By: Bivins S.B. No. 457
73R4026 DRH-F
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(e), 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 (e) The term "certificate" means a certificate to
1-8 operate as a common carrier <certificate of public convenience and
1-9 necessity issued> under this Act.
1-10 SECTION 2. Section 1(g), Chapter 314, Acts of the 41st
1-11 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
1-12 Civil Statutes), is amended to read as follows:
1-13 (g) The term "motor carrier" means any person, firm,
1-14 corporation, company, copartnership, association or joint stock
1-15 association, and their lessees, receivers, or trustees appointed by
1-16 any court whatsoever owning, controlling, managing, operating, or
1-17 causing to be operated any motor-propelled vehicle used in
1-18 transporting property for compensation or hire over any public
1-19 highway in this state, where in the course of such transportation a
1-20 highway between two or more incorporated cities, towns or villages
1-21 is traversed.
1-22 Provided, that the term "motor carrier" as used in this
1-23 Act shall not include, and this Act shall not apply to motor
1-24 vehicles engaged in the transportation of property for compensation
2-1 or hire between points:
2-2 (1) Wholly within any one incorporated city,
2-3 town or village;
2-4 (2) Wholly within an incorporated city, town or
2-5 village and all areas, incorporated or unincorporated, wholly
2-6 surrounded by such city, town or village;
2-7 (3) So situated that the transportation is
2-8 performed wholly within an incorporated and immediately adjacent
2-9 unincorporated area without operating within or through the
2-10 corporate limits of more than a single incorporated city, town or
2-11 village, except to the extent provided in (2) above; or
2-12 (4) Wholly within the limits of a base
2-13 incorporated municipality and any number of incorporated cities,
2-14 towns and villages which are immediately contiguous to said base
2-15 municipality.
2-16 Provided further, that motor carriers authorized to
2-17 serve any incorporated city, town or village within the areas
2-18 described in (2), (3), and (4) above<, except carriers of
2-19 commodities in bulk in tank trucks and all specialized motor
2-20 carriers,> may perform service for compensation or hire between all
2-21 points within the areas described in (2), (3), and (4) above, on
2-22 the one hand, and, on the other, authorized points beyond such
2-23 areas without a certificate or permit authorizing service at all
2-24 points within such areas when such transportation is incident to,
2-25 or a part of, otherwise regulated transportation performed under a
2-26 through bill of lading.
2-27 Provided further, that after notice and public hearing
3-1 the Railroad Commission of Texas shall <is hereby authorized,
3-2 except as to operations of carriers of commodities in bulk in tank
3-3 vehicles and all specialized motor carriers, from time to time and
3-4 where necessary, to> define and prescribe<, and where necessary
3-5 shall prescribe,> commercial zones adjacent to and commercially a
3-6 part of any specified incorporated municipality with a population
3-7 of 25,000 or more according to the most recent federal census and
3-8 within which operations as a motor carrier may be performed without
3-9 a certificate or permit authorizing same and within which strictly
3-10 local service wholly within such commercial zone may be performed
3-11 at rates and charges other than those prescribed by the Commission.
3-12 A commercial zone shall consist of one or more whole counties. The
3-13 Commission shall, not later than January 1, 1994, publish detailed
3-14 maps of each commercial zone. <The Commission in so determining
3-15 and prescribing the limits of any commercial zone shall take into
3-16 consideration its powers and duties otherwise to administer and
3-17 enforce the Motor Carrier Act considered in the light of the
3-18 economic facts and conditions involved in each commercial zone or
3-19 proposed commercial zone, particularly the effect that unregulated
3-20 transportation for compensation or hire within such zone or
3-21 proposed zone has had or may have upon fully regulated motor
3-22 carriers operating in regulated intrastate commerce to, from and
3-23 within such commercial zone.> The Railroad Commission is empowered
3-24 to prescribe such rules and regulations for operation of such
3-25 transportation in accordance with this Act <as the Commission deems
3-26 in the public interest>.
3-27 SECTION 3. Section 1, Chapter 314, Acts of the 41st
4-1 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
4-2 Civil Statutes), is amended by adding Subsection (k) to read as
4-3 follows:
4-4 (k) The term "common carrier" means a person or motor
4-5 carrier that transports property for compensation or hire by motor
4-6 vehicle for the general public.
4-7 SECTION 4. Chapter 314, Acts of the 41st Legislature,
4-8 Regular Session, 1929 (Article 911b, Vernon's Texas Civil
4-9 Statutes), is amended by adding Section 1e to read as follows:
4-10 Sec. 1e. Notwithstanding any other provision of law, a
4-11 reference in law to a:
4-12 (1) "certificate of public convenience and necessity"
4-13 issued under this Act means a "certificate" issued under this Act;
4-14 and
4-15 (2) "specialized motor carrier" regulated under this
4-16 Act means, beginning September 1, 1994, a "motor carrier" as
4-17 defined by this Act.
4-18 SECTION 5. Section 1 1/4, Chapter 314, Acts of the 41st
4-19 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
4-20 Civil Statutes), is amended to read as follows:
4-21 Sec. 1 1/4. The phrase "transporting property for
4-22 compensation or hire" does <term "Specialized Motor Carrier" and
4-23 "Specialized Equipment" shall> not include the services of wrecker
4-24 type vehicles used incidental to or as an adjunct to the carrying
4-25 on of the primary business of buying, selling, exchanging,
4-26 repairing, storing, servicing or wrecking motor vehicles.
