74R11425 DRH-D
By Bivins S.B. No. 3
Substitute the following for S.B. No. 3:
By Alexander C.S.S.B. No. 3
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of motor carriers; providing civil,
1-3 administrative, and criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 1, Title 116, Revised Statutes, is
1-6 amended by adding Article 6675c to read as follows:
1-7 Art. 6675c. MOTOR CARRIER REGISTRATION
1-8 Sec. 1. DEFINITIONS. In this article:
1-9 (1) "Director" means the executive director of the
1-10 department or the director's designee not below the rank of
1-11 division or special office director.
1-12 (2) "Motor carrier" means an individual, association,
1-13 corporation, or other legal entity that controls, operates, or
1-14 directs the operation of one or more vehicles that transport
1-15 persons or cargo over a road or highway in this state.
1-16 (3) "Hazardous material" has the meaning assigned by
1-17 49 U.S.C. Section 5102.
1-18 (4) "Household goods" has the meaning assigned by 49
1-19 U.S.C. Section 10102.
1-20 (5) "Insurer" means a person, including a surety,
1-21 authorized in this state to write lines of insurance coverage
1-22 required by this article.
1-23 (6) "Tow truck" means a motor vehicle, including a
1-24 wrecker, equipped with a mechanical device used to tow, winch, or
2-1 otherwise move another motor vehicle.
2-2 (7) "Vehicle requiring registration" means a vehicle
2-3 described in Section 3(a) of this article.
2-4 Sec. 2. EXEMPTIONS. This article does not apply to:
2-5 (1) a motor vehicle registered under the single state
2-6 registration system established under 49 U.S.C. Section 11506(c)
2-7 when operating exclusively in interstate or international commerce;
2-8 (2) a motor vehicle registered as a cotton vehicle
2-9 under Section 5o, Chapter 88, General Laws, Acts of the 41st
2-10 Legislature, 2nd Called Session, 1929 (Article 6675a-5o, Vernon's
2-11 Texas Civil Statutes); or
2-12 (3) a motor vehicle the department by rule exempts
2-13 because the vehicle is subject to comparable registration or a
2-14 comparable safety program administered by another agency.
2-15 Sec. 3. REGISTRATION. (a) A motor carrier may not operate
2-16 a commercial motor vehicle, as defined by Section 140A, Uniform Act
2-17 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
2-18 Statutes), or a tow truck on a road or highway of this state unless
2-19 the carrier registers with the department under this article.
2-20 (b) An applicant for registration under this section must
2-21 submit an application to the department on a form prescribed by the
2-22 department. The application must include:
2-23 (1) the name of the owner and the principal business
2-24 address of the motor carrier;
2-25 (2) the name and address of the legal agent for
2-26 service of process of the carrier in this state, if different;
2-27 (3) a description of each vehicle requiring
3-1 registration the carrier proposes to operate, including the motor
3-2 vehicle identification number, make, and unit number;
3-3 (4) a statement as to whether the carrier proposes to
3-4 transport household goods or hazardous materials;
3-5 (5) a declaration that the applicant has knowledge of
3-6 all laws and rules relating to motor carrier safety, including this
3-7 article, Article 6675d, Revised Statutes, and the Uniform Act
3-8 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
3-9 Statutes); and
3-10 (6) any other information the department by rule
3-11 determines is necessary for the safe operation of a carrier under
3-12 this article.
3-13 (c) The application must be filed with the department along
3-14 with:
3-15 (1) an application fee of $100 plus a $10 fee for each
3-16 vehicle requiring registration the motor carrier proposes to
3-17 operate;
3-18 (2) proof of insurance or financial responsibility as
3-19 required by Section 4(d) of this article; and
3-20 (3) any insurance filing fee required under Section
3-21 4(f) of this article.
3-22 (d) The department shall register a motor carrier under this
3-23 section if the carrier meets the requirements of Subsections (b)
3-24 and (c) of this section. The department may deny a registration if
3-25 the applicant has had a registration revoked under Section 7 of
3-26 this article.
3-27 (e) The department shall issue a certificate containing a
4-1 single registration number to a motor carrier, regardless of the
4-2 number of vehicles requiring registration the carrier operates.
4-3 The department shall issue a cab card as described by Section 5 of
4-4 this article for each vehicle requiring registration the motor
4-5 carrier operates.
4-6 (f) The department may conditionally accept an incomplete
4-7 application for registration if the motor carrier meets the
4-8 requirements of Subsection (c) of this section. The department
4-9 shall notify the motor carrier of the incomplete status of the
4-10 application and the information required for completion. If the
4-11 motor carrier fails to provide the information within 45 days after
4-12 the date the department provides notice of the incomplete status,
4-13 the application is considered withdrawn and the department shall
4-14 retain the fees required by Subsection (c)(1) of this section.
4-15 (g) A motor carrier required to register under this article
4-16 shall supplement the carrier's application for registration before:
4-17 (1) the carrier transports hazardous materials or
4-18 household goods if the carrier has not provided notice to the
4-19 department in the carrier's initial or a supplemental application
4-20 for registration;
4-21 (2) the carrier operates a vehicle requiring
4-22 registration that is not listed on the carrier's initial or a
4-23 supplemental application for registration; or
4-24 (3) the carrier changes the carrier's principal
4-25 business address, legal agent, ownership, or name.
4-26 (h) The department shall prescribe the form of a
4-27 supplemental application for registration made under Subsection (g)
5-1 of this section. A motor carrier may not operate an additional
5-2 vehicle requiring registration unless the carrier pays a
5-3 registration fee of $10 for each additional vehicle the motor
5-4 carrier proposes to operate and shows the department evidence of
5-5 insurance or financial responsibility in an amount at least equal
5-6 to the amount set by the department under Section 4(a) of this
5-7 article for the new vehicle. A motor carrier is not required to
5-8 pay the $10 registration fee for an additional vehicle that is a
5-9 replacement for a previous vehicle for which the fee was paid. A
5-10 registered motor carrier may not begin transporting household goods
5-11 or hazardous materials unless the carrier shows the department
5-12 evidence of insurance or financial responsibility in an amount at
5-13 least equal to the amount set by the department for a vehicle
5-14 carrying household goods or hazardous materials under Section 4(a)
5-15 of this article.
5-16 (i) A registration issued under this article is valid for
5-17 one year. The department may adopt a system under which
5-18 registrations expire at different times during the year. A motor
5-19 carrier may renew a registration under this article by:
5-20 (1) supplementing the application with any new
5-21 information required under Subsection (g) of this section;
5-22 (2) paying a $10 fee for each vehicle requiring
5-23 registration the carrier operates; and
5-24 (3) showing the department evidence of continuing
5-25 insurance or financial responsibility in an amount at least equal
5-26 to the amount set by the department under Section 4(a) of this
5-27 article.
6-1 (j) The department may by rule provide for the temporary
6-2 registration of an international motor carrier that provides the
6-3 same proof of insurance as is required for a domestic motor
6-4 carrier. The department may charge a fee for a temporary
6-5 registration in an amount not to exceed the costs of administering
6-6 this subsection.
6-7 (k) The department may not collect more than $10 in
6-8 equipment registration fees for a vehicle registered under both
6-9 this article and Article 6675c-1, Revised Statutes.
