By: Uher H.B. No. 1867
73R6536 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of motor carriers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1(g), Chapter 314, Acts of the 41st
1-5 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
1-6 Civil Statutes), is amended to read as follows:
1-7 (g) The term "motor carrier" means any person, firm,
1-8 corporation, company, copartnership, association or joint stock
1-9 association, and their lessees, receivers, or trustees appointed by
1-10 any court whatsoever owning, controlling, managing, operating, or
1-11 causing to be operated any motor-propelled vehicle used in
1-12 transporting property for compensation or hire over any public
1-13 highway in this state, where in the course of such transportation a
1-14 highway between two or more incorporated cities, towns or villages
1-15 is traversed.
1-16 Provided, that the term "motor carrier" as used in this
1-17 Act shall not include, and this Act shall not apply to motor
1-18 vehicles engaged in the transportation of property for compensation
1-19 or hire between points:
1-20 (1) Wholly within any one incorporated city,
1-21 town or village;
1-22 (2) Wholly within an incorporated city, town or
1-23 village and all areas, incorporated or unincorporated, wholly
1-24 surrounded by such city, town or village;
2-1 (3) So situated that the transportation is
2-2 performed wholly within an incorporated and immediately adjacent
2-3 unincorporated area without operating within or through the
2-4 corporate limits of more than a single incorporated city, town or
2-5 village, except to the extent provided in (2) above; or
2-6 (4) Wholly within the limits of a base
2-7 incorporated municipality and any number of incorporated cities,
2-8 towns and villages which are immediately contiguous to said base
2-9 municipality.
2-10 Provided further, that motor carriers authorized to
2-11 serve any incorporated city, town or village within the areas
2-12 described in (2), (3), and (4) above, except carriers of
2-13 commodities in bulk in tank trucks and all specialized motor
2-14 carriers, may perform service for compensation or hire between all
2-15 points within the areas described in (2), (3), and (4) above, on
2-16 the one hand, and, on the other, authorized points beyond such
2-17 areas without a certificate or permit authorizing service at all
2-18 points within such areas when such transportation is incident to,
2-19 or a part of, otherwise regulated transportation performed under a
2-20 through bill of lading.
2-21 Provided further, that after notice and public hearing
2-22 the Railroad Commission of Texas is hereby authorized, except as to
2-23 operations of carriers of commodities in bulk in tank vehicles and
2-24 all specialized motor carriers, from time to time and where
2-25 necessary, to define and prescribe, and where necessary shall
2-26 prescribe, commercial zones adjacent to and commercially a part of
2-27 any specified incorporated municipality and within which operations
3-1 as a motor carrier may be performed without a certificate or permit
3-2 authorizing same and within which strictly local service wholly
3-3 within such commercial zone may be performed at rates and charges
3-4 other than those prescribed by the Commission. The Commission
3-5 shall create a separate commercial zone consisting of each county
3-6 with a population of 2.5 million, according to the most recent
3-7 federal decennial census, and each county adjacent to that county.
3-8 The Commission in so determining and prescribing the limits of any
3-9 commercial zone shall take into consideration its powers and duties
3-10 otherwise to administer and enforce the Motor Carrier Act
3-11 considered in the light of the economic facts and conditions
3-12 involved in each commercial zone or proposed commercial zone,
3-13 particularly the effect that unregulated transportation for
3-14 compensation or hire within such zone or proposed zone has had or
3-15 may have upon fully regulated motor carriers operating in regulated
3-16 intrastate commerce to, from and within such commercial zone. The
3-17 Railroad Commission is empowered to prescribe such rules and
3-18 regulations for operation of such transportation as the Commission
3-19 deems in the public interest.
3-20 SECTION 2. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended,
3-25 and that this Act take effect and be in force from and after its
3-26 passage, and it is so enacted.