By: Bivins S.B. No. 3
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of motor carriers; providing civil,
1-2 administrative, and criminal penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 1, Title 116, Revised Statutes, is
1-5 amended by adding Article 6675c to read as follows:
1-6 Art. 6675c. MOTOR CARRIER REGISTRATION
1-7 Sec. 1. DEFINITIONS. In this article:
1-8 (1) "Motor carrier" means an individual, association,
1-9 corporation, or other legal entity that controls, operates, or
1-10 directs the operation of one or more vehicles that transport
1-11 persons or cargo over a road or highway in this state.
1-12 (2) "Hazardous material" has the meaning assigned by
1-13 49 App. U.S.C. Section 1802.
1-14 (3) "Household goods" has the meaning assigned by 49
1-15 U.S.C. Section 10102.
1-16 (4) "Insurer" means a person, including a surety,
1-17 authorized in this state to write lines of insurance coverage
1-18 required by this article.
1-19 (5) "Tow truck" means a motor vehicle, including a
1-20 wrecker, equipped with a mechanical device used to tow, winch, or
1-21 otherwise move another motor vehicle.
1-22 (6) "Vehicle requiring registration" means a vehicle
1-23 described in Section 3(a) of this article.
1-24 Sec. 2. EXEMPTIONS. This article does not apply to:
2-1 (1) a motor vehicle registered under the single state
2-2 registration system established under 49 U.S.C. Section 11506(c)
2-3 when operating exclusively in interstate or international commerce;
2-4 (2) a motor vehicle registered as a cotton vehicle
2-5 under Section 5o, Chapter 88, General Laws, Acts of the 41st
2-6 Legislature, 2nd Called Session, 1929 (Article 6675a-5o, Vernon's
2-7 Texas Civil Statutes); or
2-8 (3) a motor vehicle the department by rule exempts
2-9 because the vehicle is subject to comparable registration or a
2-10 comparable safety program administered by another agency.
2-11 Sec. 3. REGISTRATION. (a) A motor carrier may not operate
2-12 a commercial motor vehicle, as defined by Section 140A, Uniform Act
2-13 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
2-14 Statutes), or a tow truck on a road or highway of this state unless
2-15 the carrier registers with the department under this article.
2-16 (b) An applicant for registration under this section must
2-17 submit an application to the department on a form prescribed by the
2-18 department. The application must include:
2-19 (1) the name of the owner and the principal business
2-20 address of the motor carrier;
2-21 (2) the name and address of the legal agent for
2-22 service of process of the carrier in this state, if different;
2-23 (3) a description of each vehicle requiring
2-24 registration the carrier proposes to operate, including the motor
2-25 vehicle identification number, make, and unit number;
2-26 (4) a statement as to whether the carrier proposes to
2-27 transport household goods or hazardous materials;
3-1 (5) a declaration that the applicant has knowledge of
3-2 all laws and rules relating to motor carrier safety, including this
3-3 article, Article 6675d, Revised Statutes, and the Uniform Act
3-4 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
3-5 Statutes); and
3-6 (6) any other information the department by rule
3-7 determines is necessary for the safe operation of a carrier under
3-8 this article.
3-9 (c) The application must be filed with the department along
3-10 with:
3-11 (1) an application fee of $100 plus a $10 fee for each
3-12 vehicle requiring registration the motor carrier proposes to
3-13 operate; and
3-14 (2) proof of insurance or financial responsibility as
3-15 required by Section 4(d) of this article.
3-16 (d) The department shall register a motor carrier under this
3-17 section if the carrier meets the requirements of Subsections (b)
3-18 and (c) of this section. The department may deny a registration if
3-19 the applicant has had a registration revoked under Section 7 of
3-20 this article.
3-21 (e) The department shall issue a certificate containing a
3-22 single registration number to a motor carrier, regardless of the
3-23 number of vehicles requiring registration the carrier operates.
3-24 The department shall issue a cab card as described by Section 5 of
3-25 this article for each vehicle requiring registration the motor
3-26 carrier operates.
3-27 (f) The department may conditionally accept an incomplete
4-1 application for registration if the motor carrier meets the
4-2 requirements of Subsection (c) of this section. The department
4-3 shall notify the motor carrier of the incomplete status of the
4-4 application and the information required for completion. If the
4-5 motor carrier fails to provide the information within 45 days after
4-6 the date the department provides notice of the incomplete status,
4-7 the application is considered withdrawn and the department shall
4-8 retain the fees required by Subsection (c)(1) of this section.
4-9 (g) A motor carrier required to register under this article
4-10 shall supplement the carrier's application for registration before:
4-11 (1) the carrier transports hazardous materials or
4-12 household goods if the carrier has not provided notice to the
4-13 department in the carrier's initial or a supplemental application
4-14 for registration;
4-15 (2) the carrier operates a vehicle requiring
4-16 registration that is not listed on the carrier's initial or a
4-17 supplemental application for registration; or
4-18 (3) the carrier changes the carrier's principal
4-19 business address, legal agent, ownership, or name.
4-20 (h) The department shall prescribe the form of a
4-21 supplemental application for registration made under Subsection (g)
4-22 of this section. A motor carrier may not operate an additional
4-23 vehicle requiring registration unless the carrier pays a
4-24 registration fee of $10 for each additional vehicle the motor
4-25 carrier proposes to operate and shows the department evidence of
4-26 insurance or financial responsibility in an amount at least equal
4-27 to the amount set by the department under Section 4(a) of this
5-1 article for the new vehicle. If the vehicle is also registered
5-2 under the single state registration plan adopted under Article
5-3 6675c-1, Revised Statutes, the department shall collect no more
5-4 than a total of $10 in equipment registration fees with respect to
5-5 each vehicle registered under both this section and the single
5-6 state registration plan adopted under Article 6675c-1, Revised
5-7 Statutes. A registered motor carrier may not begin transporting
5-8 household goods or hazardous materials unless the carrier shows the
5-9 department evidence of insurance or financial responsibility in an
5-10 amount at least equal to the amount set by the department for a
5-11 vehicle carrying household goods or hazardous materials under
5-12 Section 4(a) of this article.
5-13 (i) A registration issued under this article is valid for
5-14 one year. The department may adopt a system under which
5-15 registrations expire at different times during the year. A motor
5-16 carrier may renew a registration under this article by:
5-17 (1) supplementing the application with any new
5-18 information required under Subsection (g) of this section;
5-19 (2) paying a $10 fee for each vehicle requiring
5-20 registration the carrier operates; and
5-21 (3) showing the department evidence of continuing
5-22 insurance or financial responsibility in an amount at least equal
5-23 to the amount set by the department under Section 4(a) of this
5-24 article.
5-25 (j) The department may by rule provide for the temporary
5-26 registration of an international motor carrier that provides the
5-27 same proof of insurance as is required for a domestic motor
6-1 carrier. The department may charge a fee for a temporary
6-2 registration in an amount not to exceed the costs of administering
6-3 this subsection.
6-4 Sec. 4. INSURANCE. (a) A motor carrier that is required to
6-5 register under this article shall maintain liability insurance in
6-6 an amount set by the department for each vehicle requiring
6-7 registration the carrier operates. The department by rule may set
6-8 the amount of liability insurance required at an amount that does
6-9 not exceed the amount required for a motor carrier under federal
6-10 regulations adopted under 49 U.S.C. Section 10927(a)(1). In
6-11 setting the amount the department shall consider:
6-12 (1) the class and size of the vehicle; and
6-13 (2) the type of persons or cargo being transported.
6-14 (b) A motor carrier required to register under this article
6-15 transporting household goods shall maintain cargo insurance in the
6-16 same amount required for a motor carrier transporting household
6-17 goods under federal law.
6-18 (c) A motor carrier may meet the insurance requirements of
6-19 Subsections (a) and (b) of this section through self-insurance if
6-20 the carrier demonstrates to the department that it can satisfy its
6-21 obligations for bodily injury and property damage liability. The
6-22 department shall adopt rules that, in the interest of public
6-23 safety, provide for a responsible system of self-insurance for a
6-24 motor carrier.
6-25 (d) A motor carrier that is required to register under this
6-26 article must file with the department proof of insurance in the
6-27 amounts required by Subsections (a) and (b) of this section, or
7-1 proof of financial responsibility as described by Subsection (c) of
7-2 this section, in a form prescribed by the department. The form
7-3 must be filed:
7-4 (1) at the time of the initial registration;
7-5 (2) at the time of a subsequent registration, if the
7-6 motor carrier was required to be continuously registered under this
7-7 article and the carrier failed to maintain continuous registration;
7-8 (3) at the time a motor carrier changes insurers; and
7-9 (4) at the time a motor carrier changes ownership, as
7-10 determined by rules adopted by the department.
7-11 (e) A motor carrier shall keep proof of insurance in a form
7-12 approved by the department in the cab of each vehicle requiring
7-13 registration the carrier operates.
7-14 (f) The department may charge a fee of $100 for a filing
7-15 made under Subsection (d) of this section.
7-16 (g) An insurer may not terminate coverage provided to a
7-17 motor 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 motor carrier becomes insolvent, is
7-24 placed in receivership, or had its certificate of authority
7-25 suspended or revoked and if the carrier no longer has insurance
7-26 coverage as required by this section, the carrier shall file with
7-27 the department, not later than the 10th day after the date the
8-1 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 motor carrier required
8-13 to register under this article to carry workers' compensation or
8-14 similar insurance coverage. Notwithstanding any contrary provision
8-15 of any law or regulation, a motor carrier required to register
8-16 under this article may provide health and accident insurance
8-17 coverage for its employees in lieu of workers' compensation
8-18 insurance for any contract with state or local governmental
8-19 entities or agencies or any political subdivisions thereof.
8-20 Sec. 5. CAB CARDS. (a) The department shall issue a cab
8-21 card for each vehicle requiring registration operated by a motor
8-22 carrier. The card must contain the registration number of the
8-23 certificate issued under Section 3(e) of this article, the vehicle
8-24 unit number, the vehicle identification number, and a statement
8-25 that the vehicle is registered to operate under this article. The
8-26 department shall issue cab cards annually at the time a motor
8-27 carrier pays a registration fee under Section 3 of this article.
