By: Bivins S.B. No. 1313
73R7651 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of motor carriers; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1, Chapter 314, Acts of the 41st
1-5 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
1-6 Civil Statutes), is amended by amending Subsections (g) and (h) and
1-7 adding Subsection (k) to read as follows:
1-8 (g) The term "motor carrier" means any person, firm,
1-9 corporation, company, copartnership, association or joint stock
1-10 association, and their lessees, receivers, or trustees appointed by
1-11 any court whatsoever owning, controlling, managing, operating, or
1-12 causing to be operated any motor-propelled vehicle used in
1-13 transporting property for compensation or hire over any public
1-14 highway in this state, where in the course of such transportation a
1-15 highway between two or more incorporated cities, towns or villages
1-16 is traversed.
1-17 Provided, that the term "motor carrier" as used in this
1-18 Act shall not include, and this Act shall not apply to motor
1-19 vehicles engaged in the transportation of property for compensation
1-20 or hire between points:
1-21 (1) Wholly within any one incorporated city,
1-22 town or village;
1-23 (2) Wholly within an incorporated city, town or
1-24 village and all areas, incorporated or unincorporated, wholly
2-1 surrounded by such city, town or village;
2-2 (3) So situated that the transportation is
2-3 performed wholly within an incorporated and immediately adjacent
2-4 unincorporated area without operating within or through the
2-5 corporate limits of more than a single incorporated city, town or
2-6 village, except to the extent provided in (2) above; or
2-7 (4) Wholly within the limits of a base
2-8 incorporated municipality and any number of incorporated cities,
2-9 towns and villages which are immediately contiguous to said base
2-10 municipality.
2-11 Provided further, that motor carriers authorized to
2-12 serve any incorporated city, town or village within the areas
2-13 described in (2), (3), and (4) above, except carriers of
2-14 commodities in bulk in tank trucks and all specialized motor
2-15 carriers, may perform service for compensation or hire between all
2-16 points within the areas described in (2), (3), and (4) above, on
2-17 the one hand, and, on the other, authorized points beyond such
2-18 areas without a certificate or permit authorizing service at all
2-19 points within such areas when such transportation is incident to,
2-20 or a part of, otherwise regulated transportation performed under a
2-21 through bill of lading.
2-22 Provided further, that after notice and public hearing
2-23 the Railroad Commission of Texas is hereby authorized, except as to
2-24 operations of carriers of commodities in bulk in tank vehicles and
2-25 all specialized motor carriers, from time to time and where
2-26 necessary, to define and prescribe, and where necessary shall
2-27 prescribe, commercial zones adjacent to and commercially a part of
3-1 any specified incorporated municipality and within which operations
3-2 as a motor carrier may be performed without a certificate or permit
3-3 authorizing same and within which strictly local service wholly
3-4 within such commercial zone may be performed at rates and charges
3-5 other than those prescribed by the Commission. A commercial zone
3-6 shall consist of one or more whole counties. The Commission in so
3-7 determining and prescribing the limits of any commercial zone shall
3-8 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
3-20 carrier as hereinabove defined transporting property for
3-21 compensation or hire over any highway in this State other than as a
3-22 common carrier or a 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 regulations adopted by the commission.