4-27 SECTION 6. Section 3, Chapter 314, Acts of the 41st
5-1 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
5-2 Civil Statutes), is amended to read as follows:
5-3 Sec. 3. A motor carrier may not operate as a common carrier
5-4 without a certificate issued by the Commission under this Act. The
5-5 Commission may not issue a certificate to operate as a common
5-6 carrier unless an applicant has complied with this Act. <No motor
5-7 carrier shall, after this Act goes into effect, operate as a common
5-8 carrier without first having obtained from the Commission, under
5-9 the provisions of this Act, a certificate of public convenience and
5-10 necessity pursuant to a finding to the effect that the public
5-11 convenience and necessity require such operation.> No motor
5-12 carrier shall, after this Act goes into effect, operate as a
5-13 contract carrier without first having obtained from the Commission
5-14 a permit so to do, which permit shall not be issued until the
5-15 applicant shall have in all things complied with the requirements
5-16 of this Act.
5-17 SECTION 7. Effective September 1, 1994, Section 4(a)(1),
5-18 Chapter 314, Acts of the 41st Legislature, Regular Session, 1929
5-19 (Article 911b, Vernon's Texas Civil Statutes), is amended to read
5-20 as follows:
5-21 (1) The Commission is hereby vested with power and
5-22 authority and it is hereby made its duty to supervise and regulate
5-23 the transportation of property for compensation or hire by motor
5-24 vehicle on any public highway in this State, to fix, prescribe or
5-25 approve the maximum or minimum or maximum and minimum rates, fares
5-26 and charges of each motor carrier in accordance with the specific
5-27 provisions herein contained, to prescribe all rules and regulations
6-1 necessary for the government of motor carriers, to prescribe rules
6-2 and regulations for the safety of operations of each of such motor
6-3 carriers, to require the filing of such monthly, annual or other
6-4 reports and other data of motor carriers as the Commission may deem
6-5 necessary, <to prescribe the schedules and services of motor
6-6 carriers operating as common carriers,> and to supervise and
6-7 regulate motor carriers in all matters affecting the relationship
6-8 between such carriers and the shipping public in a manner
6-9 consistent with this Act <whether herein specifically mentioned or
6-10 not>. To ensure nondiscriminatory rates, charges, and
6-11 classifications for all shippers and users of regulated
6-12 transportation services for which the Commission prescribes rates,
6-13 charges, and classifications, the Commission shall establish
6-14 collective ratemaking procedures for all commodities and services
6-15 for which it prescribes rates, charges, and classifications. Those
6-16 procedures must assure that respective revenues and costs of
6-17 carriers engaged in the transportation of the particular commodity
6-18 or service for which rates are prescribed are ascertained. Failure
6-19 on the part of any carrier to comply with this subsection or the
6-20 rules and regulations adopted under it may result in suspension or
6-21 cancellation of the carrier's operating authority by the
6-22 Commission.
6-23 SECTION 8. Effective January 1, 1995, Section 4(a)(1),
6-24 Chapter 314, Acts of the 41st Legislature, Regular Session, 1929
6-25 (Article 911b, Vernon's Texas Civil Statutes), is amended to read
6-26 as follows:
6-27 (1) The Commission is hereby vested with power and
7-1 authority and it is hereby made its duty to supervise and regulate
7-2 the transportation of property for compensation or hire by motor
7-3 vehicle on any public highway in this State, to fix, prescribe or
7-4 approve the maximum <or minimum or maximum and minimum> rates,
7-5 fares and charges of each motor carrier in accordance with the
7-6 specific provisions herein contained, to prescribe all rules and
7-7 regulations necessary for the government of motor carriers, to
7-8 prescribe rules and regulations for the safety of operations of
7-9 each of such motor carriers, to require the filing of such monthly,
7-10 annual or other reports and other data of motor carriers as the
7-11 Commission may deem necessary, <to prescribe the schedules and
7-12 services of motor carriers operating as common carriers,> and to
7-13 supervise and regulate motor carriers in all matters affecting the
7-14 relationship between such carriers and the shipping public in a
7-15 manner consistent with this Act <whether herein specifically
7-16 mentioned or not>. The Commission shall set the maximum rates at a
7-17 level comparable to the rates charged by interstate motor carriers
7-18 providing the same type of service. A common carrier may present
7-19 evidence of interstate services and rates when the commission is
7-20 determining a maximum rate under this section. The <To ensure
7-21 nondiscriminatory rates, charges, and classifications for all
7-22 shippers and users of regulated transportation services for which
7-23 the Commission prescribes rates, charges, and classifications, the>
7-24 Commission shall establish collective ratemaking procedures for all
7-25 commodities and services for which it prescribes rates, charges,
7-26 and classifications. <Those procedures must assure that respective
7-27 revenues and costs of carriers engaged in the transportation of the
8-1 particular commodity or service for which rates are prescribed are
8-2 ascertained.> Failure on the part of any carrier to comply with
8-3 this subsection or the rules and regulations adopted under it may
8-4 result in suspension or cancellation of the carrier's operating
8-5 authority by the Commission.