9-1 The department may charge a fee of $1 for each cab card issued. A
9-2 motor carrier required to register under this article must keep the
9-3 cab card in the cab of each vehicle requiring registration the
9-4 carrier operates.
9-5 (b) The department may order a motor carrier to surrender a
9-6 cab card if the carrier's registration is suspended or revoked
9-7 under Section 7 of this article.
9-8 (c) If the department determines that the cab card system
9-9 described in Subsection (a) of this section is no longer an
9-10 efficient means of enforcing this article, the department may adopt
9-11 by rule an alternative method that is accessible by law enforcement
9-12 personnel in the field to allow for the enforcement of the annual
9-13 registration of vehicles for compliance with this article.
9-14 Sec. 6. ADMINISTRATIVE PENALTY BY TEXAS DEPARTMENT OF
9-15 TRANSPORTATION. (a) The department may impose an administrative
9-16 penalty against a motor carrier required to register under this
9-17 article who violates a provision of Section 3, 4, 5, 8, or 12 of
9-18 this article or a rule or order adopted under those sections. The
9-19 department shall designate one or more employees to investigate and
9-20 administer penalties under this section.
9-21 (b) The penalty for a violation may be in an amount not to
9-22 exceed $5,000. If it is found that the motor carrier knowingly
9-23 committed a violation, the penalty for a violation may not exceed
9-24 $15,000. If it is found that the motor carrier knowingly committed
9-25 multiple violations, the aggregate penalty for the multiple
9-26 violations may not exceed $30,000. Each day a violation continues
9-27 or occurs is a separate violation for purposes of imposing a
10-1 penalty.
10-2 (c) The amount of the penalty shall be based on:
10-3 (1) the seriousness of the violation, including the
10-4 nature, circumstances, extent, and gravity of any prohibited acts,
10-5 and the hazard or potential hazard created to the health, safety,
10-6 or economic welfare of the public;
10-7 (2) the economic harm to property or the environment
10-8 caused by the violation;
10-9 (3) the history of previous violations;
10-10 (4) the amount necessary to deter future violations;
10-11 (5) efforts to correct the violation; and
10-12 (6) any other matter that justice may require.
10-13 (d) If the department determines that a violation has
10-14 occurred, it may issue to the director a report that states the
10-15 facts on which the determination is based and a recommendation on
10-16 the imposition and amount of any penalty.
10-17 (e) Within 14 days after the date the report is issued, the
10-18 department shall give written notice of the report to the motor
10-19 carrier. The notice may be given by certified mail. The notice
10-20 must include a brief summary of the alleged violation and a
10-21 statement of the amount of the recommended penalty and must inform
10-22 the motor carrier that the carrier has a right to a hearing on the
10-23 occurrence of the violation, the amount of the penalty, or both the
10-24 occurrence of the violation and the amount of the penalty.
10-25 (f) Within 20 days after the date the motor carrier receives
10-26 the notice, the carrier in writing may accept the determination and
10-27 recommended penalty of the department or may make a written request
11-1 for a hearing on the occurrence of the violation, the amount of the
11-2 penalty, or both the occurrence of the violation and the amount of
11-3 the penalty. The department may, on the request of the person,
11-4 hold an informal hearing to discuss a penalty recommended under
11-5 this article. The department may modify a recommendation for
11-6 penalty at the conclusion of the informal hearing.
11-7 (g) If the motor carrier accepts the determination and
11-8 recommended penalty of the department, the director by order shall
11-9 approve the determination and impose the recommended penalty.
11-10 (h) If the motor carrier requests a hearing or fails to
11-11 respond timely to the notice, the department shall set a hearing
11-12 and give notice of the hearing to the carrier. The hearing shall
11-13 be held by an administrative law judge of the State Office of
11-14 Administrative Hearings. The administrative law judge shall make
11-15 findings of fact and conclusions of law and promptly issue to the
11-16 director a proposal for a decision about the occurrence of the
11-17 violation and the amount of a proposed penalty. Based on the
11-18 findings of fact, conclusions of law, and proposal for a decision,
11-19 the director by order may find that a violation has occurred and
11-20 impose a penalty or may find that no violation occurred. The
11-21 director may increase or decrease the amount of the penalty
11-22 recommended by an administrative law judge within the limits
11-23 prescribed by Subsection (b) of this section.
11-24 (i) The notice of the director's order given to the motor
11-25 carrier under Chapter 2001, Government Code (Administrative
11-26 Procedure Act), must include a statement of the right of the
11-27 carrier to judicial review of the order.
12-1 (j) Within 30 days after the date the director's order
12-2 becomes final as provided by Section 2001.144, Government Code, the
12-3 motor carrier shall:
12-4 (1) pay the amount of the penalty;
12-5 (2) pay the amount of the penalty and file a petition
12-6 for judicial review contesting the occurrence of the violation, the
12-7 amount of the penalty, or both the occurrence of the violation and
12-8 the amount of the penalty; or
12-9 (3) without paying the amount of the penalty, file a
12-10 petition for judicial review contesting the occurrence of the
12-11 violation, the amount of the penalty, or both the occurrence of the
12-12 violation and the amount of the penalty.
12-13 (k) Within the 30-day period, a motor carrier who acts under
12-14 Subsection (j)(3) of this section may:
12-15 (1) stay enforcement of the penalty by:
12-16 (A) paying the amount of the penalty to the
12-17 court for placement in an escrow account; or
12-18 (B) giving to the court a supersedeas bond that
12-19 is approved by the court for the amount of the penalty and that is
12-20 effective until all judicial review of the director's order is
12-21 final; or
12-22 (2) request the court to stay enforcement of the
12-23 penalty by:
12-24 (A) filing with the court a sworn affidavit of
12-25 the person stating that the person is financially unable to pay the
12-26 amount of the penalty and is financially unable to give the
12-27 supersedeas bond; and
13-1 (B) giving a copy of the affidavit to the
13-2 director by certified mail.
13-3 (l) If the department receives a copy of an affidavit under
13-4 Subsection (k)(2) of this section, it may file with the court,
13-5 within five days after the date the copy is received, a contest to
13-6 the affidavit. The court shall hold a hearing on the facts alleged
13-7 in the affidavit as soon as practicable and shall stay the
13-8 enforcement of the penalty on finding that the alleged facts are
13-9 true. The motor carrier who files an affidavit has the burden of
13-10 proving that the carrier is financially unable to pay the amount of
13-11 the penalty and to give a supersedeas bond.
13-12 (m) If the motor carrier does not pay the amount of the
13-13 penalty and the enforcement of the penalty is not stayed, the
13-14 director may refer the matter to the attorney general for
13-15 collection of the amount of the penalty.
13-16 (n) Judicial review of the order of the director:
13-17 (1) is instituted by filing a petition as provided by
13-18 Subchapter G, Chapter 2001, Government Code; and
13-19 (2) is under the substantial evidence rule.
13-20 (o) If the court sustains the occurrence of the violation,
13-21 the court may uphold or reduce the amount of the penalty and order
13-22 the motor carrier to pay the full or reduced amount of the penalty.
13-23 If the court does not sustain the occurrence of the violation, the
13-24 court shall order that no penalty is owed.
13-25 (p) When the judgment of the court becomes final, the court
13-26 shall proceed under this subsection. If the motor carrier paid the
13-27 amount of the penalty and if that amount is reduced or is not
14-1 upheld by the court, the court shall order that the appropriate
14-2 amount plus accrued interest be remitted to the person. The rate
14-3 of the interest is the rate charged on loans to depository
14-4 institutions by the New York Federal Reserve Bank, and the interest
14-5 shall be paid for the period beginning on the date the penalty was
14-6 paid and ending on the date the penalty is remitted. If the motor
14-7 carrier gave a supersedeas bond and if the amount of the penalty is
14-8 not upheld by the court, the court shall order the release of the
14-9 bond. If the motor carrier gave a supersedeas bond and if the
14-10 amount of the penalty is reduced, the court shall order the release
14-11 of the bond after the carrier pays the amount.
14-12 (q) All proceedings under this section are subject to
14-13 Chapter 2001, Government Code.
14-14 Sec. 7. SUSPENSION AND REVOCATION OF REGISTRATION. (a) The
14-15 department may suspend or revoke a registration issued under this
14-16 article if:
14-17 (1) a motor carrier fails to maintain insurance as
14-18 required by Section 4(a) or (b) of this article;
14-19 (2) a motor carrier fails to keep proof of insurance
14-20 in the cab of each vehicle as required by Section 4(e) of this
14-21 article;
14-22 (3) a motor carrier fails to register a vehicle
14-23 requiring registration; or
14-24 (4) a motor carrier knowingly provides false
14-25 information on any form filed with the department under this
14-26 section.
14-27 (b) The Department of Public Safety may suspend or revoke a
15-1 registration issued under this article if a motor carrier:
15-2 (1) has an unsatisfactory safety rating under 49
15-3 C.F.R. Part 385; or
15-4 (2) has multiple violations of a provision of Article
15-5 6675d, Revised Statutes, a rule adopted under that article, or the
15-6 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
15-7 Texas Civil Statutes).
15-8 (c) Except as provided by Subsection (d) of this section, a
15-9 suspension or revocation made under Subsection (a) or (b) of this
15-10 section is a contested case under Chapter 2001, Government Code.
15-11 (d) The department or the Department of Public Safety may
15-12 suspend or revoke a registration issued under this article without
15-13 a hearing under Chapter 2001, Government Code, if:
15-14 (1) the department or the Department of Public Safety
15-15 provides notice to the motor carrier of:
15-16 (A) the proposed suspension or revocation; and
15-17 (B) the right of the carrier to request a
15-18 hearing under Chapter 2001, Government Code; and
15-19 (2) the motor carrier fails to provide the department
15-20 or the Department of Public Safety with a written request for a
15-21 hearing within 10 days after the date the carrier receives the
15-22 notice described in Subdivision (1) of this subsection.
15-23 Sec. 8. ECONOMIC REGULATION. (a) Except as provided by
15-24 this section, the department may not regulate the prices, routes,
15-25 or services provided by a motor carrier.
