By Seidlits H.B. No. 962
74R4518 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of commercial carriers; providing civil,
1-3 administrative, and criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 1, Title 116, Revised Statutes, is
1-6 amended by adding Article 6675c to read as follows:
1-7 Art. 6675c. COMMERCIAL CARRIER REGISTRATION
1-8 Sec. 1. DEFINITIONS. In this article:
1-9 (1) "Commercial carrier" means an individual,
1-10 association, corporation, or other legal entity that owns or
1-11 directs the operation of one or more vehicles that transport
1-12 persons or cargo over a road or highway in this state.
1-13 (2) "Hazardous material" has the meaning assigned by
1-14 49 App. U.S.C. Section 1802.
1-15 (3) "Household goods" has the meaning assigned by 49
1-16 U.S.C. Section 10102.
1-17 (4) "Insurer" means a person, including a surety,
1-18 authorized to write lines of insurance coverage required by this
1-19 article.
1-20 (5) "Tow truck" means a motor vehicle, including a
1-21 wrecker, equipped with a mechanical device used to tow, winch, or
1-22 otherwise move another motor vehicle.
1-23 (6) "Vehicle requiring registration" means a vehicle
1-24 described in Section 3(a) of this article.
2-1 Sec. 2. EXEMPTIONS. This article does not apply to:
2-2 (1) a motor vehicle registered under the single state
2-3 registration system established under 49 U.S.C. Section 11506(c)
2-4 when operating exclusively in interstate or international commerce;
2-5 (2) a motor vehicle registered as a cotton vehicle
2-6 under Section 5o, Chapter 88, General Laws, Acts of the 41st
2-7 Legislature, 2nd Called Session, 1929 (Article 6675a-5o, Vernon's
2-8 Texas Civil Statutes); or
2-9 (3) a motor vehicle the department by rule exempts
2-10 because the vehicle is subject to comparable registration or a
2-11 comparable safety program administered by another agency.
2-12 Sec. 3. REGISTRATION. (a) A commercial carrier may not
2-13 operate a commercial motor vehicle, as defined by Section 140A,
2-14 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
2-15 Texas Civil Statutes), or a tow truck on a road or highway of this
2-16 state unless the carrier registers with the department under this
2-17 article.
2-18 (b) An applicant for registration under this section must
2-19 submit an application to the department on a form prescribed by the
2-20 department. The application must include:
2-21 (1) the name of the owner and the principal business
2-22 address of the commercial carrier;
2-23 (2) the name and address of the legal agent for
2-24 service of process of the carrier in this state, if different;
2-25 (3) a description of each vehicle requiring
2-26 registration the carrier proposes to operate, including the motor
2-27 vehicle identification number, make, and unit number;
3-1 (4) a statement as to whether the carrier proposes to
3-2 transport household goods or hazardous materials;
3-3 (5) a declaration that the applicant has knowledge of
3-4 all laws and rules relating to motor carrier safety, including this
3-5 article, Article 6675d, Revised Statutes, and the Uniform Act
3-6 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
3-7 Statutes); and
3-8 (6) any other information the department by rule
3-9 determines is necessary for the safe operation of a carrier under
3-10 this article.
3-11 (c) The application must be filed with the department along
3-12 with:
3-13 (1) an application fee of $100 plus a $10 fee for each
3-14 vehicle requiring registration the commercial carrier proposes to
3-15 operate; and
3-16 (2) proof of insurance or financial responsibility as
3-17 required by Section 4(d) of this article.
3-18 (d) The department shall register a commercial carrier under
3-19 this section if the carrier meets the requirements of Subsections
3-20 (b) and (c) of this section. The department may deny a
3-21 registration if the applicant:
3-22 (1) at the time of making an application has an
3-23 unsatisfactory safety rating under 49 C.F.R. Part 385; or
3-24 (2) has had a registration revoked under Section 7 of
3-25 this article.
3-26 (e) The department shall issue a certificate containing a
3-27 single registration number to a commercial carrier, regardless of
4-1 the number of vehicles requiring registration the carrier operates.
4-2 The department shall issue a cab card as described by Section 5 of
4-3 this article for each vehicle requiring registration the commercial
4-4 carrier operates.
4-5 (f) The department may conditionally accept an incomplete
4-6 application for registration if the commercial carrier meets the
4-7 requirements of Subsection (c) of this section. The department
4-8 shall notify the commercial carrier of the incomplete status of the
4-9 application and the information required for completion. If the
4-10 commercial carrier fails to provide the information within 45 days
4-11 after the date the department provides notice of the incomplete
4-12 status, the application is considered withdrawn and the department
4-13 shall retain the fees required by Subsection (c)(1) of this
4-14 section.
4-15 (g) A commercial carrier required to register under this
4-16 article shall supplement the carrier's application for registration
4-17 before:
4-18 (1) the carrier transports hazardous materials or
4-19 household goods if the carrier has not provided notice to the
4-20 department in the carrier's initial or a supplemental application
4-21 for registration;
4-22 (2) the carrier operates a vehicle requiring
4-23 registration that is not listed on the carrier's initial or a
4-24 supplemental application for registration; or
4-25 (3) the carrier changes the carrier's principal
4-26 business address, legal agent, ownership, or name.
4-27 (h) The department shall prescribe the form of a
5-1 supplemental application for registration made under Subsection (g)
5-2 of this section. A commercial carrier may not operate an
5-3 additional vehicle requiring registration unless the carrier
5-4 provides proof of insurance or financial responsibility under
5-5 Section 4(d) of this article and pays a registration fee of $10 for
5-6 each additional vehicle the commercial carrier proposes to operate.
5-7 A registered commercial carrier may not begin transporting
5-8 household goods or hazardous materials unless the carrier provides
5-9 the department with proof of insurance or financial responsibility
5-10 under Section 4(d) of this article.
5-11 (i) A registration issued under this article is valid for
5-12 one year. The department may adopt a system under which
5-13 registrations expire at different times during the year. A
5-14 commercial carrier may renew a registration under this article by:
5-15 (1) supplementing the application with any new
5-16 information required under Subsection (g) of this section;
5-17 (2) paying a $10 fee for each vehicle requiring
5-18 registration the carrier operates; and
5-19 (3) providing proof of insurance or financial
5-20 responsibility as required by Section 4(d) of this article.
5-21 (j) The department may by rule provide for the temporary
5-22 registration of an international commercial carrier that provides
5-23 the same proof of insurance as is required for a domestic
5-24 commercial carrier.
5-25 Sec. 4. INSURANCE. (a) A commercial carrier that is
5-26 required to register under this article shall maintain liability
5-27 insurance in an amount set by the department for each vehicle
6-1 requiring registration the carrier operates. The department by
6-2 rule may set the amount of liability insurance required at an
6-3 amount that does not exceed the amount required for a motor carrier
6-4 under federal regulations adopted under 49 U.S.C. Section
6-5 10927(a)(1). In setting the amount the department shall consider:
6-6 (1) the class and size of the vehicle; and
6-7 (2) the type of persons or cargo being transported.
6-8 (b) A commercial carrier required to register under this
6-9 article transporting household goods shall maintain cargo insurance
6-10 in the same amount required for a motor carrier transporting
6-11 household goods under federal law.
6-12 (c) A commercial carrier may meet the insurance requirements
6-13 of Subsections (a) and (b) of this section through self-insurance
6-14 if the carrier demonstrates to the department that it can satisfy
6-15 its obligations for bodily injury and property damage liability.
6-16 The department shall adopt rules that, in the interest of public
6-17 safety, provide for a responsible system of self-insurance for a
6-18 commercial carrier.
6-19 (d) A commercial carrier that is required to register under
6-20 this article must file with the department proof of insurance in
6-21 the amounts required by Subsections (a) and (b) of this section, or
6-22 proof of financial responsibility as described by Subsection (c) of
6-23 this section, in a form prescribed by the department. The form
6-24 must be filed:
6-25 (1) at the time of the initial registration;
6-26 (2) at each subsequent renewal of the registration;
6-27 (3) at the time a commercial carrier makes a
7-1 supplemental registration under Section 3(g)(1) of this article;
7-2 (4) at the time of a subsequent registration, if the
7-3 commercial carrier was required to be continuously registered under
7-4 this article and the carrier failed to maintain continuous
7-5 registration;
7-6 (5) at the time a commercial carrier changes insurers;
7-7 and
7-8 (6) at the time a commercial carrier changes
7-9 ownership, as determined by rules adopted by the department.
