1-1 By: Bivins S.B. No. 1313
1-2 (In the Senate - Filed March 25, 1993; March 25, 1993, read
1-3 first time and referred to Committee on State Affairs;
1-4 March 29, 1993, reported favorably, as amended, by the following
1-5 vote: Yeas 12, Nays 0; March 29, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 COMMITTEE AMENDMENT NO. 1 By: Henderson
1-22 Amend S.B. No. 1313 in SECTION 4 of the bill, by striking
1-23 proposed Subsection (f)(1) and substituting the following:
1-24 (f)(1) Notwithstanding any other provision of this Act,
1-25 before granting an application by a disadvantaged business for a
1-26 certificate, the Commission shall require that the applicant make a
1-27 prima facie case that it is fit, willing, and able to perform the
1-28 proposed service and to meet the requirements of this Act and the
1-29 regulations the Commission adopts under this Act. If the applicant
1-30 makes a prima facie case, the Commission shall grant the
1-31 application unless an opposing party shows that the applicant is
1-32 not fit, willing, and able to perform the proposed service and to
1-33 meet the requirements of this Act and the regulations the
1-34 Commission adopts under this Act. In making a determination on
1-35 granting the application, the Commission may not consider evidence
1-36 presented by an opposing party that:
1-37 (A) does not show that the applicant is not fit,
1-38 willing, and able to perform the service proposed and to meet the
1-39 requirements of this Act and the regulations the Commission adopts
1-40 under this Act;
1-41 (B) shows that an opposing party or another
1-42 carrier already adequately provides or could adequately provide the
1-43 proposed service; or
1-44 (C) shows that a complaint has been or will be
1-45 filed against the applicant for a violation of this Act, unless the
1-46 complaint is in regard to a safety violation.
1-47 COMMITTEE AMENDMENT NO. 2 By: Henderson
1-48 Amend S.B. No. 1313 in SECTION 5 of the bill by amending
1-49 proposed Subsection 4A(g) as follows:
1-50 (g) Not later than the 30th day after the date the notice is
1-51 published under Subsection (c) of this section, the Commission
1-52 shall conduct a hearing and enter an interim order suspending or
1-53 affirming a proposed rate, charge, or other provision for which a
1-54 suspension petition has been filed as provided by Subsection (d) of
1-55 this section.
1-56 COMMITTEE AMENDMENT NO. 3 By: Henderson
1-57 Amend S.B. No. 1313 in Section 12 of the bill by amending
1-58 proposed Subsection 139(k) of Article 6701d, Vernon's Texas Civil
1-59 Statutes, as follows:
1-60 (k) A penalty recovered in a suit or an administrative
1-61 proceeding brought under this section shall be deposited to the
1-62 credit of the Motor Carrier Act enforcement <state highway> fund.
1-63 COMMITTEE AMENDMENT NO. 4 By: Henderson
1-64 Amend S.B. No. 1313 in Section 1 of the bill by amending
1-65 proposed Subsection 1(k) as follows:
1-66 (k) "Truckload quantity" means a single shipment that:
1-67 (1) is transported for a single consignor who has
1-68 exclusive use of the transporting vehicle; and
2-1 (2) weighs 25,000 pounds or more or constitutes a
2-2 capacity load under tariffs, rules, or regulations adopted by the
2-3 Commission.
2-4 A BILL TO BE ENTITLED
2-5 AN ACT
2-6 relating to the regulation of motor carriers; providing penalties.
2-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
2-8 SECTION 1. Section 1, Chapter 314, Acts of the 41st
2-9 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
2-10 Civil Statutes), is amended by amending Subsections (g) and (h) and
2-11 adding Subsection (k) to read as follows:
2-12 (g) The term "motor carrier" means any person, firm,
2-13 corporation, company, copartnership, association or joint stock
2-14 association, and their lessees, receivers, or trustees appointed by
2-15 any court whatsoever owning, controlling, managing, operating, or
2-16 causing to be operated any motor-propelled vehicle used in
2-17 transporting property for compensation or hire over any public
2-18 highway in this state, where in the course of such transportation a
2-19 highway between two or more incorporated cities, towns or villages
2-20 is traversed.