15-26 (b) The department may establish voluntary standards for
15-27 uniform cargo liability, uniform bills of lading or receipts for
16-1 cargo being transported, and uniform cargo credit. A standard
16-2 adopted under this section must be consistent with Subtitle IV,
16-3 Title 49, United States Code, or a regulation adopted under that
16-4 law.
16-5 (c) The department shall adopt rules to protect consumers
16-6 who use the services of a motor carrier who is required to register
16-7 under Section 3 of this article and who is transporting household
16-8 goods that are at least as stringent as the corresponding
16-9 provisions of 49 C.F.R. Part 1056. The department may adopt rules
16-10 under this subsection that are more stringent than the
16-11 corresponding federal provisions. A motor carrier transporting
16-12 household goods shall list a place of business with a street
16-13 address in this state and the carrier's registration number issued
16-14 under this article in any print advertising published in this
16-15 state. The department may adopt all such rules as are necessary to
16-16 ensure that customers of household goods movers are protected from
16-17 deceptive or unfair practices and unreasonably hazardous activities
16-18 on the part of the movers. Such rules may include but are not
16-19 limited to measures to:
16-20 (1) establish a formal process for resolving disputes
16-21 over fees and damages;
16-22 (2) require a carrier to indicate clearly to consumers
16-23 whether estimates are binding or nonbinding and disclose the
16-24 maximum price a consumer could be required to pay; and
16-25 (3) create a centralized process for making complaints
16-26 about a carrier which also allows consumers to inquire about a
16-27 carrier's complaint record.
17-1 (d) A motor carrier who is required to register under
17-2 Section 3 of this article and who is transporting household goods
17-3 shall file a tariff with the department which establishes maximum
17-4 charges for transportation services where in the course of such
17-5 transportation a highway between two or more incorporated cities,
17-6 towns, or villages is traversed. This requirement may be satisfied
17-7 by filing a copy of the carrier's tariff governing interstate
17-8 transportation services where in the course of such transportation
17-9 a highway between two or more incorporated cities, towns, or
17-10 villages is traversed. Tariffs filed pursuant to this section
17-11 shall be made available for public inspection at the department.
17-12 In no event shall the department adopt rules regulating the rates,
17-13 except as provided herein, or routes of household goods carriers.
17-14 (e) A rule adopted under Subsection (c) of this section
17-15 authorizing a motor carrier transporting household goods to offer
17-16 insurance for the full value of a customer's property does not
17-17 constitute the unauthorized practice of the insurance business
17-18 under Article 1.14-1, Insurance Code.
17-19 (f) All collective associations of motor carriers
17-20 transporting household goods, or agents thereof, which have
17-21 received approval for collective ratemaking agreements under
17-22 Section 9(d) of this article shall provide a method of mediation
17-23 for consumers to receive resolution through mediation of disputes
17-24 over fees, damages, and services. All costs associated with such
17-25 mediation shall be borne by the motor carriers, the agents thereof,
17-26 or the association. All carriers and agents who are parties to
17-27 collective agreements approved under Section 9(d) of this article
18-1 must participate in consumer complaint resolution, including
18-2 participation in the mediation process and advertisement of the
18-3 availability of mediation in all contracts or estimate proposals.
18-4 Any complaint mediation that is not resolved to the mutual
18-5 agreement of all parties shall be reported to the department.
18-6 Consumers shall be advised of their rights to seek resolution
18-7 directly from the department. The department shall adopt rules
18-8 that ensure such notification is available to consumers in a form
18-9 and manner consistent with its duties under Subsection (c) of this
18-10 section.
18-11 Sec. 9. ANTITRUST EXEMPTION. (a) Chapter 15, Business &
18-12 Commerce Code, does not apply to a discussion or agreement between
18-13 a motor carrier who is required to register under Section 3 of this
18-14 article and who transports household goods and an agent of the
18-15 carrier involving:
18-16 (1) the following matters if they occur under the
18-17 authority of the principal carrier:
18-18 (A) rates for the transportation of household
18-19 goods;
18-20 (B) access, terminal, storage, or other charges
18-21 incidental to the transportation of household goods; or
18-22 (C) allowances relating to the transportation of
18-23 household goods; or
18-24 (2) ownership of the carrier by the agent or
18-25 membership on the board of directors of the carrier by the agent.
18-26 (b) An agent under Subsection (a) of this section may itself
18-27 be a motor carrier required to register under Section 3 of this
19-1 article.
19-2 (c) The department may by rule exempt a motor carrier
19-3 required to register under Section 3 of this article from Chapter
19-4 15, Business & Commerce Code, for an activity relating to the
19-5 establishment of joint line rates, routes, classifications, or
19-6 mileage guides.
19-7 (d) Motor carriers who are required to register under
19-8 Section 3 of this article and who transport household goods, and
19-9 agents thereof, or both, may enter into collective ratemaking
19-10 agreements between one or more such carriers or agents concerning
19-11 the establishment and filing of maximum rates, classifications,
19-12 rules, or procedures. Such agreements shall be submitted to the
19-13 department for approval by any such carrier or agent, or by any
19-14 collective association of carriers or agents, and shall be approved
19-15 by the department if the agreement provides that all meetings shall
19-16 be open to the public and that notice of meetings shall be given to
19-17 customers who are multiple users of household goods movers
19-18 services. The department may withhold approval of the agreement if
19-19 it finds and concludes, after notice and hearing, that the
19-20 agreement fails to comply with these provisions. Unless
19-21 disapproved by the department, the provisions of such agreement may
19-22 be observed and Chapter 15, Business & Commerce Code, shall not
19-23 apply to any motor carrier required to be registered under Section
19-24 3 of this article and who transports household goods with respect
19-25 to activities performed under such agreement. An association of
19-26 household goods motor carriers, or agents thereof, or both, may be
19-27 designated by any motor carrier who is required to be registered
20-1 under Section 3 of this article and who transports household goods
20-2 as its collective maximum ratemaking association for the purpose of
20-3 the required filing of a tariff for maximum rates required by
20-4 Section 8 of this article.
20-5 Sec. 10. CRIMINAL PENALTY. (a) A person commits an offense
20-6 if the person fails to:
20-7 (1) register as required by Section 3 of this article;
20-8 (2) maintain insurance as required by Section 4 of
20-9 this article; or
20-10 (3) keep a cab card in the cab of a vehicle as
20-11 required by Section 5(a) of this article.
20-12 (b) An offense under this section is a Class C misdemeanor.
20-13 Sec. 11. TOW TRUCK REGULATION BY MUNICIPALITY. (a) In
20-14 addition to the registration requirements of this article, a
20-15 municipality may regulate the operation of a tow truck to the
20-16 extent allowed by federal law.
20-17 (b) A municipality may not require the registration of a tow
20-18 truck that performs consent tows unless the owner of the tow truck
20-19 has a place of business in the territory of the municipality.
20-20 (c) A municipality may require the registration of a tow
20-21 truck that performs a non-consent tow, regardless of whether the
20-22 owner of the tow truck has a place of business in the territory of
20-23 the municipality.
20-24 (d) A municipality may not require a person who has a
20-25 driver's license or commercial driver's license to obtain a license
20-26 or permit for operating a tow truck unless the person performs
20-27 non-consent tows in the territory of the municipality. The fee
21-1 charged for a license may not exceed $15.
21-2 (e) In this section:
21-3 (1) "Commercial driver's license" has the meaning
21-4 assigned by Section 3, Texas Commercial Driver's License Act
21-5 (Article 6687b-2, Revised Statutes).
21-6 (2) "Consent tow" means the towing of a vehicle with
21-7 the consent of the owner or operator of the vehicle.
21-8 (3) "Driver's license" has the meaning assigned by
21-9 Section 1, Chapter 173, Acts of the 47th Legislature, Regular
21-10 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes).
21-11 (4) "Non-consent tow" means the towing of a vehicle
21-12 without the consent of the owner or operator of the vehicle.
21-13 Sec. 12. RULES. The department may adopt rules as necessary
21-14 to administer this article.
21-15 Sec. 13. INSPECTION OF DOCUMENTS. (a) To investigate an
21-16 alleged violation of Section 3 or 4 of this article, an officer or
21-17 employee of the department who has been certified for the purpose
21-18 by the director may enter a motor carrier's premises to copy or
21-19 verify the correctness of documents, including operation logs and
21-20 insurance certificates.
21-21 (b) The officer or employee may conduct the inspection:
21-22 (1) at a reasonable time;
21-23 (2) on stating the purpose of the inspection; and
21-24 (3) by presenting to the motor carrier:
21-25 (A) appropriate credentials; and
21-26 (B) a written statement from the department to
21-27 the motor carrier indicating the officer's or employee's authority
22-1 to inspect.
22-2 Sec. 14. RULES ADVISORY COMMITTEE. (a) The department
22-3 shall appoint a rules advisory committee to advise the department
22-4 on adoption of rules regarding:
22-5 (1) the application of this article to tow trucks; and
22-6 (2) the administration by the department of the
22-7 Vehicle Storage Facility Act (Article 6687-9a, Revised Statutes).
22-8 (b) The department shall determine the size of the
22-9 committee, but the committee must include one member who represents
22-10 each of the following:
22-11 (1) tow truck operators;
22-12 (2) vehicle storage facility operators;
22-13 (3) owners of property having parking facilities;
22-14 (4) law enforcement agencies or municipalities;
22-15 (5) insurance companies; and
22-16 (6) the general public.
22-17 (c) Members of the committee serve at the pleasure of the
22-18 department. A member of the committee is not entitled to
22-19 compensation or reimbursement of expenses for serving as a member.
22-20 (d) The department may adopt rules to govern the operations
22-21 of the advisory committee.
22-22 SECTION 2. Chapter 1, Title 116, Revised Statutes, is
22-23 amended by adding Article 6675c-1 to read as follows:
22-24 Art. 6675c-1. SINGLE STATE REGISTRATION. (a) The
22-25 department shall, to the fullest extent practicable, participate in
22-26 the single state registration system established under 49 U.S.C.
22-27 Section 11506.
