S.B. No. 3
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) "Director" means the executive director of the
1-9 department or the director's designee not below the rank of
1-10 division or special office director.
1-11 (2) "Motor carrier" means an individual, association,
1-12 corporation, or other legal entity that controls, operates, or
1-13 directs the operation of one or more vehicles that transport
1-14 persons or cargo over a road or highway in this state.
1-15 (3) "Hazardous material" has the meaning assigned by
1-16 49 U.S.C. Section 5102.
1-17 (4) "Household goods" has the meaning assigned by 49
1-18 U.S.C. Section 10102.
1-19 (5) "Insurer" means a person, including a surety,
1-20 authorized in this state to write lines of insurance coverage
1-21 required by this article.
1-22 (6) "Tow truck" means a motor vehicle, including a
1-23 wrecker, equipped with a mechanical device used to tow, winch, or
1-24 otherwise move another motor vehicle.
2-1 (7) "Vehicle requiring registration" means a vehicle
2-2 described in Section 3(a) of this article.
2-3 Sec. 2. EXEMPTIONS. This article does not apply to:
2-4 (1) a motor vehicle registered under the single state
2-5 registration system established under 49 U.S.C. Section 11506(c)
2-6 when operating exclusively in interstate or international commerce;
2-7 (2) a motor vehicle registered as a cotton vehicle
2-8 under Section 5o, Chapter 88, General Laws, Acts of the 41st
2-9 Legislature, 2nd Called Session, 1929 (Article 6675a-5o, Vernon's
2-10 Texas Civil Statutes); or
2-11 (3) a motor vehicle the department by rule exempts
2-12 because the vehicle is subject to comparable registration and a
2-13 comparable safety program administered by another agency.
2-14 Sec. 3. REGISTRATION. (a) A motor carrier may not operate
2-15 a commercial motor vehicle, as defined by Section 140A, Uniform Act
2-16 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
2-17 Statutes), or a tow truck on a road or highway of this state unless
2-18 the carrier registers with the department under this article.
2-19 (b) An applicant for registration under this section must
2-20 submit an application to the department on a form prescribed by the
2-21 department. The application must include:
2-22 (1) the name of the owner and the principal business
2-23 address of the motor carrier;
2-24 (2) the name and address of the legal agent for
2-25 service of process of the carrier in this state, if different;
2-26 (3) a description of each vehicle requiring
2-27 registration the carrier proposes to operate, including the motor
3-1 vehicle identification number, make, and unit number;
3-2 (4) a statement as to whether the carrier proposes to
3-3 transport household goods or hazardous materials;
3-4 (5) a declaration that the applicant has knowledge of
3-5 all laws and rules relating to motor carrier safety, including this
3-6 article, Article 6675d, Revised Statutes, and the Uniform Act
3-7 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
3-8 Statutes); and
3-9 (6) any other information the department by rule
3-10 determines is necessary for the safe operation of a carrier under
3-11 this article.
3-12 (c) The application must be filed with the department along
3-13 with:
3-14 (1) an application fee of $100 plus a $10 fee for each
3-15 vehicle requiring registration the motor carrier proposes to
3-16 operate;
3-17 (2) proof of insurance or financial responsibility as
3-18 required by Section 4(d) of this article; and
3-19 (3) any insurance filing fee required under Section
3-20 4(f) of this article.
3-21 (d) The department shall register a motor carrier under this
3-22 section if the carrier meets the requirements of Subsections (b)
3-23 and (c) of this section. The department may deny a registration if
3-24 the applicant 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 motor carrier, regardless of the
4-1 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 motor
4-4 carrier operates.
4-5 (f) The department may conditionally accept an incomplete
4-6 application for registration if the motor carrier meets the
4-7 requirements of Subsection (c) of this section. The department
4-8 shall notify the motor carrier of the incomplete status of the
4-9 application and the information required for completion. If the
4-10 motor carrier fails to provide the information within 45 days after
4-11 the date the department provides notice of the incomplete status,
4-12 the application is considered withdrawn and the department shall
4-13 retain the fees required by Subsection (c)(1) of this section.
4-14 (g) A motor carrier required to register under this article
4-15 shall supplement the carrier's application for registration before:
4-16 (1) the carrier transports hazardous materials or
4-17 household goods if the carrier has not provided notice to the
4-18 department in the carrier's initial or a supplemental application
4-19 for registration;
4-20 (2) the carrier operates a vehicle requiring
4-21 registration that is not listed on the carrier's initial or a
4-22 supplemental application for registration; or
4-23 (3) the carrier changes the carrier's principal
4-24 business address, legal agent, ownership, or name.
4-25 (h) The department shall prescribe the form of a
4-26 supplemental application for registration made under Subsection (g)
4-27 of this section. A motor carrier may not operate an additional
5-1 vehicle requiring registration unless the carrier pays a
5-2 registration fee of $10 for each additional vehicle the motor
5-3 carrier proposes to operate and shows the department evidence of
5-4 insurance or financial responsibility in an amount at least equal
5-5 to the amount set by the department under Section 4(a) of this
5-6 article for the new vehicle. A motor carrier is not required to
5-7 pay the $10 registration fee for an additional vehicle that is a
5-8 replacement for a previous vehicle for which the fee was paid. A
5-9 registered motor carrier may not begin transporting household goods
5-10 or hazardous materials unless the carrier shows the department
5-11 evidence of insurance or financial responsibility in an amount at
5-12 least equal to the amount set by the department for a vehicle
5-13 carrying household goods or hazardous materials under Section 4(a)
5-14 of this article.
5-15 (i) A registration issued under this article is valid for
5-16 one year. The department may adopt a system under which
5-17 registrations expire at different times during the year. A motor
5-18 carrier may renew a registration under this article by:
5-19 (1) supplementing the application with any new
5-20 information required under Subsection (g) of this section;
5-21 (2) paying a $10 fee for each vehicle requiring
5-22 registration the carrier operates; and
5-23 (3) showing the department evidence of continuing
5-24 insurance or financial responsibility in an amount at least equal
5-25 to the amount set by the department under Section 4(a) of this
5-26 article.
5-27 (j) The department may by rule provide for the temporary
6-1 registration of an international motor carrier that provides the
6-2 same proof of insurance as is required for a domestic motor
6-3 carrier. The department may charge a fee for a temporary
6-4 registration in an amount not to exceed the costs of administering
6-5 this subsection.
6-6 (k) The department may not collect more than $10 in
6-7 equipment registration fees for a vehicle registered under both
6-8 this article and Article 6675c-1, Revised Statutes.
6-9 Sec. 4. INSURANCE. (a) A motor carrier that is required to
6-10 register under this article shall maintain liability insurance in
6-11 an amount set by the department for each vehicle requiring
6-12 registration the carrier operates. The department by rule may set
6-13 the amount of liability insurance required at an amount that does
6-14 not exceed the amount required for a motor carrier under federal
6-15 regulations adopted under 49 U.S.C. Section 10927(a)(1). In
6-16 setting the amount the department shall consider:
6-17 (1) the class and size of the vehicle; and
6-18 (2) the type of persons or cargo being transported.
6-19 (b) A motor carrier required to register under this article
6-20 transporting household goods shall maintain cargo insurance in the
6-21 same amount required for a motor carrier transporting household
6-22 goods under federal law.
6-23 (c) A motor carrier may meet the insurance requirements of
6-24 Subsections (a) and (b) of this section through self-insurance if
6-25 the carrier demonstrates to the department that it can satisfy its
6-26 obligations for bodily injury and property damage liability. The
6-27 department shall adopt rules that, in the interest of public
7-1 safety, provide for a responsible system of self-insurance for a
7-2 motor carrier.
7-3 (d) A motor carrier that is required to register under this
7-4 article must file with the department proof of insurance in the
7-5 amounts required by Subsections (a) and (b) of this section, or
7-6 proof of financial responsibility as described by Subsection (c) of
7-7 this section, in a form prescribed by the department. The form
7-8 must be filed:
7-9 (1) at the time of the initial registration;
7-10 (2) at the time of a subsequent registration, if the
7-11 motor carrier was required to be continuously registered under this
7-12 article and the carrier failed to maintain continuous registration;
7-13 (3) at the time a motor carrier changes insurers; and
7-14 (4) at the time a motor carrier changes ownership, as
7-15 determined by rules adopted by the department.
7-16 (e) A motor carrier shall keep proof of insurance in a form
7-17 approved by the department in the cab of each vehicle requiring
7-18 registration the carrier operates.
7-19 (f) The department may charge a fee of $100 for a filing
7-20 made under Subsection (d) of this section.
7-21 (g) An insurer may not terminate coverage provided to a
7-22 motor carrier registered under this article unless the insurer
7-23 provides the department with notice at least 30 days before the
7-24 date the termination takes effect.
7-25 (h) Notice under Subsection (g) of this section must be in a
7-26 form approved by the department and the Texas Department of
7-27 Insurance. The department shall notify the Department of Public
8-1 Safety of each notice filed under Subsection (g) of this section.
8-2 (i) If an insurer for a motor carrier becomes insolvent, is
8-3 placed in receivership, or had its certificate of authority
8-4 suspended or revoked and if the carrier no longer has insurance
8-5 coverage as required by this section, the carrier shall file with
8-6 the department, not later than the 10th day after the date the
8-7 coverage lapses:
8-8 (1) proof of insurance as required by Subsection (d)
8-9 of this section; and
8-10 (2) an affidavit that:
8-11 (A) indicates that an accident from which the
8-12 carrier may incur liability did not occur during the period when
8-13 the coverage was not in effect; or
8-14 (B) contains a plan acceptable to the department
8-15 indicating how the carrier will satisfy claims of liability against
8-16 the carrier for an accident that occurred during the period when
8-17 the coverage was not in effect.
8-18 (j) Notwithstanding any contrary provision of any law or
8-19 regulation, a motor carrier required to register under this article
8-20 shall protect its employees by obtaining workers' compensation
8-21 insurance coverage as defined under the Texas Workers' Compensation
8-22 Act (Subtitle A, Title 5, Labor Code) or accidental insurance
8-23 coverage in an amount fixed by the Texas Department of
8-24 Transportation from a reliable insurance company or companies
8-25 authorized to write such policies in this state approved by the
8-26 department. The amount fixed by the department may not be less
8-27 than $300,000 for medical expenses for no less than 104 weeks,
9-1 $100,000 for accidental death and dismemberment, 70 percent of the
9-2 employee's pre-injury income for no less than 104 weeks when
9-3 compensating for loss of income, and $500 for the maximum weekly
9-4 benefit.
9-5 Sec. 5. CAB CARDS. (a) The department shall issue a cab
9-6 card for each vehicle requiring registration operated by a motor
9-7 carrier. The card must contain the registration number of the
9-8 certificate issued under Section 3(e) of this article, the vehicle
9-9 unit number, the vehicle identification number, and a statement
9-10 that the vehicle is registered to operate under this article. The
9-11 department shall issue cab cards annually at the time a motor
9-12 carrier pays a registration fee under Section 3 of this article.