8-6 SECTION 9. Section 4(a)(11), Chapter 314, Acts of the 41st
8-7 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
8-8 Civil Statutes), is amended to read as follows:
8-9 (11) The Commission shall hold an annual state of the
8-10 transportation industry conference <commencing in 1988> at which
8-11 the Commission shall consider and determine the current state of
8-12 regulation of the transportation industry, including but not
8-13 limited to whether existing rules, regulations, and rates are
8-14 promoting a safe, stable, responsive, and adequate transportation
8-15 system available to the public as a whole and are promoting and
8-16 encouraging the continuing economic development of business and
8-17 commerce in this state and are otherwise reasonably accomplishing
8-18 the objectives of this Act. At the conference, the Commission
8-19 shall report on the availability of transportation services in
8-20 small communities for shipment of general commodities weighing
8-21 greater than 500 pounds and less than 10,000 pounds. If the
8-22 Commission determines that the number of carriers available to
8-23 small communities for this type of transportation service is
8-24 inadequate, the Commission by rule may impose obligations on common
8-25 carriers to provide service to such a community on a regular route
8-26 and schedule. The Commission's findings shall be duly reported in
8-27 the form of a written annual report delivered to the governor and
9-1 the legislature and made available to the public.
9-2 SECTION 10. Section 4(a)(13), Chapter 314, Acts of the 41st
9-3 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
9-4 Civil Statutes), is amended to read as follows:
9-5 (13) All commercial motor vehicles as defined in
9-6 Subdivision (3), Section 1, Chapter 42, Acts of the 41st
9-7 Legislature, 2nd Called Session, 1929 (Article 6701d-11, Vernon's
9-8 Texas Civil Statutes), or as otherwise defined by the Railroad
9-9 Commission of Texas, transporting property over the highways of
9-10 this state other than pursuant to intrastate certificates or
9-11 permits <of public convenience and necessity> granted by the
9-12 Railroad Commission of Texas under the provisions of this Act or
9-13 for-hire carriers operating in interstate commerce shall be
9-14 required to be registered annually with the Commission by the owner
9-15 and/or operator thereof. Such registration shall be accompanied by
9-16 a registration fee of $10 per vehicle. The Commission shall issue
9-17 for each such vehicle registered under this subdivision a numbered
9-18 certificate bearing the name and address of the vehicle owner which
9-19 shall be carried in the vehicle at all times. Such registration
9-20 fee shall be payable to the State Treasury and credited to the
9-21 "Motor Carrier Act enforcement fund" for use by the Commission in
9-22 administering this Act. No such motor vehicle shall be operated
9-23 over the highways of this state unless the same shall have been
9-24 registered in accordance with the provisions of this subdivision.
9-25 In the event the owner or operator of any such vehicle may be found
9-26 to be transporting property for hire over the highways of this
9-27 state in violation of the provisions of this Act or the rules and
10-1 regulations of the Commission, the Commission may, after notice and
10-2 hearing in accordance with the provisions of the Administrative
10-3 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
10-4 Civil Statutes) impose an administrative penalty on such owner or
10-5 operator, or both, and on the involved shipper or receiver, or
10-6 both, not to exceed $10,000 and such owner, operator, shipper, or
10-7 receiver shall also be subject to the penalties and other relief
10-8 provided under Section 16 of this Act. In the event of such
10-9 unlawful operation or other violation of the rules of the
10-10 Commission, the Commission may also revoke or suspend the
10-11 registration certificate for such vehicle issued under this
10-12 subsection.
10-13 SECTION 11. Section 4(a)(14), Chapter 314, Acts of the 41st
10-14 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
10-15 Civil Statutes), is amended to read as follows:
10-16 (14) Notwithstanding any other provision of law or
10-17 regulation, the Department of Public Safety shall as soon as
10-18 practicable after the effective date of this Act establish
10-19 procedures under which all violations of the traffic laws of this
10-20 state for which citations are issued by the department to vehicles
10-21 registered with the Railroad Commission of Texas under certificates
10-22 or permits <of public convenience and necessity> or under vehicle
10-23 registration certificates issued under Subdivision (13) of this
10-24 subsection shall be recorded not only in the name of the driver of
10-25 the vehicle involved but also in the name of the person, company,
10-26 or other entity owning the vehicle and, if different from the
10-27 owner, the person, company, or other entity causing the vehicle to
11-1 be operated over Texas highways. The Department of Public Safety
11-2 shall report all such citations to the Railroad Commission of Texas
11-3 no less frequently than on a monthly basis. The Commission shall,
11-4 not later than January 1, 1994, establish and enforce standards for
11-5 the suspension or revocation of certificates, permits, and vehicle
11-6 registration certificates as a result of unsafe operations based on
11-7 reported citations.
11-8 SECTION 12. Section 4, Chapter 314, Acts of the 41st
11-9 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
11-10 Civil Statutes), is amended by adding Subsection (b) to read as
11-11 follows:
11-12 (b)(1) In this subsection:
11-13 (A) "Baseline rate" means the rates, fares, or
11-14 charges in effect on September 1, 1993, or subsequently adopted by
11-15 the Commission by rule.
11-16 (B) "Rate zone" means a range of rates that are
11-17 not more than 20 percent more than the baseline rate or less than
11-18 50 percent less than the baseline rate.
11-19 (2) Until January 1, 1995, a carrier, including a
11-20 common carrier, may charge the applicable baseline rate. A
11-21 carrier, including a common carrier, may charge another rate within
11-22 the rate zone if the carrier files with the Commission, in a manner
11-23 determined by the Commission, notice that it intends to charge a
11-24 rate in the rate zone other than the baseline rate. The carrier
11-25 may, subject to the notice requirement, change its rates within the
11-26 rate zone as often as it desires.