7-10 (e) A commercial carrier shall keep proof of insurance in a
7-11 form approved by the department in the cab of each vehicle
7-12 requiring registration the carrier operates.
7-13 (f) The department may charge a fee of $100 for a filing
7-14 made under Subsection (d)(1), (3), (4), (5), or (6) of this
7-15 section.
7-16 (g) An insurer may not terminate coverage provided to a
7-17 commercial carrier registered under this article unless the insurer
7-18 provides the department with 30 days' notice.
7-19 (h) Notice under Subsection (g) of this section must be in a
7-20 form approved by the department and the Texas Department of
7-21 Insurance. The department shall notify the Department of Public
7-22 Safety of each notice filed under Subsection (g) of this section.
7-23 (i) If an insurer for a commercial carrier becomes
7-24 insolvent, is placed in receivership, or had its certificate of
7-25 authority suspended or revoked and if the carrier no longer has
7-26 insurance coverage as required by this section, the carrier shall
7-27 file with the department, not later than the 10th day after the
8-1 date the coverage lapses:
8-2 (1) proof of insurance as required by Subsection (d)
8-3 of this section; and
8-4 (2) an affidavit that:
8-5 (A) indicates that an accident from which the
8-6 carrier may incur liability did not occur during the period when
8-7 the coverage was not in effect; or
8-8 (B) contains a plan acceptable to the department
8-9 indicating how the carrier will satisfy claims of liability against
8-10 the carrier for an accident that occurred during the period when
8-11 the coverage was not in effect.
8-12 (j) The department may not require a commercial carrier
8-13 required to register under this article to carry workers'
8-14 compensation or similar insurance coverage.
8-15 Sec. 5. CAB CARDS. (a) The department shall issue a cab
8-16 card for each vehicle requiring registration operated by a
8-17 commercial carrier. The card must contain the registration number
8-18 of the certificate issued under Section 3(e) of this article, the
8-19 vehicle unit number, the vehicle identification number, and a
8-20 statement that the vehicle is registered to operate under this
8-21 article. The department shall issue cab cards annually at the time
8-22 a commercial carrier pays a registration fee under Section 3 of
8-23 this article. The department may charge a fee of $1 for each cab
8-24 card issued. A commercial carrier required to register under this
8-25 article must keep the cab card in the cab of each vehicle requiring
8-26 registration the carrier operates.
8-27 (b) The department may order a commercial carrier to
9-1 surrender a cab card if the carrier's registration is suspended or
9-2 revoked under Section 7 of this article.
9-3 (c) If the department determines that the cab card system
9-4 described in Subsection (a) of this section is no longer an
9-5 efficient means of enforcing this article, the department may adopt
9-6 by rule an alternative method that is accessible by law enforcement
9-7 personnel in the field to allow for the enforcement of the annual
9-8 registration of vehicles for compliance with this article.
9-9 Sec. 6. ADMINISTRATIVE PENALTY BY TEXAS DEPARTMENT OF
9-10 TRANSPORTATION. (a) The department may impose an administrative
9-11 penalty against a commercial carrier required to register under
9-12 this article who violates a provision of Section 3, 4, 5, 8, or 12
9-13 of this article or a rule or order adopted under those sections.
9-14 (b) The penalty for a violation may be in an amount not to
9-15 exceed $5,000. If it is found that the commercial carrier
9-16 knowingly committed a violation, the penalty for a violation may
9-17 not exceed $15,000. If it is found that the commercial carrier
9-18 knowingly committed multiple violations, the aggregate penalty for
9-19 the multiple violations may not exceed $30,000. Each day a
9-20 violation continues or occurs is a separate violation for purposes
9-21 of imposing a penalty.
9-22 (c) The amount of the penalty shall be based on:
9-23 (1) the seriousness of the violation, including the
9-24 nature, circumstances, extent, and gravity of any prohibited acts,
9-25 and the hazard or potential hazard created to the health, safety,
9-26 or economic welfare of the public;
9-27 (2) the economic harm to property or the environment
10-1 caused by the violation;
10-2 (3) the history of previous violations;
10-3 (4) the amount necessary to deter future violations;
10-4 (5) efforts to correct the violation; and
10-5 (6) any other matter that justice may require.
10-6 (d) A director who determines that a violation has occurred
10-7 may issue to the commission a report that states the facts on which
10-8 the determination is based and a recommendation on the imposition
10-9 and amount of any penalty.
10-10 (e) Within 14 days after the date the report is issued, the
10-11 director shall give written notice of the report to the commercial
10-12 carrier. The notice may be given by certified mail. The notice
10-13 must include a brief summary of the alleged violation and a
10-14 statement of the amount of the recommended penalty and must inform
10-15 the commercial carrier that the carrier has a right to a hearing on
10-16 the occurrence of the violation, the amount of the penalty, or both
10-17 the occurrence of the violation and the amount of the penalty.
10-18 (f) Within 20 days after the date the commercial carrier
10-19 receives the notice, the carrier in writing may accept the
10-20 determination and recommended penalty of the director or may make a
10-21 written request for a hearing on the occurrence of the violation,
10-22 the amount of the penalty, or both the occurrence of the violation
10-23 and the amount of the penalty. The department may, on the request
10-24 of the person, hold an informal hearing to discuss a penalty
10-25 recommended under this article. The director may modify a
10-26 recommendation for penalty at the conclusion of the informal
10-27 hearing.
11-1 (g) If the commercial carrier accepts the determination and
11-2 recommended penalty of the director, the commission by order shall
11-3 approve the determination and impose the recommended penalty.
11-4 (h) If the commercial carrier requests a hearing or fails to
11-5 respond timely to the notice, the director shall set a hearing and
11-6 give notice of the hearing to the carrier. The hearing shall be
11-7 held by an administrative law judge of the State Office of
11-8 Administrative Hearings. The administrative law judge shall make
11-9 findings of fact and conclusions of law and promptly issue to the
11-10 commission a proposal for a decision about the occurrence of the
11-11 violation and the amount of a proposed penalty. Based on the
11-12 findings of fact, conclusions of law, and proposal for a decision,
11-13 the commission by order may find that a violation has occurred and
11-14 impose a penalty or may find that no violation occurred.
11-15 (i) The notice of the commission's order given to the
11-16 commercial carrier under Chapter 2001, Government Code, must
11-17 include a statement of the right of the carrier to judicial review
11-18 of the order.
11-19 (j) Within 30 days after the date the commission's order
11-20 becomes final as provided by Section 2001.144, Government Code, the
11-21 commercial carrier shall:
11-22 (1) pay the amount of the penalty;
11-23 (2) pay the amount of the penalty and file a petition
11-24 for judicial review contesting the occurrence of the violation, the
11-25 amount of the penalty, or both the occurrence of the violation and
11-26 the amount of the penalty; or
11-27 (3) without paying the amount of the penalty, file a
12-1 petition for judicial review contesting the occurrence of the
12-2 violation, the amount of the penalty, or both the occurrence of the
12-3 violation and the amount of the penalty.
12-4 (k) Within the 30-day period, a commercial carrier who acts
12-5 under Subsection (j)(3) of this section may:
12-6 (1) stay enforcement of the penalty by:
12-7 (A) paying the amount of the penalty to the
12-8 court for placement in an escrow account; or
12-9 (B) giving to the court a supersedeas bond that
12-10 is approved by the court for the amount of the penalty and that is
12-11 effective until all judicial review of the commission's order is
12-12 final; or
12-13 (2) request the court to stay enforcement of the
12-14 penalty by:
12-15 (A) filing with the court a sworn affidavit of
12-16 the person stating that the person is financially unable to pay the
12-17 amount of the penalty and is financially unable to give the
12-18 supersedeas bond; and
12-19 (B) giving a copy of the affidavit to the
12-20 director by certified mail.
12-21 (l) A director who receives a copy of an affidavit under
12-22 Subsection (k)(2) of this section may file with the court, within
12-23 five days after the date the copy is received, a contest to the
12-24 affidavit. The court shall hold a hearing on the facts alleged in
12-25 the affidavit as soon as practicable and shall stay the enforcement
12-26 of the penalty on finding that the alleged facts are true. The
12-27 commercial carrier who files an affidavit has the burden of proving
13-1 that the carrier is financially unable to pay the amount of the
13-2 penalty and to give a supersedeas bond.