9-13 The department may charge a fee of $1 for each cab card issued. A
9-14 motor carrier required to register under this article must keep the
9-15 cab card in the cab of each vehicle requiring registration the
9-16 carrier operates.
9-17 (b) The department may order a motor carrier to surrender a
9-18 cab card if the carrier's registration is suspended or revoked
9-19 under Section 7 of this article.
9-20 (c) If the department determines that the cab card system
9-21 described in Subsection (a) of this section is no longer an
9-22 efficient means of enforcing this article, the department may adopt
9-23 by rule an alternative method that is accessible by law enforcement
9-24 personnel in the field to allow for the enforcement of the annual
9-25 registration of vehicles for compliance with this article.
9-26 Sec. 6. ADMINISTRATIVE PENALTY BY TEXAS DEPARTMENT OF
9-27 TRANSPORTATION. (a) The department may impose an administrative
10-1 penalty against a motor carrier required to register under this
10-2 article who violates a provision of Section 3, 4, 5, 8, or 12 of
10-3 this article or a rule or order adopted under those sections. The
10-4 department shall designate one or more employees to investigate and
10-5 administer penalties under this section.
10-6 (b) The penalty for a violation may be in an amount not to
10-7 exceed $5,000. If it is found that the motor carrier knowingly
10-8 committed a violation, the penalty for a violation may not exceed
10-9 $15,000. If it is found that the motor carrier knowingly committed
10-10 multiple violations, the aggregate penalty for the multiple
10-11 violations may not exceed $30,000. Each day a violation continues
10-12 or occurs is a separate violation for purposes of imposing a
10-13 penalty.
10-14 (c) The amount of the penalty shall be based on:
10-15 (1) the seriousness of the violation, including the
10-16 nature, circumstances, extent, and gravity of any prohibited acts,
10-17 and the hazard or potential hazard created to the health, safety,
10-18 or economic welfare of the public;
10-19 (2) the economic harm to property or the environment
10-20 caused by the violation;
10-21 (3) the history of previous violations;
10-22 (4) the amount necessary to deter future violations;
10-23 (5) efforts to correct the violation; and
10-24 (6) any other matter that justice may require.
10-25 (d) If the department determines that a violation has
10-26 occurred, it may issue to the director a report that states the
10-27 facts on which the determination is based and a recommendation on
11-1 the imposition and amount of any penalty.
11-2 (e) Within 14 days after the date the report is issued, the
11-3 department shall give written notice of the report to the motor
11-4 carrier. The notice may be given by certified mail. The notice
11-5 must include a brief summary of the alleged violation and a
11-6 statement of the amount of the recommended penalty and must inform
11-7 the motor carrier that the carrier has a right to a hearing on the
11-8 occurrence of the violation, the amount of the penalty, or both the
11-9 occurrence of the violation and the amount of the penalty.
11-10 (f) Within 20 days after the date the motor carrier receives
11-11 the notice, the carrier in writing may accept the determination and
11-12 recommended penalty of the department or may make a written request
11-13 for a hearing on the occurrence of the violation, the amount of the
11-14 penalty, or both the occurrence of the violation and the amount of
11-15 the penalty. The department may, on the request of the person,
11-16 hold an informal hearing to discuss a penalty recommended under
11-17 this article. The department may modify a recommendation for
11-18 penalty at the conclusion of the informal hearing.
11-19 (g) If the motor carrier accepts the determination and
11-20 recommended penalty of the department, the director by order shall
11-21 approve the determination and impose the recommended penalty.
11-22 (h) If the motor carrier requests a hearing or fails to
11-23 respond timely to the notice, the department shall set a hearing
11-24 and give notice of the hearing to the carrier. The hearing shall
11-25 be held by an administrative law judge of the State Office of
11-26 Administrative Hearings. The administrative law judge shall make
11-27 findings of fact and conclusions of law and promptly issue to the
12-1 director a proposal for a decision about the occurrence of the
12-2 violation and the amount of a proposed penalty. Based on the
12-3 findings of fact, conclusions of law, and proposal for a decision,
12-4 the director by order may find that a violation has occurred and
12-5 impose a penalty or may find that no violation occurred. The
12-6 director may increase or decrease the amount of the penalty
12-7 recommended by an administrative law judge within the limits
12-8 prescribed by Subsection (b) of this section.
12-9 (i) The notice of the director's order given to the motor
12-10 carrier under Chapter 2001, Government Code (Administrative
12-11 Procedure Act), must include a statement of the right of the
12-12 carrier to judicial review of the order.
12-13 (j) Within 30 days after the date the director's order
12-14 becomes final as provided by Section 2001.144, Government Code, the
12-15 motor carrier shall:
12-16 (1) pay the amount of the penalty;
12-17 (2) pay the amount of the penalty and file a petition
12-18 for judicial review contesting the occurrence of the violation, the
12-19 amount of the penalty, or both the occurrence of the violation and
12-20 the amount of the penalty; or
12-21 (3) without paying the amount of the penalty, file a
12-22 petition for judicial review contesting the occurrence of the
12-23 violation, the amount of the penalty, or both the occurrence of the
12-24 violation and the amount of the penalty.
12-25 (k) Within the 30-day period, a motor carrier who acts under
12-26 Subsection (j)(3) of this section may:
12-27 (1) stay enforcement of the penalty by:
13-1 (A) paying the amount of the penalty to the
13-2 court for placement in an escrow account; or
13-3 (B) giving to the court a supersedeas bond that
13-4 is approved by the court for the amount of the penalty and that is
13-5 effective until all judicial review of the director's order is
13-6 final; or
13-7 (2) request the court to stay enforcement of the
13-8 penalty by:
13-9 (A) filing with the court a sworn affidavit of
13-10 the person stating that the person is financially unable to pay the
13-11 amount of the penalty and is financially unable to give the
13-12 supersedeas bond; and
13-13 (B) giving a copy of the affidavit to the
13-14 director by certified mail.
13-15 (l) If the department receives a copy of an affidavit under
13-16 Subsection (k)(2) of this section, it may file with the court,
13-17 within five days after the date the copy is received, a contest to
13-18 the affidavit. The court shall hold a hearing on the facts alleged
13-19 in the affidavit as soon as practicable and shall stay the
13-20 enforcement of the penalty on finding that the alleged facts are
13-21 true. The motor carrier who files an affidavit has the burden of
13-22 proving that the carrier is financially unable to pay the amount of
13-23 the penalty and to give a supersedeas bond.
13-24 (m) If the motor carrier does not pay the amount of the
13-25 penalty and the enforcement of the penalty is not stayed, the
13-26 director may refer the matter to the attorney general for
13-27 collection of the amount of the penalty.
14-1 (n) Judicial review of the order of the director:
14-2 (1) is instituted by filing a petition as provided by
14-3 Subchapter G, Chapter 2001, Government Code; and
14-4 (2) is under the substantial evidence rule.
14-5 (o) If the court sustains the occurrence of the violation,
14-6 the court may uphold or reduce the amount of the penalty and order
14-7 the motor carrier to pay the full or reduced amount of the penalty.
14-8 If the court does not sustain the occurrence of the violation, the
14-9 court shall order that no penalty is owed.
14-10 (p) When the judgment of the court becomes final, the court
14-11 shall proceed under this subsection. If the motor carrier paid the
14-12 amount of the penalty and if that amount is reduced or is not
14-13 upheld by the court, the court shall order that the appropriate
14-14 amount plus accrued interest be remitted to the person. The rate
14-15 of the interest is the rate charged on loans to depository
14-16 institutions by the New York Federal Reserve Bank, and the interest
14-17 shall be paid for the period beginning on the date the penalty was
14-18 paid and ending on the date the penalty is remitted. If the motor
14-19 carrier gave a supersedeas bond and if the amount of the penalty is
14-20 not upheld by the court, the court shall order the release of the
14-21 bond. If the motor carrier gave a supersedeas bond and if the
14-22 amount of the penalty is reduced, the court shall order the release
14-23 of the bond after the carrier pays the amount.
14-24 (q) All proceedings under this section are subject to
14-25 Chapter 2001, Government Code.
14-26 (r) In addition to a penalty proposed by an administrative
14-27 law judge under Subsection (h) of this section, the administrative
15-1 law judge shall include in the proposal for a decision a finding
15-2 setting out costs, fees, expenses, and reasonable and necessary
15-3 attorney's fees incurred by the state in bringing the proceeding.
15-4 The director may adopt the finding and make it a part of a final
15-5 order entered in the proceeding. The proceeds collected from a
15-6 finding made under this subsection shall be deposited in a special
15-7 account in the general revenue fund which may be appropriated only
15-8 to the attorney general.
15-9 Sec. 7. SUSPENSION AND REVOCATION OF REGISTRATION. (a) The
15-10 department may suspend or revoke a registration issued under this
15-11 article if:
15-12 (1) a motor carrier fails to maintain insurance as
15-13 required by Section 4(a) or (b) of this article;
15-14 (2) a motor carrier fails to keep proof of insurance
15-15 in the cab of each vehicle as required by Section 4(e) of this
15-16 article;
15-17 (3) a motor carrier fails to register a vehicle
15-18 requiring registration; or
15-19 (4) a motor carrier knowingly provides false
15-20 information on any form filed with the department under this
15-21 section.
15-22 (b) The Department of Public Safety may request that the
15-23 department suspend or revoke a registration issued under this
15-24 article if a motor carrier:
15-25 (1) has an unsatisfactory safety rating under 49
15-26 C.F.R. Part 385; or
15-27 (2) has multiple violations of a provision of Article
16-1 6675d, Revised Statutes, a rule adopted under that article, or the
16-2 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
16-3 Texas Civil Statutes).
16-4 (c) Except as provided by Subsection (d) of this section, a
16-5 suspension or revocation made under Subsection (a) or (b) of this
16-6 section is a contested case under Chapter 2001, Government Code.
16-7 (d) The department may suspend or revoke a registration
16-8 issued under this article without a hearing under Chapter 2001,
16-9 Government Code, if:
16-10 (1) the department provides notice to the motor
16-11 carrier of:
16-12 (A) the proposed suspension or revocation; and
16-13 (B) the right of the carrier to request a
16-14 hearing under Chapter 2001, Government Code; and
16-15 (2) the motor carrier fails to provide the department
16-16 with a written request for a hearing within 10 days after the date
16-17 the carrier receives the notice described in Subdivision (1) of
16-18 this subsection.
16-19 Sec. 8. ECONOMIC REGULATION. (a) Except as provided by
16-20 this section, the department may not regulate the prices, routes,
16-21 or services provided by a motor carrier.
16-22 (b) The department may establish voluntary standards for
16-23 uniform cargo liability, uniform bills of lading or receipts for
16-24 cargo being transported, and uniform cargo credit. A standard
16-25 adopted under this section must be consistent with Subtitle IV,
16-26 Title 49, United States Code, or a regulation adopted under that
16-27 law.