2-21 Provided, that the term "motor carrier" as used in this Act
2-22 shall not include, and this Act shall not apply to motor vehicles
2-23 engaged in the transportation of property for compensation or hire
2-24 between points:
2-25 (1) Wholly within any one incorporated city, town or
2-26 village;
2-27 (2) Wholly within an incorporated city, town or
2-28 village and all areas, incorporated or unincorporated, wholly
2-29 surrounded by such city, town or village;
2-30 (3) So situated that the transportation is performed
2-31 wholly within an incorporated and immediately adjacent
2-32 unincorporated area without operating within or through the
2-33 corporate limits of more than a single incorporated city, town or
2-34 village, except to the extent provided in (2) above; or
2-35 (4) Wholly within the limits of a base incorporated
2-36 municipality and any number of incorporated cities, towns and
2-37 villages which are immediately contiguous to said base
2-38 municipality.
2-39 Provided further, that motor carriers authorized to serve any
2-40 incorporated city, town or village within the areas described in
2-41 (2), (3), and (4) above, except carriers of commodities in bulk in
2-42 tank trucks and all specialized motor carriers, may perform service
2-43 for compensation or hire between all points within the areas
2-44 described in (2), (3), and (4) above, on the one hand, and, on the
2-45 other, authorized points beyond such areas without a certificate or
2-46 permit authorizing service at all points within such areas when
2-47 such transportation is incident to, or a part of, otherwise
2-48 regulated transportation performed under a through bill of lading.
2-49 Provided further, that after notice and public hearing the
2-50 Railroad Commission of Texas is hereby authorized, except as to
2-51 operations of carriers of commodities in bulk in tank vehicles and
2-52 all specialized motor carriers, from time to time and where
2-53 necessary, to define and prescribe, and where necessary shall
2-54 prescribe, commercial zones adjacent to and commercially a part of
2-55 any specified incorporated municipality and within which operations
2-56 as a motor carrier may be performed without a certificate or permit
2-57 authorizing same and within which strictly local service wholly
2-58 within such commercial zone may be performed at rates and charges
2-59 other than those prescribed by the Commission. A commercial zone
2-60 shall consist of one or more whole counties. The Commission in so
2-61 determining and prescribing the limits of any commercial zone shall
2-62 take into consideration its powers and duties otherwise to
2-63 administer and enforce the Motor Carrier Act considered in the
2-64 light of the economic facts and conditions involved in each
2-65 commercial zone or proposed commercial zone, particularly the
2-66 effect that unregulated transportation for compensation or hire
2-67 within such zone or proposed zone has had or may have upon fully
2-68 regulated motor carriers operating in regulated intrastate commerce
2-69 to, from and within such commercial zone. The Railroad Commission
2-70 is empowered to prescribe such rules and regulations for operation
3-1 of such transportation as the Commission deems in the public
3-2 interest.
3-3 (h) The term "contract carrier" means any motor carrier as
3-4 hereinabove defined transporting property for compensation or hire
3-5 over any highway in this State other than as a common carrier or a
3-6 specialized motor carrier.
3-7 (k) "Truckload quantity" means a single shipment that:
3-8 (1) is transported for a single consignor who has
3-9 exclusive use of the transporting vehicle; and
3-10 (2) weighs 25,000 pounds or more or constitutes a
3-11 capacity load under regulations adopted by the Commission.
3-12 SECTION 2. Subdivision (4), Subsection (a), Section 4,
3-13 Chapter 314, Acts of the 41st Legislature, Regular Session, 1929
3-14 (Article 911b, Vernon's Texas Civil Statutes), is amended to read
3-15 as follows:
3-16 (4) Notwithstanding any other provision of this Act or
3-17 any existing Commission regulation, motor carriers other than
3-18 specialized motor carriers and other than contract carriers subject
3-19 to Commission-prescribed tariffs governing transportation of
3-20 specialized commodities shall be permitted to deviate from the
3-21 prescribed base rate (i) for shipments weighing in excess of 500
3-22 pounds but less than 10,000 pounds by an amount not to exceed five
3-23 percent above or below such base rate; <and> (ii) except as
3-24 provided by Item (iii), for shipments weighing in excess of 10,000
3-25 pounds by an amount not to exceed 25 <15> percent above or below
3-26 such base rate; and (iii) for shipments of general commodities in a
3-27 truckload quantity as authorized under Section 6(c) of this Act by
3-28 an amount not to exceed 40 percent above or below such base rate;
3-29 provided, that a carrier or carriers electing to so deviate shall
3-30 file notice thereof with the Commission. Such proposed deviation
3-31 shall become effective five days after filing and receipt by the
3-32 Commission. In the event the simplified base rate is thereafter
3-33 increased or decreased, such increase or decrease shall be applied
3-34 to any deviation rate published under this subdivision. Provided,
3-35 however, that the Commission shall promptly provide notice to the
3-36 public of any deviation under this subsection and with respect to
3-37 any such deviation any interested party shall have the right to
3-38 petition the Commission for suspension of such deviation within 15
3-39 days of such notice on the grounds that the deviation results in
3-40 predatory pricing as hereinafter defined. The deviation shall
3-41 remain in effect and shall not be suspended unless the Commission,
3-42 after hearing, shall determine that suspension is warranted and so
3-43 orders.