23-1 (b) The department may charge a motor carrier holding a
23-2 permit issued under Subtitle IV, Title 49, United States Code, a
23-3 fee for filing proof of insurance consistent with 49 U.S.C. Section
23-4 11506 not to exceed the maximum fee established under federal law.
23-5 SECTION 3. Chapter 1, Title 116, Revised Statutes, is
23-6 amended by adding Article 6675d to read as follows:
23-7 Art. 6675d. COMMERCIAL MOTOR VEHICLE SAFETY STANDARDS
23-8 Sec. 1. DEFINITIONS. In this article:
23-9 (1) "Commercial motor vehicle" has the meaning
23-10 assigned by Section 140A, Uniform Act Regulating Traffic on
23-11 Highways (Article 6701d, Vernon's Texas Civil Statutes).
23-12 (2) "Department" means the Department of Public Safety
23-13 of the State of Texas.
23-14 (3) "Director" means the public safety director.
23-15 (4) "Federal hazardous material regulation" means a
23-16 federal regulation in 49 C.F.R. Parts 101-199.
23-17 (5) "Federal motor carrier safety regulation" means a
23-18 federal regulation in 49 C.F.R. Part 382, 385, or 386 or Parts
23-19 388-399.
23-20 (6) "Federal safety regulation" means a federal
23-21 hazardous material regulation or a federal motor carrier safety
23-22 regulation.
23-23 Sec. 2. CONFLICTS OF LAW. (a) A federal motor carrier
23-24 safety regulation prevails over a conflicting provision of this
23-25 article or a rule adopted by the director under this article.
23-26 (b) A safety rule adopted under this article prevails over a
23-27 conflicting rule adopted by a local government, authority, or state
24-1 agency or officer, other than a conflicting rule adopted by the
24-2 Railroad Commission of Texas under Chapter 113, Natural Resources
24-3 Code.
24-4 Sec. 3. AUTHORITY TO ADOPT RULES. (a) The director shall,
24-5 after notice and a public hearing, adopt rules regulating:
24-6 (1) the safe transportation of hazardous materials;
24-7 and
24-8 (2) the safe operation of commercial motor vehicles.
24-9 (b) A rule adopted under this article must be consistent
24-10 with federal regulations, including federal safety regulations.
24-11 (c) The director may adopt all or part of the federal safety
24-12 regulations by reference.
24-13 (d) Rules adopted under this article must ensure that:
24-14 (1) a commercial motor vehicle is safely maintained,
24-15 equipped, loaded, and operated;
24-16 (2) the responsibilities imposed on a commercial motor
24-17 vehicle's operator do not impair the operator's ability to operate
24-18 safely the vehicle; and
24-19 (3) the physical condition of a commercial motor
24-20 vehicle's operator enables the operator to operate the vehicle
24-21 safely.
24-22 (e) A motor carrier safety rule adopted by a local
24-23 government, authority, or state agency or officer must be
24-24 consistent with corresponding federal regulations.
24-25 Sec. 4. APPLICABILITY OF RULES. (a) Notwithstanding an
24-26 exemption provided in the federal safety regulations, other than an
24-27 exemption relating to intracity or commercial zone operations
25-1 provided in 49 C.F.R. Part 395, a rule adopted by the director
25-2 under this article is uniformly applicable throughout this state.
25-3 (b) A rule adopted under this article applies to a vehicle
25-4 that requires hazardous material placarding.
25-5 (c) A rule adopted under this article may not apply to a
25-6 vehicle that is operated intrastate and that is:
25-7 (1) a machine generally consisting of a mast, engine,
25-8 draw works, and chassis permanently constructed or assembled to be
25-9 used and used in oil or water well servicing or drilling;
25-10 (2) a mobile crane that is an unladen, self-propelled
25-11 vehicle constructed as a machine to raise, shift, or lower weight;
25-12 or
25-13 (3) a vehicle transporting a seed cotton module.
25-14 Sec. 5. LIMITATIONS OF RULES. (a) A rule adopted under
25-15 this article may not:
25-16 (1) prevent an intrastate operator from operating a
25-17 vehicle up to 12 hours following eight consecutive hours off;
25-18 (2) require a person to meet the medical standards
25-19 provided in the federal motor carrier safety regulations if the
25-20 person:
25-21 (A) was regularly employed in this state as a
25-22 commercial motor vehicle operator in intrastate commerce before
25-23 August 28, 1989; and
25-24 (B) is not transporting property that requires a
25-25 hazardous material placard; or
25-26 (3) require a person to maintain a government form,
25-27 separate company form, operator's record of duty status, or
26-1 operator's daily log for operations within a 150-mile radius of the
26-2 normal work-reporting location if a general record of an operator's
26-3 hours of service can be compiled from:
26-4 (A) business records maintained by the owner
26-5 that provide the date, time, and location of the delivery of a
26-6 product or service; or
26-7 (B) documents required to be maintained by law,
26-8 including delivery tickets or sales invoices, that provide the date
26-9 of delivery and the quantity of merchandise delivered.
26-10 (b) For purposes of Subsection (a)(3)(A) of this section, an
26-11 owner's business records generally include:
26-12 (1) the time an operator reports for duty each day;
26-13 (2) the number of hours an operator is on duty each
26-14 day;
26-15 (3) the time an operator is released from duty each
26-16 day; and
26-17 (4) an operator's signed statement in compliance with
26-18 49 C.F.R. Part 395.8(j)(2).
26-19 Sec. 6. CERTIFICATION OF MUNICIPAL PEACE OFFICERS. (a) The
26-20 department shall establish procedures, including training, for the
26-21 certification of municipal peace officers to enforce this article.
26-22 (b) A peace officer of a municipality having a population of
26-23 100,000 or more or in a county bordering the United Mexican States
26-24 is eligible to apply for certification under this section.
26-25 (c) The department by rule shall establish reasonable fees
26-26 sufficient to recover from a municipality the cost of certifying
26-27 its peace officers under this section.
27-1 Sec. 7. MUNICIPAL ENFORCEMENT REQUIREMENTS. (a) The
27-2 department by rule may establish uniform standards for municipal
27-3 enforcement of this article.
27-4 (b) A municipality that engages in enforcement under this
27-5 article:
27-6 (1) shall pay all costs relating to the municipality's
27-7 enforcement; and
27-8 (2) may not be considered, in the context of a federal
27-9 grant related to this article:
27-10 (A) a party to a federal grant agreement; or
27-11 (B) a grantee under a federal grant to the
27-12 department.
27-13 (c) Municipal enforcement under Section 8(b) of this article
27-14 is not considered departmental enforcement for purposes of
27-15 maintaining levels of effort required by a federal grant.
27-16 (d) In each fiscal year, a municipality may retain fines
27-17 from the enforcement of this article in an amount not to exceed 110
27-18 percent of the municipality's actual expenses for enforcement of
27-19 this article in the preceding fiscal year, as determined by the
27-20 comptroller after reviewing the most recent municipal audit
27-21 conducted under Section 103.001, Local Government Code. If there
27-22 are no actual expenses for enforcement of this article in the most
27-23 recent municipal audit, a municipality may retain fines in an
27-24 amount not to exceed 110 percent of the amount the comptroller
27-25 determines would be the municipality's actual expenses for
27-26 enforcement of this article during the year.
27-27 (e) A municipality shall send the proceeds of all fines that
28-1 exceed the limit imposed by Subsection (d) of this section to the
28-2 state treasurer for deposit in the general revenue fund.
28-3 Sec. 8. DETENTION OF VEHICLES. (a) An officer of the
28-4 department may enter or detain on a highway a motor vehicle that is
28-5 subject to this article.
28-6 (b) A peace officer who is certified under Section 6 of this
28-7 article may detain on a highway within the municipality a motor
28-8 vehicle that is subject to this article.
28-9 Sec. 9. INSPECTION OF PREMISES. (a) An officer or employee
28-10 of the department who has been certified for the purpose by the
28-11 director may enter a motor carrier's premises to:
28-12 (1) inspect real property, including a building, or
28-13 equipment; or
28-14 (2) copy or verify the correctness of documents,
28-15 including records or reports, required to be kept or made by rules
28-16 adopted under this article.
28-17 (b) The officer or employee may conduct the inspection:
28-18 (1) at a reasonable time;
28-19 (2) on stating the purpose of the inspection; and
28-20 (3) by presenting to the motor carrier:
28-21 (A) appropriate credentials; and
28-22 (B) a written statement from the department to
28-23 the motor carrier indicating the officer's or employee's authority
28-24 to inspect.
28-25 Sec. 10. CRIMINAL OFFENSE. (a) A person commits an offense
28-26 if the person:
28-27 (1) violates a rule adopted under this article; or
29-1 (2) does not permit an inspection authorized under
29-2 Section 9 of this article.
29-3 (b) An offense under this section is a Class C misdemeanor.
29-4 (c) Each day a violation continues under Subsection (a)(1)
29-5 of this section or each day a person refuses to allow an inspection
29-6 described under Subsection (a)(2) of this section constitutes a
29-7 separate offense.
29-8 Sec. 11. CIVIL PENALTY. (a) A person who does not permit
29-9 an inspection authorized by Section 9 of this article is liable to
29-10 the state for a civil penalty not to exceed $1,000.
29-11 (b) The attorney general may sue to collect the penalty in:
29-12 (1) the county in which the violation is alleged to
29-13 have occurred; or
29-14 (2) Travis County.
29-15 (c) The penalty provided by this section is in addition to
29-16 the penalty provided by Section 10 of this article.
29-17 (d) Each day a person refuses to permit an inspection
29-18 described by Subsection (a) constitutes a separate violation for
29-19 purposes of imposing a penalty.
29-20 Sec. 12. ADMINISTRATIVE PENALTY. (a) The department may
29-21 impose an administrative penalty against a person who violates:
29-22 (1) a rule adopted under this article; or
29-23 (2) a provision of the Uniform Act Regulating Traffic
29-24 on Highways (Article 6701d, Vernon's Texas Civil Statutes) that the
29-25 department by rule subjects to administrative penalties.