17-1 (c) The department shall adopt rules to protect consumers
17-2 who use the services of a motor carrier who is required to register
17-3 under Section 3 of this article and who is transporting household
17-4 goods that are at least as stringent as the corresponding
17-5 provisions of 49 C.F.R. Part 1056. The department may adopt rules
17-6 under this subsection that are more stringent than the
17-7 corresponding federal provisions. A motor carrier transporting
17-8 household goods shall list a place of business with a street
17-9 address in this state and the carrier's registration number issued
17-10 under this article in any print advertising published in this
17-11 state. The department may adopt all such rules as are necessary to
17-12 ensure that customers of household goods movers are protected from
17-13 deceptive or unfair practices and unreasonably hazardous activities
17-14 on the part of the movers. Such rules may include but are not
17-15 limited to measures to:
17-16 (1) establish a formal process for resolving disputes
17-17 over fees and damages apart from the method of mediation in
17-18 Subsection (f) of this section;
17-19 (2) require a carrier to indicate clearly to consumers
17-20 whether estimates are binding or nonbinding and disclose the
17-21 maximum price a consumer could be required to pay; and
17-22 (3) create a centralized process for making complaints
17-23 about a carrier which also allows consumers to inquire about a
17-24 carrier's complaint record.
17-25 (d) A motor carrier who is required to register under
17-26 Section 3 of this article and who is transporting household goods
17-27 shall file a tariff with the department which establishes maximum
18-1 charges for transportation services where in the course of such
18-2 transportation a highway between two or more incorporated cities,
18-3 towns, or villages is traversed. This requirement may be satisfied
18-4 by filing a copy of the carrier's tariff governing interstate
18-5 transportation services where in the course of such transportation
18-6 a highway between two or more incorporated cities, towns, or
18-7 villages is traversed. Tariffs filed pursuant to this section
18-8 shall be made available for public inspection at the department.
18-9 In no event shall the department adopt rules regulating the rates,
18-10 except as provided herein, or routes of household goods carriers.
18-11 (e) A rule adopted under Subsection (c) of this section
18-12 authorizing a motor carrier transporting household goods to offer
18-13 insurance for the full value of a customer's property does not
18-14 constitute the unauthorized practice of the insurance business
18-15 under Article 1.14-1, Insurance Code.
18-16 (f) All collective associations of motor carriers
18-17 transporting household goods, or agents thereof, which have
18-18 received approval for collective ratemaking agreements under
18-19 Section 9(d) of this article shall provide a method of mediation
18-20 for consumers to receive resolution through mediation of disputes
18-21 over fees, damages, and services. All costs associated with such
18-22 mediation shall be borne by the motor carriers, the agents thereof,
18-23 or the association. All carriers and agents who are parties to
18-24 collective agreements approved under Section 9(d) of this article
18-25 must participate in consumer complaint resolution, including
18-26 participation in the mediation process and advertisement of the
18-27 availability of mediation in all contracts or estimate proposals.
19-1 Any complaint mediation that is not resolved to the mutual
19-2 agreement of all parties shall be reported to the department.
19-3 Consumers shall be advised of their rights to seek resolution
19-4 directly from the department. The department shall adopt rules
19-5 that ensure such notification is available to consumers in a form
19-6 and manner consistent with its duties under Subsection (c) of this
19-7 section.
19-8 Sec. 9. ANTITRUST EXEMPTION. (a) Chapter 15, Business &
19-9 Commerce Code, does not apply to a discussion or agreement between
19-10 a motor carrier who is required to register under Section 3 of this
19-11 article and who transports household goods and an agent of the
19-12 carrier involving:
19-13 (1) the following matters if they occur under the
19-14 authority of the principal carrier:
19-15 (A) rates for the transportation of household
19-16 goods;
19-17 (B) access, terminal, storage, or other charges
19-18 incidental to the transportation of household goods; or
19-19 (C) allowances relating to the transportation of
19-20 household goods; or
19-21 (2) ownership of the carrier by the agent or
19-22 membership on the board of directors of the carrier by the agent.
19-23 (b) An agent under Subsection (a) of this section may itself
19-24 be a motor carrier required to register under Section 3 of this
19-25 article.
19-26 (c) The department may by rule exempt a motor carrier
19-27 required to register under Section 3 of this article from Chapter
20-1 15, Business & Commerce Code, for an activity relating to the
20-2 establishment of joint line rates, routes, classifications, or
20-3 mileage guides.
20-4 (d) Motor carriers who are required to register under
20-5 Section 3 of this article and who transport household goods, and
20-6 agents thereof, or both, may enter into collective ratemaking
20-7 agreements between one or more such carriers or agents concerning
20-8 the establishment and filing of maximum rates, classifications,
20-9 rules, or procedures. Such agreements shall be submitted to the
20-10 department for approval by any such carrier or agent, or by any
20-11 collective association of carriers or agents, and shall be approved
20-12 by the department if the agreement provides that all meetings shall
20-13 be open to the public and that notice of meetings shall be given to
20-14 customers who are multiple users of household goods movers
20-15 services. The department may withhold approval of the agreement if
20-16 it finds and concludes, after notice and hearing, that the
20-17 agreement fails to comply with these provisions. Unless
20-18 disapproved by the department, the provisions of such agreement may
20-19 be observed and Chapter 15, Business & Commerce Code, shall not
20-20 apply to any motor carrier who is required to be registered under
20-21 Section 3 of this article and who transports household goods with
20-22 respect to activities performed under such agreement. An
20-23 association of household goods motor carriers, or agents thereof,
20-24 or both, may be designated by any motor carrier who is required to
20-25 be registered under Section 3 of this article and who transports
20-26 household goods as its collective maximum ratemaking association
20-27 for the purpose of the required filing of a tariff for maximum
21-1 rates required by Section 8 of this article.
21-2 Sec. 10. CRIMINAL PENALTY. (a) A person commits an offense
21-3 if the person fails to:
21-4 (1) register as required by Section 3 of this article;
21-5 (2) maintain insurance as required by Section 4 of
21-6 this article; or
21-7 (3) keep a cab card in the cab of a vehicle as
21-8 required by Section 5(a) of this article.
21-9 (b) An offense under this section is a Class C misdemeanor.
21-10 Sec. 11. TOW TRUCK REGULATION BY MUNICIPALITY. (a) In
21-11 addition to the registration requirements of this article, a
21-12 municipality may regulate the operation of a tow truck to the
21-13 extent allowed by federal law.
21-14 (b) A municipality may not require the registration of a tow
21-15 truck that performs consent tows unless the owner of the tow truck
21-16 has a place of business in the territory of the municipality.
21-17 (c) A municipality may require the registration of a tow
21-18 truck that performs a non-consent tow, regardless of whether the
21-19 owner of the tow truck has a place of business in the territory of
21-20 the municipality.
21-21 (d) A municipality may not require a person who has a
21-22 driver's license or commercial driver's license to obtain a license
21-23 or permit for operating a tow truck unless the person performs
21-24 non-consent tows in the territory of the municipality. The fee
21-25 charged for a license may not exceed $15.
21-26 (e) In this section:
21-27 (1) "Commercial driver's license" has the meaning
22-1 assigned by Section 3, Texas Commercial Driver's License Act
22-2 (Article 6687b-2, Revised Statutes).
22-3 (2) "Consent tow" means the towing of a vehicle with
22-4 the consent of the owner or operator of the vehicle.
22-5 (3) "Driver's license" has the meaning assigned by
22-6 Section 1, Chapter 173, Acts of the 47th Legislature, Regular
22-7 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes).
22-8 (4) "Non-consent tow" means the towing of a vehicle
22-9 without the consent of the owner or operator of the vehicle.
22-10 Sec. 12. RULES. The department may adopt rules as necessary
22-11 to administer this article.
22-12 Sec. 13. INSPECTION OF DOCUMENTS. (a) To investigate an
22-13 alleged violation of Section 3 or 4 of this article, an officer or
22-14 employee of the department who has been certified for the purpose
22-15 by the director may enter a motor carrier's premises to copy or
22-16 verify the correctness of documents, including operation logs and
22-17 insurance certificates.
22-18 (b) The officer or employee may conduct the inspection:
22-19 (1) at a reasonable time;
22-20 (2) on stating the purpose of the inspection; and
22-21 (3) by presenting to the motor carrier:
22-22 (A) appropriate credentials; and
22-23 (B) a written statement from the department to
22-24 the motor carrier indicating the officer's or employee's authority
22-25 to inspect.
22-26 Sec. 14. RULES ADVISORY COMMITTEE. (a) The department
22-27 shall appoint a rules advisory committee to advise the department
23-1 on adoption of rules regarding:
23-2 (1) the application of this article to tow trucks; and
23-3 (2) the administration by the department of the
23-4 Vehicle Storage Facility Act (Article 6687-9a, Revised Statutes).
23-5 (b) The department shall determine the size of the
23-6 committee, but the committee must include one member who represents
23-7 each of the following:
23-8 (1) tow truck operators;
23-9 (2) vehicle storage facility operators;
23-10 (3) owners of property having parking facilities;
23-11 (4) law enforcement agencies or municipalities;
23-12 (5) insurance companies; and
23-13 (6) the general public.
23-14 (c) Members of the committee serve at the pleasure of the
23-15 department. A member of the committee is not entitled to
23-16 compensation or reimbursement of expenses for serving as a member.
23-17 (d) The department may adopt rules to govern the operations
23-18 of the advisory committee.
23-19 Sec. 15. PAYMENT OF FEES. The department may adopt rules
23-20 regarding the method of payment of a fee under this article. The
23-21 rules may authorize the use of electronic funds transfer or a valid
23-22 credit card issued by a financial institution chartered by a state
23-23 or the federal government or by a nationally recognized credit
23-24 organization approved by the department. The rules may require the
23-25 payment of a discount or service charge for a credit card payment
23-26 in addition to the fee.
23-27 SECTION 2. Chapter 1, Title 116, Revised Statutes, is
24-1 amended by adding Article 6675c-1 to read as follows:
24-2 Art. 6675c-1. SINGLE STATE REGISTRATION. (a) The
24-3 department shall, to the fullest extent practicable, participate in
24-4 the single state registration system established under 49 U.S.C.
24-5 Section 11506.
24-6 (b) The department may charge a motor carrier holding a
24-7 permit issued under Subtitle IV, Title 49, United States Code, a
24-8 fee for filing proof of insurance consistent with 49 U.S.C. Section
24-9 11506 not to exceed the maximum fee established under federal law.
24-10 (c) The department shall adopt rules that are consistent
24-11 with federal law providing for:
24-12 (1) administrative penalties in the same manner as
24-13 Section 6, Article 6675c, Revised Statutes; and
24-14 (2) suspension and revocation of registration in the
24-15 same manner as Section 7, Article 6675c, Revised Statutes.