3-44 SECTION 3. Subdivision (12), Subsection (a), Section 4,
3-45 Chapter 314, Acts of the 41st Legislature, Regular Session, 1929
3-46 (Article 911b, Vernon's Texas Civil Statutes), is amended to read
3-47 as follows:
3-48 (12) The Commission is hereby directed to stringently
3-49 enforce all provisions of this Act so as to promote, encourage, and
3-50 ensure a safe, dependable, responsive, and adequate transportation
3-51 system for the public as a whole. To this end, in addition to all
3-52 other enforcement penalties and other relief provided in Section 16
3-53 of this Act, the Commission is hereby granted full power and
3-54 authority to assess administrative penalties of up to $10,000 for
3-55 violation of any provision of this Act respecting safety,
3-56 certificates, or rates or any Commission rule, regulation, or order
3-57 respecting safety, certificates, or rates, by any motor carrier,
3-58 shipper, or other person whomsoever. The Commission may assess
3-59 against a person an administrative penalty in excess of $10,000 if
3-60 the Commission finds that the person has knowingly committed
3-61 multiple violations, in which event the Commission may impose an
3-62 aggregate penalty of not more than $25,000. In determining whether
3-63 a person has knowingly committed multiple violations, the
3-64 Commission may consider past violations of this Act. Such
3-65 administrative penalties may be assessed by the Commission after
3-66 notice and hearing pursuant to the provisions of the Administrative
3-67 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
3-68 Civil Statutes) and shall be cumulative of all other remedies
3-69 available under this Act. All administrative penalties so assessed
3-70 and collected shall be payable to the State Treasury and credited
4-1 to a fund to be known and designated as the "Motor Carrier Act
4-2 enforcement fund," which fund is hereby appropriated for use by the
4-3 Commission and the Department of Public Safety in stringently
4-4 enforcing the safety, certificate, rate, and other provisions of
4-5 this Act.
4-6 SECTION 4. Section 4, Chapter 314, Acts of the 41st
4-7 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
4-8 Civil Statutes), is amended by adding Subsection (f) to read as
4-9 follows:
4-10 (f)(1) Notwithstanding any other provision of this Act,
4-11 before granting an application by a disadvantaged business for a
4-12 certificate, the Commission shall require that the applicant make a
4-13 prima facie case that it can provide the service proposed in
4-14 conformity with this Act. If the applicant makes a prima facie
4-15 case, the Commission shall grant the application unless an opposing
4-16 party shows that the applicant is not able to provide the service
4-17 proposed in conformity with this Act. In making a determination on
4-18 granting the application, the Commission may not consider evidence
4-19 presented by an opposing party that:
4-20 (A) does not show that the applicant is unable
4-21 to provide the service proposed in conformity with this Act;
4-22 (B) shows that an opposing party or another
4-23 carrier already adequately provides or could adequately provide the
4-24 proposed service; or
4-25 (C) shows that a complaint has been or will be
4-26 filed against the applicant for a violation of this Act, unless the
4-27 complaint is in regard to a safety violation.
4-28 (2) An application by a disadvantaged business for a
4-29 certificate under this subsection takes precedence over all other
4-30 applications for certificates before the Commission.
4-31 (3) A certificate awarded under this subsection may
4-32 not be transferred to another person for five years after the date
4-33 the certificate is awarded unless the transferee also qualifies as
4-34 a disadvantaged business under this subsection. This limitation
4-35 applies even if the holder of the certificate seeks to transfer the
4-36 certificate because the disadvantaged business is unable to
4-37 maintain financial viability.
4-38 (4) Except as provided by Subdivision (5) of this
4-39 subsection, the Commission shall revoke a certificate awarded under
4-40 this subsection if the Commission determines that, during the
4-41 period the transfer of the certificate is restricted under
4-42 Subdivision (3) of this subsection, the holder of the certificate
4-43 no longer qualifies as a disadvantaged business. The Commission
4-44 shall require a disadvantaged business that is awarded a
4-45 certificate under this subsection to notify the Commission during
4-46 the period the transfer of a certificate is restricted under
4-47 Subdivision (3) of this subsection of each change of ownership of
4-48 the business the Commission by rule defines as significant. The
4-49 Commission may revoke the certificate of a disadvantaged business
4-50 that fails to provide notice required under this subdivision.