29-26 (b) To be designated as subject to administrative penalties
29-27 under Subsection (a)(2) of this section, a provision must relate to
30-1 the safe operation of a commercial motor vehicle.
30-2 (c) A penalty under this section may not exceed the maximum
30-3 penalty provided for violations of a similar federal safety
30-4 regulation.
30-5 (d) A penalty under this section shall be administered in
30-6 the same manner as a penalty under Section 6, Article 6675c,
30-7 Revised Statutes.
30-8 Sec. 13. SUIT FOR INJUNCTION. (a) The attorney general
30-9 shall sue to enjoin a violation or a threatened violation of a rule
30-10 adopted under this article if requested by the director.
30-11 (b) The suit must be brought in the county in which the
30-12 violation or threat is alleged to have occurred.
30-13 (c) The court may grant the director, without bond or other
30-14 undertaking:
30-15 (1) a prohibitory or mandatory injunction, including a
30-16 temporary restraining order; or
30-17 (2) after notice and hearing, a temporary or permanent
30-18 injunction.
30-19 Sec. 14. SAFETY AUDIT PROGRAM. The department shall
30-20 implement and enforce a safety audit program similar to the federal
30-21 program established under 49 C.F.R. Part 385 for a person who owns
30-22 or operates a commercial motor vehicle not subject to safety audits
30-23 by the federal government.
30-24 Sec. 15. RULES. The department may adopt rules as necessary
30-25 to administer this article.
30-26 SECTION 4. Chapter 6, Title 25, Revised Statutes, is amended
30-27 by adding Article 911m to read as follows:
31-1 Art. 911m. MOTOR TRANSPORTATION BROKERS
31-2 Sec. 1. DEFINITION. In this article, "motor transportation
31-3 broker" means:
31-4 (1) a person who sells, offers for sale, provides, or
31-5 negotiates for the transportation of cargo by a motor carrier
31-6 operated by another person; or
31-7 (2) a person who aids and abets a person in performing
31-8 an activity described in Subdivision (1) of this section.
31-9 Sec. 2. EXCEPTION. This article does not apply to a motor
31-10 transportation broker that is registered as a motor carrier under
31-11 Article 6675c, Revised Statutes, or holding a permit issued under
31-12 Subtitle IV, Title 49, United States Code.
31-13 Sec. 3. BOND REQUIRED. (a) A person may not act as a motor
31-14 transportation broker unless the person provides a bond to the
31-15 Texas Department of Transportation as required by this section.
31-16 (b) The bond must:
31-17 (1) be in an amount of at least $10,000 executed by a
31-18 bonding company authorized to do business in this state;
31-19 (2) be payable to this state or a person to whom the
31-20 motor transportation broker provides services; and
31-21 (3) be conditioned on the performance of the contract
31-22 for transportation services between the broker and the person for
31-23 whom services are provided.
31-24 (c) The department may charge the broker a bond review fee
31-25 in an amount not to exceed the cost of reviewing the bond.
31-26 Sec. 4. CRIMINAL PENALTY. (a) A person commits an offense
31-27 if the person fails to provide a bond as required by this section.
32-1 (b) An offense under this section is a Class C misdemeanor.
32-2 SECTION 5. Section 41.03, Alcoholic Beverage Code, is
32-3 amended to read as follows:
32-4 Sec. 41.03. Eligibility for Permit. A carrier permit may be
32-5 issued to:
32-6 (1) a water carrier;
32-7 (2) an airline;
32-8 (3) a railway; <or>
32-9 (4) a motor carrier registered under Article 6675c,
32-10 Revised Statutes; or
32-11 (5) a common carrier operating <under a certificate of
32-12 convenience and necessity issued by the Railroad Commission of
32-13 Texas or> under a certificate issued by the Interstate Commerce
32-14 Commission.
32-15 SECTION 6. Section 42.03, Alcoholic Beverage Code, is
32-16 amended to read as follows:
32-17 Sec. 42.03. Application of Motor Carrier Laws. A person
32-18 desiring to transport liquor for hire <must first secure a
32-19 certificate or permit from the Railroad Commission in accordance
32-20 with the applicable motor carrier laws, and he> shall comply with
32-21 the provisions of the motor carrier laws when engaging in the
32-22 business of transporting liquor for hire.
32-23 SECTION 7. Section 67.01, Alcoholic Beverage Code, is
32-24 amended to read as follows:
32-25 Sec. 67.01. Authorized Activities. A holder of an
32-26 importer's license may import beer into this state only from the
32-27 holder of a nonresident manufacturer's license. The beer may be
33-1 transported by a railway carrier, a motor carrier registered under
33-2 Article 6675c, Revised Statutes, or by a common motor carrier
33-3 operated under a certificate <of convenience and necessity> issued
33-4 by <the Railroad Commission of Texas or by> the Interstate Commerce
33-5 Commission. Each carrier must hold a carrier's permit issued under
33-6 Chapter 41 of this code. All provisions of Chapter 41 relating to
33-7 the transportation of liquor also apply to the transportation of
33-8 beer. A carrier may not transport beer into the state unless it is
33-9 consigned to an importer.
33-10 SECTION 8. Section 201.073, Labor Code, is amended to read
33-11 as follows:
33-12 Sec. 201.073. Delivery Service; Newspaper Delivery Service.
33-13 In this subtitle, "employment" does not include:
33-14 (1) service performed for compensation by an
33-15 individual for a private for-profit delivery service <that operates
33-16 only in a commercial zone as defined and prescribed by the Railroad
33-17 Commission of Texas under Section 1(g), Chapter 314, Acts of the
33-18 41st Legislature, Regular Session, 1929 (Article 911b, Vernon's
33-19 Texas Civil Statutes),> if the individual:
33-20 (A) may accept or reject a job from the delivery
33-21 service;
33-22 (B) is free from control by the delivery service
33-23 as to when the individual works;
33-24 (C) is compensated for each delivery or is
33-25 compensated based on factors relating to the work performed,
33-26 including receipt of a percentage of a rate schedule;
33-27 (D) controls solely the opportunity for profit
34-1 or loss;
34-2 (E) pays all expenses and operating costs,
34-3 including fuel, repairs, supplies, and motor vehicle insurance;
34-4 (F) determines the method of performing the
34-5 service, including selection of routes and order of deliveries;
34-6 (G) is responsible for completion of a specific
34-7 job and is liable for failure to complete the job;
34-8 (H) enters into a contract that specifies the
34-9 relationship of the individual to the delivery service to be that
34-10 of an independent contractor and not an employee; and
34-11 (I) provides the vehicle used to perform the
34-12 service; or
34-13 (2) service by an individual younger than 18 years of
34-14 age in the delivery or distribution of newspapers or shopping news,
34-15 except delivery or distribution to any location for subsequent
34-16 delivery or distribution.
34-17 SECTION 9. Subdivision (3), Section 154.001, Tax Code, is
34-18 amended to read as follows:
34-19 (3) "Common carrier" means a motor carrier registered
34-20 under Article 6675c, Revised Statutes, or a motor carrier operating
34-21 under a certificate issued by the Interstate Commerce Commission
34-22 <that transports goods owned by others for hire and is regulated by
34-23 the Railroad Commission of Texas>.
34-24 SECTION 10. Subdivision (3), Section 155.001, Tax Code, is
34-25 amended to read as follows:
34-26 (3) "Common carrier" means a motor carrier registered
34-27 under Article 6675c, Revised Statutes, or a motor carrier operating
35-1 under a certificate issued by the Interstate Commerce Commission
35-2 <that transports goods owned by others for hire and is regulated by
35-3 the Railroad Commission of Texas>.
35-4 SECTION 11. Article 883, Revised Statutes, is amended to
35-5 read as follows:
35-6 Art. 883. Liability fixed; exceptions for rates based on
35-7 value; evidence; notice of claim may be required. Railroad
35-8 companies, and other carriers of passengers, goods, wares, and
35-9 merchandise for hire, within this state, on land, or in boats or
35-10 vessels on the waters entirely within this state, shall not limit
35-11 or restrict their liability as it exists at common law, by any
35-12 general or special notice, or by inserting exceptions in the bill
35-13 of lading or memorandum given upon the receipt of the goods for
35-14 transportation or in any other manner whatsoever, unless the
35-15 limitation or restriction is in conspicuous writing in a bill of
35-16 lading, a contract for transportation, or other written arrangement
35-17 for transportation<; provided, however, that the provisions hereof
35-18 respecting liabilities of carriers as it exists at common law for
35-19 loss, damage, or injury to baggage and personal effects of
35-20 passengers transported incident to the carriage of persons, goods,
35-21 wares, and merchandise shall not apply to property received for
35-22 transportation concerning which the carriers shall have been or
35-23 shall hereafter be expressly authorized or required by order of the
35-24 Railroad Commission of Texas to establish and maintain rates
35-25 dependent upon the value declared in writing by the shipper of the
35-26 property or agreed upon in writing as the released value of the
35-27 property, in which case, such declaration or agreement shall have
36-1 no effect other than to limit liability and recovery to an amount
36-2 not exceeding the value so declared or released, and so far as
36-3 relates to values, shall be valid and is not hereby prohibited.
36-4 The Railroad Commission of Texas is hereby authorized to fix and
36-5 establish just and reasonable rates for transportation of goods,
36-6 wares, and merchandise described by commodities or articles or by
36-7 generic grouping of commodities or articles, and the baggage and
36-8 personal effects of passengers, dependent upon the value thereof
36-9 declared in writing, or agreed upon in writing by the shipper or
36-10 passenger as the agreed value, under the circumstances and
36-11 conditions surrounding such transportation>. Provided further,
36-12 that a requirement of a notice or claim consistent with the
36-13 provisions of Section 16.071, Civil Practice and Remedies Code
36-14 <Article 5546 of the Revised Civil Statutes of Texas, 1925, as
36-15 heretofore amended>, as a condition precedent to the enforcement of
36-16 any claim or loss, damage and delay or either, or any of them,
36-17 whether inserted in a bill of lading or other contract or
36-18 arrangement for carriage, or otherwise provided, shall be valid and
36-19 is not hereby prohibited.