13-3 (m) If the commercial carrier does not pay the amount of the
13-4 penalty and the enforcement of the penalty is not stayed, the
13-5 director may refer the matter to the attorney general for
13-6 collection of the amount of the penalty.
13-7 (n) Judicial review of the order of the commission:
13-8 (1) is instituted by filing a petition as provided by
13-9 Subchapter G, Chapter 2001, Government Code; and
13-10 (2) is under the substantial evidence rule.
13-11 (o) If the court sustains the occurrence of the violation,
13-12 the court may uphold or reduce the amount of the penalty and order
13-13 the commercial carrier to pay the full or reduced amount of the
13-14 penalty. If the court does not sustain the occurrence of the
13-15 violation, the court shall order that no penalty is owed.
13-16 (p) When the judgment of the court becomes final, the court
13-17 shall proceed under this subsection. If the commercial carrier
13-18 paid the amount of the penalty and if that amount is reduced or is
13-19 not upheld by the court, the court shall order that the appropriate
13-20 amount plus accrued interest be remitted to the person. The rate
13-21 of the interest is the rate charged on loans to depository
13-22 institutions by the New York Federal Reserve Bank, and the interest
13-23 shall be paid for the period beginning on the date the penalty was
13-24 paid and ending on the date the penalty is remitted. If the
13-25 commercial carrier gave a supersedeas bond and if the amount of the
13-26 penalty is not upheld by the court, the court shall order the
13-27 release of the bond. If the commercial carrier gave a supersedeas
14-1 bond and if the amount of the penalty is reduced, the court shall
14-2 order the release of the bond after the carrier pays the amount.
14-3 (q) All proceedings under this section are subject to
14-4 Chapter 2001, Government Code.
14-5 Sec. 7. SUSPENSION AND REVOCATION OF REGISTRATION. (a) The
14-6 department may suspend or revoke a registration issued under this
14-7 article if:
14-8 (1) a commercial carrier fails to maintain insurance
14-9 as required by Section 4(a) or (b) of this article;
14-10 (2) a commercial carrier fails to keep proof of
14-11 insurance in the cab of each vehicle as required by Section 4(e) of
14-12 this article;
14-13 (3) a commercial carrier fails to register a vehicle
14-14 requiring registration;
14-15 (4) a commercial carrier knowingly provides false
14-16 information on any form filed with the department under this
14-17 section; or
14-18 (5) the Department of Public Safety recommends to the
14-19 department suspension or revocation because of multiple violations
14-20 by a commercial carrier of a provision of Article 6675d, Revised
14-21 Statutes, or a rule adopted under that article or the Uniform Act
14-22 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
14-23 Statutes).
14-24 (b) A suspension or revocation made under Subsection (a) of
14-25 this section is a contested case under Chapter 2001, Government
14-26 Code.
14-27 Sec. 8. ECONOMIC REGULATION. (a) Except as provided by
15-1 this section, the department may not regulate the prices, routes,
15-2 or services provided by a commercial carrier.
15-3 (b) The department shall establish voluntary standards for
15-4 uniform cargo liability, uniform bills of lading or receipts for
15-5 cargo being transported, and uniform cargo credit. A standard
15-6 adopted under this section must be consistent with Subtitle IV,
15-7 Title 49, United States Code, or a regulation adopted under that
15-8 law.
15-9 (c) The department shall adopt rules to protect consumers
15-10 who use the services of a commercial carrier who is required to
15-11 register under Section 3 of this article and who is transporting
15-12 household goods that are at least as stringent as the corresponding
15-13 provisions of law in Subtitle IV, Title 49, United States Code, or
15-14 a regulation issued under that law. The department may adopt rules
15-15 under this subsection that are more stringent than the
15-16 corresponding federal provisions. The department shall adopt a
15-17 rule requiring a commercial carrier transporting household goods to
15-18 list a place of business with a street address in this state in any
15-19 print advertising published in this state.
15-20 (d) A rule adopted under Subsection (c) of this section
15-21 requiring a commercial carrier transporting household goods to
15-22 offer insurance for the full value of a customer's property does
15-23 not constitute the unauthorized practice of the insurance business
15-24 under Article 1.14-1, Insurance Code.
15-25 Sec. 9. ANTITRUST EXEMPTION. (a) Chapter 15, Business &
15-26 Commerce Code, does not apply to a discussion or agreement between
15-27 a commercial carrier who is required to register under Section 3 of
16-1 this article and who transports household goods and an agent of the
16-2 carrier involving:
16-3 (1) the following matters if they occur under the
16-4 authority of the principal carrier:
16-5 (A) rates for the transportation of household
16-6 goods;
16-7 (B) access, terminal, storage, or other charges
16-8 incidental to the transportation of household goods; or
16-9 (C) allowances relating to the transportation of
16-10 household goods; or
16-11 (2) ownership of the carrier by the agent or
16-12 membership on the board of directors of the carrier by the agent.
16-13 (b) An agent under Subsection (a) of this section may itself
16-14 be a commercial carrier required to register under Section 3 of
16-15 this article.
16-16 (c) The department may by rule exempt a commercial carrier
16-17 required to register under Section 3 of this article from Chapter
16-18 15, Business & Commerce Code, for an activity relating to the
16-19 establishment of joint line rates, routes, classifications, or
16-20 mileage guides.
16-21 Sec. 10. CRIMINAL PENALTY. (a) A person commits an offense
16-22 if the person fails to:
16-23 (1) register as required by Section 3 of this article;
16-24 (2) maintain insurance as required by Section 4 of
16-25 this article; or
16-26 (3) keep a cab card in the cab of a vehicle as
16-27 required by Section 5(a) of this article.
17-1 (b) An offense under this section is a Class C misdemeanor.
17-2 Sec. 11. TOW TRUCK REGULATION BY MUNICIPALITY. (a) In
17-3 addition to the registration requirements of this article, a
17-4 municipality may regulate the operation of a tow truck to the
17-5 extent allowed by federal law.
17-6 (b) A municipality may not require the registration of a tow
17-7 truck that performs consent tows unless the owner of the tow truck
17-8 has a place of business in the territory of the municipality.
17-9 (c) A municipality may require the registration of a tow
17-10 truck that performs a non-consent tow, regardless of whether the
17-11 owner of the tow truck has a place of business in the territory of
17-12 the municipality.
17-13 (d) A municipality may not require a person who has a
17-14 driver's license or commercial driver's license to obtain a license
17-15 or permit for operating a tow truck unless the person performs
17-16 non-consent tows in the territory of the municipality. The fee
17-17 charged for a license may not exceed $15.
17-18 (e) In this section:
17-19 (1) "Commercial driver's license" has the meaning
17-20 assigned by Section 3, Texas Commercial Driver's License Act
17-21 (Article 6687b-2, Revised Statutes).
17-22 (2) "Consent tow" means the towing of a vehicle with
17-23 the consent of the owner or operator of the vehicle.
17-24 (3) "Driver's license" has the meaning assigned by
17-25 Section 1, Chapter 173, Acts of the 47th Legislature, Regular
17-26 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes).
17-27 (4) "Non-consent tow" means the towing of a vehicle
18-1 without the consent of the owner or operator of the vehicle.
18-2 Sec. 12. SINGLE STATE REGISTRATION. (a) The department
18-3 shall, to the fullest extent practicable, participate in the single
18-4 state registration system established under 49 U.S.C. Section
18-5 11506.
18-6 (b) The department may charge a motor carrier holding a
18-7 permit issued under Subtitle IV, Title 49, United States Code, a
18-8 fee for filing proof of insurance consistent with 49 U.S.C. Section
18-9 11506 not to exceed the maximum fee established under federal law.
18-10 Sec. 13. RULES. The department may adopt rules as necessary
18-11 to administer this article.
18-12 SECTION 2. Chapter 1, Title 116, Revised Statutes, is
18-13 amended by adding Article 6675d to read as follows:
18-14 Art. 6675d. COMMERCIAL MOTOR VEHICLE SAFETY STANDARDS
18-15 Sec. 1. DEFINITIONS. In this article:
18-16 (1) "Commercial motor vehicle" has the meaning
18-17 assigned by Section 140A, Uniform Act Regulating Traffic on
18-18 Highways (Article 6701d, Vernon's Texas Civil Statutes).