4-1 SECTION 2. Section 4(a)(4), Chapter 314, Acts of the 41st
4-2 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
4-3 Civil Statutes), is amended to read as follows:
4-4 (4) Notwithstanding any other provision of this Act or
4-5 any existing Commission regulation, motor carriers other than
4-6 specialized motor carriers and other than contract carriers subject
4-7 to Commission-prescribed tariffs governing transportation of
4-8 specialized commodities shall be permitted to deviate from the
4-9 prescribed base rate (i) for shipments weighing in excess of 500
4-10 pounds but less than 10,000 pounds by an amount not to exceed five
4-11 percent above or below such base rate; <and> (ii) except as
4-12 provided by Item (iii), for shipments weighing in excess of 10,000
4-13 pounds by an amount not to exceed 25 <15> percent above or below
4-14 such base rate; and (iii) for shipments of general commodities in a
4-15 truckload quantity as authorized under Section 6(c) of this Act by
4-16 an amount not to exceed 40 percent above or below such base rate;
4-17 provided, that a carrier or carriers electing to so deviate shall
4-18 file notice thereof with the Commission. Such proposed deviation
4-19 shall become effective five days after filing and receipt by the
4-20 Commission. In the event the simplified base rate is thereafter
4-21 increased or decreased, such increase or decrease shall be applied
4-22 to any deviation rate published under this subdivision. Provided,
4-23 however, that the Commission shall promptly provide notice to the
4-24 public of any deviation under this subsection and with respect to
4-25 any such deviation any interested party shall have the right to
4-26 petition the Commission for suspension of such deviation within 15
4-27 days of such notice on the grounds that the deviation results in
5-1 predatory pricing as hereinafter defined. The deviation shall
5-2 remain in effect and shall not be suspended unless the Commission,
5-3 after hearing, shall determine that suspension is warranted and so
5-4 orders.
5-5 SECTION 3. Section 4(a)(12), Chapter 314, Acts of the 41st
5-6 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
5-7 Civil Statutes), is amended to read as follows:
5-8 (12) The Commission is hereby directed to stringently
5-9 enforce all provisions of this Act so as to promote, encourage, and
5-10 ensure a safe, dependable, responsive, and adequate transportation
5-11 system for the public as a whole. To this end, in addition to all
5-12 other enforcement penalties and other relief provided in Section 16
5-13 of this Act, the Commission is hereby granted full power and
5-14 authority to assess administrative penalties of up to $10,000 for
5-15 violation of any provision of this Act respecting safety,
5-16 certificates, or rates or any Commission rule, regulation, or order
5-17 respecting safety, certificates, or rates, by any motor carrier,
5-18 shipper, or other person whomsoever. The Commission may assess
5-19 against a person an administrative penalty in excess of $10,000 if
5-20 the Commission finds that the person has knowingly committed
5-21 multiple violations, in which event the Commission may impose an
5-22 aggregate penalty of not more than $25,000. In determining whether
5-23 a person has knowingly committed multiple violations, the
5-24 Commission may consider past violations of this Act. Such
5-25 administrative penalties may be assessed by the Commission after
5-26 notice and hearing pursuant to the provisions of the Administrative
5-27 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
6-1 Civil Statutes) and shall be cumulative of all other remedies
6-2 available under this Act. All administrative penalties so assessed
6-3 and collected shall be payable to the State Treasury and credited
6-4 to a fund to be known and designated as the "Motor Carrier Act
6-5 enforcement fund," which fund is hereby appropriated for use by the
6-6 Commission and the Department of Public Safety in stringently
6-7 enforcing the safety, certificate, rate, and other provisions of
6-8 this Act.
6-9 SECTION 4. Section 4, Chapter 314, Acts of the 41st
6-10 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
6-11 Civil Statutes), is amended by adding Subsection (f) to read as
6-12 follows:
6-13 (f)(1) Notwithstanding any other provision of this Act,
6-14 before granting an application by a disadvantaged business for a
6-15 certificate, the Commission shall require that the applicant make a
6-16 prima facie case that it can provide the service proposed in
6-17 conformity with this Act. If the applicant makes a prima facie
6-18 case, the Commission shall grant the application unless an opposing
6-19 party shows that the applicant is not able to provide the service
6-20 proposed in conformity with this Act. In making a determination on
6-21 granting the application, the Commission may not consider evidence
6-22 presented by an opposing party that:
6-23 (A) does not show that the applicant is unable
6-24 to provide the service proposed in conformity with this Act;
6-25 (B) shows that an opposing party or another
6-26 carrier already adequately provides or could adequately provide the
6-27 proposed service; or
7-1 (C) shows that a complaint has been or will be
7-2 filed against the applicant for a violation of this Act, unless the
7-3 complaint is in regard to a safety violation.
7-4 (2) An application by a disadvantaged business for a
7-5 certificate under this subsection takes precedence over all other
7-6 applications for certificates before the Commission.