36-20 SECTION 12. Article 883(a), Revised Statutes, is amended to
36-21 read as follows:
36-22 Art. 883(a). A <No specialized> motor carrier of household
36-23 goods, as defined by 49 U.S.C. Section 10102, may not <or other
36-24 carrier for hire, including the carriers referred to in said
36-25 Article 883, shall> be required to accept for transportation
36-26 household goods<, personal effects or used office furniture and
36-27 equipment,> unless the shipper or owner thereof or his agent shall
37-1 first declare in writing the reasonable value thereof. The carrier
37-2 shall not be liable in damages for an amount in excess of such
37-3 declared value for the loss, destruction or damage of such
37-4 property. <The Railroad Commission shall establish adequate rates
37-5 consistent with such declared values to be assessed and collected
37-6 by such carriers. If the Railroad Commission fails to establish
37-7 such rates, then in that event such carriers are authorized to
37-8 collect reasonable transportation charges consistent with the
37-9 declared value of such property.>
37-10 SECTION 13. Article 911k, Revised Statutes, is amended to
37-11 read as follows:
37-12 Art. 911k. MOTOR CARRIERS EXEMPT FROM GROSS RECEIPTS TAXES.
37-13 A motor bus carrier or <common or contract> motor carrier
37-14 transporting persons or property for hire <subject to regulation by
37-15 the railroad commission> is exempt from any occupation tax measured
37-16 by gross receipts imposed by any law of this state.
37-17 SECTION 14. Subsection (a), Section 8, Chapter 65, Acts of
37-18 the 67th Legislature, Regular Session, 1981 (Article 6519c,
37-19 Vernon's Texas Civil Statutes), is amended to read as follows:
37-20 (a) Except as provided by <Subsection (c), Section 17,
37-21 Chapter 314, Acts of the 41st Legislature, Regular Session, 1929,
37-22 as amended (Article 911b, Vernon's Texas Civil Statutes), and by>
37-23 Section 131.231, Natural Resources Code, all taxes, license fees,
37-24 permit fees, examination fees, and truck registration fees
37-25 collected or received by the Railroad Commission of Texas shall be
37-26 deposited to the credit of the General Revenue Fund.
37-27 SECTION 15. Subsection (c), Section 4, Chapter 410, Acts of
38-1 the 53rd Legislature, Regular Session, 1953 (Article 6674v,
38-2 Vernon's Texas Civil Statutes), is amended to read as follows:
38-3 (c) The word "Project" or the words "Turnpike Project" shall
38-4 mean any express highway or turnpike which the Authority may at any
38-5 time determine to construct under the provisions of this Act and
38-6 any improvement, extension, or expansion to that highway or
38-7 turnpike and includes facilities to relieve traffic congestion and
38-8 to promote safety, and all bridges, tunnels, overpasses,
38-9 underpasses, interchanges, entrance plazas, approaches, toll
38-10 houses, service stations, and administration, storage and other
38-11 buildings which the Authority may deem necessary for the operation
38-12 of the Project, together with all property rights, easements and
38-13 interests which may be acquired by the Authority for the
38-14 construction or the operation of the Project; provided, that the
38-15 location of a Project must before final designation, be approved by
38-16 the State Highway Commission. Provided, however, any "Project" or
38-17 "Turnpike Project" which the Authority may construct under the
38-18 authority of this Act shall at all times be deemed a public highway
38-19 <within the meaning of Chapter 270, page 399, Acts, Fortieth
38-20 Legislature, 1927, as amended by Chapter 78, page 196, Forty-first
38-21 Legislature, First Called Session, 1929, and Chapter 314, page 698,
38-22 Acts, Forty-first Legislature, 1929, as amended by Chapter 277,
38-23 page 480, Acts, Forty-second Legislature, 1931, as amended by
38-24 Chapter 290, page 463, Acts, Forty-seventh Legislature, 1941, and
38-25 to that end no motor bus company, common carrier motor carrier,
38-26 specialized motor carrier, contract carrier or other motor vehicle
38-27 operation for compensation and hire shall be conducted thereon
39-1 except in accordance with the terms and provisions of Chapter 270,
39-2 page 399, Acts, Fortieth Legislature, 1927, as amended by Chapter
39-3 78, page 196, Acts, Forty-first Legislature, First Called Session,
39-4 1929, and Chapter 314, page 698, Acts, Forty-first Legislature,
39-5 1929, as amended by Chapter 277, page 480, Acts, Forty-second
39-6 Legislature, 1931, as amended by Chapter 290, page 463, Acts,
39-7 Forty-seventh Legislature, 1941>.
39-8 SECTION 16. Section 2A, Chapter 18, General Laws, Acts of
39-9 the 41st Legislature, 5th Called Session, 1930 (Article 6675a-6e,
39-10 Vernon's Texas Civil Statutes), is amended to read as follows:
39-11 Sec. 2A. To expedite and facilitate, during the harvesting
39-12 season, the harvesting and marketing of farm products produced in
39-13 this State, the Department is authorized to issue to a nonresident
39-14 owner a 30-day temporary registration permit for any truck, truck
39-15 tractor, trailer or semitrailer to be used in the movement of such
39-16 farm commodities from the place of production to market, storage or
39-17 railhead, not more than seventy-five (75) miles distant from such
39-18 place of production, or to be used in the movement of machinery
39-19 used to harvest any of the commodities named in this section.
39-20 To expedite and facilitate, during the harvesting season, the
39-21 harvesting and movement of farm products produced outside of Texas
39-22 but marketed or processed in Texas or moved to points in Texas for
39-23 shipment, the Department is authorized to issue to a nonresident
39-24 owner a 30-day temporary registration permit for any truck, truck
39-25 tractor, trailer or semitrailer to be used in the movement of such
39-26 farm commodities from the point of entry into Texas to market,
39-27 storage, processing plant, railhead or seaport not more than eighty
40-1 (80) miles distant from such point of entry into Texas. All
40-2 mileages and distances referred to herein are State Highway
40-3 mileages. Before such temporary registration provided for in this
40-4 paragraph may be issued, the applicant must present satisfactory
40-5 evidence that such motor vehicle is protected by such insurance and
40-6 in such amounts as may be described in Section 5 of the Texas Motor
40-7 Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
40-8 Civil Statutes) as it is now written or as it may hereafter be
40-9 amended, and such policies must be issued by an insurance company
40-10 or surety company authorized to write Motor Vehicle Liability
40-11 Insurance in this State unless the applicant is unable to obtain
40-12 the insurance coverage from an insurance company authorized to
40-13 write the coverage in this State, in which case, the applicant,
40-14 with the Department's approval, may obtain the coverage from a
40-15 surplus lines insurer that meets the requirements of Article
40-16 1.14-2, Insurance Code, and rules adopted by the State Board of
40-17 Insurance under that article; and that such vehicle has been
40-18 inspected as required under the Uniform Act Regulating Traffic on
40-19 Highways in Texas (Article XV of Article 6701d, Vernon's Texas
40-20 Civil Statutes) as it is now written or as it may hereafter be
40-21 amended.
40-22 The Department is authorized to prescribe the form of the
40-23 application and the information to be furnished therein for such
40-24 temporary registration permits. If the application is granted, the
40-25 Department shall issue a special distinguishing insignia which must
40-26 be attached to such vehicle in lieu of the regular Texas Highway
40-27 registration plates. Such special insignia shall show its
41-1 expiration date. The temporary registration permit fee shall be
41-2 one-twelfth (1/12) of the annual Texas registration fee for the
41-3 vehicle for which the special permit is secured.
41-4 The temporary permits herein authorized shall be issued only
41-5 when the vehicle for which said permit is issued is legally
41-6 registered in the nonresident owner's home state or country for the
41-7 current registration year; and said permit will remain valid only
41-8 so long as the home state or country registration is valid; but in
41-9 any event the Texas temporary registration permit will expire 30
41-10 days from the date of issuance. Not more than three (3) such
41-11 temporary registration permits may be issued to a nonresident owner
41-12 during any one (1) vehicle registration year in the State of Texas.
41-13 A vehicle registered under the terms of this Act may not be
41-14 operated in Texas after the expiration of the temporary permit
41-15 unless the nonresident owner secures a second temporary permit as
41-16 provided above, or unless the nonresident owner registers the
41-17 vehicle under the appropriate Texas vehicular registration
41-18 statutes, applicable to residents, for the remainder of the
41-19 registration year. No such vehicle may be registered with a Texas
41-20 farm truck license.
41-21 Any person who shall transport any of the commodities
41-22 described in this Act, under a temporary permit provided for
41-23 herein, to a market, place of storage, processing plant, railhead
41-24 or seaport, which is a greater distance from the place of
41-25 production of such commodity in this State, or the point of entry
41-26 into the State of Texas than is provided for in said temporary
41-27 permit, or shall follow a route other than that prescribed by the
42-1 Highway Commission, shall be punished by a fine of not less than
42-2 Twenty-five Dollars ($25), nor more than Two Hundred Dollars
42-3 ($200).
42-4 Nothing in this Act shall be construed to authorize such
42-5 nonresident owner or operator to operate or cause to be operated
42-6 any of such vehicles in this State in violation of <Chapter 314,
42-7 Acts of the 41st Legislature, Regular Session, 1929, as amended
42-8 (Article 911b, Vernon's Texas Civil Statutes) or> any of the other
42-9 laws of this State.
42-10 SECTION 17. Subdivision (1), Section 2, Vehicle Storage
42-11 Facility Act (Article 6687-9a, Revised Statutes), is amended to
42-12 read as follows:
42-13 (1) "Commission" means the <Railroad Commission of>
42-14 Texas Department of Transportation.
42-15 SECTION 18. Subsection (c), Section 4, Vehicle Storage
42-16 Facility Act (Article 6687-9a, Revised Statutes), is amended to
42-17 read as follows:
42-18 (c) The commission may impose and collect a fee for a
42-19 license in an amount sufficient to recover the commission's costs
42-20 of administering this Act. Fees collected under this subsection
42-21 shall be deposited in <a special account in> the general revenue
42-22 fund <that may be appropriated only to the commission for the
42-23 administration of this Act>.
