By:  Bivins, Lucio, West                              S.B. No. 1313
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the regulation of motor carriers; providing penalties.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Section 1, Chapter 314, Acts of the 41st
    1-4  Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
    1-5  Civil Statutes), is amended by amending Subsections (g) and (h) and
    1-6  adding Subsection (k) 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 Act
   1-17  shall not include, and this Act shall not apply to motor vehicles
   1-18  engaged in the transportation of property for compensation or hire
   1-19  between points:
   1-20              (1)  Wholly within any one incorporated city, town or
   1-21  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 performed
    2-2  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 incorporated
    2-7  municipality and any number of incorporated cities, towns and
    2-8  villages which are immediately contiguous to said base
    2-9  municipality.
   2-10        Provided further, that motor carriers authorized to serve any
   2-11  incorporated city, town or village within the areas described in
   2-12  (2), (3), and (4) above, except carriers of commodities in bulk in
   2-13  tank trucks and all specialized motor carriers, may perform service
   2-14  for compensation or hire between all points within the areas
   2-15  described in (2), (3), and (4) above, on the one hand, and, on the
   2-16  other, authorized points beyond such areas without a certificate or
   2-17  permit authorizing service at all points within such areas when
   2-18  such transportation is incident to, or a part of, otherwise
   2-19  regulated transportation performed under a through bill of lading.
   2-20        Provided further, that after notice and public hearing the
   2-21  Railroad Commission of Texas is hereby authorized, except as to
   2-22  operations of carriers of commodities in bulk in tank vehicles and
   2-23  all specialized motor carriers, from time to time and where
   2-24  necessary, to define and prescribe, and where necessary shall
   2-25  prescribe, commercial zones adjacent to and commercially a part of
   2-26  any specified incorporated municipality and within which operations
   2-27  as a motor carrier may be performed without a certificate or permit
    3-1  authorizing same and within which strictly local service wholly
    3-2  within such commercial zone may be performed at rates and charges
    3-3  other than those prescribed by the Commission.  A commercial zone
    3-4  shall consist of one or more whole counties.  A commercial zone in
    3-5  existence on April 1, 1993, that includes only part of a county is
    3-6  hereby enlarged to include all of such county.  The Commission in
    3-7  so determining and prescribing the limits of any commercial zone
    3-8  shall take into consideration its powers and duties otherwise to
    3-9  administer and enforce the Motor Carrier Act considered in the
   3-10  light of the economic facts and conditions involved in each
   3-11  commercial zone or proposed commercial zone, particularly the
   3-12  effect that unregulated transportation for compensation or hire
   3-13  within such zone or proposed zone has had or may have upon fully
   3-14  regulated motor carriers operating in regulated intrastate commerce
   3-15  to, from and within such commercial zone.  The Railroad Commission
   3-16  is empowered to prescribe such rules and regulations for operation
   3-17  of such transportation  as the Commission deems in the public
   3-18  interest.
   3-19        (h)  The term "contract carrier" means any motor carrier as
   3-20  hereinabove defined transporting property for compensation or hire
   3-21  over any highway in this State other than as a common carrier or a
   3-22  specialized motor carrier.
   3-23        (k)  "Truckload quantity" means a single shipment that:
   3-24              (1)  is transported for a single consignor who has
   3-25  exclusive use of the transporting vehicle; and
   3-26              (2)  weighs 25,000 pounds or more or constitutes a
   3-27  capacity load under tariffs, rules, or regulations adopted by the
    4-1  Commission.