18-19 (2) "Department" means the Department of Public Safety
18-20 of the State of Texas.
18-21 (3) "Director" means the public safety director.
18-22 (4) "Federal hazardous material regulation" means a
18-23 federal regulation in 49 C.F.R. Parts 101-199.
18-24 (5) "Federal motor carrier safety regulation" means a
18-25 federal regulation in 49 C.F.R. Part 382, 385, or 386 or Parts
18-26 388-399.
18-27 (6) "Federal safety regulation" means a federal
19-1 hazardous material regulation or a federal motor carrier safety
19-2 regulation.
19-3 Sec. 2. CONFLICTS OF LAW. (a) A federal motor carrier
19-4 safety regulation prevails over a conflicting provision of this
19-5 article or a rule adopted by the director under this article.
19-6 (b) A safety rule adopted under this article prevails over a
19-7 conflicting rule adopted by a local government, authority, or state
19-8 agency or officer, other than a conflicting rule adopted by the
19-9 Railroad Commission of Texas under Chapter 113, Natural Resources
19-10 Code.
19-11 Sec. 3. AUTHORITY TO ADOPT RULES. (a) The director shall,
19-12 after notice and a public hearing, adopt rules regulating:
19-13 (1) the safe transportation of hazardous materials;
19-14 and
19-15 (2) the safe operation of commercial motor vehicles.
19-16 (b) A rule adopted under this article must be consistent
19-17 with federal regulations, including federal safety regulations.
19-18 (c) The director may adopt all or part of the federal safety
19-19 regulations by reference.
19-20 (d) Rules adopted under this article must ensure that:
19-21 (1) a commercial motor vehicle is safely maintained,
19-22 equipped, loaded, and operated;
19-23 (2) the responsibilities imposed on a commercial motor
19-24 vehicle's operator do not impair the operator's ability to safely
19-25 operate the vehicle;
19-26 (3) the physical condition of a commercial motor
19-27 vehicle's operator enables the operator to safely operate the
20-1 vehicle; and
20-2 (4) a person is able to pay or assure the payment of
20-3 damages for liability for accidents arising from the person's
20-4 ownership, maintenance, or use of a commercial motor vehicle.
20-5 (e) A motor carrier safety rule adopted by a local
20-6 government, authority, or state agency or officer must be
20-7 consistent with corresponding federal regulations.
20-8 Sec. 4. APPLICABILITY OF RULES. (a) Notwithstanding an
20-9 exemption provided in the federal safety regulations, other than an
20-10 exemption relating to intracity or commercial zone operations
20-11 provided in 49 C.F.R. Part 395, a rule adopted by the director
20-12 under this article is uniformly applicable throughout this state.
20-13 (b) A rule adopted under this article applies to a vehicle
20-14 that requires hazardous material placarding.
20-15 (c) A rule adopted under this article may not apply to a
20-16 vehicle that is operated intrastate and that is:
20-17 (1) a machine generally consisting of a mast, engine,
20-18 draw works, and chassis permanently constructed or assembled to be
20-19 used and used in oil or water well servicing or drilling;
20-20 (2) a mobile crane that is an unladen, self-propelled
20-21 vehicle constructed as a machine to raise, shift, or lower weight;
20-22 or
20-23 (3) a vehicle transporting a seed cotton module.
20-24 Sec. 5. LIMITATIONS OF RULES. (a) A rule adopted under
20-25 this article may not:
20-26 (1) prevent an intrastate operator from operating a
20-27 vehicle up to 12 hours following eight consecutive hours off;
21-1 (2) require a person to meet the medical standards
21-2 provided in the federal motor carrier safety regulations if the
21-3 person:
21-4 (A) was regularly employed in this state as a
21-5 commercial motor vehicle operator in intrastate commerce before
21-6 August 28, 1989; and
21-7 (B) is not transporting property that requires a
21-8 hazardous material placard; or
21-9 (3) require a person to maintain a government form,
21-10 separate company form, operator's record of duty status, or
21-11 operator's daily log for operations within a 150-mile radius of the
21-12 normal work-reporting location if a general record of an operator's
21-13 hours of service can be compiled from:
21-14 (A) business records maintained by the owner
21-15 that provide the date, time, and location of the delivery of a
21-16 product or service; or
21-17 (B) documents required to be maintained by law,
21-18 including delivery tickets or sales invoices, that provide the date
21-19 of delivery and the quantity of merchandise delivered.
21-20 (b) For purposes of Subsection (a)(3)(A) of this section, an
21-21 owner's business records generally include:
21-22 (1) the time an operator reports for duty each day;
21-23 (2) the number of hours an operator is on duty each
21-24 day;
21-25 (3) the time an operator is released from duty each
21-26 day; and
21-27 (4) an operator's signed statement in compliance with
22-1 49 C.F.R. Part 395.8(j)(2).
22-2 Sec. 6. CERTIFICATION OF MUNICIPAL PEACE OFFICERS. (a) The
22-3 department shall establish procedures, including training, for the
22-4 certification of municipal peace officers to enforce this article.
22-5 (b) A peace officer of a municipality having a population of
22-6 100,000 or more is eligible to apply for certification under this
22-7 section.
22-8 (c) The department by rule shall establish reasonable fees
22-9 sufficient to recover from a municipality the cost of certifying
22-10 its peace officers under this section.
22-11 Sec. 7. MUNICIPAL ENFORCEMENT REQUIREMENTS. (a) The
22-12 department by rule may establish uniform standards for municipal
22-13 enforcement of this article.
22-14 (b) A municipality that engages in enforcement under this
22-15 article:
22-16 (1) shall pay all costs relating to the municipality's
22-17 enforcement; and
22-18 (2) may not be considered, in the context of a federal
22-19 grant related to this article:
22-20 (A) a party to a federal grant agreement; or
22-21 (B) a grantee under a federal grant to the
22-22 department.
22-23 (c) Municipal enforcement under Section 8(b) of this article
22-24 is not considered departmental enforcement for purposes of
22-25 maintaining levels of effort required by a federal grant.
22-26 Sec. 8. DETENTION OF VEHICLES. (a) An officer of the
22-27 department may enter or detain on a highway a motor vehicle that is
23-1 subject to this article.
23-2 (b) A peace officer who is certified under Section 6 of this
23-3 article may detain on a highway within the municipality a motor
23-4 vehicle that is subject to this article.
23-5 Sec. 9. INSPECTION OF PREMISES. (a) An officer or employee
23-6 of the department who has been certified for the purpose by the
23-7 director may enter a commercial carrier's premises to:
23-8 (1) inspect real property, including a building, or
23-9 equipment; or
23-10 (2) copy or verify the correctness of documents,
23-11 including records or reports, required to be kept or made by rules
23-12 adopted under this article.
23-13 (b) The officer or employee may conduct the inspection:
23-14 (1) at a reasonable time;
23-15 (2) on stating the purpose of the inspection; and
23-16 (3) by presenting to the commercial carrier:
23-17 (A) appropriate credentials; and
23-18 (B) a written statement from the department to
23-19 the commercial carrier indicating the officer's or employee's
23-20 authority to inspect.
23-21 Sec. 10. CRIMINAL OFFENSE. (a) A person commits an offense
23-22 if the person:
23-23 (1) violates a rule adopted under this article; or
23-24 (2) does not permit an inspection authorized under
23-25 Section 11 of this article.
23-26 (b) An offense under this section is a Class C misdemeanor.
23-27 (c) Each day a violation continues under Subsection (a)(1)
24-1 of this section or each day a person refuses to allow an inspection
24-2 described under Subsection (a)(2) of this section constitutes a
24-3 separate offense.
24-4 Sec. 11. CIVIL PENALTY. (a) A person who does not permit
24-5 an inspection authorized by Section 9 of this article is liable to
24-6 the state for a civil penalty not to exceed $1,000.
24-7 (b) The attorney general may sue to collect the penalty in:
24-8 (1) the county in which the violation is alleged to
24-9 have occurred; or
24-10 (2) Travis County.
24-11 (c) The penalty provided by this section is in addition to
24-12 the penalty provided by Section 10 of this article.
24-13 (d) Each day a person refuses to permit an inspection
24-14 described by Subsection (a) constitutes a separate violation for
24-15 purposes of imposing a penalty.