4-51 (5) The Commission may not revoke a certificate
4-52 awarded under this subsection if the holder of the certificate no
4-53 longer qualifies as a disadvantaged business because of a change in
4-54 ownership of the business through devise or descent.
4-55 (6) In determining whether an applicant qualifies as a
4-56 disadvantaged business under this subsection, the Commission may
4-57 consider the actual management or control of the applicant as well
4-58 as incidents of ownership. If the Commission determines that an
4-59 applicant has used any method or device to enable a person or
4-60 entity that is not a disadvantaged business to qualify for a
4-61 certificate under this subsection, it shall deny the applicant
4-62 status as a disadvantaged business under this subsection.
4-63 (7) In this subsection, "disadvantaged business"
4-64 means:
4-65 (A) a corporation formed for the purpose of
4-66 making a profit in which at least 51 percent of all classes of the
4-67 shares of stock or other equitable securities are owned by one or
4-68 more persons who are socially disadvantaged because of their
4-69 identification as members of certain groups, including African
4-70 Americans, Hispanic Americans, women, Asian Americans, American
5-1 Indians, Alaska natives, and Pacific islanders, who have suffered
5-2 the effects of discriminatory practices or similar insidious
5-3 circumstances over which they have no control;
5-4 (B) a sole proprietorship for the purpose of
5-5 making a profit that is 100 percent owned, operated, and controlled
5-6 by a person described by Paragraph (A) of this subdivision;
5-7 (C) a partnership for the purpose of making a
5-8 profit in which 51 percent of the assets and interest in the
5-9 partnership is owned by one or more persons described by Paragraph
5-10 (A) of this subdivision who have a proportionate interest in the
5-11 control, operation, and management of the partnership's affairs; or
5-12 (D) a joint venture in which each entity in the
5-13 joint venture is a disadvantaged business under this subdivision.
5-14 SECTION 5. Chapter 314, Acts of the 41st Legislature,
5-15 Regular Session, 1929 (Article 911b, Vernon's Texas Civil
5-16 Statutes), is amended by adding Section 4a to read as follows:
5-17 Sec. 4a. (a) A motor carrier or other interested person may
5-18 apply to establish rates, charges, and other provisions for
5-19 transportation services the carrier is authorized to perform under
5-20 this Act. The Commission shall prescribe the form of the
5-21 application.
5-22 (b) The application must require the applicant to identify
5-23 the proposed rate, charge, or other provision to be established but
5-24 may not require a justification for the change based on cost.
5-25 (c) The Commission shall promptly provide notice to the
5-26 public of the proposed rate, charge, or other provision in a weekly
5-27 publication.
5-28 (d) Not later than the 10th day after the date the notice is
5-29 published under Subsection (c) of this section, an interested party
5-30 may petition the Commission to suspend the proposed rate, charge,
5-31 or other provision.
5-32 (e) If an interested party does not file a suspension
5-33 petition under Subsection (d) of this section within the period
5-34 required by that subsection, notwithstanding any other provision of
5-35 law, the proposed rate, charge, or other provision takes effect on
5-36 the 15th day after the date notice is published under Subsection
5-37 (c) of this section without a hearing or an order of the
5-38 Commission. The Commission shall publish notice of a proposed
5-39 rate, charge, or other provision that takes effect under this
5-40 subsection as soon as practical after its effective date.
5-41 (f) If a suspension petition is filed as provided by
5-42 Subsection (d) of this section, the proposed rate, charge, or other
5-43 provision does not take effect automatically, the Commission shall
5-44 consider the application for the proposed rate, charge, or other
5-45 provision in the manner otherwise provided by this Act, and the
5-46 applicant has the burden of proving that the proposed rate, charge,
5-47 or other provision is just, reasonable, and compensatory.
5-48 (g) Not later than the 30th day after the date the notice is
5-49 published under Subsection (c) of this section, the Commission
5-50 shall conduct a hearing and enter an order suspending or affirming
5-51 a proposed rate, charge, or other provision for which a suspension
5-52 petition has been filed as provided by Subsection (d) of this
5-53 section.