6-10 Sec. 4. INSURANCE. (a) A motor carrier that is required to
6-11 register under this article shall maintain liability insurance in
6-12 an amount set by the department for each vehicle requiring
6-13 registration the carrier operates. The department by rule may set
6-14 the amount of liability insurance required at an amount that does
6-15 not exceed the amount required for a motor carrier under federal
6-16 regulations adopted under 49 U.S.C. Section 10927(a)(1). In
6-17 setting the amount the department shall consider:
6-18 (1) the class and size of the vehicle; and
6-19 (2) the type of persons or cargo being transported.
6-20 (b) A motor carrier required to register under this article
6-21 transporting household goods shall maintain cargo insurance in the
6-22 same amount required for a motor carrier transporting household
6-23 goods under federal law.
6-24 (c) A motor carrier may meet the insurance requirements of
6-25 Subsections (a) and (b) of this section through self-insurance if
6-26 the carrier demonstrates to the department that it can satisfy its
6-27 obligations for bodily injury and property damage liability. The
7-1 department shall adopt rules that, in the interest of public
7-2 safety, provide for a responsible system of self-insurance for a
7-3 motor carrier.
7-4 (d) A motor carrier that is required to register under this
7-5 article must file with the department proof of insurance in the
7-6 amounts required by Subsections (a) and (b) of this section, or
7-7 proof of financial responsibility as described by Subsection (c) of
7-8 this section, in a form prescribed by the department. The form
7-9 must be filed:
7-10 (1) at the time of the initial registration;
7-11 (2) at the time of a subsequent registration, if the
7-12 motor carrier was required to be continuously registered under this
7-13 article and the carrier failed to maintain continuous registration;
7-14 (3) at the time a motor carrier changes insurers; and
7-15 (4) at the time a motor carrier changes ownership, as
7-16 determined by rules adopted by the department.
7-17 (e) A motor carrier shall keep proof of insurance in a form
7-18 approved by the department in the cab of each vehicle requiring
7-19 registration the carrier operates.
7-20 (f) The department may charge a fee of $100 for a filing
7-21 made under Subsection (d) of this section.
7-22 (g) An insurer may not terminate coverage provided to a
7-23 motor carrier registered under this article unless the insurer
7-24 provides the department with notice at least 30 days before the
7-25 date the termination takes effect.
7-26 (h) Notice under Subsection (g) of this section must be in a
7-27 form approved by the department and the Texas Department of
8-1 Insurance. The department shall notify the Department of Public
8-2 Safety of each notice filed under Subsection (g) of this section.
8-3 (i) If an insurer for a motor carrier becomes insolvent, is
8-4 placed in receivership, or had its certificate of authority
8-5 suspended or revoked and if the carrier no longer has insurance
8-6 coverage as required by this section, the carrier shall file with
8-7 the department, not later than the 10th day after the date the
8-8 coverage lapses:
8-9 (1) proof of insurance as required by Subsection (d)
8-10 of this section; and
8-11 (2) an affidavit that:
8-12 (A) indicates that an accident from which the
8-13 carrier may incur liability did not occur during the period when
8-14 the coverage was not in effect; or
8-15 (B) contains a plan acceptable to the department
8-16 indicating how the carrier will satisfy claims of liability against
8-17 the carrier for an accident that occurred during the period when
8-18 the coverage was not in effect.
8-19 (j) The department may not require a motor carrier required
8-20 to register under this article to carry workers' compensation or
8-21 similar insurance coverage. Notwithstanding any contrary provision
8-22 of any law or regulation, a motor carrier required to register
8-23 under this article may provide health and accident insurance
8-24 coverage for its employees in lieu of workers' compensation
8-25 insurance for any contract with state or local governmental
8-26 entities or agencies or any political subdivisions thereof.
8-27 Sec. 5. CAB CARDS. (a) The department shall issue a cab
9-1 card for each vehicle requiring registration operated by a motor
9-2 carrier. The card must contain the registration number of the
9-3 certificate issued under Section 3(e) of this article, the vehicle
9-4 unit number, the vehicle identification number, and a statement
9-5 that the vehicle is registered to operate under this article. The
9-6 department shall issue cab cards annually at the time a motor
9-7 carrier pays a registration fee under Section 3 of this article.
9-8 The department may charge a fee of $1 for each cab card issued. A
9-9 motor carrier required to register under this article must keep the
9-10 cab card in the cab of each vehicle requiring registration the
9-11 carrier operates.
9-12 (b) The department may order a motor carrier to surrender a
9-13 cab card if the carrier's registration is suspended or revoked
9-14 under Section 7 of this article.
9-15 (c) If the department determines that the cab card system
9-16 described in Subsection (a) of this section is no longer an
9-17 efficient means of enforcing this article, the department may adopt
9-18 by rule an alternative method that is accessible by law enforcement
9-19 personnel in the field to allow for the enforcement of the annual
9-20 registration of vehicles for compliance with this article.
9-21 Sec. 6. ADMINISTRATIVE PENALTY BY TEXAS DEPARTMENT OF
9-22 TRANSPORTATION. (a) The department may impose an administrative
9-23 penalty against a motor carrier required to register under this
9-24 article who violates a provision of Section 3, 4, 5, 8, or 12 of
9-25 this article or a rule or order adopted under those sections. The
9-26 department shall designate one or more employees to investigate and
9-27 administer penalties under this section.
10-1 (b) The penalty for a violation may be in an amount not to
10-2 exceed $5,000. If it is found that the motor carrier knowingly
10-3 committed a violation, the penalty for a violation may not exceed
10-4 $15,000. If it is found that the motor carrier knowingly committed
10-5 multiple violations, the aggregate penalty for the multiple
10-6 violations may not exceed $30,000. Each day a violation continues
10-7 or occurs is a separate violation for purposes of imposing a
10-8 penalty.
10-9 (c) The amount of the penalty shall be based on:
10-10 (1) the seriousness of the violation, including the
10-11 nature, circumstances, extent, and gravity of any prohibited acts,
10-12 and the hazard or potential hazard created to the health, safety,
10-13 or economic welfare of the public;
10-14 (2) the economic harm to property or the environment
10-15 caused by the violation;
10-16 (3) the history of previous violations;
10-17 (4) the amount necessary to deter future violations;
10-18 (5) efforts to correct the violation; and
10-19 (6) any other matter that justice may require.
10-20 (d) If the department determines that a violation has
10-21 occurred, it may issue to the director a report that states the
10-22 facts on which the determination is based and a recommendation on
10-23 the imposition and amount of any penalty.
10-24 (e) Within 14 days after the date the report is issued, the
10-25 department shall give written notice of the report to the motor
10-26 carrier. The notice may be given by certified mail. The notice
10-27 must include a brief summary of the alleged violation and a
11-1 statement of the amount of the recommended penalty and must inform
11-2 the motor carrier that the carrier has a right to a hearing on the
11-3 occurrence of the violation, the amount of the penalty, or both the
11-4 occurrence of the violation and the amount of the penalty.
11-5 (f) Within 20 days after the date the motor carrier receives
11-6 the notice, the carrier in writing may accept the determination and
11-7 recommended penalty of the department or may make a written request
11-8 for a hearing on the occurrence of the violation, the amount of the
11-9 penalty, or both the occurrence of the violation and the amount of
11-10 the penalty. The department may, on the request of the person,
11-11 hold an informal hearing to discuss a penalty recommended under
11-12 this article. The department may modify a recommendation for
11-13 penalty at the conclusion of the informal hearing.
11-14 (g) If the motor carrier accepts the determination and
11-15 recommended penalty of the department, the director by order shall
11-16 approve the determination and impose the recommended penalty.