24-16 (d) A person commits an offense if the person violates a
24-17 rule adopted under this article or fails to register a vehicle
24-18 required to be registered under this article. An offense under
24-19 this subsection is a Class C misdemeanor. Each day a violation of
24-20 a rule occurs constitutes a separate offense under this subsection.
24-21 (e) The department may adopt rules regarding the method of
24-22 payment of a fee under this article. The rules may authorize the
24-23 use of electronic funds transfer or a valid credit card issued by a
24-24 financial institution chartered by a state or the federal
24-25 government or by a nationally recognized credit organization
24-26 approved by the department. The rules may require the payment of a
24-27 discount or service charge for a credit card payment in addition to
25-1 the fee.
25-2 SECTION 3. Chapter 1, Title 116, Revised Statutes, is
25-3 amended by adding Article 6675d to read as follows:
25-4 Art. 6675d. COMMERCIAL MOTOR VEHICLE SAFETY STANDARDS
25-5 Sec. 1. DEFINITIONS. In this article:
25-6 (1) "Commercial motor vehicle" has the meaning
25-7 assigned by Section 140A, Uniform Act Regulating Traffic on
25-8 Highways (Article 6701d, Vernon's Texas Civil Statutes).
25-9 (2) "Department" means the Department of Public Safety
25-10 of the State of Texas.
25-11 (3) "Director" means the public safety director.
25-12 (4) "Federal hazardous material regulation" means a
25-13 federal regulation in 49 C.F.R. Parts 101-199.
25-14 (5) "Federal motor carrier safety regulation" means a
25-15 federal regulation in 49 C.F.R. Part 382, 385, or 386 or Parts
25-16 388-399.
25-17 (6) "Federal safety regulation" means a federal
25-18 hazardous material regulation or a federal motor carrier safety
25-19 regulation.
25-20 Sec. 2. CONFLICTS OF LAW. (a) A federal motor carrier
25-21 safety regulation prevails over a conflicting provision of this
25-22 article or a rule adopted by the director under this article.
25-23 (b) A safety rule adopted under this article prevails over a
25-24 conflicting rule adopted by a local government, authority, or state
25-25 agency or officer, other than a conflicting rule adopted by the
25-26 Railroad Commission of Texas under Chapter 113, Natural Resources
25-27 Code.
26-1 Sec. 3. AUTHORITY TO ADOPT RULES. (a) The director shall,
26-2 after notice and a public hearing, adopt rules regulating:
26-3 (1) the safe transportation of hazardous materials;
26-4 and
26-5 (2) the safe operation of commercial motor vehicles.
26-6 (b) A rule adopted under this article must be consistent
26-7 with federal regulations, including federal safety regulations.
26-8 (c) The director may adopt all or part of the federal safety
26-9 regulations by reference.
26-10 (d) Rules adopted under this article must ensure that:
26-11 (1) a commercial motor vehicle is safely maintained,
26-12 equipped, loaded, and operated;
26-13 (2) the responsibilities imposed on a commercial motor
26-14 vehicle's operator do not impair the operator's ability to operate
26-15 the vehicle safely; and
26-16 (3) the physical condition of a commercial motor
26-17 vehicle's operator enables the operator to operate the vehicle
26-18 safely.
26-19 (e) A motor carrier safety rule adopted by a local
26-20 government, authority, or state agency or officer must be
26-21 consistent with corresponding federal regulations.
26-22 Sec. 4. APPLICABILITY OF RULES. (a) Notwithstanding an
26-23 exemption provided in the federal safety regulations, other than an
26-24 exemption relating to intracity or commercial zone operations
26-25 provided in 49 C.F.R. Part 395, a rule adopted by the director
26-26 under this article is uniformly applicable throughout this state.
26-27 (b) A rule adopted under this article applies to a vehicle
27-1 that requires hazardous material placarding.
27-2 (c) A rule adopted under this article may not apply to a
27-3 vehicle that is operated intrastate and that is:
27-4 (1) a machine generally consisting of a mast, engine,
27-5 draw works, and chassis permanently constructed or assembled to be
27-6 used and used in oil or water well servicing or drilling;
27-7 (2) a mobile crane that is an unladen, self-propelled
27-8 vehicle constructed as a machine to raise, shift, or lower weight;
27-9 or
27-10 (3) a vehicle transporting a seed cotton module.
27-11 Sec. 5. LIMITATIONS OF RULES. (a) A rule adopted under
27-12 this article may not:
27-13 (1) prevent an intrastate operator from operating a
27-14 vehicle up to 12 hours following eight consecutive hours off;
27-15 (2) require a person to meet the medical standards
27-16 provided in the federal motor carrier safety regulations if the
27-17 person:
27-18 (A) was regularly employed in this state as a
27-19 commercial motor vehicle operator in intrastate commerce before
27-20 August 28, 1989; and
27-21 (B) is not transporting property that requires a
27-22 hazardous material placard; or
27-23 (3) require a person to maintain a government form,
27-24 separate company form, operator's record of duty status, or
27-25 operator's daily log for operations within a 150-mile radius of the
27-26 normal work-reporting location if a general record of an operator's
27-27 hours of service can be compiled from:
28-1 (A) business records maintained by the owner
28-2 that provide the date, time, and location of the delivery of a
28-3 product or service; or
28-4 (B) documents required to be maintained by law,
28-5 including delivery tickets or sales invoices, that provide the date
28-6 of delivery and the quantity of merchandise delivered.
28-7 (b) For purposes of Subsection (a)(3)(A) of this section, an
28-8 owner's business records generally include:
28-9 (1) the time an operator reports for duty each day;
28-10 (2) the number of hours an operator is on duty each
28-11 day;
28-12 (3) the time an operator is released from duty each
28-13 day; and
28-14 (4) an operator's signed statement in compliance with
28-15 49 C.F.R. Part 395.8(j)(2).
28-16 Sec. 6. CERTIFICATION OF MUNICIPAL PEACE OFFICERS. (a) The
28-17 department shall establish procedures, including training, for the
28-18 certification of municipal peace officers to enforce this article.
28-19 (b) A peace officer of any of the following municipalities
28-20 is eligible to apply for certification under this section:
28-21 (1) a municipality with a population of 100,000 or
28-22 more;
28-23 (2) a municipality with a population of 25,000 or more
28-24 any part of which is located in a county with a population of 2.4
28-25 million or more; or
28-26 (3) a municipality any part of which is located in a
28-27 county bordering the United Mexican States.
29-1 (c) The department by rule shall establish reasonable fees
29-2 sufficient to recover from a municipality the cost of certifying
29-3 its peace officers under this section.
29-4 Sec. 7. MUNICIPAL ENFORCEMENT REQUIREMENTS. (a) The
29-5 department by rule may establish uniform standards for municipal
29-6 enforcement of this article.
29-7 (b) A municipality that engages in enforcement under this
29-8 article:
29-9 (1) shall pay all costs relating to the municipality's
29-10 enforcement; and
29-11 (2) may not be considered, in the context of a federal
29-12 grant related to this article:
29-13 (A) a party to a federal grant agreement; or
29-14 (B) a grantee under a federal grant to the
29-15 department.
29-16 (c) Municipal enforcement under Section 8(b) of this article
29-17 is not considered departmental enforcement for purposes of
29-18 maintaining levels of effort required by a federal grant.
29-19 (d) In each fiscal year, a municipality may retain fines
29-20 from the enforcement of this article in an amount not to exceed 110
29-21 percent of the municipality's actual expenses for enforcement of
29-22 this article in the preceding fiscal year, as determined by the
29-23 comptroller after reviewing the most recent municipal audit
29-24 conducted under Section 103.001, Local Government Code. If there
29-25 are no actual expenses for enforcement of this article in the most
29-26 recent municipal audit, a municipality may retain fines in an
29-27 amount not to exceed 110 percent of the amount the comptroller
30-1 determines would be the municipality's actual expenses for
30-2 enforcement of this article during the year.
30-3 (e) A municipality shall send the proceeds of all fines that
30-4 exceed the limit imposed by Subsection (d) of this section to the
30-5 state treasurer for deposit in the general revenue fund.
30-6 Sec. 8. DETENTION OF VEHICLES. (a) An officer of the
30-7 department may enter or detain on a highway a motor vehicle that is
30-8 subject to this article.
30-9 (b) A peace officer who is certified under Section 6 of this
30-10 article may detain on a highway within the municipality a motor
30-11 vehicle that is subject to this article.
30-12 Sec. 9. INSPECTION OF PREMISES. (a) An officer or employee
30-13 of the department who has been certified for the purpose by the
30-14 director may enter a motor carrier's premises to:
30-15 (1) inspect real property, including a building, or
30-16 equipment; or
30-17 (2) copy or verify the correctness of documents,
30-18 including records or reports, required to be kept or made by rules
30-19 adopted under this article.
30-20 (b) The officer or employee may conduct the inspection:
30-21 (1) at a reasonable time;
30-22 (2) on stating the purpose of the inspection; and
30-23 (3) by presenting to the motor carrier:
30-24 (A) appropriate credentials; and
30-25 (B) a written statement from the department to
30-26 the motor carrier indicating the officer's or employee's authority
30-27 to inspect.
31-1 Sec. 10. CRIMINAL OFFENSE. (a) A person commits an offense
31-2 if the person:
31-3 (1) violates a rule adopted under this article; or
31-4 (2) does not permit an inspection authorized under
31-5 Section 9 of this article.
31-6 (b) An offense under this section is a Class C misdemeanor.
31-7 (c) Each day a violation continues under Subsection (a)(1)
31-8 of this section or each day a person refuses to allow an inspection
31-9 described under Subsection (a)(2) of this section constitutes a
31-10 separate offense.
31-11 Sec. 11. CIVIL PENALTY. (a) A person who does not permit
31-12 an inspection authorized by Section 9 of this article is liable to
31-13 the state for a civil penalty not to exceed $1,000.
31-14 (b) The attorney general may sue to collect the penalty in:
31-15 (1) the county in which the violation is alleged to
31-16 have occurred; or
31-17 (2) Travis County.
31-18 (c) The penalty provided by this section is in addition to
31-19 the penalty provided by Section 10 of this article.
31-20 (d) Each day a person refuses to permit an inspection
31-21 described by Subsection (a) constitutes a separate violation for
31-22 purposes of imposing a penalty.
31-23 Sec. 12. ADMINISTRATIVE PENALTY. (a) The department may
31-24 impose an administrative penalty against a person who violates:
31-25 (1) a rule adopted under this article; or
31-26 (2) a provision of the Uniform Act Regulating Traffic
31-27 on Highways (Article 6701d, Vernon's Texas Civil Statutes) that the
32-1 department by rule subjects to administrative penalties.
32-2 (b) To be designated as subject to administrative penalties
32-3 under Subsection (a)(2) of this section, a provision must relate to
32-4 the safe operation of a commercial motor vehicle.
32-5 (c) A penalty under this section may not exceed the maximum
32-6 penalty provided for violations of a similar federal safety
32-7 regulation.