5-54 SECTION 6. Subsection (d), Section 5a, Chapter 314, Acts of
5-55 the 41st Legislature, Regular Session, 1929 (Article 911b, Vernon's
5-56 Texas Civil Statutes), is amended to read as follows:
5-57 (d) Before any such application shall be granted, the
5-58 Commission shall hear, consider and determine said application in
5-59 accordance with Subsection (e) of Section 4 and Sections 8, 9, 11,
5-60 12, 13, 13a, 14, and 15 of this Act <Chapter 277, Acts of the
5-61 Forty-first Legislature, Regular Session, as amended (Article 911b,
5-62 Revised Civil Statutes of the State of Texas, 1925, as amended)>,
5-63 and if the Commission shall find any such applicant entitled
5-64 thereto, it shall issue a certificate hereunder on such terms and
5-65 conditions as is justified by the facts; otherwise said application
5-66 shall be denied. In the event an applicant meets the requirements
5-67 of Subsection (e) of Section 4, as well as other requirements of
5-68 this Act <Article 911b>, the Commission shall grant any application
5-69 for a certificate of convenience and necessity authorizing
5-70 operation as a "Specialized Motor Carrier" or any other common
6-1 carrier unless it is established by the substantial evidence of
6-2 record considered as a whole that (1) the services and facilities
6-3 of the existing carriers serving the territory or any part thereof
6-4 are adequate; or (2) there does not exist a public necessity for
6-5 such service, or (3) the public convenience will not be promoted by
6-6 granting said application. The order of the Commission granting or
6-7 denying said application and the certificate issued thereunder
6-8 shall be void unless the Commission shall set forth in its order
6-9 full and complete findings of fact on the issues of adequacy of the
6-10 services and facilities of the existing carriers, and the public
6-11 need for the proposed service. Likewise, the Commission shall have
6-12 no authority to grant any contract carrier application for the
6-13 transportation of any commodities other than a general commodity in
6-14 a truckload quantity authorized under Subsection (c) of Section 6
6-15 of this Act in any territory or between any points where it is
6-16 established by substantial evidence in the record as a whole that
6-17 the existing carriers are rendering<, or are capable of rendering,>
6-18 a reasonably adequate service in the transportation of such
6-19 commodities.
6-20 SECTION 7. Subsection (c), Section 6, Chapter 314, Acts of
6-21 the 41st Legislature, Regular Session, 1929 (Article 911b, Vernon's
6-22 Texas Civil Statutes), is amended to read as follows:
6-23 (c) No application for permit shall be granted by the
6-24 Commission until after a hearing nor shall any such permit be
6-25 granted if the Commission shall be of the opinion that the proposed
6-26 operation of any such contract carrier will impair the efficient
6-27 public service of any authorized common carrier or common carriers
6-28 then adequately serving the same territory. A contract carrier who
6-29 proposes to transport a general commodity in a truckload quantity
6-30 does not impair the efficient public service of any other
6-31 authorized carrier. For purposes of this subsection, "general
6-32 commodity" means a commodity other than:
6-33 (1) a commodity that requires temperature control; or
6-34 (2) a commodity for which a specialized motor carrier
6-35 is required for transportation under Section 1(i) of this Act.
6-36 SECTION 8. Effective January 1, 1994, Subsection (c),
6-37 Section 6, Chapter 314, Acts of the 41st Legislature, Regular
6-38 Session, 1929 (Article 911b, Vernon's Texas Civil Statutes), is
6-39 amended to read as follows:
6-40 (c)(1) The Commission shall grant an application for a
6-41 permit to transport a general commodity in a truckload quantity if
6-42 the Commission finds that:
6-43 (A) the applicant has presented sufficient
6-44 evidence that the applicant has entered or will enter an eligible
6-45 contract with the party the applicant proposes to serve; and
6-46 (B) the applicant is fit, willing, and able to
6-47 perform the proposed services and to meet the requirements of this
6-48 Act and the regulations the Commission adopts under this Act.
6-49 (2) Evidence that the applicant and the party the
6-50 applicant proposes to serve have a contractual relationship for
6-51 interstate or local transportation service is sufficient for the
6-52 Commission to determine that the parties intend to enter a contract
6-53 necessary for a permit under this subsection. The Commission may
6-54 give consideration to information relating to the fitness of the
6-55 applicant or the applicant's ability to meet requisite safety
6-56 standards.
6-57 (3) A motor carrier that is not a party to the
6-58 application proceeding may not present evidence at the proceeding.