7-7 (3) A certificate awarded under this subsection may
7-8 not be transferred to another person for five years after the date
7-9 the certificate is awarded unless the transferee also qualifies as
7-10 a disadvantaged business under this subsection. This limitation
7-11 applies even if the holder of the certificate seeks to transfer the
7-12 certificate because the disadvantaged business is unable to
7-13 maintain financial viability.
7-14 (4) Except as provided by Subdivision (5) of this
7-15 subsection, the Commission shall revoke a certificate awarded under
7-16 this subsection if the Commission determines that, during the
7-17 period the transfer of the certificate is restricted under
7-18 Subdivision (3) of this subsection, the holder of the certificate
7-19 no longer qualifies as a disadvantaged business. The Commission
7-20 shall require a disadvantaged business that is awarded a
7-21 certificate under this subsection to notify the Commission during
7-22 the period the transfer of a certificate is restricted under
7-23 Subdivision (3) of this subsection of each change of ownership of
7-24 the business the Commission by rule defines as significant. The
7-25 Commission may revoke the certificate of a disadvantaged business
7-26 that fails to provide notice required under this subdivision.
7-27 (5) The Commission may not revoke a certificate
8-1 awarded under this subsection if the holder of the certificate no
8-2 longer qualifies as a disadvantaged business because of a change in
8-3 ownership of the business through devise or descent.
8-4 (6) In determining whether an applicant qualifies as a
8-5 disadvantaged business under this subsection, the Commission may
8-6 consider the actual management or control of the applicant as well
8-7 as incidents of ownership. If the Commission determines that an
8-8 applicant has used any method or device to enable a person or
8-9 entity that is not a disadvantaged business to qualify for a
8-10 certificate under this subsection, it shall deny the applicant
8-11 status as a disadvantaged business under this subsection.
8-12 (7) In this subsection, "disadvantaged business"
8-13 means:
8-14 (A) a corporation formed for the purpose of
8-15 making a profit in which at least 51 percent of all classes of the
8-16 shares of stock or other equitable securities are owned by one or
8-17 more persons who are socially disadvantaged because of their
8-18 identification as members of certain groups, including African
8-19 Americans, Hispanic Americans, women, Asian Americans, American
8-20 Indians, Alaska natives, and Pacific islanders, who have suffered
8-21 the effects of discriminatory practices or similar insidious
8-22 circumstances over which they have no control;
8-23 (B) a sole proprietorship for the purpose of
8-24 making a profit that is 100 percent owned, operated, and controlled
8-25 by a person described by Paragraph (A) of this subdivision;
8-26 (C) a partnership for the purpose of making a
8-27 profit in which 51 percent of the assets and interest in the
9-1 partnership is owned by one or more persons described by Paragraph
9-2 (A) of this subdivision who have a proportionate interest in the
9-3 control, operation, and management of the partnership's affairs; or
9-4 (D) a joint venture in which each entity in the
9-5 joint venture is a disadvantaged business under this subdivision.
9-6 SECTION 5. Chapter 314, Acts of the 41st Legislature,
9-7 Regular Session, 1929 (Article 911b, Vernon's Texas Civil
9-8 Statutes), is amended by adding Section 4A to read as follows:
9-9 Sec. 4A. (a) A motor carrier or other interested person may
9-10 apply to establish rates, charges, and other provisions for
9-11 transportation services the carrier is authorized to perform under
9-12 this Act. The Commission shall prescribe the form of the
9-13 application.
9-14 (b) The application must require the applicant to identify
9-15 the proposed rate, charge, or other provision to be established but
9-16 may not require a justification for the change based on cost.
9-17 (c) The Commission shall promptly provide notice to the
9-18 public of the proposed rate, charge, or other provision in a weekly
9-19 publication.
9-20 (d) Not later than the 10th day after the date the notice is
9-21 published under Subsection (c) of this section, an interested party
9-22 may petition the Commission to suspend the proposed rate, charge,
9-23 or other provision.