24-16 Sec. 12. ADMINISTRATIVE PENALTY. (a) The department may
24-17 impose an administrative penalty against a person who violates:
24-18 (1) a rule adopted under this article; or
24-19 (2) a provision of the Uniform Act Regulating Traffic
24-20 on Highways (Article 6701d, Vernon's Texas Civil Statutes) that the
24-21 department by rule subjects to administrative penalties.
24-22 (b) To be designated as subject to administrative penalties
24-23 under Subsection (a)(2) of this section, a provision must relate to
24-24 the safe operation of a commercial motor vehicle.
24-25 (c) A penalty under this section may not exceed the maximum
24-26 penalty provided for violations of a similar federal safety
24-27 regulation.
25-1 (d) A penalty under this section shall be administered in
25-2 the same manner as a penalty under Section 6, Article 6675c,
25-3 Revised Statutes.
25-4 Sec. 13. SUIT FOR INJUNCTION. (a) The attorney general
25-5 shall sue to enjoin a violation or a threatened violation of a rule
25-6 adopted under this article if requested by the director.
25-7 (b) The suit must be brought in the county in which the
25-8 violation or threat is alleged to have occurred.
25-9 (c) The court may grant the director, without bond or other
25-10 undertaking:
25-11 (1) a prohibitory or mandatory injunction, including a
25-12 temporary restraining order; or
25-13 (2) after notice and hearing, a temporary or permanent
25-14 injunction.
25-15 Sec. 14. SAFETY AUDIT PROGRAM. The department shall
25-16 implement and enforce a safety audit program similar to the federal
25-17 program established under 49 C.F.R. Part 385 for a person who owns
25-18 or operates a commercial motor vehicle not subject to safety audits
25-19 by the federal government.
25-20 Sec. 15. RULES. The department may adopt rules as necessary
25-21 to administer this article.
25-22 SECTION 3. Chapter 6, Title 25, Revised Statutes, is amended
25-23 by adding Article 911m to read as follows:
25-24 Art. 911m. MOTOR TRANSPORTATION BROKERS
25-25 Sec. 1. DEFINITION. In this article, "motor transportation
25-26 broker" means:
25-27 (1) a person who sells, offers for sale, provides, or
26-1 negotiates for the transportation of cargo by a motor carrier
26-2 operated by another person; or
26-3 (2) a person who aids and abets a person in performing
26-4 an activity described in Subdivision (1) of this section.
26-5 Sec. 2. BOND REQUIRED. (a) A person may not act as a motor
26-6 transportation broker unless the person provides a bond to the
26-7 Texas Department of Transportation as required by this section.
26-8 (b) The bond must:
26-9 (1) be in an amount of at least $10,000 executed by a
26-10 bonding company authorized to do business in this state;
26-11 (2) be payable to this state or a person to whom the
26-12 motor transportation broker provides services; and
26-13 (3) be conditioned on the performance of the contract
26-14 for transportation services between the broker and the person for
26-15 whom services are provided.
26-16 (c) The department may charge the broker a bond review fee
26-17 in an amount not to exceed the cost of reviewing the bond.
26-18 Sec. 3. CRIMINAL PENALTY. (a) A person commits an offense
26-19 if the person fails to provide a bond as required by this section.
26-20 (b) An offense under this section is a Class C misdemeanor.
26-21 SECTION 4. Section 41.03, Alcoholic Beverage Code, is
26-22 amended to read as follows:
26-23 Sec. 41.03. Eligibility for Permit. A carrier permit may be
26-24 issued to:
26-25 (1) a water carrier;
26-26 (2) an airline;
26-27 (3) a railway; <or>
27-1 (4) a commercial carrier registered under Article
27-2 6675c, Revised Statutes; or
27-3 (5) a common carrier operating <under a certificate of
27-4 convenience and necessity issued by the Railroad Commission of
27-5 Texas or> under a certificate issued by the Interstate Commerce
27-6 Commission.
27-7 SECTION 5. Section 42.03, Alcoholic Beverage Code, is
27-8 amended to read as follows:
27-9 Sec. 42.03. Application of Motor Carrier Laws. A person
27-10 desiring to transport liquor for hire <must first secure a
27-11 certificate or permit from the Railroad Commission in accordance
27-12 with the applicable motor carrier laws, and he> shall comply with
27-13 the provisions of the motor carrier laws when engaging in the
27-14 business of transporting liquor for hire.
27-15 SECTION 6. Section 67.01, Alcoholic Beverage Code, is
27-16 amended to read as follows:
27-17 Sec. 67.01. Authorized Activities. A holder of an
27-18 importer's license may import beer into this state only from the
27-19 holder of a nonresident manufacturer's license. The beer may be
27-20 transported by a railway carrier, a commercial carrier registered
27-21 under Article 6675c, Revised Statutes, or by a common motor carrier
27-22 operated under a certificate <of convenience and necessity> issued
27-23 by <the Railroad Commission of Texas or by> the Interstate Commerce
27-24 Commission. Each carrier must hold a carrier's permit issued under
27-25 Chapter 41 of this code. All provisions of Chapter 41 relating to
27-26 the transportation of liquor also apply to the transportation of
27-27 beer. A carrier may not transport beer into the state unless it is
28-1 consigned to an importer.
28-2 SECTION 7. Section 201.073, Labor Code, is amended to read
28-3 as follows:
28-4 Sec. 201.073. Delivery Service; Newspaper Delivery Service.
28-5 In this subtitle, "employment" does not include:
28-6 (1) service performed for compensation by an
28-7 individual for a private for-profit delivery service <that operates
28-8 only in a commercial zone as defined and prescribed by the Railroad
28-9 Commission of Texas under Section 1(g), Chapter 314, Acts of the
28-10 41st Legislature, Regular Session, 1929 (Article 911b, Vernon's
28-11 Texas Civil Statutes),> if the individual:
28-12 (A) may accept or reject a job from the delivery
28-13 service;
28-14 (B) is free from control by the delivery service
28-15 as to when the individual works;
28-16 (C) is compensated for each delivery or is
28-17 compensated based on factors relating to the work performed,
28-18 including receipt of a percentage of a rate schedule;
28-19 (D) controls solely the opportunity for profit
28-20 or loss;
28-21 (E) pays all expenses and operating costs,
28-22 including fuel, repairs, supplies, and motor vehicle insurance;
28-23 (F) determines the method of performing the
28-24 service, including selection of routes and order of deliveries;
28-25 (G) is responsible for completion of a specific
28-26 job and is liable for failure to complete the job;
28-27 (H) enters into a contract that specifies the
29-1 relationship of the individual to the delivery service to be that
29-2 of an independent contractor and not an employee; and
29-3 (I) provides the vehicle used to perform the
29-4 service; or
29-5 (2) service by an individual younger than 18 years of
29-6 age in the delivery or distribution of newspapers or shopping news,
29-7 except delivery or distribution to any location for subsequent
29-8 delivery or distribution.
29-9 SECTION 8. Section 154.001(3), Tax Code, is amended to read
29-10 as follows:
29-11 (3) "Common carrier" means a commercial <motor>
29-12 carrier registered under Article 6675c, Revised Statutes, or a
29-13 motor carrier operating under a certificate issued by the
29-14 Interstate Commerce Commission <that transports goods owned by
29-15 others for hire and is regulated by the Railroad Commission of
29-16 Texas>.
29-17 SECTION 9. Section 155.001(3), Tax Code, is amended to read
29-18 as follows:
29-19 (3) "Common carrier" means a commercial <motor>
29-20 carrier registered under Article 6675c, Revised Statutes, or a
29-21 motor carrier operating under a certificate issued by the
29-22 Interstate Commerce Commission <that transports goods owned by
29-23 others for hire and is regulated by the Railroad Commission of
29-24 Texas>.
