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.