    4-2        SECTION 2.  Subdivision (4), Subsection (a), Section 4,
    4-3  Chapter 314, Acts of the 41st Legislature, Regular Session, 1929
    4-4  (Article 911b, Vernon's Texas Civil Statutes), is amended to read
    4-5  as follows:
    4-6              (4)  Notwithstanding any other provision of this Act or
    4-7  any existing Commission regulation, motor carriers other than
    4-8  specialized motor carriers and other than contract carriers subject
    4-9  to Commission-prescribed tariffs governing transportation of
   4-10  specialized commodities shall be permitted to deviate from the
   4-11  prescribed base rate (i) for shipments weighing in excess of 500
   4-12  pounds but less than 10,000 pounds by an amount not to exceed five
   4-13  percent above or below such base rate; <and> (ii) except as
   4-14  provided by Item (iii), for shipments weighing in excess of 10,000
   4-15  pounds by an amount not to exceed 25 <15> percent above or below
   4-16  such base rate; and (iii) for shipments of general commodities in a
   4-17  truckload quantity as authorized under Section 6(c) of this Act by
   4-18  an amount not to exceed 40 percent above or below such base rate;
   4-19  provided, that a carrier or carriers electing to so deviate shall
   4-20  file notice thereof with the Commission.  Such proposed deviation
   4-21  shall become effective five days after filing and receipt by the
   4-22  Commission.  In the event the simplified base rate is thereafter
   4-23  increased or decreased, such increase or decrease shall be applied
   4-24  to any deviation rate published under this subdivision.  Provided,
   4-25  however, that the Commission shall promptly provide notice to the
   4-26  public of any deviation under this subsection and with respect to
   4-27  any such deviation any interested party shall have the right to
    5-1  petition the Commission for suspension of such deviation within 15
    5-2  days of such notice on the grounds that the deviation results in
    5-3  predatory pricing as hereinafter defined.  The deviation shall
    5-4  remain in effect and shall not be suspended unless the Commission,
    5-5  after hearing, shall determine that suspension is warranted and so
    5-6  orders.
    5-7        SECTION 3.  Subdivision (12), Subsection (a), Section 4,
    5-8  Chapter 314, Acts of the 41st Legislature, Regular Session, 1929
    5-9  (Article 911b, Vernon's Texas Civil Statutes), is amended to read
   5-10  as follows:
   5-11              (12)  The Commission is hereby directed to stringently
   5-12  enforce all provisions of this Act so as to promote, encourage, and
   5-13  ensure a safe, dependable, responsive, and adequate transportation
   5-14  system for the public as a whole.  To this end, in addition to all
   5-15  other enforcement penalties and other relief provided in Section 16
   5-16  of this Act, the Commission is hereby granted full power and
   5-17  authority to assess administrative penalties of up to $10,000 for
   5-18  violation of any provision of this Act respecting safety,
   5-19  certificates, or rates or any Commission rule, regulation, or order
   5-20  respecting safety, certificates, or rates, by any motor carrier,
   5-21  shipper, or other person whomsoever.  The Commission may assess
   5-22  against a person an administrative penalty in excess of $10,000 if
   5-23  the Commission finds that the person has knowingly committed
   5-24  multiple violations, in which event the Commission may impose an
   5-25  aggregate penalty of not more than $25,000.  In determining whether
   5-26  a person has knowingly committed multiple violations, the
   5-27  Commission may consider past violations of this Act.  Such
    6-1  administrative penalties may be assessed by the Commission after
    6-2  notice and hearing pursuant to the provisions of the Administrative
    6-3  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
    6-4  Civil Statutes) and shall be cumulative of all other remedies
    6-5  available under this Act.  All administrative penalties so assessed
    6-6  and collected shall be payable to the State Treasury and credited
    6-7  to a fund to be known and designated as the "Motor Carrier Act
    6-8  enforcement fund," which fund is hereby appropriated for use by the
    6-9  Commission and the Department of Public Safety in stringently
   6-10  enforcing the safety, certificate, rate, and other provisions of
   6-11  this Act.