32-8 (d) A penalty under this section shall be administered in
32-9 the same manner as a penalty under Section 6, Article 6675c,
32-10 Revised Statutes.
32-11 Sec. 13. SUIT FOR INJUNCTION. (a) The attorney general
32-12 shall sue to enjoin a violation or a threatened violation of a rule
32-13 adopted under this article if requested by the director.
32-14 (b) The suit must be brought in the county in which the
32-15 violation or threat is alleged to have occurred.
32-16 (c) The court may grant the director, without bond or other
32-17 undertaking:
32-18 (1) a prohibitory or mandatory injunction, including a
32-19 temporary restraining order; or
32-20 (2) after notice and hearing, a temporary or permanent
32-21 injunction.
32-22 Sec. 14. SAFETY AUDIT PROGRAM. The department shall
32-23 implement and enforce a safety audit program similar to the federal
32-24 program established under 49 C.F.R. Part 385 for a person who owns
32-25 or operates a commercial motor vehicle not subject to safety audits
32-26 by the federal government.
32-27 Sec. 15. RULES. The department may adopt rules as necessary
33-1 to administer this article.
33-2 SECTION 4. Chapter 6, Title 25, Revised Statutes, is amended
33-3 by adding Article 911m to read as follows:
33-4 Art. 911m. MOTOR TRANSPORTATION BROKERS
33-5 Sec. 1. DEFINITION. In this article, "motor transportation
33-6 broker" means:
33-7 (1) a person who sells, offers for sale, provides, or
33-8 negotiates for the transportation of cargo by a motor carrier
33-9 operated by another person; or
33-10 (2) a person who aids and abets a person in performing
33-11 an activity described in Subdivision (1) of this section.
33-12 Sec. 2. EXCEPTION. This article does not apply to a motor
33-13 transportation broker that is registered as a motor carrier under
33-14 Article 6675c, Revised Statutes, or holding a permit issued under
33-15 Subtitle IV, Title 49, United States Code.
33-16 Sec. 3. BOND REQUIRED. (a) A person may not act as a motor
33-17 transportation broker unless the person provides a bond to the
33-18 Texas Department of Transportation as required by this section.
33-19 (b) The bond must:
33-20 (1) be in an amount of at least $10,000 executed by a
33-21 bonding company authorized to do business in this state;
33-22 (2) be payable to this state or a person to whom the
33-23 motor transportation broker provides services; and
33-24 (3) be conditioned on the performance of the contract
33-25 for transportation services between the broker and the person for
33-26 whom services are provided.
33-27 (c) The department may charge the broker a bond review fee
34-1 in an amount not to exceed the cost of reviewing the bond.
34-2 Sec. 4. CRIMINAL PENALTY. (a) A person commits an offense
34-3 if the person fails to provide a bond as required by this section.
34-4 (b) An offense under this section is a Class C misdemeanor.
34-5 Sec. 5. PAYMENT OF FEES. The department may adopt rules
34-6 regarding the method of payment of a fee under this article. The
34-7 rules may authorize the use of electronic funds transfer or a valid
34-8 credit card issued by a financial institution chartered by a state
34-9 or the federal government or by a nationally recognized credit
34-10 organization approved by the department. The rules may require the
34-11 payment of a discount or service charge for a credit card payment
34-12 in addition to the fee.
34-13 SECTION 5. Section 41.03, Alcoholic Beverage Code, is
34-14 amended to read as follows:
34-15 Sec. 41.03. Eligibility for Permit. A carrier permit may be
34-16 issued to:
34-17 (1) a water carrier;
34-18 (2) an airline;
34-19 (3) a railway; <or>
34-20 (4) a motor carrier registered under Article 6675c,
34-21 Revised Statutes; or
34-22 (5) a common carrier operating <under a certificate of
34-23 convenience and necessity issued by the Railroad Commission of
34-24 Texas or> under a certificate issued by the Interstate Commerce
34-25 Commission.
34-26 SECTION 6. Section 42.03, Alcoholic Beverage Code, is
34-27 amended to read as follows:
35-1 Sec. 42.03. Application of Motor Carrier Laws. A person
35-2 desiring to transport liquor for hire <must first secure a
35-3 certificate or permit from the Railroad Commission in accordance
35-4 with the applicable motor carrier laws, and he> shall comply with
35-5 the provisions of the motor carrier laws when engaging in the
35-6 business of transporting liquor for hire.
35-7 SECTION 7. Section 67.01, Alcoholic Beverage Code, is
35-8 amended to read as follows:
35-9 Sec. 67.01. Authorized Activities. A holder of an
35-10 importer's license may import beer into this state only from the
35-11 holder of a nonresident manufacturer's license. The beer may be
35-12 transported by a railway carrier, a motor carrier registered under
35-13 Article 6675c, Revised Statutes, or by a common motor carrier
35-14 operated under a certificate <of convenience and necessity> issued
35-15 by <the Railroad Commission of Texas or by> the Interstate Commerce
35-16 Commission. Each carrier must hold a carrier's permit issued under
35-17 Chapter 41 of this code. All provisions of Chapter 41 relating to
35-18 the transportation of liquor also apply to the transportation of
35-19 beer. A carrier may not transport beer into the state unless it is
35-20 consigned to an importer.
35-21 SECTION 8. Section 201.073, Labor Code, is amended to read
35-22 as follows:
35-23 Sec. 201.073. Delivery Service; Newspaper Delivery Service.
35-24 In this subtitle, "employment" does not include:
35-25 (1) service performed for compensation by an
35-26 individual for a private for-profit delivery service <that operates
35-27 only in a commercial zone as defined and prescribed by the Railroad
36-1 Commission of Texas under Section 1(g), Chapter 314, Acts of the
36-2 41st Legislature, Regular Session, 1929 (Article 911b, Vernon's
36-3 Texas Civil Statutes),> if the individual:
36-4 (A) may accept or reject a job from the delivery
36-5 service;
36-6 (B) is free from control by the delivery service
36-7 as to when the individual works;
36-8 (C) is compensated for each delivery or is
36-9 compensated based on factors relating to the work performed,
36-10 including receipt of a percentage of a rate schedule;
36-11 (D) controls solely the opportunity for profit
36-12 or loss;
36-13 (E) pays all expenses and operating costs,
36-14 including fuel, repairs, supplies, and motor vehicle insurance;
36-15 (F) determines the method of performing the
36-16 service, including selection of routes and order of deliveries;
36-17 (G) is responsible for completion of a specific
36-18 job and is liable for failure to complete the job;
36-19 (H) enters into a contract that specifies the
36-20 relationship of the individual to the delivery service to be that
36-21 of an independent contractor and not an employee; and
36-22 (I) provides the vehicle used to perform the
36-23 service; or
36-24 (2) service by an individual younger than 18 years of
36-25 age in the delivery or distribution of newspapers or shopping news,
36-26 except delivery or distribution to any location for subsequent
36-27 delivery or distribution.
37-1 SECTION 9. Effective September 1, 1997, Section 152.089, Tax
37-2 Code, is amended to read as follows:
37-3 Sec. 152.089. EXEMPT VEHICLES <TAXED BY OTHER LAW>.
37-4 (a) The taxes imposed by this chapter do not apply to interstate
37-5 motor vehicles, trailers, and semitrailers <on which tax is imposed
37-6 by Chapter 157 of this code, and the taxes imposed by Chapter 157
37-7 of this code do not apply to motor vehicles on which tax is imposed
37-8 by this chapter>; provided that if a motor vehicle, trailer, or
37-9 semitrailer <on which tax is imposed by Chapter 157 of this code>
37-10 ceases to be used as an interstate motor vehicle, trailer, or
37-11 semitrailer within one year of either the date the vehicle was
37-12 purchased in Texas or the date the vehicle was first brought into
37-13 Texas, the taxes imposed by this chapter will apply at that time.
37-14 (b) If a motor vehicle is no longer leased for interstate
37-15 use, the owner shall notify the comptroller on a form provided by
37-16 the comptroller. The owner shall pay a tax at the rate prescribed
37-17 by Section 152.021(b) on the motor vehicle based on the owner's
37-18 book value of the motor vehicle.
37-19 (c) In this section, "interstate motor vehicle" means a
37-20 motor vehicle that is operated in this state and another state or
37-21 country and for which registration fees could be apportioned if the
37-22 motor vehicle were registered in a state or province of a country
37-23 that is a member of the International Registration Plan. The term
37-24 includes a bus used in transportation of chartered parties if the
37-25 bus meets all the standards required of other motor vehicles for
37-26 apportioned registration fees. The term does not include a vehicle
37-27 leased for less than 181 days or a vehicle that has Texas license
38-1 plates and does not operate under the International Registration
38-2 Plan.
38-3 SECTION 10. Subdivision (3), Section 154.001, Tax Code, is
38-4 amended to read as follows:
38-5 (3) "Common carrier" means a motor carrier registered
38-6 under Article 6675c, Revised Statutes, or a motor carrier operating
38-7 under a certificate issued by the Interstate Commerce Commission or
38-8 a successor agency to the Interstate Commerce Commission <that
38-9 transports goods owned by others for hire and is regulated by the
38-10 Railroad Commission of Texas>.
38-11 SECTION 11. Subdivision (3), Section 155.001, Tax Code, is
38-12 amended to read as follows:
38-13 (3) "Common carrier" means a motor carrier registered
38-14 under Article 6675c, Revised Statutes, or a motor carrier operating
38-15 under a certificate issued by the Interstate Commerce Commission or
38-16 a successor agency to the Interstate Commerce Commission <that
38-17 transports goods owned by others for hire and is regulated by the
38-18 Railroad Commission of Texas>.
38-19 SECTION 12. Article 883, Revised Statutes, is amended to
38-20 read as follows:
38-21 Art. 883. Liability fixed; exceptions for rates based on
38-22 value; evidence; notice of claim may be required. Railroad
38-23 companies, and other carriers of passengers, goods, wares, and
38-24 merchandise for hire, within this state, on land, or in boats or
38-25 vessels on the waters entirely within this state, shall not limit
38-26 or restrict their liability as it exists at common law, by any
38-27 general or special notice, or by inserting exceptions in the bill
39-1 of lading or memorandum given upon the receipt of the goods for
39-2 transportation or in any other manner whatsoever, unless the
39-3 limitation or restriction is in conspicuous writing in a bill of
39-4 lading, a contract for transportation, or other written arrangement
39-5 for transportation<; provided, however, that the provisions hereof
39-6 respecting liabilities of carriers as it exists at common law for
39-7 loss, damage, or injury to baggage and personal effects of
39-8 passengers transported incident to the carriage of persons, goods,
39-9 wares, and merchandise shall not apply to property received for
39-10 transportation concerning which the carriers shall have been or
39-11 shall hereafter be expressly authorized or required by order of the
39-12 Railroad Commission of Texas to establish and maintain rates
39-13 dependent upon the value declared in writing by the shipper of the
39-14 property or agreed upon in writing as the released value of the
39-15 property, in which case, such declaration or agreement shall have
39-16 no effect other than to limit liability and recovery to an amount
39-17 not exceeding the value so declared or released, and so far as
39-18 relates to values, shall be valid and is not hereby prohibited.