42-24 SECTION 19. Subsection (b), Section 13, Vehicle Storage
42-25 Facility Act (Article 6687-9a, Revised Statutes), is amended to
42-26 read as follows:
42-27 (b) The notice must be sent by certified mail, return
43-1 receipt requested, and must contain:
43-2 (1) the date the vehicle was accepted for storage;
43-3 (2) the first day for which a storage fee is assessed;
43-4 (3) the daily storage rate;
43-5 (4) the type and amount of all other charges to be
43-6 paid when the vehicle is claimed;
43-7 (5) the full name, street address, and telephone
43-8 number of the facility;
43-9 (6) the hours during which the owner may claim the
43-10 vehicle; and
43-11 (7) the facility license number preceded by "Texas
43-12 Department of Transportation <"Railroad Commission of Texas>
43-13 Vehicle Storage Facility License Number."
43-14 SECTION 20. Section 15, Vehicle Storage Facility Act
43-15 (Article 6687-9a, Revised Statutes), is amended to read as follows:
43-16 Sec. 15. Use of Fees. The commission shall remit all fees
43-17 collected under this article to the State Treasurer for deposit in
43-18 the State Treasury to the credit of the general revenue <a> fund
43-19 <to be used, subject to legislative appropriation, for
43-20 administering this article>.
43-21 SECTION 21. Subsection (2), Section C, Article 6701-1/2,
43-22 Revised Statutes, is amended to read as follows:
43-23 (2) The Texas <State> Department of <Highways and
43-24 Public> Transportation may issue single trip permits to owners of
43-25 manufactured homes provided that the ownership of the manufactured
43-26 home and of the towing vehicle is shown to be the same person by
43-27 the title to the home and to the towing vehicle or that a lease
44-1 <duly filed pursuant to Chapter 209, Acts of the 53rd Legislature,
44-2 Regular Session, 1953 (Article 6701c-1, Vernon's Texas Civil
44-3 Statutes),> shows the owner of the manufactured home to be the
44-4 lessee of the towing vehicle. Single trip permits may also be
44-5 issued to installers registered with the Texas Department of
44-6 Licensing and Regulation <Labor and Standards> for the
44-7 transportation of manufactured homes <over routes between points
44-8 when such transportation would be excluded from regulation under
44-9 Chapter 314, Acts of the 41st Legislature, Regular Session, 1929
44-10 (Article 911b, Vernon's Texas Civil Statutes)>. The owner or
44-11 installer must have proof of insurance coverage in force as
44-12 required in Section H of this article.
44-13 SECTION 22. Subsection (e), Section 3, Chapter 41, General
44-14 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
44-15 (Article 6701a, Vernon's Texas Civil Statutes), is amended to read
44-16 as follows:
44-17 (e) The requirement of a bond contained in this section does
44-18 not apply to the driving or transporting of farm equipment which is
44-19 being used for agricultural purposes if it is driven or transported
44-20 by or under the authority of the owner of the equipment. The bond
44-21 requirement does apply to the delivery of farm equipment to a farm
44-22 equipment dealer. The requirement of a bond does not apply to a
44-23 vehicle or equipment operated by a motor carrier registered under
44-24 Article 6675c, Revised Statutes.
44-25 SECTION 23. Section 3, Article 6701b-1, Revised Statutes, is
44-26 amended to read as follows:
44-27 Sec. 3. Exceptions. This article does not apply to:
45-1 (1) <a commercial motor vehicle operated under the
45-2 control, supervision, or authority of a motor bus company that has
45-3 a certificate issued by the Railroad Commission of Texas under
45-4 Chapter 270, Acts of the 40th Legislature, Regular Session, 1927,
45-5 as amended (Article 911a, Vernon's Texas Civil Statutes); or>
45-6 <(2) a commercial motor vehicle, truck-tractor, or
45-7 road-tractor operated under the control, supervision, or authority
45-8 of a motor carrier that is subject to Section 18 or exempt under
45-9 Section 18a, Chapter 314, Acts of the 41st Legislature, Regular
45-10 Session, 1929, as amended (Article 911b, Vernon's Texas Civil
45-11 Statutes); or>
45-12 <(3)> a commercial motor vehicle, truck-tractor, or
45-13 road-tractor required to be registered under Section 113.131,
45-14 Chapter 113, Natural Resources Code; or
45-15 (2) <(4)> any commercial motor vehicle, truck-tractor,
45-16 or road-tractor registered under Section 6a, Chapter 88, General
45-17 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929, as
45-18 amended (Article 6675a-6a, Vernon's Texas Civil Statutes); or
45-19 (3) <(5)> a commercial motor vehicle, truck-tractor,
45-20 or road-tractor operated under the control, supervision, or
45-21 authority of a person through the execution of a bona fide lease,
45-22 memorandum, or agreement in compliance with Chapter 209, Acts of
45-23 the 53rd Legislature, Regular Session, 1953, as amended (Article
45-24 6701c-1, Vernon's Texas Civil Statutes); or
45-25 (4) <(6)> any commercial motor vehicle, truck-tractor,
45-26 or road-tractor operated in private carriage that is subject to
45-27 Title 49, Code of Federal Regulations, Part 397.21; or
46-1 (5) <(7)> a commercial motor vehicle, truck-tractor,
46-2 or road-tractor operated under the direct control, supervision, or
46-3 authority of a bona fide public utility, as recognized by the Texas
46-4 Legislature, that is otherwise visibly marked; or
46-5 (6) <(8)> any commercial motor vehicle, truck-tractor,
46-6 or road-tractor transporting timber products in their natural state
46-7 from first point of production or harvest to first point of
46-8 processing.
46-9 SECTION 24. Subsection (a), Section 140A, Uniform Act
46-10 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
46-11 Statutes), is amended to read as follows:
46-12 (a) In this section:
46-13 (1) "Commercial motor vehicle" means any
46-14 self-propelled or towed vehicle, except a farm vehicle with a gross
46-15 weight, registered weight, or gross weight rating of less than
46-16 48,000 pounds, used on a public highway to transport passengers or
46-17 cargo <property> when:
46-18 (A) the vehicle or combination of vehicles has a
46-19 gross weight, registered weight, or gross weight rating in excess
46-20 of 26,000 pounds;
46-21 (B) the vehicle is designed to transport more
46-22 than 15 passengers, including the driver; or
46-23 (C) the vehicle is used in the transportation of
46-24 hazardous materials in a quantity requiring placarding under the
46-25 regulations issued under the federal Hazardous Materials
46-26 Transportation Act (49 U.S.C. app. Sections 1801-1813).
46-27 (2) "Commission" means the Public Safety Commission.
47-1 (3) "Farm vehicle" has the meaning assigned by the
47-2 Federal Motor Carrier Safety Regulations under Title 49, Code of
47-3 Federal Regulations.
47-4 (4) "Federal safety regulations" means the Federal
47-5 Motor Carrier Safety Regulations under Title 49, Code of Federal
47-6 Regulations.
47-7 SECTION 25. Chapter 42, General Laws, Acts of the 41st
47-8 Legislature, 2nd Called Session, 1929 (Article 6701d-11, Vernon's
47-9 Texas Civil Statutes), is amended by adding Section 1B to read as
47-10 follows:
47-11 Sec. 1B. "Oil field equipment" means machinery, materials,
47-12 and equipment used in the construction, operation, and maintenance
47-13 of facilities, including pipelines, that are used for the
47-14 discovery, production, and processing of natural gas or petroleum.
47-15 SECTION 26. Subdivision (1), Subsection (c), Section 3,
47-16 Chapter 42, General Laws, Acts of the 41st Legislature, 2nd Called
47-17 Session, 1929 (Article 6701d-11, Vernon's Texas Civil Statutes), is
47-18 amended to read as follows:
47-19 (1) No motor vehicle, other than a truck-tractor,
47-20 shall exceed a length of forty-five (45) feet. Except as provided
47-21 in Subsection (c-1) of this section, it shall be lawful for any
47-22 combination of not more than three (3) vehicles to be coupled
47-23 together including, but not limited to, a truck and semi-trailer,
47-24 truck and trailer, truck-tractor and semi-trailer and trailer, or a
47-25 truck-tractor and two trailers, provided such combination of
47-26 vehicles, other than a truck-tractor combination, shall not exceed
47-27 a length of sixty-five (65) feet, unless such vehicle or
48-1 combination of vehicles is operated exclusively within the limits
48-2 of an incorporated city or town; and unless, in the case of any
48-3 combination of such vehicles, same be operated by municipal
48-4 corporations in adjoining suburbs wherein said municipal
48-5 corporation has heretofore been using such or like equipment in
48-6 connection with an established service to such suburbs of the
48-7 municipality. The length limitations in this subdivision do not
48-8 apply to a truck-tractor, truck-tractor combination, or a
48-9 truck-trailer combination exclusively transporting oil field
48-10 equipment<, as that term is defined by Subsection (i) of Section 1,
48-11 Chapter 314, Acts of the 41st Legislature, Regular Session, 1929
48-12 (Article 911b, Vernon's Texas Civil Statutes)>. Motor buses as
48-13 defined in Section 1, Chapter 88, General Laws, Acts of the 41st
48-14 Legislature, 2nd Called Session, 1929 (Article 6675a-1, Vernon's
48-15 Texas Civil Statutes), exceeding thirty-five (35) feet in length,
48-16 but not exceeding forty-five (45) feet in length, may be lawfully
48-17 operated over the highways of this state if such motor buses are
48-18 equipped with air brakes and have either three or more axles or a
48-19 minimum of four (4) tires on the rear axle. The limitations in
48-20 this subdivision shall not apply to any house trailer or to any
48-21 combination of a house trailer and a motor vehicle, but no house
48-22 trailer and motor vehicle combination shall exceed a total length
48-23 of sixty-five (65) feet. "House trailer" as used herein means a
48-24 living quarters equipped and used for sleeping and eating and which
48-25 may be moved from one location to another over a public highway by
48-26 being pulled behind a motor vehicle. No house trailer, as the same
48-27 is defined herein, shall be entitled to the exemption contained in
49-1 this Subsection unless the owner thereof shall have paid all taxes,
49-2 including ad valorem taxes, and fees due and payable under the laws
49-3 of this state, levied on said house trailer.