   6-12        SECTION 4.  Section 4, Chapter 314, Acts of the 41st
   6-13  Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
   6-14  Civil Statutes), is amended by adding Subsection (f) to read as
   6-15  follows:
   6-16        (f)(1)  Notwithstanding any other provision of this Act,
   6-17  before granting an application by a disadvantaged business for a
   6-18  certificate, the Commission shall require that the applicant make a
   6-19  prima facie case that it is fit, willing, and able to perform the
   6-20  proposed service and to meet the requirements of this Act and the
   6-21  regulations the Commission adopts under this Act.  If the applicant
   6-22  makes a prima facie case, the Commission shall grant the
   6-23  application unless an opposing party shows that the applicant is
   6-24  not fit, willing, and able to perform the proposed service and to
   6-25  meet the requirements of this Act and the regulations the
   6-26  Commission adopts under this Act.  In making a determination on
   6-27  granting the application, the Commission may not consider evidence
    7-1  presented by an opposing party that:
    7-2                    (A)  does not show that the applicant is not fit,
    7-3  willing, and able to perform the service proposed and to meet the
    7-4  requirements of this Act and the regulations the Commission adopts
    7-5  under this Act;
    7-6                    (B)  shows that an opposing party or another
    7-7  carrier already adequately provides or could adequately provide the
    7-8  proposed service; or
    7-9                    (C)  shows that a complaint has been or will be
   7-10  filed against the applicant for a violation of this Act, unless the
   7-11  complaint is in regard to a safety violation.
   7-12              (2)  An application by a disadvantaged business for a
   7-13  certificate under this subsection takes precedence over all other
   7-14  applications for certificates before the Commission.
   7-15              (3)  A certificate awarded under this subsection may
   7-16  not be transferred to another person for five years after the date
   7-17  the certificate is awarded unless the transferee also qualifies as
   7-18  a disadvantaged business under this subsection.  This limitation
   7-19  applies even if the holder of the certificate seeks to transfer the
   7-20  certificate because the disadvantaged business is unable to
   7-21  maintain financial viability.
   7-22              (4)  Except as provided by Subdivision (5) of this
   7-23  subsection, the Commission shall revoke a certificate awarded under
   7-24  this subsection if the Commission determines that, during the
   7-25  period the transfer of the certificate is restricted under
   7-26  Subdivision (3) of this subsection, the holder of the certificate
   7-27  no longer qualifies as a disadvantaged business.  The Commission
    8-1  shall require a disadvantaged business that is awarded a
    8-2  certificate under this subsection to notify the Commission during
    8-3  the period the transfer of a certificate is restricted under
    8-4  Subdivision (3) of this subsection of each change of ownership of
    8-5  the business the Commission by rule defines as significant.  The
    8-6  Commission may revoke the certificate of a disadvantaged business
    8-7  that fails to provide notice required under this subdivision.
    8-8              (5)  The Commission may not revoke a certificate
    8-9  awarded under this subsection if the holder of the certificate no
   8-10  longer qualifies as a disadvantaged business because of a change in
   8-11  ownership of the business through devise or descent.
   8-12              (6)  In determining whether an applicant qualifies as a
   8-13  disadvantaged business under this subsection, the Commission may
   8-14  consider the actual management or control of the applicant as well
   8-15  as incidents of ownership.  If the Commission determines that an
   8-16  applicant has used any method or device to enable a person or
   8-17  entity that is not a disadvantaged business to qualify for a
   8-18  certificate under this subsection, it shall deny the applicant
   8-19  status as a disadvantaged business under this subsection.