29-25 SECTION 10. Article 883, Revised Statutes, is amended to
29-26 read as follows:
29-27 Art. 883. Liability fixed; exceptions for rates based on
30-1 value; evidence; notice of claim may be required. Railroad
30-2 companies, and other carriers of passengers, goods, wares, and
30-3 merchandise for hire, within this state, on land, or in boats or
30-4 vessels on the waters entirely within this state, shall not limit
30-5 or restrict their liability as it exists at common law, by any
30-6 general or special notice, or by inserting exceptions in the bill
30-7 of lading or memorandum given upon the receipt of the goods for
30-8 transportation or in any other manner whatsoever, unless the
30-9 limitation or restriction is in conspicuous writing.<; provided,
30-10 however, that the provisions hereof respecting liabilities of
30-11 carriers as it exists at common law for loss, damage, or injury to
30-12 baggage and personal effects of passengers transported incident to
30-13 the carriage of persons, goods, wares, and merchandise shall not
30-14 apply to property received for transportation concerning which the
30-15 carriers shall have been or shall hereafter be expressly authorized
30-16 or required by order of the Railroad Commission of Texas to
30-17 establish and maintain rates dependent upon the value declared in
30-18 writing by the shipper of the property or agreed upon in writing as
30-19 the released value of the property, in which case, such declaration
30-20 or agreement shall have no effect other than to limit liability and
30-21 recovery to an amount not exceeding the value so declared or
30-22 released, and so far as relates to values, shall be valid and is
30-23 not hereby prohibited. The Railroad Commission of Texas is hereby
30-24 authorized to fix and establish just and reasonable rates for
30-25 transportation of goods, wares, and merchandise described by
30-26 commodities or articles or by generic grouping of commodities or
30-27 articles, and the baggage and personal effects of passengers,
31-1 dependent upon the value thereof declared in writing, or agreed
31-2 upon in writing by the shipper or passenger as the agreed value,
31-3 under the circumstances and conditions surrounding such
31-4 transportation.> Provided further, that a requirement of a notice
31-5 or claim consistent with the provisions of Article 5546 of the
31-6 Revised Civil Statutes of Texas, 1925, as heretofore amended, as a
31-7 condition precedent to the enforcement of any claim or loss, damage
31-8 and delay or either, or any of them, whether inserted in a bill of
31-9 lading or other contract or arrangement for carriage, or otherwise
31-10 provided, shall be valid and is not hereby prohibited.
31-11 SECTION 11. Article 883(a), Revised Statutes, is amended to
31-12 read as follows:
31-13 Art. 883(a). A <No specialized> motor carrier of household
31-14 goods, as defined by 49 U.S.C. Section 10102, may not <or other
31-15 carrier for hire, including the carriers referred to in said
31-16 Article 883, shall> be required to accept for transportation
31-17 household goods<, personal effects or used office furniture and
31-18 equipment,> unless the shipper or owner thereof or his agent shall
31-19 first declare in writing the reasonable value thereof. The carrier
31-20 shall not be liable in damages for an amount in excess of such
31-21 declared value for the loss, destruction or damage of such
31-22 property. <The Railroad Commission shall establish adequate rates
31-23 consistent with such declared values to be assessed and collected
31-24 by such carriers. If the Railroad Commission fails to establish
31-25 such rates, then in that event such carriers are authorized to
31-26 collect reasonable transportation charges consistent with the
31-27 declared value of such property.>
32-1 SECTION 12. Article 911k, Revised Statutes, is amended to
32-2 read as follows:
32-3 Art. 911k. MOTOR CARRIERS EXEMPT FROM GROSS RECEIPTS TAXES.
32-4 A motor bus carrier or <common or contract> motor carrier
32-5 transporting persons or property for hire <subject to regulation by
32-6 the railroad commission> is exempt from any occupation tax measured
32-7 by gross receipts imposed by any law of this state.
32-8 SECTION 13. Section 8(a), Chapter 65, Acts of the 67th
32-9 Legislature, Regular Session, 1981 (Article 6519c, Vernon's Texas
32-10 Civil Statutes), is amended to read as follows:
32-11 (a) Except as provided by <Subsection (c), Section 17,
32-12 Chapter 314, Acts of the 41st Legislature, Regular Session, 1929,
32-13 as amended (Article 911b, Vernon's Texas Civil Statutes), and by>
32-14 Section 131.231, Natural Resources Code, all taxes, license fees,
32-15 permit fees, examination fees, and truck registration fees
32-16 collected or received by the Railroad Commission of Texas shall be
32-17 deposited to the credit of the General Revenue Fund.
32-18 SECTION 14. Section 4(c), Chapter 410, Acts of the 53rd
32-19 Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
32-20 Civil Statutes), is amended to read as follows:
32-21 (c) The word "Project" or the words "Turnpike Project" shall
32-22 mean any express highway or turnpike which the Authority may at any
32-23 time determine to construct under the provisions of this Act and
32-24 any improvement, extension, or expansion to that highway or
32-25 turnpike and includes facilities to relieve traffic congestion and
32-26 to promote safety, and all bridges, tunnels, overpasses,
32-27 underpasses, interchanges, entrance plazas, approaches, toll
33-1 houses, service stations, and administration, storage and other
33-2 buildings which the Authority may deem necessary for the operation
33-3 of the Project, together with all property rights, easements and
33-4 interests which may be acquired by the Authority for the
33-5 construction or the operation of the Project; provided, that the
33-6 location of a Project must before final designation, be approved by
33-7 the State Highway Commission. <Provided, however, any "Project" or
33-8 "Turnpike Project" which the Authority may construct under the
33-9 authority of this Act shall at all times be deemed a public highway
33-10 within the meaning of Chapter 270, page 399, Acts, Fortieth
33-11 Legislature, 1927, as amended by Chapter 78, page 196, Forty-first
33-12 Legislature, First Called Session, 1929, and Chapter 314, page 698,
33-13 Acts, Forty-first Legislature, 1929, as amended by Chapter 277,
33-14 page 480, Acts, Forty-second Legislature, 1931, as amended by
33-15 Chapter 290, page 463, Acts, Forty-seventh Legislature, 1941, and
33-16 to that end no motor bus company, common carrier motor carrier,
33-17 specialized motor carrier, contract carrier or other motor vehicle
33-18 operation for compensation and hire shall be conducted thereon
33-19 except in accordance with the terms and provisions of Chapter 270,
33-20 page 399, Acts, Fortieth Legislature, 1927, as amended by Chapter
33-21 78, page 196, Acts, Forty-first Legislature, First Called Session,
33-22 1929, and Chapter 314, page 698, Acts, Forty-first Legislature,
33-23 1929, as amended by Chapter 277, page 480, Acts, Forty-second
33-24 Legislature, 1931, as amended by Chapter 290, page 463, Acts,
33-25 Forty-seventh Legislature, 1941.>
33-26 SECTION 15. Section 2A, Chapter 18, General Laws, Acts of
33-27 the 41st Legislature, 5th Called Session, 1930 (Article 6675a-6e,
34-1 Vernon's Texas Civil Statutes), is amended to read as follows:
34-2 Sec. 2A. To expedite and facilitate, during the harvesting
34-3 season, the harvesting and marketing of farm products produced in
34-4 this State, the Department is authorized to issue to a nonresident
34-5 owner a 30-day temporary registration permit for any truck, truck
34-6 tractor, trailer or semitrailer to be used in the movement of such
34-7 farm commodities from the place of production to market, storage or
34-8 railhead, not more than seventy-five (75) miles distant from such
34-9 place of production, or to be used in the movement of machinery
34-10 used to harvest any of the commodities named in this section.
34-11 To expedite and facilitate, during the harvesting season, the
34-12 harvesting and movement of farm products produced outside of Texas
34-13 but marketed or processed in Texas or moved to points in Texas for
34-14 shipment, the Department is authorized to issue to a nonresident
34-15 owner a 30-day temporary registration permit for any truck, truck
34-16 tractor, trailer or semitrailer to be used in the movement of such
34-17 farm commodities from the point of entry into Texas to market,
34-18 storage, processing plant, railhead or seaport not more than eighty
34-19 (80) miles distant from such point of entry into Texas. All
34-20 mileages and distances referred to herein are State Highway
34-21 mileages. Before such temporary registration provided for in this
34-22 paragraph may be issued, the applicant must present satisfactory
34-23 evidence that such motor vehicle is protected by such insurance and
34-24 in such amounts as may be described in Section 5 of the Texas Motor
34-25 Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
34-26 Civil Statutes) as it is now written or as it may hereafter be
34-27 amended, and such policies must be issued by an insurance company
35-1 or surety company authorized to write Motor Vehicle Liability
35-2 Insurance in this State unless the applicant is unable to obtain
35-3 the insurance coverage from an insurance company authorized to
35-4 write the coverage in this State, in which case, the applicant,
35-5 with the Department's approval, may obtain the coverage from a
35-6 surplus lines insurer that meets the requirements of Article
35-7 1.14-2, Insurance Code, and rules adopted by the State Board of
35-8 Insurance under that article; and that such vehicle has been
35-9 inspected as required under the Uniform Act Regulating Traffic on
35-10 Highways in Texas (Article XV of Article 6701d, Vernon's Texas
35-11 Civil Statutes) as it is now written or as it may hereafter be
35-12 amended.
