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.