   8-20              (7)  In this subsection, "disadvantaged business"
   8-21  means:
   8-22                    (A)  a corporation formed for the purpose of
   8-23  making a profit in which at least 51 percent of all classes of the
   8-24  shares of stock or other equitable securities are owned by one or
   8-25  more persons who are socially disadvantaged because of their
   8-26  identification as members of certain groups, including African
   8-27  Americans, Hispanic Americans, women, Asian Americans, American
    9-1  Indians, Alaska natives, and Pacific islanders, who have suffered
    9-2  the effects of discriminatory practices or similar insidious
    9-3  circumstances over which they have no control;
    9-4                    (B)  a sole proprietorship for the purpose of
    9-5  making a profit that is 100 percent owned, operated, and controlled
    9-6  by a person described by Paragraph (A) of this subdivision;
    9-7                    (C)  a partnership for the purpose of making a
    9-8  profit in which 51 percent of the assets and interest in the
    9-9  partnership is owned by one or more persons described by Paragraph
   9-10  (A) of this subdivision who have a proportionate interest in the
   9-11  control, operation, and management of the partnership's affairs; or
   9-12                    (D)  a joint venture in which each entity in the
   9-13  joint venture is a disadvantaged business under this subdivision.
   9-14        SECTION 5.  Chapter 314, Acts of the 41st Legislature,
   9-15  Regular Session, 1929 (Article 911b, Vernon's Texas Civil
   9-16  Statutes), is amended by adding Section 4a to read as follows:
   9-17        Sec. 4a.  (a)  A motor carrier or other interested person may
   9-18  apply to establish rates, charges, and other provisions for
   9-19  transportation services the carrier is authorized to perform under
   9-20  this Act.  The Commission shall prescribe the form of the
   9-21  application.
   9-22        (b)  The application must require the applicant to identify
   9-23  the proposed rate, charge, or other provision to be established but
   9-24  may not require a justification for the change based on cost.
   9-25        (c)  The Commission shall promptly provide notice to the
   9-26  public of the proposed rate, charge, or other provision in a weekly
   9-27  publication.
   10-1        (d)  Not later than the 10th day after the date the notice is
   10-2  published under Subsection (c) of this section, an interested party
   10-3  may petition the Commission to suspend the proposed rate, charge,
   10-4  or other provision.
   10-5        (e)  If an interested party does not file a suspension
   10-6  petition under Subsection (d) of this section within the period
   10-7  required by that subsection, notwithstanding any other provision of
   10-8  law, the proposed rate, charge, or other provision takes effect on
   10-9  the 15th day after the date notice is published under Subsection
  10-10  (c) of this section without a hearing or an order of the
  10-11  Commission.  The Commission shall publish notice of a proposed
  10-12  rate, charge, or other provision that takes effect under this
  10-13  subsection as soon as practical after its effective date.
  10-14        (f)  If a suspension petition is filed as provided by
  10-15  Subsection (d) of this section, the proposed rate, charge, or other
  10-16  provision does not take effect automatically, the Commission shall
  10-17  consider the application for the proposed rate, charge, or other
  10-18  provision in the manner otherwise provided by this Act, and the
  10-19  applicant has the burden of proving that the proposed rate, charge,
  10-20  or other provision is just, reasonable, and compensatory.
  10-21        (g)  Not later than the 30th day after the date the notice is
  10-22  published under Subsection (c) of this section, the Commission
  10-23  shall conduct a hearing and enter an interim order suspending or
  10-24  affirming a proposed rate, charge, or other provision for which a
  10-25  suspension petition has been filed as provided by Subsection (d) of
  10-26  this section.