35-13 The Department is authorized to prescribe the form of the
35-14 application and the information to be furnished therein for such
35-15 temporary registration permits. If the application is granted, the
35-16 Department shall issue a special distinguishing insignia which must
35-17 be attached to such vehicle in lieu of the regular Texas Highway
35-18 registration plates. Such special insignia shall show its
35-19 expiration date. The temporary registration permit fee shall be
35-20 one-twelfth (1/12) of the annual Texas registration fee for the
35-21 vehicle for which the special permit is secured.
35-22 The temporary permits herein authorized shall be issued only
35-23 when the vehicle for which said permit is issued is legally
35-24 registered in the nonresident owner's home state or country for the
35-25 current registration year; and said permit will remain valid only
35-26 so long as the home state or country registration is valid; but in
35-27 any event the Texas temporary registration permit will expire 30
36-1 days from the date of issuance. Not more than three (3) such
36-2 temporary registration permits may be issued to a nonresident owner
36-3 during any one (1) vehicle registration year in the State of Texas.
36-4 A vehicle registered under the terms of this Act may not be
36-5 operated in Texas after the expiration of the temporary permit
36-6 unless the nonresident owner secures a second temporary permit as
36-7 provided above, or unless the nonresident owner registers the
36-8 vehicle under the appropriate Texas vehicular registration
36-9 statutes, applicable to residents, for the remainder of the
36-10 registration year. No such vehicle may be registered with a Texas
36-11 farm truck license.
36-12 Any person who shall transport any of the commodities
36-13 described in this Act, under a temporary permit provided for
36-14 herein, to a market, place of storage, processing plant, railhead
36-15 or seaport, which is a greater distance from the place of
36-16 production of such commodity in this State, or the point of entry
36-17 into the State of Texas than is provided for in said temporary
36-18 permit, or shall follow a route other than that prescribed by the
36-19 Highway Commission, shall be punished by a fine of not less than
36-20 Twenty-five Dollars ($25), nor more than Two Hundred Dollars
36-21 ($200).
36-22 Nothing in this Act shall be construed to authorize such
36-23 nonresident owner or operator to operate or cause to be operated
36-24 any of such vehicles in this State in violation of <Chapter 314,
36-25 Acts of the 41st Legislature, Regular Session, 1929, as amended
36-26 (Article 911b, Vernon's Texas Civil Statutes) or> any of the other
36-27 laws of this State.
37-1 SECTION 16. Section 2(1), Vehicle Storage Facility Act
37-2 (Article 6687-9a, Revised Statutes), is amended to read as follows:
37-3 (1) "Commission" means the <Railroad Commission of>
37-4 Texas Department of Transportation.
37-5 SECTION 17. Section 4(c), Vehicle Storage Facility Act
37-6 (Article 6687-9a, Revised Statutes), is amended to read as follows:
37-7 (c) The commission may impose and collect a fee for a
37-8 license in an amount sufficient to recover the commission's costs
37-9 of administering this Act. Fees collected under this subsection
37-10 shall be deposited in <a special account in> the general revenue
37-11 fund <that may be appropriated only to the commission for the
37-12 administration of this Act>.
37-13 SECTION 18. Section 13(b), Vehicle Storage Facility Act
37-14 (Article 6687-9a, Revised Statutes), is amended to read as follows:
37-15 (b) The notice must be sent by certified mail, return
37-16 receipt requested, and must contain:
37-17 (1) the date the vehicle was accepted for storage;
37-18 (2) the first day for which a storage fee is assessed;
37-19 (3) the daily storage rate;
37-20 (4) the type and amount of all other charges to be
37-21 paid when the vehicle is claimed;
37-22 (5) the full name, street address, and telephone
37-23 number of the facility;
37-24 (6) the hours during which the owner may claim the
37-25 vehicle; and
37-26 (7) the facility license number preceded by "Texas
37-27 Department of Transportation <"Railroad Commission of Texas>
38-1 Vehicle Storage Facility License Number."
38-2 SECTION 19. Section 15, Vehicle Storage Facility Act
38-3 (Article 6687-9a, Revised Statutes), is amended to read as follows:
38-4 Sec. 15. Use of Fees. The commission shall remit all fees
38-5 collected under this article to the State Treasurer for deposit in
38-6 the State Treasury to the credit of the general revenue <a> fund
38-7 <to be used, subject to legislative appropriation, for
38-8 administering this article>.
38-9 SECTION 20. Section C(2), Article 6701-1/2, Revised
38-10 Statutes, is amended to read as follows:
38-11 (2) The Texas <State> Department of <Highways and
38-12 Public> Transportation may issue single trip permits to owners of
38-13 manufactured homes provided that the ownership of the manufactured
38-14 home and of the towing vehicle is shown to be the same person by
38-15 the title to the home and to the towing vehicle or that a lease
38-16 <duly filed pursuant to Chapter 209, Acts of the 53rd Legislature,
38-17 Regular Session, 1953 (Article 6701c-1, Vernon's Texas Civil
38-18 Statutes),> shows the owner of the manufactured home to be the
38-19 lessee of the towing vehicle. Single trip permits may also be
38-20 issued to installers registered with the Texas Department of
38-21 Licensing and Regulation <Labor and Standards> for the
38-22 transportation of manufactured homes <over routes between points
38-23 when such transportation would be excluded from regulation under
38-24 Chapter 314, Acts of the 41st Legislature, Regular Session, 1929
38-25 (Article 911b, Vernon's Texas Civil Statutes)>. The owner or
38-26 installer must have proof of insurance coverage in force as
38-27 required in Section H of this article.
39-1 SECTION 21. Chapter 42, General Laws, Acts of the 41st
39-2 Legislature, 2nd Called Session, 1929 (Article 6701d-11, Vernon's
39-3 Texas Civil Statutes), is amended by adding Section 1B to read as
39-4 follows:
39-5 Sec. 1B. "Oil field equipment" means machinery, materials,
39-6 and equipment used in the construction, operation, and maintenance
39-7 of facilities, including pipelines, that are used for the
39-8 discovery, production, and processing of natural gas or petroleum.
39-9 SECTION 22. Section 3(c)(1), Chapter 42, General Laws, Acts
39-10 of the 41st Legislature, 2nd Called Session, 1929 (Article
39-11 6701d-11, Vernon's Texas Civil Statutes), is amended to read as
39-12 follows:
39-13 (1) No motor vehicle, other than a truck-tractor,
39-14 shall exceed a length of forty-five (45) feet. Except as provided
39-15 in Subsection (c-1) of this section, it shall be lawful for any
39-16 combination of not more than three (3) vehicles to be coupled
39-17 together including, but not limited to, a truck and semi-trailer,
39-18 truck and trailer, truck-tractor and semi-trailer and trailer, or a
39-19 truck-tractor and two trailers, provided such combination of
39-20 vehicles, other than a truck-tractor combination, shall not exceed
39-21 a length of sixty-five (65) feet, unless such vehicle or
39-22 combination of vehicles is operated exclusively within the limits
39-23 of an incorporated city or town; and unless, in the case of any
39-24 combination of such vehicles, same be operated by municipal
39-25 corporations in adjoining suburbs wherein said municipal
39-26 corporation has heretofore been using such or like equipment in
39-27 connection with an established service to such suburbs of the
40-1 municipality. The length limitations in this subdivision do not
40-2 apply to a truck-tractor, truck-tractor combination, or a
40-3 truck-trailer combination exclusively transporting oil field
40-4 equipment<, as that term is defined by Subsection (i) of Section 1,
40-5 Chapter 314, Acts of the 41st Legislature, Regular Session, 1929
40-6 (Article 911b, Vernon's Texas Civil Statutes)>. Motor buses as
40-7 defined in Section 1, Chapter 88, General Laws, Acts of the 41st
40-8 Legislature, 2nd Called Session, 1929 (Article 6675a-1, Vernon's
40-9 Texas Civil Statutes), exceeding thirty-five (35) feet in length,
40-10 but not exceeding forty-five (45) feet in length, may be lawfully
40-11 operated over the highways of this state if such motor buses are
40-12 equipped with air brakes and have either three or more axles or a
40-13 minimum of four (4) tires on the rear axle. The limitations in
40-14 this subdivision shall not apply to any house trailer or to any
40-15 combination of a house trailer and a motor vehicle, but no house
40-16 trailer and motor vehicle combination shall exceed a total length
40-17 of sixty-five (65) feet. "House trailer" as used herein means a
40-18 living quarters equipped and used for sleeping and eating and which
40-19 may be moved from one location to another over a public highway by
40-20 being pulled behind a motor vehicle. No house trailer, as the same
40-21 is defined herein, shall be entitled to the exemption contained in
40-22 this Subsection unless the owner thereof shall have paid all taxes,
40-23 including ad valorem taxes, and fees due and payable under the laws
40-24 of this state, levied on said house trailer.