11-27 (3) If the Commission determines that the rate change
12-1 a carrier seeks under Subdivision (2) of this subsection is within
12-2 the rate zone, the proposed rate shall go into effect according to
12-3 its terms and the Commission may not suspend, revise, or revoke the
12-4 proposed rate. If the Commission determines that the proposed rate
12-5 is outside the rate zone, or a carrier proposes a rate outside the
12-6 rate zone, the Commission shall handle the request in the manner
12-7 provided elsewhere in this Act and under the rules of the
12-8 Commission.
12-9 (4) On January 1, 1995, each maximum rate is set at
12-10 120 percent of the applicable baseline rate in effect on December
12-11 31, 1994, and the other provisions of this subsection expire.
12-12 SECTION 13. Section 4(c), Chapter 314, Acts of the 41st
12-13 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
12-14 Civil Statutes), is amended to read as follows:
12-15 (c) The Commission is further authorized and empowered, and
12-16 it shall be its duty, to supervise and regulate motor carriers in
12-17 all matters affecting the relationship between such motor carriers
12-18 and the shipping public that may be necessary in the interest of
12-19 the public and in a manner consistent with this Act.
12-20 SECTION 14. Section 4(e), Chapter 314, Acts of the 41st
12-21 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
12-22 Civil Statutes), is amended to read as follows:
12-23 (e) Before granting an application for a certificate, the
12-24 Commission shall require that the applicant and any party opposing
12-25 the application make the showings required by this subsection and
12-26 elsewhere in law. The applicant is required to make a prima facie
12-27 case that it can provide the service proposed in conformity with
13-1 this Act. If the applicant makes a prima facie case, the
13-2 Commission shall grant the application unless an opposing party
13-3 shows that the applicant is not able to provide the service
13-4 proposed in conformity with this Act. In making a determination on
13-5 granting the application, the Commission may not consider evidence
13-6 presented by an opposing party that:
13-7 (1) does not show that the applicant is unable to
13-8 provide the service proposed in conformity with this Act;
13-9 (2) shows that an opposing party or another carrier
13-10 already adequately provides or could adequately provide the
13-11 proposed service; or
13-12 (3) shows that a complaint has been or will be filed
13-13 against the applicant for a violation of this Act, unless the
13-14 complaint is in regard to a safety violation. <In enforcing motor
13-15 carrier entry requirements, the Commission shall require that the
13-16 applicant and the protestant make the showings otherwise required
13-17 by law and the showings required by this subsection. In
13-18 determining the issues of public convenience and necessity, the
13-19 Commission shall give no consideration to any protestant who does
13-20 not show it possesses authority to handle, in whole or in part, the
13-21 traffic for which authority is sought, it is willing and able to
13-22 provide service that meets the reasonable needs of the shippers
13-23 involved, and it has either performed service within the
13-24 geographical scope of the application during the preceding 24-month
13-25 period or has, actively and in good faith, solicited service within
13-26 the geographical scope of the application during such period.
13-27 Also, in determining the issues of public convenience and
14-1 necessity, the Commission shall give no consideration to services
14-2 and facilities of motor carriers not parties to the proceeding.
14-3 With respect to showing public convenience and necessity, the
14-4 applicant is required to prove a prima facie case that the public
14-5 convenience would be promoted and a prima facie case that a public
14-6 necessity exists, and in these circumstances, the burden of proof
14-7 to show that the public convenience would not be promoted or that a
14-8 public necessity does not exist for the proposed service or that
14-9 the existing carriers are rendering a reasonably adequate service
14-10 shifts from the applicant to the opposing carrier or carriers.>
14-11 SECTION 15. Section 4, Chapter 314, Acts of the 41st
14-12 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
14-13 Civil Statutes), is amended by adding Subsection (f) to read as
14-14 follows:
14-15 (f) In reviewing an application for a certificate to
14-16 transport general commodities weighing more than 500 pounds but
14-17 less than 10,000 pounds, the Commission shall determine whether a
14-18 municipality an applicant proposes to serve is currently being
14-19 served by less than five common carriers holding certificates under
14-20 this Act. If the Commission determines that a municipality is
14-21 being served by less than five common carriers holding certificates
14-22 under this Act, the Commission shall find that the public
14-23 convenience and necessity require granting the application to the
14-24 extent necessary to serve that municipality, unless a party
14-25 opposing the application shows that the applicant is not able to
14-26 provide the service proposed in conformity with this Act. Evidence
14-27 that other carriers are rendering reasonably adequate service to
15-1 the municipality may not be used to show that the applicant is not
15-2 able to provide the service proposed in conformity with this Act.
15-3 This subsection expires September 1, 1995.
15-4 SECTION 16. Section 5, Chapter 314, Acts of the 41st
15-5 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
15-6 Civil Statutes), is amended to read as follows:
15-7 Sec. 5. (a) No motor carrier shall hereafter operate as a
15-8 common carrier for the transportation of property for compensation
15-9 or hire over the public highways of this State without first having
15-10 obtained from the Commission, under the provisions of this Act, a
15-11 certificate <declaring that the public convenience and necessity
15-12 requires such operation; provided, however, the Commission shall,
15-13 without application or hearing when this Act goes into effect,
15-14 issue all motor carriers then operating lawfully under permanent
15-15 certificates of public convenience and necessity heretofore issued
15-16 to them, certificates in lieu of the certificates issued under the
15-17 terms of the former law covering the same routes that said common
15-18 carrier shall have been operating over, and no more>.