6-59 A motor carrier does not have standing to protest the issuance of a
6-60 permit under this subsection unless the protesting motor carrier
6-61 shows that it has generated at least $25,000 in annual intrastate
6-62 revenue from the party the applicant proposes to serve during each
6-63 of the two years preceding the date of filing of the application.
6-64 (4) To have a permit granted under this subsection, an
6-65 applicant must make a prima facie showing that it can meet the
6-66 requirements in Subdivision (1) of this subsection. If the
6-67 applicant makes a prima facie showing, the Commission shall grant
6-68 the permit unless a protesting motor carrier shows that the
6-69 applicant is unable to meet the requirements of Subdivision (1) of
6-70 this subsection.
7-1 (5) The Commission may not limit the number of parties
7-2 or eligible contracts to be served under a permit issued under this
7-3 subsection.
7-4 (6) In this subsection, "eligible contract" means a
7-5 valid contract to provide services for compensation in an amount
7-6 not less than the lesser of:
7-7 (A) $12,000 a year; or
7-8 (B) an amount for a year the Commission adopts
7-9 by rule.
7-10 (7) For purposes of this subsection, "general
7-11 commodity" means a commodity other than:
7-12 (A) a commodity that requires temperature
7-13 control; or
7-14 (B) a commodity for which a specialized motor
7-15 carrier is required for transportation under Section 1(i) of this
7-16 Act. <No application for permit shall be granted by the Commission
7-17 until after a hearing nor shall any such permit be granted if the
7-18 Commission shall be of the opinion that the proposed operation of
7-19 any such contract carrier will impair the efficient public service
7-20 of any authorized common carrier or common carriers then adequately
7-21 serving the same territory.>
7-22 SECTION 9. Section 6aa, Chapter 314, Acts of the 41st
7-23 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
7-24 Civil Statutes), is amended to read as follows:
7-25 Sec. 6aa. The Commission is hereby vested with power and
7-26 authority and it is hereby made its duty to prescribe rules and
7-27 regulations covering the operation of contract carriers in
7-28 competition with common carriers over the highways of this State
7-29 and the Commission shall prescribe minimum rates, fares and charges
7-30 to be collected by such contract carriers which shall not be less
7-31 than the rates prescribed for common carriers for substantially the
7-32 same service. A contract carrier that holds a permit to transport
7-33 a general commodity in a truckload quantity is subject to the rates
7-34 established under Section 4(a)(4) of this Act.
7-35 SECTION 10. Chapter 314, Acts of the 41st Legislature,
7-36 Regular Session, 1929 (Article 911b, Vernon's Texas Civil
7-37 Statutes), is amended by adding Section 6a to read as follows:
7-38 Sec. 6a. (a) After making a delivery of a specialized
7-39 commodity, a specialized motor carrier that holds a permit to
7-40 transport a specialized commodity may transport on its return trip
7-41 any specialized commodity, or other commodity the Commission by
7-42 rule permits, without seeking additional authority from the
7-43 Commission to transport the specialized commodity or other
7-44 commodity if:
7-45 (1) the motor carrier uses:
7-46 (A) a flatbed-type vehicle; or
7-47 (B) any other type of vehicle the Commission by
7-48 rule determines is suitable for transporting the specialized
7-49 commodity or other commodity; and
7-50 (2) the transportation occurs on a route each point of
7-51 which is within 75 miles of a point on the route that the
7-52 specialized motor carrier used to make the initial transport of the
7-53 specialized commodity.
7-54 (b) Not later than January 1, 1995, the Commission shall
7-55 review all existing rates and charges for transportation allowed
7-56 under this section and adjust the rates and charges under Section
7-57 4(a)(1) of this Act to reflect the increased efficiency and savings
7-58 in cost obtained by using the authority granted under this section.
7-59 The Commission shall consider the aggregate revenues earned by
7-60 carriers transporting goods in both directions under this section
7-61 in setting rates for shipments of specialized commodities and other
7-62 commodities allowed to be transported under this section.
7-63 (c) In this section, "specialized commodity" means a
7-64 commodity for which a specialized motor carrier is required for
7-65 transportation under Section 1(i) of this Act.