9-24 (e) If an interested party does not file a suspension
9-25 petition under Subsection (d) of this section within the period
9-26 required by that subsection, notwithstanding any other provision of
9-27 law, the proposed rate, charge, or other provision takes effect on
10-1 the 15th day after the date notice is published under Subsection
10-2 (c) of this section without a hearing or an order of the
10-3 Commission. The Commission shall publish notice of a proposed
10-4 rate, charge, or other provision that takes effect under this
10-5 subsection as soon as practical after its effective date.
10-6 (f) If a suspension petition is filed as provided by
10-7 Subsection (d) of this section, the proposed rate, charge, or other
10-8 provision does not take effect automatically, the Commission shall
10-9 consider the application for the proposed rate, charge, or other
10-10 provision in the manner otherwise provided by this Act, and the
10-11 applicant has the burden of proving that the proposed rate, charge,
10-12 or other provision is just, reasonable, and compensatory.
10-13 (g) Not later than the 30th day after the date the notice is
10-14 published under Subsection (c) of this section, the Commission
10-15 shall conduct a hearing and enter an order suspending or affirming
10-16 a proposed rate, charge, or other provision for which a suspension
10-17 petition has been filed as provided by Subsection (d) of this
10-18 section.
10-19 SECTION 6. Section 5a(d), Chapter 314, Acts of the 41st
10-20 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
10-21 Civil Statutes), is amended to read as follows:
10-22 (d) Before any such application shall be granted, the
10-23 Commission shall hear, consider and determine said application in
10-24 accordance with Subsection (e) of Section 4 and Sections 8, 9, 11,
10-25 12, 13, 13a, 14, and 15 of this Act <Chapter 277, Acts of the
10-26 Forty-first Legislature, Regular Session, as amended (Article 911b,
10-27 Revised Civil Statutes of the State of Texas, 1925, as amended)>,
11-1 and if the Commission shall find any such applicant entitled
11-2 thereto, it shall issue a certificate hereunder on such terms and
11-3 conditions as is justified by the facts; otherwise said application
11-4 shall be denied. In the event an applicant meets the requirements
11-5 of Subsection (e) of Section 4, as well as other requirements of
11-6 this Act <Article 911b>, the Commission shall grant any application
11-7 for a certificate of convenience and necessity authorizing
11-8 operation as a "Specialized Motor Carrier" or any other common
11-9 carrier unless it is established by the substantial evidence of
11-10 record considered as a whole that (1) the services and facilities
11-11 of the existing carriers serving the territory or any part thereof
11-12 are adequate; or (2) there does not exist a public necessity for
11-13 such service, or (3) the public convenience will not be promoted by
11-14 granting said application. The order of the Commission granting or
11-15 denying said application and the certificate issued thereunder
11-16 shall be void unless the Commission shall set forth in its order
11-17 full and complete findings of fact on the issues of adequacy of the
11-18 services and facilities of the existing carriers, and the public
11-19 need for the proposed service. Likewise, the Commission shall have
11-20 no authority to grant any contract carrier application for the
11-21 transportation of any commodities other than a general commodity in
11-22 a truckload quantity authorized under Section 6(c) of this Act in
11-23 any territory or between any points where it is established by
11-24 substantial evidence in the record as a whole that the existing
11-25 carriers are rendering<, or are capable of rendering,> a reasonably
11-26 adequate service in the transportation of such commodities.
11-27 SECTION 7. Section 6(c), Chapter 314, Acts of the 41st
12-1 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
12-2 Civil Statutes), is amended to read as follows:
12-3 (c) No application for permit shall be granted by the
12-4 Commission until after a hearing nor shall any such permit be
12-5 granted if the Commission shall be of the opinion that the proposed
12-6 operation of any such contract carrier will impair the efficient
12-7 public service of any authorized common carrier or common carriers
12-8 then adequately serving the same territory. A contract carrier who
12-9 proposes to transport a general commodity in a truckload quantity
12-10 does not impair the efficient public service of any other
12-11 authorized carrier. For purposes of this subsection, "general
12-12 commodity" means a commodity other than:
12-13 (1) a commodity that requires temperature control; or
12-14 (2) a commodity for which a specialized motor carrier
12-15 is required for transportation under Section 1(i) of this Act.