11-17 (h) If the motor carrier requests a hearing or fails to
11-18 respond timely to the notice, the department shall set a hearing
11-19 and give notice of the hearing to the carrier. The hearing shall
11-20 be held by an administrative law judge of the State Office of
11-21 Administrative Hearings. The administrative law judge shall make
11-22 findings of fact and conclusions of law and promptly issue to the
11-23 director a proposal for a decision about the occurrence of the
11-24 violation and the amount of a proposed penalty. Based on the
11-25 findings of fact, conclusions of law, and proposal for a decision,
11-26 the director by order may find that a violation has occurred and
11-27 impose a penalty or may find that no violation occurred. The
12-1 director may increase or decrease the amount of the penalty
12-2 recommended by an administrative law judge within the limits
12-3 prescribed by Subsection (b) of this section.
12-4 (i) The notice of the director's order given to the motor
12-5 carrier under Chapter 2001, Government Code (Administrative
12-6 Procedure Act), must include a statement of the right of the
12-7 carrier to judicial review of the order.
12-8 (j) Within 30 days after the date the director's order
12-9 becomes final as provided by Section 2001.144, Government Code, the
12-10 motor carrier shall:
12-11 (1) pay the amount of the penalty;
12-12 (2) pay the amount of the penalty and file a petition
12-13 for judicial review contesting the occurrence of the violation, the
12-14 amount of the penalty, or both the occurrence of the violation and
12-15 the amount of the penalty; or
12-16 (3) without paying the amount of the penalty, file a
12-17 petition for judicial review contesting the occurrence of the
12-18 violation, the amount of the penalty, or both the occurrence of the
12-19 violation and the amount of the penalty.
12-20 (k) Within the 30-day period, a motor carrier who acts under
12-21 Subsection (j)(3) of this section may:
12-22 (1) stay enforcement of the penalty by:
12-23 (A) paying the amount of the penalty to the
12-24 court for placement in an escrow account; or
12-25 (B) giving to the court a supersedeas bond that
12-26 is approved by the court for the amount of the penalty and that is
12-27 effective until all judicial review of the director's order is
13-1 final; or
13-2 (2) request the court to stay enforcement of the
13-3 penalty by:
13-4 (A) filing with the court a sworn affidavit of
13-5 the person stating that the person is financially unable to pay the
13-6 amount of the penalty and is financially unable to give the
13-7 supersedeas bond; and
13-8 (B) giving a copy of the affidavit to the
13-9 director by certified mail.
13-10 (l) If the department receives a copy of an affidavit under
13-11 Subsection (k)(2) of this section, it may file with the court,
13-12 within five days after the date the copy is received, a contest to
13-13 the affidavit. The court shall hold a hearing on the facts alleged
13-14 in the affidavit as soon as practicable and shall stay the
13-15 enforcement of the penalty on finding that the alleged facts are
13-16 true. The motor carrier who files an affidavit has the burden of
13-17 proving that the carrier is financially unable to pay the amount of
13-18 the penalty and to give a supersedeas bond.
13-19 (m) If the motor carrier does not pay the amount of the
13-20 penalty and the enforcement of the penalty is not stayed, the
13-21 director may refer the matter to the attorney general for
13-22 collection of the amount of the penalty.
13-23 (n) Judicial review of the order of the director:
13-24 (1) is instituted by filing a petition as provided by
13-25 Subchapter G, Chapter 2001, Government Code; and
13-26 (2) is under the substantial evidence rule.
13-27 (o) If the court sustains the occurrence of the violation,
14-1 the court may uphold or reduce the amount of the penalty and order
14-2 the motor carrier to pay the full or reduced amount of the penalty.
14-3 If the court does not sustain the occurrence of the violation, the
14-4 court shall order that no penalty is owed.
14-5 (p) When the judgment of the court becomes final, the court
14-6 shall proceed under this subsection. If the motor carrier paid the
14-7 amount of the penalty and if that amount is reduced or is not
14-8 upheld by the court, the court shall order that the appropriate
14-9 amount plus accrued interest be remitted to the person. The rate
14-10 of the interest is the rate charged on loans to depository
14-11 institutions by the New York Federal Reserve Bank, and the interest
14-12 shall be paid for the period beginning on the date the penalty was
14-13 paid and ending on the date the penalty is remitted. If the motor
14-14 carrier gave a supersedeas bond and if the amount of the penalty is
14-15 not upheld by the court, the court shall order the release of the
14-16 bond. If the motor carrier gave a supersedeas bond and if the
14-17 amount of the penalty is reduced, the court shall order the release
14-18 of the bond after the carrier pays the amount.
14-19 (q) All proceedings under this section are subject to
14-20 Chapter 2001, Government Code.
14-21 Sec. 7. SUSPENSION AND REVOCATION OF REGISTRATION. (a) The
14-22 department may suspend or revoke a registration issued under this
14-23 article if:
14-24 (1) a motor carrier fails to maintain insurance as
14-25 required by Section 4(a) or (b) of this article;
14-26 (2) a motor carrier fails to keep proof of insurance
14-27 in the cab of each vehicle as required by Section 4(e) of this
15-1 article;
15-2 (3) a motor carrier fails to register a vehicle
15-3 requiring registration; or
15-4 (4) a motor carrier knowingly provides false
15-5 information on any form filed with the department under this
15-6 section.
15-7 (b) The Department of Public Safety may request that the
15-8 department suspend or revoke a registration issued under this
15-9 article if a motor carrier:
15-10 (1) has an unsatisfactory safety rating under 49 CFR
15-11 Part 385; or
15-12 (2) has multiple violations of a provision of Article
15-13 6675d, Revised Statutes, a rule adopted under that article, or the
15-14 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
15-15 Texas Civil Statutes).
15-16 (c) Except as provided by Subsection (d) of this section, a
15-17 suspension or revocation made under Subsection (a) or (b) of this
15-18 section is a contested case under Chapter 2001, Government Code.
15-19 (d) The department may suspend or revoke a registration
15-20 issued under this article without a hearing under Chapter 2001,
15-21 Government Code, if:
15-22 (1) the department provides notice to the motor
15-23 carrier of:
15-24 (A) the proposed suspension or revocation; and
15-25 (B) the right of the carrier to request a
15-26 hearing under Chapter 2001, Government Code; and
15-27 (2) the motor carrier fails to provide the department
16-1 with a written request for a hearing within 10 days after the date
16-2 the carrier receives the notice described in Subdivision (1) of
16-3 this subsection.
16-4 Sec. 8. ECONOMIC REGULATION. (a) Except as provided by
16-5 this section, the department may not regulate the prices, routes,
16-6 or services provided by a motor carrier.
16-7 (b) The department may establish voluntary standards for
16-8 uniform cargo liability, uniform bills of lading or receipts for
16-9 cargo being transported, and uniform cargo credit. A standard
16-10 adopted under this section must be consistent with Subtitle IV,
16-11 Title 49, United States Code, or a regulation adopted under that
16-12 law.
16-13 (c) The department shall adopt rules to protect consumers
16-14 who use the services of a motor carrier who is required to register
16-15 under Section 3 of this article and who is transporting household
16-16 goods that are at least as stringent as the corresponding
16-17 provisions of 49 CFR Part 1056. The department may adopt rules
16-18 under this subsection that are more stringent than the
16-19 corresponding federal provisions. A motor carrier transporting
16-20 household goods shall list a place of business with a street
16-21 address in this state and the carrier's registration number issued
16-22 under this article in any print advertising published in this
16-23 state. The department may adopt all such rules as are necessary to
16-24 ensure that customers of household goods movers are protected from
16-25 deceptive or unfair practices and unreasonably hazardous activities
16-26 on the part of the movers. Such rules may include but are not
16-27 limited to measures to:
17-1 (1) establish a formal process for resolving disputes
17-2 over fees and damages apart from the method of mediation in
17-3 Subsection (f) of this section;
17-4 (2) require a carrier to indicate clearly to consumers
17-5 whether estimates are binding or nonbinding and disclose the
17-6 maximum price a consumer could be required to pay; and
17-7 (3) create a centralized process for making complaints
17-8 about a carrier which also allows consumers to inquire about a
17-9 carrier's complaint record.