  10-27        SECTION 6.  Subsection (d), Section 5a, Chapter 314, Acts of
   11-1  the 41st Legislature, Regular Session, 1929 (Article 911b, Vernon's
   11-2  Texas Civil Statutes), is amended to read as follows:
   11-3        (d)  Before any such application shall be granted, the
   11-4  Commission shall hear, consider and determine said application in
   11-5  accordance with Subsection (e) of Section 4 and Sections 8, 9, 11,
   11-6  12, 13, 13a, 14, and 15 of this Act <Chapter 277, Acts of the
   11-7  Forty-first Legislature, Regular Session, as amended (Article 911b,
   11-8  Revised Civil Statutes of the State of Texas, 1925, as amended)>,
   11-9  and if the Commission shall find any such applicant entitled
  11-10  thereto, it shall issue a certificate hereunder on such terms and
  11-11  conditions as is justified by the facts; otherwise said application
  11-12  shall be denied.  In the event an applicant meets the requirements
  11-13  of Subsection (e) of Section 4, as well as other requirements of
  11-14  this Act <Article 911b>, the Commission shall grant any application
  11-15  for a certificate of convenience and necessity authorizing
  11-16  operation as a "Specialized Motor Carrier" or any other common
  11-17  carrier unless it is established by the substantial evidence of
  11-18  record considered as a whole that (1) the services and facilities
  11-19  of the existing carriers serving the territory or any part thereof
  11-20  are adequate; or (2) there does not exist a public necessity for
  11-21  such service, or (3) the public convenience will not be promoted by
  11-22  granting said application.  The order of the Commission granting or
  11-23  denying said application and the certificate issued thereunder
  11-24  shall be void unless the Commission shall set forth in its order
  11-25  full and complete findings of fact on the issues of adequacy of the
  11-26  services and facilities of the existing carriers, and the public
  11-27  need for the proposed service.  Likewise, the Commission shall have
   12-1  no authority to grant any contract carrier application for the
   12-2  transportation of any commodities other than a general commodity in
   12-3  a truckload quantity authorized under Subsection (c) of Section 6
   12-4  of this Act in any territory or between any points where it is
   12-5  established by substantial evidence in the record as a whole that
   12-6  the existing carriers are rendering<, or are capable of rendering,>
   12-7  a reasonably adequate service in the transportation of such
   12-8  commodities.
   12-9        SECTION 7.  Subsection (c), Section 6, Chapter 314, Acts of
  12-10  the 41st Legislature, Regular Session, 1929 (Article 911b, Vernon's
  12-11  Texas Civil Statutes), is amended to read as follows:
  12-12        (c)  No application for permit shall be granted by the
  12-13  Commission until after a hearing nor shall any such permit be
  12-14  granted if the Commission shall be of the opinion that the proposed
  12-15  operation of any such contract carrier will impair the efficient
  12-16  public service of any authorized common carrier or common carriers
  12-17  then adequately serving the same territory.  A contract carrier who
  12-18  proposes to transport a general commodity in a truckload quantity
  12-19  does not impair the efficient public service of any other
  12-20  authorized carrier.  For purposes of this subsection, "general
  12-21  commodity" means a commodity other than:
  12-22              (1)  a commodity that requires temperature control; or
  12-23              (2)  a commodity for which a specialized motor carrier
  12-24  is required for transportation under Section 1(i) of this Act.
  12-25        SECTION 8.  Effective January 1, 1994, Subsection (c),
  12-26  Section 6, Chapter 314, Acts of the 41st Legislature, Regular
  12-27  Session, 1929 (Article 911b, Vernon's Texas Civil Statutes), is
   13-1  amended to read as follows:
   13-2        (c)(1)  The Commission shall grant an application for a
   13-3  permit to transport a general commodity in a truckload quantity if
   13-4  the Commission finds that:
   13-5                    (A)  the applicant has presented sufficient
   13-6  evidence that the applicant has entered or will enter an eligible
   13-7  contract with the party the applicant proposes to serve; and
   13-8                    (B)  the applicant is fit, willing, and able to
   13-9  perform the proposed services and to meet the requirements of this
  13-10  Act and the regulations the Commission adopts under this Act.
  13-11              (2)  Evidence that the applicant and the party the
  13-12  applicant proposes to serve have a contractual relationship for
  13-13  interstate or local transportation service is sufficient for the
  13-14  Commission to determine that the parties intend to enter a contract
  13-15  necessary for a permit under this subsection.  The Commission may
  13-16  give consideration to information relating to the fitness of the
  13-17  applicant or the applicant's ability to meet requisite safety
  13-18  standards.
  13-19              (3)  A motor carrier that is not a party to the
  13-20  application proceeding may not present evidence at the proceeding.