12-16 SECTION 8. Effective January 1, 1994, Section 6(c), Chapter
12-17 314, Acts of the 41st Legislature, Regular Session, 1929 (Article
12-18 911b, Vernon's Texas Civil Statutes), is amended to read as
12-19 follows:
12-20 (c)(1) The Commission shall grant an application for a
12-21 permit to transport a general commodity in a truckload quantity if
12-22 the Commission finds that:
12-23 (A) the applicant has presented sufficient
12-24 evidence that the applicant has entered or will enter an eligible
12-25 contract with the party the applicant proposes to serve; and
12-26 (B) the applicant is fit, willing, and able to
12-27 perform the proposed services and to meet the requirements of this
13-1 Act and the regulations the Commission adopts under this Act.
13-2 (2) Evidence that the applicant and the party the
13-3 applicant proposes to serve have a contractual relationship for
13-4 interstate or local transportation service is sufficient for the
13-5 Commission to determine that the parties intend to enter a contract
13-6 necessary for a permit under this subsection. The Commission may
13-7 give consideration to information relating to the fitness of the
13-8 applicant or the applicant's ability to meet requisite safety
13-9 standards.
13-10 (3) A motor carrier that is not a party to the
13-11 application proceeding may not present evidence at the proceeding.
13-12 A motor carrier does not have standing to protest the issuance of a
13-13 permit under this subsection unless the protesting motor carrier
13-14 shows that it has generated at least $25,000 in annual intrastate
13-15 revenue from the party the applicant proposes to serve during each
13-16 of the two years preceding the date of filing of the application.
13-17 (4) To have a permit granted under this subsection, an
13-18 applicant must make a prima facie showing that it can meet the
13-19 requirements in Subdivision (1) of this subsection. If the
13-20 applicant makes a prima facie showing, the Commission shall grant
13-21 the permit unless a protesting motor carrier shows that the
13-22 applicant is unable to meet the requirements of Subdivision (1) of
13-23 this subsection.
13-24 (5) The Commission may not limit the number of parties
13-25 or eligible contracts to be served under a permit issued under this
13-26 subsection.
13-27 (6) In this subsection, "eligible contract" means a
14-1 valid contract to provide services for compensation in an amount
14-2 not less than the lesser of:
14-3 (A) $12,000 a year; or
14-4 (B) an amount for a year the Commission adopts
14-5 by rule.
14-6 (7) For purposes of this subsection, "general
14-7 commodity" means a commodity other than:
14-8 (A) a commodity that requires temperature
14-9 control; or
14-10 (B) a commodity for which a specialized motor
14-11 carrier is required for transportation under Section 1(i) of this
14-12 Act. <No application for permit shall be granted by the Commission
14-13 until after a hearing nor shall any such permit be granted if the
14-14 Commission shall be of the opinion that the proposed operation of
14-15 any such contract carrier will impair the efficient public service
14-16 of any authorized common carrier or common carriers then adequately
14-17 serving the same territory.>
14-18 SECTION 9. Section 6aa, Chapter 314, Acts of the 41st
14-19 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
14-20 Civil Statutes), is amended to read as follows:
14-21 Sec. 6aa. The Commission is hereby vested with power and
14-22 authority and it is hereby made its duty to prescribe rules and
14-23 regulations covering the operation of contract carriers in
14-24 competition with common carriers over the highways of this State
14-25 and the Commission shall prescribe minimum rates, fares and charges
14-26 to be collected by such contract carriers which shall not be less
14-27 than the rates prescribed for common carriers for substantially the
15-1 same service. A contract carrier that holds a permit to transport
15-2 a general commodity in a truckload quantity is subject to the rates
15-3 established under Section 4(a)(4) of this Act.
