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.