  13-21  A motor carrier does not have standing to protest the issuance of a
  13-22  permit under this subsection unless the protesting motor carrier
  13-23  shows that it has generated at least $25,000 in annual intrastate
  13-24  revenue from the party the applicant proposes to serve during each
  13-25  of the two years preceding the date of filing of the application.
  13-26              (4)  To have a permit granted under this subsection, an
  13-27  applicant must make a prima facie showing that it can meet the
   14-1  requirements in Subdivision (1) of this subsection.  If the
   14-2  applicant makes a prima facie showing, the Commission shall grant
   14-3  the permit unless a protesting motor carrier shows that the
   14-4  applicant is unable to meet the requirements of Subdivision (1) of
   14-5  this subsection.
   14-6              (5)  The Commission may not limit the number of parties
   14-7  or eligible contracts to be served under a permit issued under this
   14-8  subsection.
   14-9              (6)  In this subsection, "eligible contract" means a
  14-10  valid contract to provide services for compensation in an amount
  14-11  not less than the lesser of:
  14-12                    (A)  $12,000 a year; or
  14-13                    (B)  an amount for a year the Commission adopts
  14-14  by rule.
  14-15              (7)  For purposes of this subsection, "general
  14-16  commodity" means a commodity other than:
  14-17                    (A)  a commodity that requires temperature
  14-18  control; or
  14-19                    (B)  a commodity for which a specialized motor
  14-20  carrier is required for transportation under Section 1(i) of this
  14-21  Act.  <No application for permit shall be granted by the Commission
  14-22  until after a hearing nor shall any such permit be granted if the
  14-23  Commission shall be of the opinion that the proposed operation of
  14-24  any such contract carrier will impair the efficient public service
  14-25  of any authorized common carrier or common carriers then adequately
  14-26  serving the same territory.>
  14-27        SECTION 9.  Section 6aa, Chapter 314, Acts of the 41st
   15-1  Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
   15-2  Civil Statutes), is amended to read as follows:
   15-3        Sec. 6aa.  The Commission is hereby vested with power and
   15-4  authority and it is hereby made its duty to prescribe rules and
   15-5  regulations covering the operation of contract carriers in
   15-6  competition with common carriers over the highways of this State
   15-7  and the Commission shall prescribe minimum rates, fares and charges
   15-8  to be collected by such contract carriers which shall not be less
   15-9  than the rates prescribed for common carriers for substantially the
  15-10  same service.  A contract carrier that holds a permit to transport
  15-11  a general commodity in a truckload quantity is subject to the rates
  15-12  established under Section 4(a)(4) of this Act.
  15-13        SECTION 10.  Chapter 314, Acts of the 41st Legislature,
  15-14  Regular Session, 1929 (Article 911b, Vernon's Texas Civil
  15-15  Statutes), is amended by adding Section 6a to read as follows:
  15-16        Sec. 6a.  (a)  After making a delivery of a specialized
  15-17  commodity, a specialized motor carrier that holds a permit to
  15-18  transport a specialized commodity may transport on its return trip
  15-19  any specialized commodity, or other commodity the Commission by
  15-20  rule permits, without seeking additional authority from the
  15-21  Commission to transport the specialized commodity or other
  15-22  commodity if:
  15-23              (1)  the motor carrier uses:
  15-24                    (A)  a flatbed-type vehicle; or
  15-25                    (B)  any other type of vehicle the Commission by
  15-26  rule determines is suitable for transporting the specialized
  15-27  commodity or other commodity; and
   16-1              (2)  the transportation occurs on a route each point of
   16-2  which is within 75 miles of a point on the route that the
   16-3  specialized motor carrier used to make the initial transport of the
   16-4  specialized commodity.
   16-5        (b)  Not later than January 1, 1995, the Commission shall
   16-6  review all existing rates and charges for transportation allowed
   16-7  under this section and adjust the rates and charges under Section
   16-8  4(a)(1) of this Act to reflect the increased efficiency and savings
   16-9  in cost obtained by using the authority granted under this section.