17-10 (d) A motor carrier who is required to register under
17-11 Section 3 of this article and who is transporting household goods
17-12 shall file a tariff with the department which establishes maximum
17-13 charges for transportation services where in the course of such
17-14 transportation a highway between two or more incorporated cities,
17-15 towns, or villages is traversed. This requirement may be satisfied
17-16 by filing a copy of the carrier's tariff governing interstate
17-17 transportation services where in the course of such transportation
17-18 a highway between two or more incorporated cities, towns, or
17-19 villages is traversed. Tariffs filed pursuant to this section
17-20 shall be made available for public inspection at the department.
17-21 In no event shall the department adopt rules regulating the rates,
17-22 except as provided herein, or routes of household goods carriers.
17-23 (e) A rule adopted under Subsection (c) of this section
17-24 authorizing a motor carrier transporting household goods to offer
17-25 insurance for the full value of a customer's property does not
17-26 constitute the unauthorized practice of the insurance business
17-27 under Article 1.14-1, Insurance Code.
18-1 (f) All collective associations of motor carriers
18-2 transporting household goods, or agents thereof, which have
18-3 received approval for collective ratemaking agreements under
18-4 Section 9(d) of this article shall provide a method of mediation
18-5 for consumers to receive resolution through mediation of disputes
18-6 over fees, damages, and services. All costs associated with such
18-7 mediation shall be borne by the motor carriers, the agents thereof,
18-8 or the association. All carriers and agents who are parties to
18-9 collective agreements approved under Section 9(d) of this article
18-10 must participate in consumer complaint resolution, including
18-11 participation in the mediation process and advertisement of the
18-12 availability of mediation in all contracts or estimate proposals.
18-13 Any complaint mediation that is not resolved to the mutual
18-14 agreement of all parties shall be reported to the department.
18-15 Consumers shall be advised of their rights to seek resolution
18-16 directly from the department. The department shall adopt rules
18-17 that ensure such notification is available to consumers in a form
18-18 and manner consistent with its duties under Subsection (c) of this
18-19 section.
18-20 Sec. 9. ANTITRUST EXEMPTION. (a) Chapter 15, Business &
18-21 Commerce Code, does not apply to a discussion or agreement between
18-22 a motor carrier who is required to register under Section 3 of this
18-23 article and who transports household goods and an agent of the
18-24 carrier involving:
18-25 (1) the following matters if they occur under the
18-26 authority of the principal carrier:
18-27 (A) rates for the transportation of household
19-1 goods;
19-2 (B) access, terminal, storage, or other charges
19-3 incidental to the transportation of household goods; or
19-4 (C) allowances relating to the transportation of
19-5 household goods; or
19-6 (2) ownership of the carrier by the agent or
19-7 membership on the board of directors of the carrier by the agent.
19-8 (b) An agent under Subsection (a) of this section may itself
19-9 be a motor carrier required to register under Section 3 of this
19-10 article.
19-11 (c) The department may by rule exempt a motor carrier
19-12 required to register under Section 3 of this article from Chapter
19-13 15, Business & Commerce Code, for an activity relating to the
19-14 establishment of joint line rates, routes, classifications, or
19-15 mileage guides.
19-16 (d) Motor carriers who are required to register under
19-17 Section 3 of this article and who transport household goods, and
19-18 agents thereof, or both, may enter into collective ratemaking
19-19 agreements between one or more such carriers or agents concerning
19-20 the establishment and filing of maximum rates, classifications,
19-21 rules, or procedures. Such agreements shall be submitted to the
19-22 department for approval by any such carrier or agent, or by any
19-23 collective association of carriers or agents, and shall be approved
19-24 by the department if the agreement provides that all meetings shall
19-25 be open to the public and that notice of meetings shall be given to
19-26 customers who are multiple users of household goods movers
19-27 services. The department may withhold approval of the agreement if
20-1 it finds and concludes, after notice and hearing, that the
20-2 agreement fails to comply with these provisions. Unless
20-3 disapproved by the department, the provisions of such agreement may
20-4 be observed and Chapter 15, Business & Commerce Code, shall not
20-5 apply to any motor carrier who is required to be registered under
20-6 Section 3 of this article and who transports household goods with
20-7 respect to activities performed under such agreement. An
20-8 association of household goods motor carriers, or agents thereof,
20-9 or both, may be designated by any motor carrier who is required to
20-10 be registered under Section 3 of this article and who transports
20-11 household goods as its collective maximum ratemaking association
20-12 for the purpose of the required filing of a tariff for maximum
20-13 rates required by Section 8 of this article.
20-14 Sec. 10. CRIMINAL PENALTY. (a) A person commits an offense
20-15 if the person fails to:
20-16 (1) register as required by Section 3 of this article;
20-17 (2) maintain insurance as required by Section 4 of
20-18 this article; or
20-19 (3) keep a cab card in the cab of a vehicle as
20-20 required by Section 5(a) of this article.
20-21 (b) An offense under this section is a Class C misdemeanor.
20-22 Sec. 11. TOW TRUCK REGULATION BY MUNICIPALITY. (a) In
20-23 addition to the registration requirements of this article, a
20-24 municipality may regulate the operation of a tow truck to the
20-25 extent allowed by federal law.
20-26 (b) A municipality may not require the registration of a tow
20-27 truck that performs consent tows unless the owner of the tow truck
21-1 has a place of business in the territory of the municipality.
21-2 (c) A municipality may require the registration of a tow
21-3 truck that performs a non-consent tow, regardless of whether the
21-4 owner of the tow truck has a place of business in the territory of
21-5 the municipality.
21-6 (d) A municipality may not require a person who has a
21-7 driver's license or commercial driver's license to obtain a license
21-8 or permit for operating a tow truck unless the person performs
21-9 non-consent tows in the territory of the municipality. The fee
21-10 charged for a license may not exceed $15.
21-11 (e) In this section:
21-12 (1) "Commercial driver's license" has the meaning
21-13 assigned by Section 3, Texas Commercial Driver's License Act
21-14 (Article 6687b-2, Revised Statutes).
21-15 (2) "Consent tow" means the towing of a vehicle with
21-16 the consent of the owner or operator of the vehicle.
21-17 (3) "Driver's license" has the meaning assigned by
21-18 Section 1, Chapter 173, Acts of the 47th Legislature, Regular
21-19 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes).
21-20 (4) "Non-consent tow" means the towing of a vehicle
21-21 without the consent of the owner or operator of the vehicle.
21-22 Sec. 12. RULES. The department may adopt rules as necessary
21-23 to administer this article.
21-24 Sec. 13. INSPECTION OF DOCUMENTS. (a) To investigate an
21-25 alleged violation of Section 3 or 4 of this article, an officer or
21-26 employee of the department who has been certified for the purpose
21-27 by the director may enter a motor carrier's premises to copy or
22-1 verify the correctness of documents, including operation logs and
22-2 insurance certificates.