15-19 (b) Any certificate held, owned or obtained by any motor
15-20 carrier operating as a common carrier under the provisions of this
15-21 Act may be sold, assigned, leased, transferred or inherited;
15-22 provided, however, that any proposed sale, lease, assignment or
15-23 transfer shall be first presented in writing to the Commission for
15-24 its approval or disapproval, and the Commission may disapprove such
15-25 proposed sale, assignment, lease or transfer if it be found and
15-26 determined by the Commission that such proposed sale, assignment,
15-27 lease or transfer is not in good faith or that the proposed
16-1 purchaser, assignee, lessee or transferee is not able or capable of
16-2 continuing the operation of the equipment proposed to be sold,
16-3 assigned, leased or transferred <in such manner as to render the
16-4 services demanded by the public necessity and convenience> on and
16-5 along the designated route, or that said proposed sale, assignment,
16-6 lease or transfer is not best for the public interest; the
16-7 Commission, in approving or disapproving any sale, assignment,
16-8 lease or transfer of any certificate, may take into consideration
16-9 all of the requirements and qualifications of a regular applicant
16-10 required in this Act and apply same as necessary qualifications of
16-11 any proposed purchaser, assignee, lessee or transferee; provided,
16-12 however, that in case a certificate is transferred that the
16-13 transferee shall pay to the Commission a sum of money equal to ten
16-14 per cent (10%) of the amount paid as a consideration for the
16-15 transfer of the certificate, which sum of ten per cent (10%) shall
16-16 be deposited in the State Treasury to the credit of the Highway
16-17 Fund of the State; provided further, that any certificate obtained
16-18 by any motor carrier or by any assignee or transferee shall be
16-19 taken and held subject to the right of the State at any time to
16-20 limit, restrict or forbid the use of the streets and highways of
16-21 this State to any holder or owner of such certificate. Every
16-22 application filed with the Commission for an order approving the
16-23 lease, sale or transfer of any certificate of convenience and
16-24 necessity shall be accompanied by a filing fee in the sum of
16-25 Twenty-five Dollars ($25.00), which fee shall be in addition to the
16-26 other fees and taxes and shall be retained by the Commission
16-27 whether the lease, sale or transfer of the certificate <of
17-1 convenience and necessity> is approved or not.
17-2 SECTION 17. Sections 5b(a) and (b), Chapter 314, Acts of the
17-3 41st Legislature, Regular Session, 1929 (Article 911b, Vernon's
17-4 Texas Civil Statutes), are amended to read as follows:
17-5 (a) A person transporting eligible agricultural commodities
17-6 for compensation or hire, for the benefit of the original producer
17-7 or grower, an independent ginning service, a grain or rice elevator
17-8 business, a feedlot or livestock marketing business, a livestock
17-9 slaughtering business, or a producers' or growers' cooperative
17-10 association, between any point of production, processing, or
17-11 storage, or from any point of production, processing, or storage to
17-12 any point of first manufacture, regardless of who directs,
17-13 controls, or pays for the transportation is not required to obtain
17-14 a certificate <of public convenience and necessity> from the
17-15 Commission or to comply with tariffs or orders of the Commission
17-16 governing rates and charges to be offered, demanded, or received
17-17 for such service if the person holds an agricultural permit issued
17-18 by the Commission.
17-19 (1) The Commission shall, by regulation or as a
17-20 contested matter properly before the Commission in an enforcement
17-21 proceeding, define the terms "agricultural commodities," "point of
17-22 production," "point of processing," "point of storage," and "point
17-23 of first manufacture." These terms shall include, in addition to
17-24 such other commodities or points as the Commission shall designate:
17-25 (A) agricultural commodities: cotton,
17-26 livestock, grain, fresh fruits, and fresh vegetables;
17-27 (B) point of production: farms and ranches at
18-1 which the agricultural commodities were grown;
18-2 (C) point of processing: cotton gins, grain or
18-3 rice mills, dryers, and animal auction barns;
18-4 (D) point of storage: grain or rice elevators,
18-5 compresses, and warehouses.
18-6 (2) The holder of an agricultural permit shall comply
18-7 with all Commission regulations concerning safety, insurance, and
18-8 otherwise, except to the extent such regulations are made expressly
18-9 inapplicable herein. The holder shall be subject to administrative
18-10 and other sanctions for failure to comply with applicable laws and
18-11 regulations to the same extent as other motor carriers.
18-12 (3) The Commission shall, in implementing the
18-13 provisions of this subsection, take into consideration its powers
18-14 and duties to administer and enforce the Motor Carrier Act and
18-15 shall prescribe such regulations for operations under authority of
18-16 agricultural permits as the Commission deems necessary in the
18-17 interest of the shipping and receiving public, provided that
18-18 rulemaking authority granted under this paragraph shall be used to
18-19 accomplish the overall purpose of this subsection.
18-20 (b) The Commission may issue agricultural permits without
18-21 notice or<,> hearing<, or proof of public convenience and
18-22 necessity>. Each permit is valid for one year from the date of
18-23 issuance unless a shorter period is requested by the applicant.
18-24 SECTION 18. Section 6(c), Chapter 314, Acts of the 41st
18-25 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
18-26 Civil Statutes), is amended to read as follows:
18-27 (c) No application for permit shall be granted by the
19-1 Commission until after a hearing <nor shall any such permit be
19-2 granted if the Commission shall be of the opinion that the proposed
19-3 operation of any such contract carrier will impair the efficient
19-4 public service of any authorized common carrier or common carriers
19-5 then adequately serving the same territory>.