39-19 The Railroad Commission of Texas is hereby authorized to fix and
39-20 establish just and reasonable rates for transportation of goods,
39-21 wares, and merchandise described by commodities or articles or by
39-22 generic grouping of commodities or articles, and the baggage and
39-23 personal effects of passengers, dependent upon the value thereof
39-24 declared in writing, or agreed upon in writing by the shipper or
39-25 passenger as the agreed value, under the circumstances and
39-26 conditions surrounding such transportation>. Provided further,
39-27 that a requirement of a notice or claim consistent with the
40-1 provisions of Section 16.071, Civil Practice and Remedies Code
40-2 <Article 5546 of the Revised Civil Statutes of Texas, 1925, as
40-3 heretofore amended>, as a condition precedent to the enforcement of
40-4 any claim or loss, damage and delay or either, or any of them,
40-5 whether inserted in a bill of lading or other contract or
40-6 arrangement for carriage, or otherwise provided, shall be valid and
40-7 is not hereby prohibited.
40-8 SECTION 13. Article 883(a), Revised Statutes, is amended to
40-9 read as follows:
40-10 Art. 883(a). A <No specialized> motor carrier of household
40-11 goods, as defined by 49 U.S.C. Section 10102, may not <or other
40-12 carrier for hire, including the carriers referred to in said
40-13 Article 883, shall> be required to accept for transportation
40-14 household goods<, personal effects or used office furniture and
40-15 equipment,> unless the shipper or owner thereof or his agent shall
40-16 first declare in writing the reasonable value thereof. The carrier
40-17 shall not be liable in damages for an amount in excess of such
40-18 declared value for the loss, destruction or damage of such
40-19 property. <The Railroad Commission shall establish adequate rates
40-20 consistent with such declared values to be assessed and collected
40-21 by such carriers. If the Railroad Commission fails to establish
40-22 such rates, then in that event such carriers are authorized to
40-23 collect reasonable transportation charges consistent with the
40-24 declared value of such property.>
40-25 SECTION 14. Article 911k, Revised Statutes, is amended to
40-26 read as follows:
40-27 Art. 911k. MOTOR CARRIERS EXEMPT FROM GROSS RECEIPTS TAXES.
41-1 A motor bus carrier or <common or contract> motor carrier
41-2 transporting persons or property for hire <subject to regulation by
41-3 the railroad commission> is exempt from any occupation tax measured
41-4 by gross receipts imposed by any law of this state.
41-5 SECTION 15. Subsection (a), Section 8, Chapter 65, Acts of
41-6 the 67th Legislature, Regular Session, 1981 (Article 6519c,
41-7 Vernon's Texas Civil Statutes), is amended to read as follows:
41-8 (a) Except as provided by <Subsection (c), Section 17,
41-9 Chapter 314, Acts of the 41st Legislature, Regular Session, 1929,
41-10 as amended (Article 911b, Vernon's Texas Civil Statutes), and by>
41-11 Section 131.231, Natural Resources Code, all taxes, license fees,
41-12 permit fees, examination fees, and truck registration fees
41-13 collected or received by the Railroad Commission of Texas shall be
41-14 deposited to the credit of the General Revenue Fund.
41-15 SECTION 16. Subsection (c), Section 4, Chapter 410, Acts of
41-16 the 53rd Legislature, Regular Session, 1953 (Article 6674v,
41-17 Vernon's Texas Civil Statutes), is amended to read as follows:
41-18 (c) The word "Project" or the words "Turnpike Project" shall
41-19 mean any express highway or turnpike which the Authority may at any
41-20 time determine to construct under the provisions of this Act and
41-21 any improvement, extension, or expansion to that highway or
41-22 turnpike and includes facilities to relieve traffic congestion and
41-23 to promote safety, and all bridges, tunnels, overpasses,
41-24 underpasses, interchanges, entrance plazas, approaches, toll
41-25 houses, service stations, and administration, storage and other
41-26 buildings which the Authority may deem necessary for the operation
41-27 of the Project, together with all property rights, easements and
42-1 interests which may be acquired by the Authority for the
42-2 construction or the operation of the Project; provided, that the
42-3 location of a Project must before final designation, be approved by
42-4 the State Highway Commission. Provided, however, any "Project" or
42-5 "Turnpike Project" which the Authority may construct under the
42-6 authority of this Act shall at all times be deemed a public highway
42-7 <within the meaning of Chapter 270, page 399, Acts, Fortieth
42-8 Legislature, 1927, as amended by Chapter 78, page 196, Forty-first
42-9 Legislature, First Called Session, 1929, and Chapter 314, page 698,
42-10 Acts, Forty-first Legislature, 1929, as amended by Chapter 277,
42-11 page 480, Acts, Forty-second Legislature, 1931, as amended by
42-12 Chapter 290, page 463, Acts, Forty-seventh Legislature, 1941, and
42-13 to that end no motor bus company, common carrier motor carrier,
42-14 specialized motor carrier, contract carrier or other motor vehicle
42-15 operation for compensation and hire shall be conducted thereon
42-16 except in accordance with the terms and provisions of Chapter 270,
42-17 page 399, Acts, Fortieth Legislature, 1927, as amended by Chapter
42-18 78, page 196, Acts, Forty-first Legislature, First Called Session,
42-19 1929, and Chapter 314, page 698, Acts, Forty-first Legislature,
42-20 1929, as amended by Chapter 277, page 480, Acts, Forty-second
42-21 Legislature, 1931, as amended by Chapter 290, page 463, Acts,
42-22 Forty-seventh Legislature, 1941>.
42-23 SECTION 17. Section 2A, Chapter 18, General Laws, Acts of
42-24 the 41st Legislature, 5th Called Session, 1930 (Article 6675a-6e,
42-25 Vernon's Texas Civil Statutes), is amended to read as follows:
42-26 Sec. 2A. To expedite and facilitate, during the harvesting
42-27 season, the harvesting and marketing of farm products produced in
43-1 this State, the Department is authorized to issue to a nonresident
43-2 owner a 30-day temporary registration permit for any truck, truck
43-3 tractor, trailer or semitrailer to be used in the movement of such
43-4 farm commodities from the place of production to market, storage or
43-5 railhead, not more than seventy-five (75) miles distant from such
43-6 place of production, or to be used in the movement of machinery
43-7 used to harvest any of the commodities named in this section.
43-8 To expedite and facilitate, during the harvesting season, the
43-9 harvesting and movement of farm products produced outside of Texas
43-10 but marketed or processed in Texas or moved to points in Texas for
43-11 shipment, the Department is authorized to issue to a nonresident
43-12 owner a 30-day temporary registration permit for any truck, truck
43-13 tractor, trailer or semitrailer to be used in the movement of such
43-14 farm commodities from the point of entry into Texas to market,
43-15 storage, processing plant, railhead or seaport not more than eighty
43-16 (80) miles distant from such point of entry into Texas. All
43-17 mileages and distances referred to herein are State Highway
43-18 mileages. Before such temporary registration provided for in this
43-19 paragraph may be issued, the applicant must present satisfactory
43-20 evidence that such motor vehicle is protected by such insurance and
43-21 in such amounts as may be described in Section 5 of the Texas Motor
43-22 Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
43-23 Civil Statutes) as it is now written or as it may hereafter be
43-24 amended, and such policies must be issued by an insurance company
43-25 or surety company authorized to write Motor Vehicle Liability
43-26 Insurance in this State unless the applicant is unable to obtain
43-27 the insurance coverage from an insurance company authorized to
44-1 write the coverage in this State, in which case, the applicant,
44-2 with the Department's approval, may obtain the coverage from a
44-3 surplus lines insurer that meets the requirements of Article
44-4 1.14-2, Insurance Code, and rules adopted by the State Board of
44-5 Insurance under that article; and that such vehicle has been
44-6 inspected as required under the Uniform Act Regulating Traffic on
44-7 Highways in Texas (Article XV of Article 6701d, Vernon's Texas
44-8 Civil Statutes) as it is now written or as it may hereafter be
44-9 amended.
44-10 The Department is authorized to prescribe the form of the
44-11 application and the information to be furnished therein for such
44-12 temporary registration permits. If the application is granted, the
44-13 Department shall issue a special distinguishing insignia which must
44-14 be attached to such vehicle in lieu of the regular Texas Highway
44-15 registration plates. Such special insignia shall show its
44-16 expiration date. The temporary registration permit fee shall be
44-17 one-twelfth (1/12) of the annual Texas registration fee for the
44-18 vehicle for which the special permit is secured.
44-19 The temporary permits herein authorized shall be issued only
44-20 when the vehicle for which said permit is issued is legally
44-21 registered in the nonresident owner's home state or country for the
44-22 current registration year; and said permit will remain valid only
44-23 so long as the home state or country registration is valid; but in
44-24 any event the Texas temporary registration permit will expire 30
44-25 days from the date of issuance. Not more than three (3) such
44-26 temporary registration permits may be issued to a nonresident owner
44-27 during any one (1) vehicle registration year in the State of Texas.
45-1 A vehicle registered under the terms of this Act may not be
45-2 operated in Texas after the expiration of the temporary permit
45-3 unless the nonresident owner secures a second temporary permit as
45-4 provided above, or unless the nonresident owner registers the
45-5 vehicle under the appropriate Texas vehicular registration
45-6 statutes, applicable to residents, for the remainder of the
45-7 registration year. No such vehicle may be registered with a Texas
45-8 farm truck license.
45-9 Any person who shall transport any of the commodities
45-10 described in this Act, under a temporary permit provided for
45-11 herein, to a market, place of storage, processing plant, railhead
45-12 or seaport, which is a greater distance from the place of
45-13 production of such commodity in this State, or the point of entry
45-14 into the State of Texas than is provided for in said temporary
45-15 permit, or shall follow a route other than that prescribed by the
45-16 Highway Commission, shall be punished by a fine of not less than
45-17 Twenty-five Dollars ($25), nor more than Two Hundred Dollars
45-18 ($200).
45-19 Nothing in this Act shall be construed to authorize such
45-20 nonresident owner or operator to operate or cause to be operated
45-21 any of such vehicles in this State in violation of <Chapter 314,
45-22 Acts of the 41st Legislature, Regular Session, 1929, as amended
45-23 (Article 911b, Vernon's Texas Civil Statutes) or> any of the other
45-24 laws of this State.
45-25 SECTION 18. Subdivision (1), Section 2, Vehicle Storage
45-26 Facility Act (Article 6687-9a, Revised Statutes), is amended to
45-27 read as follows:
46-1 (1) "Commission" means the <Railroad Commission of>
46-2 Texas Department of Transportation.
46-3 SECTION 19. Subsection (c), Section 4, Vehicle Storage
46-4 Facility Act (Article 6687-9a, Revised Statutes), is amended to
46-5 read as follows:
46-6 (c) The commission may impose and collect a fee for a
46-7 license in an amount sufficient to recover the commission's costs
46-8 of administering this Act. Fees collected under this subsection
46-9 shall be deposited in <a special account in> the general revenue
46-10 fund. The department may adopt rules regarding the method of
46-11 payment of a fee under this Act. The rules may authorize the use
46-12 of electronic funds transfer or a valid credit card issued by a
46-13 financial institution chartered by a state or the federal
46-14 government or by a nationally recognized credit organization
46-15 approved by the department. The rules may require the payment of a
46-16 discount or service charge for a credit card payment in addition to
46-17 the fee <that may be appropriated only to the commission for the
46-18 administration of this Act>.
46-19 SECTION 20. Subsection (b), Section 13, Vehicle Storage
46-20 Facility Act (Article 6687-9a, Revised Statutes), is amended to
46-21 read as follows:
46-22 (b) The notice must be sent by certified mail, return
46-23 receipt requested, and must contain:
46-24 (1) the date the vehicle was accepted for storage;
46-25 (2) the first day for which a storage fee is assessed;
46-26 (3) the daily storage rate;
46-27 (4) the type and amount of all other charges to be
47-1 paid when the vehicle is claimed;
47-2 (5) the full name, street address, and telephone
47-3 number of the facility;
47-4 (6) the hours during which the owner may claim the
47-5 vehicle; and
47-6 (7) the facility license number preceded by "Texas
47-7 Department of Transportation <"Railroad Commission of Texas>
47-8 Vehicle Storage Facility License Number."
47-9 SECTION 21. Section 15, Vehicle Storage Facility Act
47-10 (Article 6687-9a, Revised Statutes), is amended to read as follows:
47-11 Sec. 15. Use of Fees. The commission shall remit all fees
47-12 collected under this article to the State Treasurer for deposit in
47-13 the State Treasury to the credit of the general revenue <a> fund
47-14 <to be used, subject to legislative appropriation, for
47-15 administering this article>.
47-16 SECTION 22. Subsection (2), Section C, Article 6701-1/2,
47-17 Revised Statutes, is amended to read as follows:
47-18 (2) The Texas <State> Department of <Highways and
47-19 Public> Transportation may issue single trip permits to owners of
47-20 manufactured homes provided that the ownership of the manufactured
47-21 home and of the towing vehicle is shown to be the same person by
47-22 the title to the home and to the towing vehicle or that a lease
47-23 <duly filed pursuant to Chapter 209, Acts of the 53rd Legislature,
47-24 Regular Session, 1953 (Article 6701c-1, Vernon's Texas Civil
47-25 Statutes),> shows the owner of the manufactured home to be the
47-26 lessee of the towing vehicle. Single trip permits may also be
47-27 issued to installers registered with the Texas Department of
48-1 Licensing and Regulation and to motor carriers registered under
48-2 Article 6675c, Revised Statutes, <Labor and Standards> for the
48-3 transportation of manufactured homes <over routes between points
48-4 when such transportation would be excluded from regulation under
48-5 Chapter 314, Acts of the 41st Legislature, Regular Session, 1929
48-6 (Article 911b, Vernon's Texas Civil Statutes)>. The owner, motor
48-7 carrier, or installer must have proof of insurance coverage in
48-8 force as required in Section H of this article.
48-9 SECTION 23. Subsection (e), Section 3, Chapter 41, General
48-10 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
48-11 (Article 6701a, Vernon's Texas Civil Statutes), is amended to read
48-12 as follows:
48-13 (e) The requirement of a bond contained in this section does
48-14 not apply to the driving or transporting of farm equipment which is
48-15 being used for agricultural purposes if it is driven or transported
48-16 by or under the authority of the owner of the equipment. The bond
48-17 requirement does apply to the delivery of farm equipment to a farm
48-18 equipment dealer. The requirement of a bond does not apply to a
48-19 vehicle or equipment operated by a motor carrier registered under
48-20 Article 6675c or Article 6675c-I, Revised Statutes.
48-21 SECTION 24. Section 3, Article 6701b-1, Revised Statutes, is
48-22 amended to read as follows:
48-23 Sec. 3. Exceptions. This article does not apply to:
48-24 (1) <a commercial motor vehicle operated under the
48-25 control, supervision, or authority of a motor bus company that has
48-26 a certificate issued by the Railroad Commission of Texas under
48-27 Chapter 270, Acts of the 40th Legislature, Regular Session, 1927,
49-1 as amended (Article 911a, Vernon's Texas Civil Statutes); or>
49-2 <(2) a commercial motor vehicle, truck-tractor, or
49-3 road-tractor operated under the control, supervision, or authority
49-4 of a motor carrier that is subject to Section 18 or exempt under
49-5 Section 18a, Chapter 314, Acts of the 41st Legislature, Regular
49-6 Session, 1929, as amended (Article 911b, Vernon's Texas Civil
49-7 Statutes); or>
49-8 <(3)> a commercial motor vehicle, truck-tractor, or
49-9 road-tractor required to be registered under Section 113.131,
49-10 Chapter 113, Natural Resources Code; or
49-11 (2) <(4)> any commercial motor vehicle, truck-tractor,
49-12 or road-tractor registered under Section 6a, Chapter 88, General
49-13 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929, as
49-14 amended (Article 6675a-6a, Vernon's Texas Civil Statutes); or
49-15 (3) <(5)> a commercial motor vehicle, truck-tractor,
49-16 or road-tractor operated under the control, supervision, or
49-17 authority of a person through the execution of a bona fide lease,
49-18 memorandum, or agreement in compliance with Chapter 209, Acts of
49-19 the 53rd Legislature, Regular Session, 1953, as amended (Article
49-20 6701c-1, Vernon's Texas Civil Statutes); or
49-21 (4) <(6)> any commercial motor vehicle, truck-tractor,
49-22 or road-tractor operated in private carriage that is subject to
49-23 Title 49, Code of Federal Regulations, Part 397.21; or
49-24 (5) <(7)> a commercial motor vehicle, truck-tractor,
49-25 or road-tractor operated under the direct control, supervision, or
49-26 authority of a bona fide public utility, as recognized by the Texas
49-27 Legislature, that is otherwise visibly marked; or
50-1 (6) <(8)> any commercial motor vehicle, truck-tractor,
50-2 or road-tractor transporting timber products in their natural state
50-3 from first point of production or harvest to first point of
50-4 processing.
50-5 SECTION 25. Section 140A, Uniform Act Regulating Traffic on
50-6 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
50-7 by amending Subsection (a) and by adding Subsection (g) to read as
50-8 follows:
50-9 (a) In this section:
50-10 (1) "Commercial motor vehicle" means any
50-11 self-propelled or towed vehicle, except a farm vehicle with a gross
50-12 weight, registered weight, or gross weight rating of less than
50-13 48,000 pounds, used on a public highway to transport passengers or
50-14 cargo <property> when:
50-15 (A) the vehicle or combination of vehicles has a
50-16 gross weight, registered weight, or gross weight rating in excess
50-17 of 26,000 pounds;
50-18 (B) the vehicle is designed to transport more
50-19 than 15 passengers, including the driver; or
50-20 (C) the vehicle is used in the transportation of
50-21 hazardous materials in a quantity requiring placarding under the
50-22 regulations issued under the federal Hazardous Materials
50-23 Transportation Act (49 U.S.C. app. Sections 1801-1813).
50-24 (2) "Commission" means the Public Safety Commission.
50-25 (3) "Farm vehicle" has the meaning assigned by the
50-26 Federal Motor Carrier Safety Regulations under Title 49, Code of
50-27 Federal Regulations.
51-1 (4) "Federal safety regulations" means the Federal
51-2 Motor Carrier Safety Regulations under Title 49, Code of Federal
51-3 Regulations.
51-4 (g) The commission by rule may exempt certain types of
51-5 commercial motor vehicles from the application of this section. A
51-6 vehicle may be exempted only if the vehicle:
51-7 (1) was manufactured before September 1, 1995;
51-8 (2) is operated only temporarily on a highway of this
51-9 state and at a speed of less than 30 miles per hour; and
51-10 (3) complies with the requirements of Section 140 of
51-11 this Act and any applicable provision in Title 49, Code of Federal
51-12 Regulations.
51-13 SECTION 26. Chapter 42, General Laws, Acts of the 41st
51-14 Legislature, 2nd Called Session, 1929 (Article 6701d-11, Vernon's
51-15 Texas Civil Statutes), is amended by adding Section 1B to read as
51-16 follows:
51-17 Sec. 1B. "Oil field equipment" means machinery, materials,
51-18 and equipment used in the construction, operation, and maintenance
51-19 of facilities, including pipelines, that are used for the
51-20 discovery, production, and processing of natural gas or petroleum.
51-21 SECTION 27. Subdivision (1), Subsection (c), Section 3,
51-22 Chapter 42, General Laws, Acts of the 41st Legislature, 2nd Called
51-23 Session, 1929 (Article 6701d-11, Vernon's Texas Civil Statutes), is
51-24 amended to read as follows:
51-25 (1) No motor vehicle, other than a truck-tractor,
51-26 shall exceed a length of forty-five (45) feet. Except as provided
51-27 in Subsection (c-1) of this section, it shall be lawful for any
52-1 combination of not more than three (3) vehicles to be coupled
52-2 together including, but not limited to, a truck and semi-trailer,
52-3 truck and trailer, truck-tractor and semi-trailer and trailer, or a
52-4 truck-tractor and two trailers, provided such combination of
52-5 vehicles, other than a truck-tractor combination, shall not exceed
52-6 a length of sixty-five (65) feet, unless such vehicle or
52-7 combination of vehicles is operated exclusively within the limits
52-8 of an incorporated city or town; and unless, in the case of any
52-9 combination of such vehicles, same be operated by municipal
52-10 corporations in adjoining suburbs wherein said municipal
52-11 corporation has heretofore been using such or like equipment in
52-12 connection with an established service to such suburbs of the
52-13 municipality. The length limitations in this subdivision do not
52-14 apply to a truck-tractor, truck-tractor combination, or a
52-15 truck-trailer combination exclusively transporting oil field
52-16 equipment<, as that term is defined by Subsection (i) of Section 1,
52-17 Chapter 314, Acts of the 41st Legislature, Regular Session, 1929
52-18 (Article 911b, Vernon's Texas Civil Statutes)>. Motor buses as
52-19 defined in Section 1, Chapter 88, General Laws, Acts of the 41st
52-20 Legislature, 2nd Called Session, 1929 (Article 6675a-1, Vernon's
52-21 Texas Civil Statutes), exceeding thirty-five (35) feet in length,
52-22 but not exceeding forty-five (45) feet in length, may be lawfully
52-23 operated over the highways of this state if such motor buses are
52-24 equipped with air brakes and have either three or more axles or a
52-25 minimum of four (4) tires on the rear axle. The limitations in
52-26 this subdivision shall not apply to any house trailer or to any
52-27 combination of a house trailer and a motor vehicle, but no house
53-1 trailer and motor vehicle combination shall exceed a total length
53-2 of sixty-five (65) feet. "House trailer" as used herein means a
53-3 living quarters equipped and used for sleeping and eating and which
53-4 may be moved from one location to another over a public highway by
53-5 being pulled behind a motor vehicle. No house trailer, as the same
53-6 is defined herein, shall be entitled to the exemption contained in
53-7 this Subsection unless the owner thereof shall have paid all taxes,
53-8 including ad valorem taxes, and fees due and payable under the laws
53-9 of this state, levied on said house trailer.
53-10 SECTION 28. Chapter 42, General Laws, Acts of the 41st
53-11 Legislature, 2nd Called Session, 1929 (Article 6701d-11, Vernon's
53-12 Texas Civil Statutes), is amended by adding Section 3C to read as
53-13 follows:
53-14 Sec. 3C. (a) A person may not require indemnification from
53-15 a motor carrier as a condition to:
53-16 (1) the transportation of property by the motor
53-17 carrier for compensation or hire; or
53-18 (2) entrance onto property by the motor carrier for
53-19 the purpose of loading, unloading, or transporting property for
53-20 compensation or hire.
53-21 (b) Subsection (a)(2) of this section does not apply to a
53-22 claim arising from damages or losses from the wrongful or negligent
53-23 act or omission of the motor carrier.
53-24 SECTION 29. Section 33, Texas Motor Vehicle
53-25 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
53-26 Statutes), is amended to read as follows:
53-27 Sec. 33. Exceptions. This Act shall not apply with respect
54-1 to any motor vehicle owned by the United States, the State of Texas
54-2 or any political subdivision of this state, or any municipality
54-3 therein <except as provided in Section 35>, nor to the officers,
54-4 agents or employees of the United States, the State of Texas, or
54-5 any political subdivision of the state, while driving said vehicle
54-6 in the course of their employment; provided, however, that the
54-7 operator of every motor vehicle specified herein shall comply with
54-8 the provisions of Section 4 of this Act; nor, except for Sections 4
54-9 and 26 of this Act, with respect to any motor vehicle which is
54-10 subject to the requirements of Article 6675c, Revised Statutes
54-11 <Articles 911a (Sec. 11) and 911b (Sec. 13) of the Revised Civil
54-12 Statutes of Texas>; provided, however, that nothing in this Act
54-13 shall be construed so as to exclude from this Act its applicability
54-14 to taxicabs, jitneys, or other vehicles for hire, operating under
54-15 franchise or permit of any incorporated city, town or village.
54-16 SECTION 30. Subsection (c), Section 10, Article 9103,
54-17 Revised Statutes, is amended to read as follows:
54-18 (c) This article does not apply to public warehouses owned,
54-19 controlled, operated, or leased by motor carriers under Article
54-20 6675c, Revised Statutes <licensed by and within the jurisdiction of
54-21 the Railroad Commission of Texas under the provisions of Article
54-22 911b, Vernon's Texas Civil Statutes>, or their agents.
54-23 SECTION 31. (a) Effective September 1, 1995, the following
54-24 laws are repealed:
54-25 (1) Section 361.431, Health and Safety Code;
54-26 (2) Section 51.012, Election Code;
54-27 (3) Chapter 270, Acts of the 40th Legislature, Regular
55-1 Session, 1927 (Article 911a, Vernon's Texas Civil Statutes);
55-2 (4) Chapter 314, Acts of the 41st Legislature, Regular
55-3 Session, 1929 (Article 911b, Vernon's Texas Civil Statutes);
55-4 (5) Chapter 1, page 672, General Laws, Acts of the
55-5 46th Legislature, 1939 (Article 911d, Vernon's Texas Civil
55-6 Statutes);
55-7 (6) Chapter 544, Acts of the 59th Legislature, Regular
55-8 Session, 1965 (Article 911f, Vernon's Texas Civil Statutes);
55-9 (7) Article 911h, Revised Statutes;
55-10 (8) Chapter 88, Acts of the 60th Legislature, Regular
55-11 Session, 1967 (Article 911i, Vernon's Texas Civil Statutes);
55-12 (9) Chapter 114, Acts of the 43rd Legislature, 1st
55-13 Called Session, 1933 (Article 911j, Vernon's Texas Civil Statutes);
55-14 (10) Chapter 1135, Acts of the 70th Legislature,
55-15 Regular Session, 1987 (Article 6687-9b, Vernon's Texas Civil
55-16 Statutes);
55-17 (11) Chapter 209, Acts of the 53rd Legislature,
55-18 Regular Session, 1953 (Article 6701c-1, Vernon's Texas Civil
55-19 Statutes);
55-20 (12) Subsection (o), Section 2, Uniform Act Regulating
55-21 Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes);
55-22 (13) Section 139, Uniform Act Regulating Traffic on
55-23 Highways (Article 6701d, Vernon's Texas Civil Statutes); and
55-24 (14) Subsection (e), Section 5-2/3, Chapter 42,
55-25 General Laws, Acts of the 41st Legislature, 2nd Called Session,
55-26 1929 (Article 6701d-11, Vernon's Texas Civil Statutes), as added by
55-27 Chapter 689, Acts of the 68th Legislature, Regular Session, 1983.
56-1 (b) Effective September 1, 1997, Chapter 157, Tax Code, is
56-2 repealed.
56-3 SECTION 32. (a) Any appropriation made to the Railroad
56-4 Commission of Texas for the biennium ending August 31, 1997, for
56-5 the administration of a law repealed by Section 31 of this Act is
56-6 transferred to:
56-7 (1) the Texas Department of Transportation, if the
56-8 appropriation was for an activity previously administered by the
56-9 railroad commission that is now administered by the Texas
56-10 Department of Transportation under Section 1 of this Act; or
56-11 (2) the Department of Public Safety of the State of
56-12 Texas, if the appropriation was for an activity previously
56-13 administered by the railroad commission that is now administered by
56-14 the Department of Public Safety under Section 3 of this Act.
56-15 (b) A rule adopted by the Railroad Commission of Texas under
56-16 a law repealed by Section 31 of this Act before the effective date
56-17 of this Act that is not inconsistent with this Act remains in
56-18 effect as a rule of the Texas Department of Transportation or the
56-19 Department of Public Safety until superseded by a rule adopted by
56-20 the appropriate department.
56-21 (c) A registration that is valid on the effective date of
56-22 this Act remains valid until it expires or until the Texas
56-23 Department of Transportation suspends or revokes the registration.
56-24 In renewing a registration, the Texas Department of Transportation
56-25 shall, to the extent possible, assign a registration number to a
56-26 motor carrier that is identical to the prior number issued by the
56-27 Railroad Commission of Texas.
57-1 (d) A proceeding to suspend or revoke a registration issued
57-2 under a law repealed by Section 31 of this Act, or to impose a
57-3 penalty under a law repealed by Section 31 of this Act, that is
57-4 pending before the Railroad Commission of Texas on the effective
57-5 date of this Act is transferred without change in status to the
57-6 Texas Department of Transportation on the effective date of this
57-7 Act unless registration for the activity is no longer required or a
57-8 penalty may no longer be imposed. If registration is no longer
57-9 required or a penalty may no longer be imposed, the proceeding is
57-10 dismissed on the effective date of this Act.
57-11 (e) All records of the Railroad Commission of Texas
57-12 involving the registration of a motor carrier under a law repealed
57-13 by Section 31 of this Act that pertain to registration or safety
57-14 requirements as required by this Act are transferred to the Texas
57-15 Department of Transportation or the Department of Public Safety on
57-16 the effective date of this Act.
57-17 (f) A proceeding to suspend or revoke a license issued under
57-18 the Vehicle Storage Facility Act (Article 6687-9a, Revised
57-19 Statutes) or to impose a penalty under that Act that is pending
57-20 before the Railroad Commission of Texas on the effective date of
57-21 this Act is transferred without change in status to the Texas
57-22 Department of Transportation on the effective date of this Act.
57-23 All records of the Railroad Commission of Texas involving licensing
57-24 of a facility under the Vehicle Storage Facility Act are
57-25 transferred to the Texas Department of Transportation on the
57-26 effective date of this Act. A rule adopted by the Railroad
57-27 Commission of Texas under the Vehicle Storage Facility Act remains
58-1 in effect as a rule of the Texas Department of Transportation until
58-2 superseded by a rule adopted by the department.
58-3 (g) The Railroad Commission of Texas, the Texas Department
58-4 of Transportation, and the Department of Public Safety shall adopt
58-5 a memorandum of understanding regarding the transfer of
58-6 administrative duties that occurs under this Act. Notwithstanding
58-7 any other law, the memorandum may provide for the lateral transfer,
58-8 without the necessity of posting a job vacancy notice, of one or
58-9 more of the employees whose positions will be eliminated by this
58-10 Act and whose current duties and functions approximate those
58-11 required by the Texas Department of Transportation or the
58-12 Department of Public Safety to implement this Act. For any
58-13 position that is posted, the Texas Department of Transportation and
58-14 the Department of Public Safety may give preference to a person
58-15 employed in a similar position at the Railroad Commission of Texas.
58-16 (h) On the effective date of this Act, the Motor Carrier Act
58-17 enforcement fund account in the general revenue fund is abolished
58-18 and any money in the account is transferred to the undedicated
58-19 portion of the general revenue fund.
58-20 (i) Not later than January 1, 1996, the Texas Department of
58-21 Transportation shall review all rules adopted by the department to
58-22 enforce this Act.
58-23 (j) Not later than January 1, 1996, the Department of Public
58-24 Safety shall review all rules adopted by the department to enforce
58-25 this Act.
58-26 (k) After conducting a review as required by Subsection (i)
58-27 or (j) of this section, the Texas Department of Transportation and
59-1 the Department of Public Safety shall adopt new rules as
59-2 appropriate.
59-3 (l) All certificates of public convenience and necessity and
59-4 permits issued to contract carriers under Chapter 314, Acts of the
59-5 41st Legislature, Regular Session, 1929 (Article 911b, Vernon's
59-6 Texas Civil Statutes), are canceled.
59-7 SECTION 33. Not later than January 1, 1996, all state
59-8 agencies shall review existing regulations which affect motor
59-9 carriers and seek means to improve resource utilization and
59-10 enforcement as well as seek means to improve the industry's
59-11 productivity and voluntary compliance in such areas as vehicle
59-12 registration and inspection, reporting requirements, issuance of
59-13 temporary permits, and filing of credentials. Such review shall
59-14 include efforts to eliminate duplicitous regulations.
59-15 SECTION 34. This Act takes effect September 1, 1995.
59-16 SECTION 35. The importance of this legislation and the
59-17 crowded condition of the calendars in both houses create an
59-18 emergency and an imperative public necessity that the
59-19 constitutional rule requiring bills to be read on three several
59-20 days in each house be suspended, and this rule is hereby suspended.