7-66 SECTION 11. Section 14, Chapter 314, Acts of the 41st
7-67 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
7-68 Civil Statutes), is amended by amending Subsection (b) and adding
7-69 Subsections (c) and (d) to read as follows:
7-70 (b) To expedite the hearing and disposition of applications,
8-1 the Examiner or authorized representative of the Commission shall
8-2 have authority under orders of the Commission to hear applications
8-3 which may be assigned to him by the Commission. After<; after> the
8-4 hearing of an application has been concluded by such representative
8-5 or Examiner, the representative or Examiner and the Commission
8-6 shall follow the timetable provided by Subsection (c) of this
8-7 section <it shall be his duty promptly to make a written report to
8-8 the Commission recommending disposition of said application. Such
8-9 report and recommendation shall be accompanied by a brief narrative
8-10 statement of the evidence, and shall contain such other information
8-11 as such representative or Examiner may think advisable, or as may
8-12 be required by the Commission>. Unless required by the Commission,
8-13 it shall not be necessary for the reporter to transcribe said
8-14 evidence in full, but it shall be sufficient to make a brief
8-15 narrative statement giving the correct summary of such evidence;
8-16 provided, however, the Commission shall have the authority to
8-17 require said evidence, or any part thereof, to be transcribed in
8-18 full if deemed advisable or necessary.
8-19 (c)(1) The representative or Examiner shall, not later than
8-20 the seventh day after the concluding date of the hearing, notify
8-21 each party of the representative's or Examiner's proposed decision.
8-22 Not later than the 30th day after the concluding date of the
8-23 hearing, the representative or Examiner shall submit a written
8-24 proposal for a decision to the Commission.
8-25 (2) Notwithstanding any provision of law to the
8-26 contrary, the Commission shall render its final decision not later
8-27 than the 120th day after the concluding date of the hearing.
8-28 (3) On the written agreement of all parties the
8-29 Commission may extend the deadline provided by Subdivision (2) of
8-30 this subsection by not more than 60 days.
8-31 (4) A party to a hearing under this section may
8-32 enforce the deadlines imposed by this subsection through a writ of
8-33 mandamus or other appropriate equitable relief.
8-34 (d) The Commission shall adopt rules to require employees of
8-35 the Commission to grant an application for a certificate of public
8-36 convenience and necessity or a permit filed under any section of
8-37 this Act without a hearing, a formal presentation to the
8-38 Commission, or an order of the Commission not later than the 10th
8-39 day after the date:
8-40 (1) the period for protesting an application expires
8-41 if no party has filed a protest to the issuance of the certificate
8-42 or permit within the applicable period provided by this Act; or
8-43 (2) of withdrawal of a protest by the last party
8-44 protesting the issuance of a certificate or permit.
8-45 SECTION 12. Subsections (g), (j), and (k), Section 139,
8-46 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
8-47 Texas Civil Statutes), are amended to read as follows:
8-48 (g)(1) Any officer of the Texas Department of Public Safety
8-49 may enter or detain any motor vehicle on any street or highway
8-50 subject to this section or to any regulation adopted by the
8-51 Director in accordance with this section. In addition, any officer
8-52 or employee of the Texas Department of Public Safety certified for
8-53 this purpose by the Director may enter the premises of a motor
8-54 carrier to inspect lands, buildings, and equipment and copy or
8-55 verify the correctness of any records, reports, or other documents
8-56 required to be kept or made pursuant to the regulations adopted by
8-57 the Director under this section. The Department may conduct the
8-58 inspection at a reasonable time on stating the purpose and
8-59 presenting to the motor carrier appropriate credentials and a
8-60 written statement to the carrier from the Department of the
8-61 officer's or employee's inspection authority.
8-62 (2) A person commits an offense if the person fails to
8-63 permit an inspection authorized by this subsection. An offense
8-64 under this subsection is a Class C misdemeanor.
8-65 (3) In addition to the penalty provided by Subdivision
8-66 (2) of this subsection, a person who fails to permit an inspection
8-67 under this subsection is liable to the state in an amount not to
8-68 exceed $1,000. The attorney general may bring suit to collect the
8-69 penalty provided by this subdivision in a court in the county in
8-70 which the violation is alleged to have occurred or in Travis
9-1 County.
9-2 (j) A person who violates this section or <convicted of a
9-3 violation of> a regulation adopted under this section is subject to
9-4 an administrative <a civil> penalty in an amount to be set by the
9-5 Railroad Commission of Texas by rule. The amount may not exceed
9-6 the maximum penalties provided for violations of current federal
9-7 regulations and their subsequent amendments under the Hazardous
9-8 Materials Regulations (49 C.F.R. Parts 101-199) and the Federal
9-9 Motor Carrier Safety Regulations (49 C.F.R. Parts 386 and 388-399).