19-6 SECTION 19. Section 7, Chapter 314, Acts of the 41st
19-7 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
19-8 Civil Statutes), is amended to read as follows:
19-9 Sec. 7. (a) For the purposes <purpose> of defraying the
19-10 expenses of administering this Act and of enforcing motor carrier
19-11 safety regulations and hazardous materials regulations, every motor
19-12 carrier operating as a contract carrier shall, at the time of the
19-13 issuance of a permit to him and annually thereafter on or between
19-14 September 1st and September 15th of each calendar year pay a
19-15 special fee of $20 <Ten Dollars ($10.00)> for each motor vehicle
19-16 operated or to be operated by such motor carrier. If the permit
19-17 herein referred to is issued after the month of September of any
19-18 year the fee paid shall be prorated to the remaining portion of the
19-19 year ending August 31st following, but in no case less than
19-20 one-fourth (1/4) the annual fee. The Commission shall deposit
19-21 one-half of all special fees collected under this subsection to the
19-22 credit of the motor carrier safety fund, which is established as a
19-23 special account in the general revenue fund in the state treasury.
19-24 Money in the fund may be appropriated only to the Department of
19-25 Public Safety of the State of Texas to enforce motor carrier safety
19-26 regulations and hazardous material regulations adopted under the
19-27 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
20-1 Texas Civil Statutes) and its subsequent amendments. <Provided,
20-2 that no person now authorized by law to operate as a Class "A" or
20-3 Class "B" motor carrier, and who has paid annual vehicle fees
20-4 required by law of the holders of certificates or permits for the
20-5 year ending September 1, 1931, shall be required to pay any
20-6 additional vehicle fees or additional fees incident to the issuance
20-7 of certificates or permits required in this Act, for the year
20-8 ending September 1, 1931, in lieu of those now required by law.>
20-9 (b) Every application for a permit shall be accompanied by a
20-10 filing fee in the sum of $250 <One Hundred Dollars ($100.00)> which
20-11 fee shall be in addition to other fees and taxes and shall be
20-12 retained by the Commission whether the permit be granted or not.
20-13 SECTION 20. Section 10, Chapter 314, Acts of the 41st
20-14 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
20-15 Civil Statutes), is amended to read as follows:
20-16 Sec. 10. (a) No application for a certificate <of public
20-17 convenience and necessity> shall be considered by said Commission
20-18 unless it is accompanied by the application fee required by Section
20-19 17(a) of this Act and is <be> in writing and sets <set> forth the
20-20 following facts:
20-21 (1) It shall contain the name and address of the
20-22 applicant and the names and addresses of its officers, if any, and
20-23 shall give full information concerning the financial condition and
20-24 physical properties of the applicant.
20-25 (2) The commodity or class of commodities that the
20-26 applicant proposes to transport and the complete territory <route
20-27 or routes> over which the applicant desires to operate, together
21-1 with the description of each vehicle which the applicant intends to
21-2 use.
21-3 (3) <A proposed schedule of service and a schedule of
21-4 rates to be charged between the several points or localities to be
21-5 served.>
21-6 <(4)> It shall be accompanied by a plat or map showing
21-7 the territory <route or routes> over which the applicant desires to
21-8 operate<, and shall point out the public necessity for the proposed
21-9 service and in what particulars the public convenience would be
21-10 promoted by the institution of the proposed service, and shall
21-11 specify wherein additional facilities or service are required and
21-12 would be secured by the granting of said application>.
21-13 (b) The Commission, in prescribing and adopting rules and
21-14 regulations and in forming its conclusions and in prescribing its
21-15 orders, shall invite the opinion of the State Department of
21-16 Highways and Public Transportation on the conditions of the public
21-17 highways involved and the ability of said highways to carry the
21-18 existing and proposed additional traffic, and the Commission shall
21-19 give due and proper consideration to the orders, regulations,
21-20 ordinances or recommendations of the State Department of Highways
21-21 and Public Transportation; provided, however, nothing herein
21-22 contained shall be deemed to restrict the powers of the State
21-23 Department of Highways and Public Transportation under existing
21-24 laws. The Commission shall also give due and proper consideration
21-25 to the recommendations of the Commissioners' Courts of the several
21-26 Counties and to the recommendations of the local government of any
21-27 municipality through or between which motor carriers operate.