  16-10  The Commission shall consider the aggregate revenues earned by
  16-11  carriers transporting goods in both directions under this section
  16-12  in setting rates for shipments of specialized commodities and other
  16-13  commodities allowed to be transported under this section.
  16-14        (c)  In this section, "specialized commodity" means a
  16-15  commodity for which a specialized motor carrier is required for
  16-16  transportation under Section 1(i) of this Act.
  16-17        SECTION 11.  Section 14, Chapter 314, Acts of the 41st
  16-18  Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
  16-19  Civil Statutes), is amended by amending Subsection (b) and adding
  16-20  Subsections (c) and (d) to read as follows:
  16-21        (b)  To expedite the hearing and disposition of applications,
  16-22  the Examiner or authorized representative of the Commission shall
  16-23  have authority under orders of the Commission to hear applications
  16-24  which may be assigned to him by the Commission.  After<; after> the
  16-25  hearing of an application has been concluded by such representative
  16-26  or Examiner, the representative or Examiner and the Commission
  16-27  shall follow the timetable provided by Subsection (c) of this
   17-1  section <it shall be his duty promptly to make a written report to
   17-2  the Commission recommending disposition of said application.  Such
   17-3  report and recommendation shall be accompanied by a brief narrative
   17-4  statement of the evidence, and shall contain such other information
   17-5  as such representative or Examiner may think advisable, or as may
   17-6  be required by the Commission>.  Unless required by the Commission,
   17-7  it shall not be necessary for the reporter to transcribe said
   17-8  evidence in full, but it shall be sufficient to make a brief
   17-9  narrative statement giving the correct summary of such evidence;
  17-10  provided, however, the Commission shall have the authority to
  17-11  require said evidence, or any part thereof, to be transcribed in
  17-12  full if deemed advisable or necessary.
  17-13        (c)(1)  The representative or Examiner shall, not later than
  17-14  the seventh day after the concluding date of the hearing, notify
  17-15  each party of the representative's or Examiner's proposed decision.
  17-16  Not later than the 30th day after the concluding date of the
  17-17  hearing, the representative or Examiner shall submit a written
  17-18  proposal for a decision to the Commission.
  17-19              (2)  Notwithstanding any provision of law to the
  17-20  contrary, the Commission shall render its final decision not later
  17-21  than the 120th day after the concluding date of the hearing.
  17-22              (3)  On the written agreement of all parties the
  17-23  Commission may extend the deadline provided by Subdivision (2) of
  17-24  this subsection by not more than 60 days.
  17-25              (4)  A party to a hearing under this section may
  17-26  enforce the deadlines imposed by this subsection through a writ of
  17-27  mandamus or other appropriate equitable relief.
   18-1        (d)  The Commission shall adopt rules to require employees of
   18-2  the Commission to grant an application for a certificate of public
   18-3  convenience and necessity or a permit filed under any section of
   18-4  this Act without a hearing, a formal presentation to the
   18-5  Commission, or an order of the Commission not later than the 10th
   18-6  day after the date:
   18-7              (1)  the period for protesting an application expires
   18-8  if no party has filed a protest to the issuance of the certificate
   18-9  or permit within the applicable period provided by this Act; or
  18-10              (2)  of withdrawal of a protest by the last party
  18-11  protesting the issuance of a certificate or permit.