40-25 SECTION 23. Section 33, Texas Motor Vehicle
40-26 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
40-27 Statutes), is amended to read as follows:
41-1 Sec. 33. Exceptions. This Act shall not apply with respect
41-2 to any motor vehicle owned by the United States, the State of Texas
41-3 or any political subdivision of this state, or any municipality
41-4 therein <except as provided in Section 35>, nor to the officers,
41-5 agents or employees of the United States, the State of Texas, or
41-6 any political subdivision of the state, while driving said vehicle
41-7 in the course of their employment; provided, however, that the
41-8 operator of every motor vehicle specified herein shall comply with
41-9 the provisions of Section 4 of this Act; nor, except for Sections 4
41-10 and 26 of this Act, with respect to any motor vehicle which is
41-11 subject to the requirements of Article 6675c, Revised Statutes
41-12 <Articles 911a (Sec. 11) and 911b (Sec. 13) of the Revised Civil
41-13 Statutes of Texas>; provided, however, that nothing in this Act
41-14 shall be construed so as to exclude from this Act its applicability
41-15 to taxicabs, jitneys, or other vehicles for hire, operating under
41-16 franchise or permit of any incorporated city, town or village.
41-17 SECTION 24. Section 10(c), Article 9103, Revised Statutes,
41-18 is amended to read as follows:
41-19 (c) This article does not apply to public warehouses owned,
41-20 controlled, operated, or leased by motor carriers under Article
41-21 6675c, Revised Statutes <licensed by and within the jurisdiction of
41-22 the Railroad Commission of Texas under the provisions of Article
41-23 911b, Vernon's Texas Civil Statutes>, or their agents.
41-24 SECTION 25. The following laws are repealed:
41-25 (1) Section 361.431, Health and Safety Code;
41-26 (2) Section 51.012, Election Code;
41-27 (3) Chapter 270, Acts of the 40th Legislature, Regular
42-1 Session, 1927 (Article 911a, Vernon's Texas Civil Statutes);
42-2 (4) Chapter 314, Acts of the 41st Legislature, Regular
42-3 Session, 1929 (Article 911b, Vernon's Texas Civil Statutes);
42-4 (5) Chapter 1, page 672, General Laws, Acts of the
42-5 46th Legislature, Regular Session, 1939 (Article 911d, Vernon's
42-6 Texas Civil Statutes);
42-7 (6) Chapter 544, Acts of the 59th Legislature, Regular
42-8 Session, 1965 (Article 911f, Vernon's Texas Civil Statutes);
42-9 (7) Article 911h, Revised Statutes;
42-10 (8) Chapter 88, Acts of the 60th Legislature, Regular
42-11 Session, 1967 (Article 911i, Vernon's Texas Civil Statutes);
42-12 (9) Chapter 114, Acts of the 43rd Legislature, 1st
42-13 Called Session, 1933 (Article 911j, Vernon's Texas Civil Statutes);
42-14 (10) Chapter 1135, Acts of the 70th Legislature,
42-15 Regular Session, 1987 (Article 6687-9b, Vernon's Texas Civil
42-16 Statutes);
42-17 (11) Article 6701b-1, Revised Statutes;
42-18 (12) Chapter 209, Acts of the 53rd Legislature,
42-19 Regular Session, 1953 (Article 6701c-1, Vernon's Texas Civil
42-20 Statutes);
42-21 (13) Section 2(o), Uniform Act Regulating Traffic on
42-22 Highways (Article 6701d, Vernon's Texas Civil Statutes);
42-23 (14) Section 139, Uniform Act Regulating Traffic on
42-24 Highways (Article 6701d, Vernon's Texas Civil Statutes); and
42-25 (15) Section 5-2/3(e), Chapter 42, General Laws, Acts
42-26 of the 41st Legislature, 2nd Called Session, 1929 (Article
42-27 6701d-11, Vernon's Texas Civil Statutes), as added by Chapter 689,
43-1 Acts of the 68th Legislature, Regular Session, 1983.
43-2 SECTION 26. (a) Any appropriation made to the Railroad
43-3 Commission of Texas for the biennium ending August 31, 1997, for
43-4 the administration of a law repealed by Section 25 of this Act is
43-5 transferred to:
43-6 (1) the Texas Department of Transportation, if the
43-7 appropriation was for an activity previously administered by the
43-8 railroad commission that is now administered by the Texas
43-9 Department of Transportation under Section 1 of this Act; or
43-10 (2) the Department of Public Safety of the State of
43-11 Texas, if the appropriation was for an activity previously
43-12 administered by the railroad commission that is now administered by
43-13 the Department of Public Safety under Section 2 of this Act.
43-14 (b) A rule adopted by the Railroad Commission of Texas under
43-15 a law repealed by Section 25 of this Act before the effective date
43-16 of this Act remains in effect as a rule of the Texas Department of
43-17 Transportation or the Department of Public Safety until superseded
43-18 by a rule adopted by the appropriate department.
43-19 (c) A registration that is valid on the effective date of
43-20 this Act remains valid until it expires or until the Texas
43-21 Department of Transportation suspends or revokes the registration.
43-22 In renewing a registration, the Texas Department of Transportation
43-23 shall, to the extent possible, assign a registration number to a
43-24 commercial carrier that is identical to the prior number issued by
43-25 the Railroad Commission of Texas.
43-26 (d) A proceeding to suspend or revoke a registration issued
43-27 under a law repealed by Section 25 of this Act pending before the
44-1 Railroad Commission of Texas on the effective date of this Act is
44-2 transferred without change in status to the Texas Department of
44-3 Transportation on the effective date of this Act unless
44-4 registration for the activity is no longer required. If
44-5 registration is no longer required, the proceeding is dismissed on
44-6 the effective date of this Act.
44-7 (e) All records of the Railroad Commission of Texas
44-8 involving the registration of a motor carrier under a law repealed
44-9 by Section 25 of this Act that pertain to registration or safety
44-10 requirements as required by this Act are transferred to the Texas
44-11 Department of Transportation or the Department of Public Safety on
44-12 the effective date of this Act.
44-13 (f) The Railroad Commission of Texas, the Texas Department
44-14 of Transportation, and the Department of Public Safety shall adopt
44-15 a memorandum of understanding regarding the transfer of
44-16 administrative duties that occurs under this Act.
44-17 (g) On the effective date of this Act, the Motor Carrier Act
44-18 enforcement fund account in the general revenue fund is abolished
44-19 and any money in the account is transferred to the undedicated
44-20 portion of the general revenue fund.
44-21 (h) Not later than January 1, 1996, the Texas Department of
44-22 Transportation shall review all rules adopted by the department to
44-23 enforce this Act.
44-24 (i) Not later than January 1, 1996, the Department of Public
44-25 Safety shall review all rules adopted by the department to enforce
44-26 this Act.
44-27 (j) After conducting a review as required by Subsection (h)
45-1 or (i) of this section, the Texas Department of Transportation and
45-2 the Department of Public Safety shall adopt new rules as
45-3 appropriate.
45-4 SECTION 27. This Act takes effect September 1, 1995.
45-5 SECTION 28. The importance of this legislation and the
45-6 crowded condition of the calendars in both houses create an
45-7 emergency and an imperative public necessity that the
45-8 constitutional rule requiring bills to be read on three several
45-9 days in each house be suspended, and this rule is hereby suspended.