22-1 SECTION 21. Section 13, Chapter 314, Acts of the 41st
22-2 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
22-3 Civil Statutes), as amended by Chapters 377 and 1050, Acts of the
22-4 70th Legislature, Regular Session, 1987, and Chapter 894, Acts of
22-5 the 72nd Legislature, Regular Session, 1991, is amended to read as
22-6 follows:
22-7 Sec. 13. Before any permit or certificate <of public
22-8 convenience and necessity> may be issued to any motor carrier and
22-9 before any motor carrier may lawfully operate under such permit or
22-10 certificate as the case may be, such motor carrier shall file with
22-11 the Commission bonds and/or insurance policies issued by some
22-12 insurance company including mutuals and reciprocals or bonding
22-13 company holding a certificate of authority to transact such kinds
22-14 of insurance business in Texas or, with the Commission's approval,
22-15 by a surplus lines insurer meeting the requirements of Article
22-16 1.14-2, Insurance Code, and rules adopted by the State Board of
22-17 Insurance under that article, in an amount to be fixed by the
22-18 Commission under such rules and regulations as it may prescribe,
22-19 which bonds and insurance policies shall provide that the obligor
22-20 therein will pay to the extent of the face amount of such insurance
22-21 policies and bonds all judgments which may be recovered against the
22-22 motor carrier so filing said insurance policies and bonds, based on
22-23 claims for loss or damages from personal injury or loss of, or
22-24 injury to property occurring during the term of said bonds and
22-25 policies and arising out of the actual operation of such motor
22-26 carrier; and such bonds and policies shall also provide for
22-27 successive recoveries to the complete exhaustion of the face amount
23-1 thereof and that such judgments will be paid by the obligor in said
23-2 bonds and insurance policies irrespective of the solvency or
23-3 insolvency of the motor carrier; provided, however, such bonds and
23-4 policies shall not cover personal injuries sustained by the
23-5 servants, agents or employees of such motor carrier. Provided
23-6 further, that in the event the insured shall abandon his permit or
23-7 certificate and leave the state, a claimant, asserting a claim
23-8 within the provisions of said bonds or policies, may file suit
23-9 against the sureties executing such bond or the company issuing
23-10 such policies in a court of competent jurisdiction without the
23-11 necessity of making the insured a party to said suit. Provided,
23-12 however, that the Commission shall not require insurance covering
23-13 loss of or damage to cargo in amount excessive for the class of
23-14 service to be rendered by any motor carrier. Each such motor
23-15 carrier shall, on or before the date of the expiration of the term
23-16 of any policy or bond so filed by him, file a renewal thereof, or
23-17 new bonds or policies containing the same terms and obligations of
23-18 the preceding bonds and policies, and shall each year thereafter on
23-19 or before the expiration date of the existing bonds and policies,
23-20 file such renewal policies and bonds so as to provide continuous
23-21 and unbroken protection to the public having legal claims against
23-22 such motor carrier; and in the event such renewal bonds and
23-23 policies are not so filed, the Commission, after notice to the
23-24 motor carrier, and hearing, may, within its discretion if it shall
23-25 find and determine that the ends of justice will be better
23-26 subserved thereby, cancel such permit or certificate for failure to
23-27 furnish and provide such bonds or insurance as herein required.
24-1 The Commission may accept in lieu of the filing of the original
24-2 policies of insurance, a certificate of insurance, in such form as
24-3 may be prescribed by the Commission, which certificate, when filed
24-4 with the Commission, will bind the obligor thereunder and satisfy
24-5 the requirements of this section as if the original policies of
24-6 insurance had been filed.
24-7 Each motor carrier shall also protect his employees by
24-8 obtaining workers' compensation insurance coverage as defined under
24-9 the Texas Workers' Compensation Act (Article 8308-1.01 et seq.,
24-10 Vernon's Texas Civil Statutes) or accidental insurance coverage in
24-11 an amount fixed by the Commission from a reliable insurance company
24-12 or companies authorized to write such policies in this state
24-13 approved by the Commission.
24-14 SECTION 22. Section 14(a), Chapter 314, Acts of the 41st
24-15 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
24-16 Civil Statutes), is amended to read as follows:
24-17 (a) The Commission shall have the power and authority under
24-18 this Act to hear and determine all applications of motor carriers;
24-19 to determine complaints presented to it by such carrier, by any
24-20 public official, or by any citizen having an interest in the
24-21 subject matter of the complaint, or it may institute and
24-22 investigate any matter pertaining to motor carriers upon its own
24-23 motion. The Commission, or any member thereof, or authorized
24-24 representative or Examiner of the Commission, shall have power to
24-25 compel the attendance of witnesses, swear witnesses, take their
24-26 testimony under oath, make record thereof, and if such record is
24-27 made under the direction of a Commissioner, or authorized
25-1 representative or Examiner of the Commission, a majority of the
25-2 Commission may, upon the record, render judgment as if the case had
25-3 been heard before a majority of the members of the Commission. The
25-4 Commission shall have the power and authority under this Act to do
25-5 and perform all necessary things to carry out the purpose, intent,
25-6 and provisions of this Act in a manner consistent with this Act<,
25-7 whether herein specifically mentioned or not,> and to that end may
25-8 hold hearings at any place in Texas which it may designate.
25-9 SECTION 23. Section 16(h), Chapter 314, Acts of the 41st
25-10 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
25-11 Civil Statutes), is amended to read as follows:
25-12 (h) Except as provided by this Act, any <Any> common
25-13 carrier, motor carrier, his agent, servant or employee who directly
25-14 or indirectly gives to any shipper any rebate, or any shipper, his
25-15 agent, servant or employee who directly or indirectly receives any
25-16 rebate, shall be guilty of a misdemeanor and shall be punished by a
25-17 fine not to exceed Two Hundred ($200.00) Dollars for each offense,
25-18 in any court of competent jurisdiction in this State. It being the
25-19 intention of this Act that such motor carriers shall in every
25-20 instance collect and receive, and the shipper shall pay lawful
25-21 rates and fees established in accordance with this Act<, only the
25-22 rate or fee prescribed or approved by the Commission>.
25-23 SECTION 24. Section 17(a), Chapter 314, Acts of the 41st
25-24 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
25-25 Civil Statutes), is amended to read as follows:
25-26 (a)(1) For the purposes <purpose> of defraying the expense
25-27 of administering this Act and enforcing motor carrier safety
26-1 regulations and hazardous material regulations, every common
26-2 carrier motor carrier now regularly operating, or which shall
26-3 hereafter regularly operate in this state, shall at the time of the
26-4 issuance of a certificate <of convenience and necessity>, unless
26-5 otherwise provided herein, and annually thereafter pay a special
26-6 fee of $20 <ten dollars ($10),> for each motor propelled vehicle
26-7 operated or to be operated by such motor carrier in the carriage of
26-8 property. If the certificate <of convenience and necessity herein
26-9 referred to> is issued after the month established for
26-10 registration, the fee paid shall be prorated to the remaining
26-11 portion of the registration year, but in no case less than
26-12 one-fourth (1/4) the annual fee. In case of an emergency or
26-13 unusual temporary demands for transportation the fee for additional
26-14 motor propelled vehicles for less period shall be fixed by the
26-15 Commission in such reasonable amounts as may be prescribed by
26-16 general rule or temporary order. The Commission shall deposit
26-17 one-half of all special fees collected under this subdivision to
26-18 the credit of the motor carrier safety fund.
26-19 (2) Every application for a certificate of convenience
26-20 and necessity shall be accompanied by a filing fee in the sum of
26-21 $250 <one hundred dollars ($100)>, which fee shall be in addition
26-22 to other fees and taxes and shall be retained by the Commission
26-23 whether the certificate is <of convenience and necessity be>
26-24 granted or not.
26-25 SECTION 25. Section 22a, Chapter 314, Acts of the 41st
26-26 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
26-27 Civil Statutes), is amended to read as follows:
27-1 Sec. 22a. Any certificate <of public convenience and
27-2 necessity> shall be cancelled by the Commission if the owner or
27-3 owners thereof shall in any manner avoid, fail or refuse to pay any
27-4 gasoline or other tax imposed by law on such business.
27-5 SECTION 26. Section 22b, Chapter 314, Acts of the 41st
27-6 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
27-7 Civil Statutes), is amended to read as follows:
27-8 Sec. 22b. Declaration of Policy. The business of operating
27-9 as a motor carrier of property for hire along the highways of this
27-10 State is declared to be a business affected with the public
27-11 interest. The rapid increase of motor carrier traffic, and the
27-12 fact that under existing law many motor trucks are not effectively
27-13 regulated, have increased the dangers and hazards on public
27-14 highways and make it imperative that more stringent regulation
27-15 should be employed, to the end that the highways may be rendered
27-16 safer for the use of the general public; that the wear of such
27-17 highways may be reduced; <that discrimination in rates charged may
27-18 be eliminated; that congestion of traffic on the highways may be
27-19 minimized; that the use of the highways for the transportation of
27-20 property for hire may be restricted to the extent required by the
27-21 necessity of the general public,> and that the various
27-22 transportation agencies of the State may be adjusted and correlated
27-23 so that public highways may serve the best interest of the general
27-24 public.
27-25 SECTION 27. Chapter 314, Acts of the 41st Legislature,
27-26 Regular Session, 1929 (Article 911b, Vernon's Texas Civil
27-27 Statutes), is amended by adding Section 22d to read as follows:
28-1 Sec. 22d. The Commission shall, at the earliest date
28-2 practical after September 1, 1993, investigate all existing
28-3 procedures pertaining to motor carrier entry and rate-making.
28-4 After the investigation the Commission shall establish simplified
28-5 procedures to eliminate delays for carriers and their customers.
28-6 The simplified procedures shall include:
28-7 (1) automatic implementation of a rate on an interim
28-8 basis on the filing of an application to impose that rate; and
28-9 (2) publication of complaints or protests to rate
28-10 applications in appropriate tariff and suspension processes.
28-11 SECTION 28. Section 139(j), Uniform Act Regulating Traffic
28-12 on Highways (Article 6701d, Vernon's Texas Civil Statutes), is
28-13 amended to read as follows:
28-14 (j) A person convicted of a violation of a regulation
28-15 adopted under this section is subject to a civil penalty in an
28-16 amount to be set by the department by rule. The amount may not
28-17 exceed the maximum penalties provided for violations of current
28-18 federal regulations and their subsequent amendments under the
28-19 Hazardous Materials Regulations (49 C.F.R. Parts 101-199) and the
28-20 Federal Motor Carrier Safety Regulations (49 C.F.R. Parts 386 and
28-21 388-399) <not to exceed $200 for each day of noncompliance or for
28-22 each act of noncompliance>. The action may be brought in any court
28-23 of competent jurisdiction in the county in which the violation
28-24 occurred.
28-25 SECTION 29. The following provisions of Chapter 314, Acts of
28-26 the 41st Legislature, Regular Session, 1929 (Article 911b, Vernon's
28-27 Texas Civil Statutes), are repealed effective:
29-1 (1) September 1, 1993: Sections 4(a)(2), (a)(3),
29-2 (a)(4), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9), and (a)(10),
29-3 Section 5a(g), and Section 9;
29-4 (2) September 1, 1994: Section 1(i), Section 1c,
29-5 Section 1d, Section 5a, and Sections 6(d) and (e); and
29-6 (3) September 1, 1995: Section 8.
29-7 SECTION 30. (a) Except as provided by Section 29 of this
29-8 Act and as provided by Subsections (b), (c), and (d) of this
29-9 section, this Act takes effect September 1, 1993.
29-10 (b) Sections 2, 5, 7, and 20 of this Act take effect
29-11 September 1, 1994.
29-12 (c) Sections 8 and 26 of this Act take effect January 1,
29-13 1995.
29-14 (d) Sections 14 and 18 of this Act take effect September 1,
29-15 1995.
29-16 SECTION 31. The importance of this legislation and the
29-17 crowded condition of the calendars in both houses create an
29-18 emergency and an imperative public necessity that the
29-19 constitutional rule requiring bills to be read on three several
29-20 days in each house be suspended, and this rule is hereby suspended.