  18-12        SECTION 12.  Subsections (g), (j), and (k), Section 139,
  18-13  Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
  18-14  Texas Civil Statutes), are amended to read as follows:
  18-15        (g)(1)  Any officer of the Texas Department of Public Safety
  18-16  may enter or detain any motor vehicle on any street or highway
  18-17  subject to this section or to any regulation adopted by the
  18-18  Director in accordance with this section.  In addition, any officer
  18-19  or employee of the Texas Department of Public Safety certified for
  18-20  this purpose by the Director may enter the premises of a motor
  18-21  carrier to inspect lands, buildings, and equipment and copy or
  18-22  verify the correctness of any records, reports, or other documents
  18-23  required to be kept or made pursuant to the regulations adopted by
  18-24  the Director under this section.  The Department may conduct the
  18-25  inspection at a reasonable time on stating the purpose and
  18-26  presenting to the motor carrier appropriate credentials and a
  18-27  written statement to the carrier from the Department of the
   19-1  officer's or employee's inspection authority.
   19-2              (2)  A person commits an offense if the person fails to
   19-3  permit an inspection authorized by this subsection.  An offense
   19-4  under this subsection is a Class C misdemeanor.
   19-5              (3)  In addition to the penalty provided by Subdivision
   19-6  (2) of this subsection, a person who fails to permit an inspection
   19-7  under this subsection is liable to the state in an amount not to
   19-8  exceed $1,000.  The attorney general may bring suit to collect the
   19-9  penalty provided by this subdivision in a court in the county in
  19-10  which the violation is alleged to have occurred or in Travis
  19-11  County.
  19-12        (j)  A person who violates this section or <convicted of a
  19-13  violation of> a regulation adopted under this section is subject to
  19-14  an administrative <a civil> penalty in an amount to be set by the
  19-15  Railroad Commission of Texas by rule.  The amount may not exceed
  19-16  the maximum penalties provided for violations of current federal
  19-17  regulations and their subsequent amendments under the Hazardous
  19-18  Materials Regulations (49 C.F.R. Parts 101-199) and the Federal
  19-19  Motor Carrier Safety Regulations (49 C.F.R. Parts 386 and 388-399).
  19-20  The commission shall administer the penalty in the same manner as
  19-21  provided by Section 4(a)(12), Chapter 314, Acts of the 41st
  19-22  Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
  19-23  Civil Statutes) <not to exceed $200 for each day of noncompliance
  19-24  or for each act of noncompliance.  The action may be brought in any
  19-25  court of competent jurisdiction in the county in which the
  19-26  violation occurred>.
  19-27        (k)  A penalty recovered in a suit or an administrative
   20-1  proceeding brought under this section shall be deposited to the
   20-2  credit of the Motor Carrier Act enforcement <state highway> fund.
   20-3        SECTION 13.  Section 6bb, Chapter 314, Acts of the 41st
   20-4  Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
   20-5  Civil Statutes), is repealed.
   20-6        SECTION 14.  (a)  The changes in law made by Sections 3 and
   20-7  12 of this Act apply only to an offense or a violation committed on
   20-8  or after the effective date of this Act.  For purposes of this
   20-9  section, an offense or violation is committed before the effective
  20-10  date of this Act if any element of the offense or violation occurs
  20-11  before that date.
  20-12        (b)  An offense or violation committed before the effective
  20-13  date of this Act is governed by the law in effect when the offense
  20-14  or violation was committed, and the former law is continued in
  20-15  effect for this purpose.
  20-16        SECTION 15.  On the effective date of this Act, a commercial
  20-17  zone that was created by the Railroad Commission of Texas under
  20-18  Subsection (g), Section 1, Chapter 314, Acts of the 41st
  20-19  Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
  20-20  Civil Statutes), that exists on that date, and that contains a
  20-21  portion of a county is reconfigured to include the remainder of
  20-22  each county partially contained in the zone.
  20-23        SECTION 16.  (a)  Except as provided by Subsection (b) of
  20-24  this section, this Act takes effect September 1, 1993.
  20-25        (b)  Section 8 of this Act takes effect January 1, 1994.
  20-26        SECTION 17.  The importance of this legislation and the
  20-27  crowded condition of the calendars in both houses create an
   21-1  emergency and an imperative public necessity that the
   21-2  constitutional rule requiring bills to be read on three several
   21-3  days in each house be suspended, and this rule is hereby suspended.