22-3 (b) The officer or employee may conduct the inspection:
22-4 (1) at a reasonable time;
22-5 (2) on stating the purpose of the inspection; and
22-6 (3) by presenting to the motor carrier:
22-7 (A) appropriate credentials; and
22-8 (B) a written statement from the department to
22-9 the motor carrier indicating the officer's or employee's authority
22-10 to inspect.
22-11 Sec. 14. RULES ADVISORY COMMITTEE. (a) The department
22-12 shall appoint a rules advisory committee to advise the department
22-13 on adoption of rules regarding:
22-14 (1) the application of this article to tow trucks; and
22-15 (2) the administration by the department of the
22-16 Vehicle Storage Facility Act (Article 6687-9a, Revised Statutes).
22-17 (b) The department shall determine the size of the
22-18 committee, but the committee must include one member who represents
22-19 each of the following:
22-20 (1) tow truck operators;
22-21 (2) vehicle storage facility operators;
22-22 (3) owners of property having parking facilities;
22-23 (4) law enforcement agencies or municipalities;
22-24 (5) insurance companies; and
22-25 (6) the general public.
22-26 (c) Members of the committee serve at the pleasure of the
22-27 department. A member of the committee is not entitled to
23-1 compensation or reimbursement of expenses for serving as a member.
23-2 (d) The department may adopt rules to govern the operations
23-3 of the advisory committee.
23-4 Sec. 15. PAYMENT OF FEES. The department may adopt rules
23-5 regarding the method of payment of a fee under this article. The
23-6 rules may authorize the use of electronic funds transfer or a valid
23-7 credit card issued by a financial institution chartered by a state
23-8 or the federal government or by a nationally recognized credit
23-9 organization approved by the department. The rules may require the
23-10 payment of a discount or service charge for a credit card payment
23-11 in addition to the fee.
23-12 SECTION 2. Chapter 1, Title 116, Revised Statutes, is
23-13 amended by adding Article 6675c-1 to read as follows:
23-14 Art. 6675c-1. SINGLE STATE REGISTRATION. (a) The
23-15 department shall, to the fullest extent practicable, participate in
23-16 the single state registration system established under 49 U.S.C.
23-17 Section 11506.
23-18 (b) The department may charge a motor carrier holding a
23-19 permit issued under Subtitle IV, Title 49, United States Code, a
23-20 fee for filing proof of insurance consistent with 49 U.S.C. Section
23-21 11506 not to exceed the maximum fee established under federal law.
23-22 (c) The department shall adopt rules that are consistent
23-23 with federal law providing for:
23-24 (1) administrative penalties in the same manner as
23-25 Section 6, Article 6675c, Revised Statutes; and
23-26 (2) suspension and revocation of registration in the
23-27 same manner as Section 7, Article 6675c, Revised Statutes.
24-1 (d) A person commits an offense if the person violates a
24-2 rule adopted under this article or fails to register a vehicle
24-3 required to be registered under this article. An offense under
24-4 this subsection is a Class C misdemeanor. Each day a violation of
24-5 a rule occurs constitutes a separate offense under this subsection.
24-6 (e) The department may adopt rules regarding the method of
24-7 payment of a fee under this article. The rules may authorize the
24-8 use of electronic funds transfer or a valid credit card issued by a
24-9 financial institution chartered by a state or the federal
24-10 government or by a nationally recognized credit organization
24-11 approved by the department. The rules may require the payment of a
24-12 discount or service charge for a credit card payment in addition to
24-13 the fee.
24-14 SECTION 3. Chapter 1, Title 116, Revised Statutes, is
24-15 amended by adding Article 6675d to read as follows:
24-16 Art. 6675d. COMMERCIAL MOTOR VEHICLE SAFETY STANDARDS
24-17 Sec. 1. DEFINITIONS. In this article:
24-18 (1) "Commercial motor vehicle" has the meaning
24-19 assigned by Section 140A, Uniform Act Regulating Traffic on
24-20 Highways (Article 6701d, Vernon's Texas Civil Statutes).
24-21 (2) "Department" means the Department of Public Safety
24-22 of the State of Texas.
24-23 (3) "Director" means the public safety director.
24-24 (4) "Federal hazardous material regulation" means a
24-25 federal regulation in 49 CFR Parts 101-199.
24-26 (5) "Federal motor carrier safety regulation" means a
24-27 federal regulation in 49 CFR Part 382, 385, or 386 or Parts
25-1 388-399.
25-2 (6) "Federal safety regulation" means a federal
25-3 hazardous material regulation or a federal motor carrier safety
25-4 regulation.
25-5 Sec. 2. CONFLICTS OF LAW. (a) A federal motor carrier
25-6 safety regulation prevails over a conflicting provision of this
25-7 article or a rule adopted by the director under this article.
25-8 (b) A safety rule adopted under this article prevails over a
25-9 conflicting rule adopted by a local government, authority, or state
25-10 agency or officer, other than a conflicting rule adopted by the
25-11 Railroad Commission of Texas under Chapter 113, Natural Resources
25-12 Code.
25-13 Sec. 3. AUTHORITY TO ADOPT RULES. (a) The director shall,
25-14 after notice and a public hearing, adopt rules regulating:
25-15 (1) the safe transportation of hazardous materials;
25-16 and
25-17 (2) the safe operation of commercial motor vehicles.
25-18 (b) A rule adopted under this article must be consistent
25-19 with federal regulations, including federal safety regulations.
25-20 (c) The director may adopt all or part of the federal safety
25-21 regulations by reference.
25-22 (d) Rules adopted under this article must ensure that:
25-23 (1) a commercial motor vehicle is safely maintained,
25-24 equipped, loaded, and operated;
25-25 (2) the responsibilities imposed on a commercial motor
25-26 vehicle's operator do not impair the operator's ability to operate
25-27 the vehicle safely; and
26-1 (3) the physical condition of a commercial motor
26-2 vehicle's operator enables the operator to operate the vehicle
26-3 safely.
26-4 (e) A motor carrier safety rule adopted by a local
26-5 government, authority, or state agency or officer must be
26-6 consistent with corresponding federal regulations.
26-7 Sec. 4. APPLICABILITY OF RULES. (a) Notwithstanding an
26-8 exemption provided in the federal safety regulations, other than an
26-9 exemption relating to intracity or commercial zone operations
26-10 provided in 49 CFR Part 395, a rule adopted by the director under
26-11 this article is uniformly applicable throughout this state.
26-12 (b) A rule adopted under this article applies to a vehicle
26-13 that requires hazardous material placarding.
26-14 (c) A rule adopted under this article may not apply to a
26-15 vehicle that is operated intrastate and that is:
26-16 (1) a machine generally consisting of a mast, engine,
26-17 draw works, and chassis permanently constructed or assembled to be
26-18 used and used in oil or water well servicing or drilling;
26-19 (2) a mobile crane that is an unladen, self-propelled
26-20 vehicle constructed as a machine to raise, shift, or lower weight;
26-21 or
26-22 (3) a vehicle transporting a seed cotton module.