15-4 SECTION 10. Chapter 314, Acts of the 41st Legislature,
15-5 Regular Session, 1929 (Article 911b, Vernon's Texas Civil
15-6 Statutes), is amended by adding Section 6A to read as follows:
15-7 Sec. 6A. (a) After making a delivery of a specialized
15-8 commodity, a specialized motor carrier that holds a permit to
15-9 transport a specialized commodity may transport on its return trip
15-10 any specialized commodity, or other commodity the Commission by
15-11 rule permits, without seeking additional authority from the
15-12 Commission to transport the specialized commodity or other
15-13 commodity if:
15-14 (1) the motor carrier uses:
15-15 (A) a flatbed-type vehicle; or
15-16 (B) any other type of vehicle the Commission by
15-17 rule determines is suitable for transporting the specialized
15-18 commodity or other commodity; and
15-19 (2) the transportation occurs on a route each point of
15-20 which is within 75 miles of a point on the route that the
15-21 specialized motor carrier used to make the initial transport of the
15-22 specialized commodity.
15-23 (b) Not later than January 1, 1995, the Commission shall
15-24 review all existing rates and charges for transportation allowed
15-25 under this section and adjust the rates and charges under Section
15-26 4(a)(1) of this Act to reflect the increased efficiency and savings
15-27 in cost obtained by using the authority granted under this section.
16-1 The Commission shall consider the aggregate revenues earned by
16-2 carriers transporting goods in both directions under this section
16-3 in setting rates for shipments of specialized commodities and other
16-4 commodities allowed to be transported under this section.
16-5 (c) In this section, "specialized commodity" means a
16-6 commodity for which a specialized motor carrier is required for
16-7 transportation under Section 1(i) of this Act.
16-8 SECTION 11. Section 14, Chapter 314, Acts of the 41st
16-9 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
16-10 Civil Statutes), is amended by amending Subsection (b) and adding
16-11 Subsections (c) and (d) to read as follows:
16-12 (b) To expedite the hearing and disposition of applications,
16-13 the Examiner or authorized representative of the Commission shall
16-14 have authority under orders of the Commission to hear applications
16-15 which may be assigned to him by the Commission. After<; after> the
16-16 hearing of an application has been concluded by such representative
16-17 or Examiner, the representative or Examiner and the Commission
16-18 shall follow the timetable provided by Subsection (c) of this
16-19 section <it shall be his duty promptly to make a written report to
16-20 the Commission recommending disposition of said application. Such
16-21 report and recommendation shall be accompanied by a brief narrative
16-22 statement of the evidence, and shall contain such other information
16-23 as such representative or Examiner may think advisable, or as may
16-24 be required by the Commission>. Unless required by the Commission,
16-25 it shall not be necessary for the reporter to transcribe said
16-26 evidence in full, but it shall be sufficient to make a brief
16-27 narrative statement giving the correct summary of such evidence;
17-1 provided, however, the Commission shall have the authority to
17-2 require said evidence, or any part thereof, to be transcribed in
17-3 full if deemed advisable or necessary.
17-4 (c)(1) The representative or Examiner shall, not later than
17-5 the seventh day after the concluding date of the hearing, notify
17-6 each party of the representative's or Examiner's proposed decision.
17-7 Not later than the 30th day after the concluding date of the
17-8 hearing, the representative or Examiner shall submit a written
17-9 proposal for a decision to the Commission.
17-10 (2) Notwithstanding any provision of law to the
17-11 contrary, the Commission shall render its final decision not later
17-12 than the 120th day after the concluding date of the hearing.
17-13 (3) On the written agreement of all parties the
17-14 Commission may extend the deadline provided by Subdivision (2) of
17-15 this subsection by not more than 60 days.
17-16 (4) A party to a hearing under this section may
17-17 enforce the deadlines imposed by this subsection through a writ of
17-18 mandamus or other appropriate equitable relief.
17-19 (d) The Commission shall adopt rules to require employees of
17-20 the Commission to grant an application for a certificate of public
17-21 convenience and necessity or a permit filed under any section of
17-22 this Act without a hearing, a formal presentation to the
17-23 Commission, or an order of the Commission not later than the 10th
17-24 day after the date:
17-25 (1) the period for protesting an application expires
17-26 if no party has filed a protest to the issuance of the certificate
17-27 or permit within the applicable period provided by this Act; or
18-1 (2) of withdrawal of a protest by the last party
18-2 protesting the issuance of a certificate or permit.