9-10 The commission shall administer the penalty in the same manner as
9-11 provided by Section 4(a)(12), Chapter 314, Acts of the 41st
9-12 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
9-13 Civil Statutes) <not to exceed $200 for each day of noncompliance
9-14 or for each act of noncompliance. The action may be brought in any
9-15 court of competent jurisdiction in the county in which the
9-16 violation occurred>.
9-17 (k) A penalty recovered in a suit or an administrative
9-18 proceeding brought under this section shall be deposited to the
9-19 credit of the motor carrier enforcement <state highway> fund.
9-20 SECTION 13. Section 6bb, Chapter 314, Acts of the 41st
9-21 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
9-22 Civil Statutes), is repealed.
9-23 SECTION 14. (a) The changes in law made by Sections 3 and
9-24 12 of this Act apply only to an offense or a violation committed on
9-25 or after the effective date of this Act. For purposes of this
9-26 section, an offense or violation is committed before the effective
9-27 date of this Act if any element of the offense or violation occurs
9-28 before that date.
9-29 (b) An offense or violation committed before the effective
9-30 date of this Act is governed by the law in effect when the offense
9-31 or violation was committed, and the former law is continued in
9-32 effect for this purpose.
9-33 SECTION 15. On the effective date of this Act, a commercial
9-34 zone that was created by the Railroad Commission of Texas under
9-35 Subsection (g), Section 1, Chapter 314, Acts of the 41st
9-36 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
9-37 Civil Statutes), that exists on that date, and that contains a
9-38 portion of a county is reconfigured to include the remainder of
9-39 each county partially contained in the zone.
9-40 SECTION 16. (a) Except as provided by Subsection (b) of
9-41 this section, this Act takes effect September 1, 1993.
9-42 (b) Section 8 of this Act takes effect January 1, 1994.
9-43 SECTION 17. The importance of this legislation and the
9-44 crowded condition of the calendars in both houses create an
9-45 emergency and an imperative public necessity that the
9-46 constitutional rule requiring bills to be read on three several
9-47 days in each house be suspended, and this rule is hereby suspended.
9-48 * * * * *
9-49 Austin,
9-50 Texas
9-51 March 29, 1993
9-52 Hon. Bob Bullock
9-53 President of the Senate
9-54 Sir:
9-55 We, your Committee on State Affairs to which was referred S.B. No.
9-56 1313, have had the same under consideration, and I am instructed to
9-57 report it back to the Senate with the recommendation that it do
9-58 pass, as amended, and be printed.
9-59 Harris of
9-60 Dallas, Chairman
9-61 * * * * *
9-62 WITNESSES
9-63 FOR AGAINST ON
9-64 ___________________________________________________________________
9-65 Name: Tim Herman x
9-66 Representing: TMTA
9-67 City: Austin
9-68 -------------------------------------------------------------------
9-69 Name: Kevin Sheeran x
9-70 Representing: Tx Assn for Competitive Trans
10-1 City: Austin
10-2 -------------------------------------------------------------------
10-3 Name: Hampton Rogers x
10-4 Representing: Tx Motor Transportation
10-5 City: Austin
10-6 -------------------------------------------------------------------
10-7 Name: Timothy Mashburn x
10-8 Representing: TMTA
10-9 City: Austin
10-10 -------------------------------------------------------------------
10-11 Name: Ed Howard x
10-12 Representing: Wal-Mart Stores, Inc.
10-13 City: Austin
10-14 -------------------------------------------------------------------
10-15 Name: Dorothy Warren x
10-16 Representing: Austin White Lime Co.
10-17 City: Austin
10-18 -------------------------------------------------------------------
10-19 Name: Susan Jost
10-20 Representing: Sove Transport Service
10-21 City: Rockdale
10-22 -------------------------------------------------------------------
10-23 Name: Michael White x
10-24 Representing: Greater Houston Partnership
10-25 City: Houston
10-26 -------------------------------------------------------------------
10-27 Name: Patrick C. Lung x
10-28 Representing: Texas Tank Truck Carrier
10-29 City: Austin
10-30 -------------------------------------------------------------------
10-31 Name: Robert Howden x
10-32 Representing: Natl Fed Indep Business
10-33 City: Austin
10-34 -------------------------------------------------------------------
10-35 Name: Patrick C. Long x
10-36 Representing: Building Materials Carriers
10-37 City: Austin
10-38 -------------------------------------------------------------------
10-39 Name: Chris Shields x
10-40 Representing: Tx Chamber of Commerce
10-41 City: Austin
10-42 -------------------------------------------------------------------