26-23 Sec. 5. LIMITATIONS OF RULES. (a) A rule adopted under
26-24 this article may not:
26-25 (1) prevent an intrastate operator from operating a
26-26 vehicle up to 12 hours following eight consecutive hours off;
26-27 (2) require a person to meet the medical standards
27-1 provided in the federal motor carrier safety regulations if the
27-2 person:
27-3 (A) was regularly employed in this state as a
27-4 commercial motor vehicle operator in intrastate commerce before
27-5 August 28, 1989; and
27-6 (B) is not transporting property that requires a
27-7 hazardous material placard; or
27-8 (3) require a person to maintain a government form,
27-9 separate company form, operator's record of duty status, or
27-10 operator's daily log for operations within a 150-mile radius of the
27-11 normal work-reporting location if a general record of an operator's
27-12 hours of service can be compiled from:
27-13 (A) business records maintained by the owner
27-14 that provide the date, time, and location of the delivery of a
27-15 product or service; or
27-16 (B) documents required to be maintained by law,
27-17 including delivery tickets or sales invoices, that provide the date
27-18 of delivery and the quantity of merchandise delivered.
27-19 (b) For purposes of Subsection (a)(3)(A) of this section, an
27-20 owner's business records generally include:
27-21 (1) the time an operator reports for duty each day;
27-22 (2) the number of hours an operator is on duty each
27-23 day;
27-24 (3) the time an operator is released from duty each
27-25 day; and
27-26 (4) an operator's signed statement in compliance with
27-27 49 CFR Part 395.8(j)(2).
28-1 Sec. 6. CERTIFICATION OF MUNICIPAL PEACE OFFICERS. (a) The
28-2 department shall establish procedures, including training, for the
28-3 certification of municipal peace officers to enforce this article.
28-4 (b) A peace officer of a municipality having a population of
28-5 100,000 or more or in a county bordering the United Mexican States
28-6 is eligible to apply for certification under this section.
28-7 (c) The department by rule shall establish reasonable fees
28-8 sufficient to recover from a municipality the cost of certifying
28-9 its peace officers under this section.
28-10 Sec. 7. MUNICIPAL ENFORCEMENT REQUIREMENTS. (a) The
28-11 department by rule may establish uniform standards for municipal
28-12 enforcement of this article.
28-13 (b) A municipality that engages in enforcement under this
28-14 article:
28-15 (1) shall pay all costs relating to the municipality's
28-16 enforcement; and
28-17 (2) may not be considered, in the context of a federal
28-18 grant related to this article:
28-19 (A) a party to a federal grant agreement; or
28-20 (B) a grantee under a federal grant to the
28-21 department.
28-22 (c) Municipal enforcement under Section 8(b) of this article
28-23 is not considered departmental enforcement for purposes of
28-24 maintaining levels of effort required by a federal grant.
28-25 (d) In each fiscal year, a municipality may retain fines
28-26 from the enforcement of this article in an amount not to exceed 110
28-27 percent of the municipality's actual expenses for enforcement of
29-1 this article in the preceding fiscal year, as determined by the
29-2 comptroller after reviewing the most recent municipal audit
29-3 conducted under Section 103.001, Local Government Code. If there
29-4 are no actual expenses for enforcement of this article in the most
29-5 recent municipal audit, a municipality may retain fines in an
29-6 amount not to exceed 110 percent of the amount the comptroller
29-7 determines would be the municipality's actual expenses for
29-8 enforcement of this article during the year.
29-9 (e) A municipality shall send the proceeds of all fines that
29-10 exceed the limit imposed by Subsection (d) of this section to the
29-11 state treasurer for deposit in the general revenue fund.
29-12 Sec. 8. DETENTION OF VEHICLES. (a) An officer of the
29-13 department may enter or detain on a highway a motor vehicle that is
29-14 subject to this article.
29-15 (b) A peace officer who is certified under Section 6 of this
29-16 article may detain on a highway within the municipality a motor
29-17 vehicle that is subject to this article.
29-18 Sec. 9. INSPECTION OF PREMISES. (a) An officer or employee
29-19 of the department who has been certified for the purpose by the
29-20 director may enter a motor carrier's premises to:
29-21 (1) inspect real property, including a building, or
29-22 equipment; or
29-23 (2) copy or verify the correctness of documents,
29-24 including records or reports, required to be kept or made by rules
29-25 adopted under this article.
29-26 (b) The officer or employee may conduct the inspection:
29-27 (1) at a reasonable time;
30-1 (2) on stating the purpose of the inspection; and
30-2 (3) by presenting to the motor carrier:
30-3 (A) appropriate credentials; and
30-4 (B) a written statement from the department to
30-5 the motor carrier indicating the officer's or employee's authority
30-6 to inspect.
30-7 Sec. 10. CRIMINAL OFFENSE. (a) A person commits an offense
30-8 if the person:
30-9 (1) violates a rule adopted under this article; or
30-10 (2) does not permit an inspection authorized under
30-11 Section 9 of this article.
30-12 (b) An offense under this section is a Class C misdemeanor.
30-13 (c) Each day a violation continues under Subsection (a)(1)
30-14 of this section or each day a person refuses to allow an inspection
30-15 described under Subsection (a)(2) of this section constitutes a
30-16 separate offense.
30-17 Sec. 11. CIVIL PENALTY. (a) A person who does not permit
30-18 an inspection authorized by Section 9 of this article is liable to
30-19 the state for a civil penalty not to exceed $1,000.
30-20 (b) The attorney general may sue to collect the penalty in:
30-21 (1) the county in which the violation is alleged to
30-22 have occurred; or
30-23 (2) Travis County.
30-24 (c) The penalty provided by this section is in addition to
30-25 the penalty provided by Section 10 of this article.
30-26 (d) Each day a person refuses to permit an inspection
30-27 described by Subsection (a) constitutes a separate violation for
31-1 purposes of imposing a penalty.
31-2 Sec. 12. ADMINISTRATIVE PENALTY. (a) The department may
31-3 impose an administrative penalty against a person who violates:
31-4 (1) a rule adopted under this article; or
31-5 (2) a provision of the Uniform Act Regulating Traffic
31-6 on Highways (Article 6701d, Vernon's Texas Civil Statutes) that the
31-7 department by rule subjects to administrative penalties.
31-8 (b) To be designated as subject to administrative penalties
31-9 under Subsection (a)(2) of this section, a provision must relate to
31-10 the safe operation of a commercial motor vehicle.
31-11 (c) A penalty under this section may not exceed the maximum
31-12 penalty provided for violations of a similar federal safety
31-13 regulation.
31-14 (d) A penalty under this section shall be administered in
31-15 the same manner as a penalty under Section 6, Article 6675c,
31-16 Revised Statutes.
31-17 Sec. 13. SUIT FOR INJUNCTION. (a) The attorney general
31-18 shall sue to enjoin a violation or a threatened violation of a rule
31-19 adopted under this article if requested by the director.
31-20 (b) The suit must be brought in the county in which the
31-21 violation or threat is alleged to have occurred.
31-22 (c) The court may grant the director, without bond or other
31-23 undertaking:
31-24 (1) a prohibitory or mandatory injunction, including a
31-25 temporary restraining order; or
31-26 (2) after notice and hearing, a temporary or permanent
31-27 injunction.
32-1 Sec. 14. SAFETY AUDIT PROGRAM. The department shall
32-2 implement and enforce a safety audit program similar to the federal
32-3 program established under 49 CFR Part 385 for a person who owns or
32-4 operates a commercial motor vehicle not subject to safety audits by
32-5 the federal government.
32-6 Sec. 15. RULES. The department may adopt rules as necessary
32-7 to administer this article.
32-8 SECTION 4. Chapter 6, Title 25, Revised Statutes, is amended
32-9 by adding Article 911m to read as follows:
32-10 Art. 911m. MOTOR TRANSPORTATION BROKERS
32-11 Sec. 1. DEFINITION. In this article, "motor transportation
32-12 broker" means:
32-13 (1) a person who sells, offers for sale, provides, or
32-14 negotiates for the transportation of cargo by a motor carrier
32-15 operated by another person; or
32-16 (2) a person who aids and abets a person in performing
32-17 an activity described in Subdivision (1) of this section.