18-3 SECTION 12. Sections 139(g), (j), and (k), Uniform Act
18-4 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
18-5 Statutes), are amended to read as follows:
18-6 (g)(1) Any officer of the Texas Department of Public Safety
18-7 may enter or detain any motor vehicle on any street or highway
18-8 subject to this section or to any regulation adopted by the
18-9 Director in accordance with this section. In addition, any officer
18-10 or employee of the Texas Department of Public Safety certified for
18-11 this purpose by the Director may enter the premises of a motor
18-12 carrier to inspect lands, buildings, and equipment and copy or
18-13 verify the correctness of any records, reports, or other documents
18-14 required to be kept or made pursuant to the regulations adopted by
18-15 the Director under this section. The Department may conduct the
18-16 inspection at a reasonable time on stating the purpose and
18-17 presenting to the motor carrier appropriate credentials and a
18-18 written statement to the carrier from the Department of the
18-19 officer's or employee's inspection authority.
18-20 (2) A person commits an offense if the person fails to
18-21 permit an inspection authorized by this subsection. An offense
18-22 under this subsection is a Class C misdemeanor.
18-23 (3) In addition to the penalty provided by Subdivision
18-24 (2) of this subsection, a person who fails to permit an inspection
18-25 under this subsection is liable to the state in an amount not to
18-26 exceed $1,000. The attorney general may bring suit to collect the
18-27 penalty provided by this subdivision in a court in the county in
19-1 which the violation is alleged to have occurred or in Travis
19-2 County.
19-3 (j) A person who violates this section or <convicted of a
19-4 violation of> a regulation adopted under this section is subject to
19-5 an administrative <a civil> penalty in an amount to be set by the
19-6 Railroad Commission of Texas by rule. The amount may not exceed
19-7 the maximum penalties provided for violations of current federal
19-8 regulations and their subsequent amendments under the Hazardous
19-9 Materials Regulations (49 C.F.R. Parts 101-199) and the Federal
19-10 Motor Carrier Safety Regulations (49 C.F.R. Parts 386 and 388-399).
19-11 The commission shall administer the penalty in the same manner as
19-12 provided by Section 4(a)(12), Chapter 314, Acts of the 41st
19-13 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
19-14 Civil Statutes) <not to exceed $200 for each day of noncompliance
19-15 or for each act of noncompliance. The action may be brought in any
19-16 court of competent jurisdiction in the county in which the
19-17 violation occurred>.
19-18 (k) A penalty recovered in a suit or an administrative
19-19 proceeding brought under this section shall be deposited to the
19-20 credit of the motor carrier enforcement <state highway> fund.
19-21 SECTION 13. Section 6bb, Chapter 314, Acts of the 41st
19-22 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
19-23 Civil Statutes), is repealed.
19-24 SECTION 14. (a) The changes in law made by Sections 3 and
19-25 12 of this Act apply only to an offense or a violation committed on
19-26 or after the effective date of this Act. For purposes of this
19-27 section, an offense or violation is committed before the effective
20-1 date of this Act if any element of the offense or violation occurs
20-2 before that date.
20-3 (b) An offense or violation committed before the effective
20-4 date of this Act is governed by the law in effect when the offense
20-5 or violation was committed, and the former law is continued in
20-6 effect for this purpose.
20-7 SECTION 15. On the effective date of this Act, a commercial
20-8 zone that was created by the Railroad Commission of Texas under
20-9 Section 1(g), Chapter 314, Acts of the 41st Legislature, Regular
20-10 Session, 1929 (Article 911b, Vernon's Texas Civil Statutes), that
20-11 exists on that date, and that contains a portion of a county is
20-12 reconfigured to include the remainder of each county partially
20-13 contained in the zone.
20-14 SECTION 16. (a) Except as provided by Subsection (b) of
20-15 this section, this Act takes effect September 1, 1993.
20-16 (b) Section 8 of this Act takes effect January 1, 1994.
20-17 SECTION 17. The importance of this legislation and the
20-18 crowded condition of the calendars in both houses create an
20-19 emergency and an imperative public necessity that the
20-20 constitutional rule requiring bills to be read on three several
20-21 days in each house be suspended, and this rule is hereby suspended.