49-4 SECTION 27. Subsection (g), Section 5B, Chapter 42, General
49-5 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
49-6 (Article 6701d-11, Vernon's Texas Civil Statutes), is amended to
49-7 read as follows:
49-8 (g) An applicant for a permit under this section, other than
49-9 an applicant who intends to operate a vehicle that is loaded with
49-10 timber or pulp wood, wood chips, cotton, or agricultural products
49-11 in their natural state or an applicant who is a motor carrier
49-12 registered under Article 6675c, Revised Statutes, shall file with
49-13 the department an irrevocable letter of credit issued by a
49-14 financial institution whose deposits are guaranteed by the Federal
49-15 Deposit Insurance Corporation or a blanket bond in the amount of
49-16 $15,000 payable to the department and to the counties of this state
49-17 and conditioned that the applicant will pay to the department for
49-18 any damage to a state highway and will pay to a county for any
49-19 damage to a road or bridge of such county caused by the operation
49-20 of any vehicle for which a permit is issued with a gross weight or
49-21 axle weight that exceeds the weights authorized by Section 5 or
49-22 Section 5 1/2 of this Act. The bond or letter of credit shall
49-23 include an undertaking by the issuer to notify the department and
49-24 the applicant in writing promptly after any payment is made by the
49-25 issuer in respect of the bond or letter of credit. If payment is
49-26 made by the issuer in respect of the bond or letter of credit and
49-27 the applicant does not file with the department a replacement bond
50-1 or letter of credit in the full amount of $15,000, or a
50-2 notification from the issuer of the existing bond or letter of
50-3 credit that the existing bond or letter of credit has been restored
50-4 to the full $15,000, within 30 days after the date of such payment,
50-5 then all permits held by the applicant under this section shall
50-6 automatically expire.
50-7 SECTION 28. Section 33, Texas Motor Vehicle
50-8 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
50-9 Statutes), is amended to read as follows:
50-10 Sec. 33. Exceptions. This Act shall not apply with respect
50-11 to any motor vehicle owned by the United States, the State of Texas
50-12 or any political subdivision of this state, or any municipality
50-13 therein <except as provided in Section 35>, nor to the officers,
50-14 agents or employees of the United States, the State of Texas, or
50-15 any political subdivision of the state, while driving said vehicle
50-16 in the course of their employment; provided, however, that the
50-17 operator of every motor vehicle specified herein shall comply with
50-18 the provisions of Section 4 of this Act; nor, except for Sections 4
50-19 and 26 of this Act, with respect to any motor vehicle which is
50-20 subject to the requirements of Article 6675c, Revised Statutes
50-21 <Articles 911a (Sec. 11) and 911b (Sec. 13) of the Revised Civil
50-22 Statutes of Texas>; provided, however, that nothing in this Act
50-23 shall be construed so as to exclude from this Act its applicability
50-24 to taxicabs, jitneys, or other vehicles for hire, operating under
50-25 franchise or permit of any incorporated city, town or village.
50-26 SECTION 29. Subsection (c), Section 10, Article 9103,
50-27 Revised Statutes, is amended to read as follows:
51-1 (c) This article does not apply to public warehouses owned,
51-2 controlled, operated, or leased by motor carriers under Article
51-3 6675c, Revised Statutes <licensed by and within the jurisdiction of
51-4 the Railroad Commission of Texas under the provisions of Article
51-5 911b, Vernon's Texas Civil Statutes>, or their agents.
51-6 SECTION 30. The following laws are repealed:
51-7 (1) Section 361.431, Health and Safety Code;
51-8 (2) Section 51.012, Election Code;
51-9 (3) Chapter 270, Acts of the 40th Legislature, Regular
51-10 Session, 1927 (Article 911a, Vernon's Texas Civil Statutes);
51-11 (4) Chapter 314, Acts of the 41st Legislature, Regular
51-12 Session, 1929 (Article 911b, Vernon's Texas Civil Statutes);
51-13 (5) Chapter 1, page 672, General Laws, Acts of the
51-14 46th Legislature, 1939 (Article 911d, Vernon's Texas Civil
51-15 Statutes);
51-16 (6) Chapter 544, Acts of the 59th Legislature, Regular
51-17 Session, 1965 (Article 911f, Vernon's Texas Civil Statutes);
51-18 (7) Article 911h, Revised Statutes;
51-19 (8) Chapter 88, Acts of the 60th Legislature, Regular
51-20 Session, 1967 (Article 911i, Vernon's Texas Civil Statutes);
51-21 (9) Chapter 114, Acts of the 43rd Legislature, 1st
51-22 Called Session, 1933 (Article 911j, Vernon's Texas Civil Statutes);
51-23 (10) Chapter 1135, Acts of the 70th Legislature,
51-24 Regular Session, 1987 (Article 6687-9b, Vernon's Texas Civil
51-25 Statutes);
51-26 (11) Subsection (o), Section 2, Uniform Act Regulating
51-27 Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes);
52-1 (12) Section 139, Uniform Act Regulating Traffic on
52-2 Highways (Article 6701d, Vernon's Texas Civil Statutes); and
52-3 (13) Subsection (e), Section 5-2/3, Chapter 42,
52-4 General Laws, Acts of the 41st Legislature, 2nd Called Session,
52-5 1929 (Article 6701d-11, Vernon's Texas Civil Statutes), as added by
52-6 Chapter 689, Acts of the 68th Legislature, Regular Session, 1983.
52-7 SECTION 31. (a) Any appropriation made to the Railroad
52-8 Commission of Texas for the biennium ending August 31, 1997, for
52-9 the administration of a law repealed by Section 30 of this Act is
52-10 transferred to:
52-11 (1) the Texas Department of Transportation, if the
52-12 appropriation was for an activity previously administered by the
52-13 railroad commission that is now administered by the Texas
52-14 Department of Transportation under Section 1 of this Act; or
52-15 (2) the Department of Public Safety of the State of
52-16 Texas, if the appropriation was for an activity previously
52-17 administered by the railroad commission that is now administered by
52-18 the Department of Public Safety under Section 3 of this Act.
52-19 (b) A rule adopted by the Railroad Commission of Texas under
52-20 a law repealed by Section 30 of this Act before the effective date
52-21 of this Act that is not inconsistent with this Act remains in
52-22 effect as a rule of the Texas Department of Transportation or the
52-23 Department of Public Safety until superseded by a rule adopted by
52-24 the appropriate department.
52-25 (c) A registration that is valid on the effective date of
52-26 this Act remains valid until it expires or until the Texas
52-27 Department of Transportation suspends or revokes the registration.
53-1 In renewing a registration, the Texas Department of Transportation
53-2 shall, to the extent possible, assign a registration number to a
53-3 motor carrier that is identical to the prior number issued by the
53-4 Railroad Commission of Texas.
53-5 (d) A proceeding to suspend or revoke a registration issued
53-6 under a law repealed by Section 30 of this Act, or to impose a
53-7 penalty under a law repealed by Section 30 of this Act, that is
53-8 pending before the Railroad Commission of Texas on the effective
53-9 date of this Act is transferred without change in status to the
53-10 Texas Department of Transportation on the effective date of this
53-11 Act unless registration for the activity is no longer required or a
53-12 penalty may no longer be imposed. If registration is no longer
53-13 required or a penalty may no longer be imposed, the proceeding is
53-14 dismissed on the effective date of this Act.
53-15 (e) All records of the Railroad Commission of Texas
53-16 involving the registration of a motor carrier under a law repealed
53-17 by Section 30 of this Act that pertain to registration or safety
53-18 requirements as required by this Act are transferred to the Texas
53-19 Department of Transportation or the Department of Public Safety on
53-20 the effective date of this Act.
53-21 (f) A proceeding to suspend or revoke a license issued under
53-22 the Vehicle Storage Facility Act (Article 6687-9a, Revised
53-23 Statutes) or to impose a penalty under that Act that is pending
53-24 before the Railroad Commission of Texas on the effective date of
53-25 this Act is transferred without change in status to the Texas
53-26 Department of Transportation on the effective date of this Act.
53-27 All records of the Railroad Commission of Texas involving licensing
54-1 of a facility under the Vehicle Storage Facility Act are
54-2 transferred to the Texas Department of Transportation on the
54-3 effective date of this Act.
54-4 (g) The Railroad Commission of Texas, the Texas Department
54-5 of Transportation, and the Department of Public Safety shall adopt
54-6 a memorandum of understanding regarding the transfer of
54-7 administrative duties that occurs under this Act.
54-8 (h) On the effective date of this Act, the Motor Carrier Act
54-9 enforcement fund account in the general revenue fund is abolished
54-10 and any money in the account is transferred to the undedicated
54-11 portion of the general revenue fund.
54-12 (i) Not later than January 1, 1996, the Texas Department of
54-13 Transportation shall review all rules adopted by the department to
54-14 enforce this Act.
54-15 (j) Not later than January 1, 1996, the Department of Public
54-16 Safety shall review all rules adopted by the department to enforce
54-17 this Act.
54-18 (k) After conducting a review as required by Subsection (i)
54-19 or (j) of this section, the Texas Department of Transportation and
54-20 the Department of Public Safety shall adopt new rules as
54-21 appropriate.
54-22 SECTION 32. Not later than January 1, 1996, all state
54-23 agencies shall review existing regulations which affect motor
54-24 carriers and seek means to improve resource utilization and
54-25 enforcement as well as seek means to improve the industry's
54-26 productivity and voluntary compliance in such areas as vehicle
54-27 registration and inspection, reporting requirements, issuance of
55-1 temporary permits, and filing of credentials. Such review shall
55-2 include efforts to eliminate duplicitous regulations.
55-3 SECTION 33. This Act takes effect September 1, 1995.
55-4 SECTION 34. The importance of this legislation and the
55-5 crowded condition of the calendars in both houses create an
55-6 emergency and an imperative public necessity that the
55-7 constitutional rule requiring bills to be read on three several
55-8 days in each house be suspended, and this rule is hereby suspended.