32-18 Sec. 2. EXCEPTION. This article does not apply to a motor
32-19 transportation broker that is registered as a motor carrier under
32-20 Article 6675c, Revised Statutes, or holding a permit issued under
32-21 Subtitle IV, Title 49, United States Code.
32-22 Sec. 3. BOND REQUIRED. (a) A person may not act as a motor
32-23 transportation broker unless the person provides a bond to the
32-24 Texas Department of Transportation as required by this section.
32-25 (b) The bond must:
32-26 (1) be in an amount of at least $10,000 executed by a
32-27 bonding company authorized to do business in this state;
33-1 (2) be payable to this state or a person to whom the
33-2 motor transportation broker provides services; and
33-3 (3) be conditioned on the performance of the contract
33-4 for transportation services between the broker and the person for
33-5 whom services are provided.
33-6 (c) The department may charge the broker a bond review fee
33-7 in an amount not to exceed the cost of reviewing the bond.
33-8 Sec. 4. CRIMINAL PENALTY. (a) A person commits an offense
33-9 if the person fails to provide a bond as required by this section.
33-10 (b) An offense under this section is a Class C misdemeanor.
33-11 Sec. 5. PAYMENT OF FEES. The department may adopt rules
33-12 regarding the method of payment of a fee under this article. The
33-13 rules may authorize the use of electronic funds transfer or a valid
33-14 credit card issued by a financial institution chartered by a state
33-15 or the federal government or by a nationally recognized credit
33-16 organization approved by the department. The rules may require the
33-17 payment of a discount or service charge for a credit card payment
33-18 in addition to the fee.
33-19 SECTION 5. Section 41.03, Alcoholic Beverage Code, is
33-20 amended to read as follows:
33-21 Sec. 41.03. Eligibility for Permit. A carrier permit may be
33-22 issued to:
33-23 (1) a water carrier;
33-24 (2) an airline;
33-25 (3) a railway; <or>
33-26 (4) a motor carrier registered under Article 6675c,
33-27 Revised Statutes; or
34-1 (5) a common carrier operating <under a certificate of
34-2 convenience and necessity issued by the Railroad Commission of
34-3 Texas or> under a certificate issued by the Interstate Commerce
34-4 Commission.
34-5 SECTION 6. Section 42.03, Alcoholic Beverage Code, is
34-6 amended to read as follows:
34-7 Sec. 42.03. Application of Motor Carrier Laws. A person
34-8 desiring to transport liquor for hire <must first secure a
34-9 certificate or permit from the Railroad Commission in accordance
34-10 with the applicable motor carrier laws, and he> shall comply with
34-11 the provisions of the motor carrier laws when engaging in the
34-12 business of transporting liquor for hire.
34-13 SECTION 7. Section 67.01, Alcoholic Beverage Code, is
34-14 amended to read as follows:
34-15 Sec. 67.01. Authorized Activities. A holder of an
34-16 importer's license may import beer into this state only from the
34-17 holder of a nonresident manufacturer's license. The beer may be
34-18 transported by a railway carrier, a motor carrier registered under
34-19 Article 6675c, Revised Statutes, or by a common motor carrier
34-20 operated under a certificate <of convenience and necessity> issued
34-21 by <the Railroad Commission of Texas or by> the Interstate Commerce
34-22 Commission. Each carrier must hold a carrier's permit issued under
34-23 Chapter 41 of this code. All provisions of Chapter 41 relating to
34-24 the transportation of liquor also apply to the transportation of
34-25 beer. A carrier may not transport beer into the state unless it is
34-26 consigned to an importer.
34-27 SECTION 8. Section 201.073, Labor Code, is amended to read
35-1 as follows:
35-2 Sec. 201.073. Delivery Service; Newspaper Delivery Service.
35-3 In this subtitle, "employment" does not include:
35-4 (1) service performed for compensation by an
35-5 individual for a private for-profit delivery service <that operates
35-6 only in a commercial zone as defined and prescribed by the Railroad
35-7 Commission of Texas under Section 1(g), Chapter 314, Acts of the
35-8 41st Legislature, Regular Session, 1929 (Article 911b, Vernon's
35-9 Texas Civil Statutes),> if the individual:
35-10 (A) may accept or reject a job from the delivery
35-11 service;
35-12 (B) is free from control by the delivery service
35-13 as to when the individual works;
35-14 (C) is compensated for each delivery or is
35-15 compensated based on factors relating to the work performed,
35-16 including receipt of a percentage of a rate schedule;
35-17 (D) controls solely the opportunity for profit
35-18 or loss;
35-19 (E) pays all expenses and operating costs,
35-20 including fuel, repairs, supplies, and motor vehicle insurance;
35-21 (F) determines the method of performing the
35-22 service, including selection of routes and order of deliveries;
35-23 (G) is responsible for completion of a specific
35-24 job and is liable for failure to complete the job;
35-25 (H) enters into a contract that specifies the
35-26 relationship of the individual to the delivery service to be that
35-27 of an independent contractor and not an employee; and
36-1 (I) provides the vehicle used to perform the
36-2 service; or
36-3 (2) service by an individual younger than 18 years of
36-4 age in the delivery or distribution of newspapers or shopping news,
36-5 except delivery or distribution to any location for subsequent
36-6 delivery or distribution.
36-7 SECTION 9. Effective September 1, 2000, Section 152.089,
36-8 Tax Code, is amended to read as follows:
36-9 Sec. 152.089. EXEMPT VEHICLES <TAXED BY OTHER LAW>. (a)
36-10 The taxes imposed by this chapter do not apply to interstate motor
36-11 vehicles, trailers, and semitrailers <on which tax is imposed by
36-12 Chapter 157 of this code, and the taxes imposed by Chapter 157 of
36-13 this code do not apply to motor vehicles on which tax is imposed by
36-14 this chapter>; provided that if a motor vehicle, trailer, or
36-15 semitrailer <on which tax is imposed by Chapter 157 of this code>
36-16 ceases to be used as an interstate motor vehicle, trailer, or
36-17 semitrailer within one year of either the date the vehicle was
36-18 purchased in Texas or the date the vehicle was first brought into
36-19 Texas, the taxes imposed by this chapter will apply at that time.
36-20 (b) If a motor vehicle is no longer leased for interstate
36-21 use, the owner shall notify the comptroller on a form provided by
36-22 the comptroller. The owner shall pay a tax at the rate prescribed
36-23 by Section 152.021(b) on the motor vehicle based on the owner's
36-24 book value of the motor vehicle.
36-25 (c) In this section, "interstate motor vehicle" means a
36-26 motor vehicle that is operated in this state and another state or
36-27 country and for which registration fees could be apportioned if the
37-1 motor vehicle were registered in a state or province of a country
37-2 that is a member of the International Registration Plan. The term
37-3 includes a bus used in transportation of chartered parties if the
37-4 bus meets all the standards required of other motor vehicles for
37-5 apportioned registration fees. The term does not include a vehicle
37-6 leased for less than 181 days or a vehicle that has Texas license
37-7 plates and does not operate under the International Registration
37-8 Plan.
37-9 SECTION 10. Subdivision (3), Section 154.001, Tax Code, is
37-10 amended to read as follows:
37-11 (3) "Common carrier" means a motor carrier registered
37-12 under Article 6675c, Revised Statutes, or a motor carrier operating
37-13 under a certificate issued by the Interstate Commerce Commission or
37-14 a successor agency to the Interstate Commerce Commission <that
37-15 transports goods owned by others for hire and is regulated by the
37-16 Railroad Commission of Texas>.
37-17 SECTION 11. Subdivision (3), Section 155.001, Tax Code, is
37-18 amended to read as follows:
37-19 (3) "Common carrier" means a motor carrier registered
37-20 under Article 6675c, Revised Statutes, or a motor carrier operating
37-21 under a certificate issued by the Interstate Commerce Commission or
37-22 a successor agency to the Interstate Commerce Commission <that
37-23 transports goods owned by others for hire and is regulated by the
37-24 Railroad Commission of Texas>.
37-25 SECTION 12. Article 883, Revised Statutes, is amended to
37-26 read as follows:
37-27 Art. 883. Liability fixed; exceptions for rates based on
38-1 value; evidence; notice of claim may be required. Railroad
38-2 companies, and other carriers of passengers, goods, wares, and
38-3 merchandise for hire, within this state, on land, or in boats or
38-4 vessels on the waters entirely within this state, shall not limit
38-5 or restrict their liability as it exists at common law, by any
38-6 general or special notice, or by inserting exceptions in the bill
38-7 of lading or memorandum given upon the receipt of the goods for
38-8 transportation or in any other manner whatsoever, unless the
38-9 limitation or restriction is in conspicuous writing in a bill of
38-10 lading, a contract for transportation, or other written arrangement
38-11 for transportation<; provided, however, that the provisions hereof
38-12 respecting liabilities of carriers as it exists at common law for
38-13 loss, damage, or injury to baggage and personal effects of
38-14 passengers transported incident to the carriage of persons, goods,
38-15 wares, and merchandise shall not apply to property received for
38-16 transportation concerning which the carriers shall have been or
38-17 shall hereafter be expressly authorized or required by order of the
38-18 Railroad Commission of Texas to establish and maintain rates
38-19 dependent upon the value declared in writing by the shipper of the
38-20 property or agreed upon in writing as the released value of the
38-21 property, in which case, such declaration or agreement shall have
38-22 no effect other than to limit liability and recovery to an amount
38-23 not exceeding the value so declared or released, and so far as
38-24 relates to values, shall be valid and is not hereby prohibited.
38-25 The Railroad Commission of Texas is hereby authorized to fix and
38-26 establish just and reasonable rates for transportation of goods,
38-27 wares, and merchandise described by commodities or articles or by
39-1 generic grouping of commodities or articles, and the baggage and
39-2 personal effects of passengers, dependent upon the value thereof
39-3 declared in writing, or agreed upon in writing by the shipper or
39-4 passenger as the agreed value, under the circumstances and
39-5 conditions surrounding such transportation>. Provided further,
39-6 that a requirement of a notice or claim consistent with the
39-7 provisions of Section 16.071, Civil Practice and Remedies Code
39-8 <Article 5546 of the Revised Civil Statutes of Texas, 1925, as
39-9 heretofore amended>, as a condition precedent to the enforcement of
39-10 any claim or loss, damage and delay or either, or any of them,
39-11 whether inserted in a bill of lading or other contract or
39-12 arrangement for carriage, or otherwise provided, shall be valid and
39-13 is not hereby prohibited.
39-14 SECTION 13. Article 883(a), Revised Statutes, is amended to
39-15 read as follows:
39-16 Art. 883(a). A <No specialized> motor carrier of household
39-17 goods, as defined by 49 U.S.C. Section 10102, may not <or other
39-18 carrier for hire, including the carriers referred to in said
39-19 Article 883, shall> be required to accept for transportation
39-20 household goods<, personal effects or used office furniture and
39-21 equipment,> unless the shipper or owner thereof or his agent shall
39-22 first declare in writing the reasonable value thereof. The carrier
39-23 shall not be liable in damages for an amount in excess of such
39-24 declared value for the loss, destruction or damage of such
39-25 property. <The Railroad Commission shall establish adequate rates
39-26 consistent with such declared values to be assessed and collected
39-27 by such carriers. If the Railroad Commission fails to establish
40-1 such rates, then in that event such carriers are authorized to
40-2 collect reasonable transportation charges consistent with the
40-3 declared value of such property.>
40-4 SECTION 14. Article 911k, Revised Statutes, is amended to
40-5 read as follows:
40-6 Art. 911k. MOTOR CARRIERS EXEMPT FROM GROSS RECEIPTS TAXES.
40-7 A motor bus carrier or <common or contract> motor carrier
40-8 transporting persons or property for hire <subject to regulation by
40-9 the railroad commission> is exempt from any occupation tax measured
40-10 by gross receipts imposed by any law of this state.
40-11 SECTION 15. Subsection (a), Section 8, Chapter 65, Acts of
40-12 the 67th Legislature, Regular Session, 1981 (Article 6519c,
40-13 Vernon's Texas Civil Statutes), is amended to read as follows:
40-14 (a) Except as provided by <Subsection (c), Section 17,
40-15 Chapter 314, Acts of the 41st Legislature, Regular Session, 1929,
40-16 as amended (Article 911b, Vernon's Texas Civil Statutes), and by>
40-17 Section 131.231, Natural Resources Code, all taxes, license fees,
40-18 permit fees, examination fees, and truck registration fees
40-19 collected or received by the Railroad Commission of Texas shall be
40-20 deposited to the credit of the General Revenue Fund.
40-21 SECTION 16. Subsection (c), Section 4, Chapter 410, Acts of
40-22 the 53rd Legislature, Regular Session, 1953 (Article 6674v,
40-23 Vernon's Texas Civil Statutes), is amended to read as follows:
40-24 (c) The word "Project" or the words "Turnpike Project" shall
40-25 mean any express highway or turnpike which the Authority may at any
40-26 time determine to construct under the provisions of this Act and
40-27 any improvement, extension, or expansion to that highway or
41-1 turnpike and includes facilities to relieve traffic congestion and
41-2 to promote safety, and all bridges, tunnels, overpasses,
41-3 underpasses, interchanges, entrance plazas, approaches, toll
41-4 houses, service stations, and administration, storage and other
41-5 buildings which the Authority may deem necessary for the operation
41-6 of the Project, together with all property rights, easements and
41-7 interests which may be acquired by the Authority for the
41-8 construction or the operation of the Project; provided, that the
41-9 location of a Project must before final designation, be approved by
41-10 the State Highway Commission. Provided, however, any "Project" or
41-11 "Turnpike Project" which the Authority may construct under the
41-12 authority of this Act shall at all times be deemed a public highway
41-13 <within the meaning of Chapter 270, page 399, Acts, Fortieth
41-14 Legislature, 1927, as amended by Chapter 78, page 196, Forty-first
41-15 Legislature, First Called Session, 1929, and Chapter 314, page 698,
41-16 Acts, Forty-first Legislature, 1929, as amended by Chapter 277,
41-17 page 480, Acts, Forty-second Legislature, 1931, as amended by
41-18 Chapter 290, page 463, Acts, Forty-seventh Legislature, 1941, and
41-19 to that end no motor bus company, common carrier motor carrier,
41-20 specialized motor carrier, contract carrier or other motor vehicle
41-21 operation for compensation and hire shall be conducted thereon
41-22 except in accordance with the terms and provisions of Chapter 270,
41-23 page 399, Acts, Fortieth Legislature, 1927, as amended by Chapter
41-24 78, page 196, Acts, