motor Transportation Assn
2-31 City: Austin
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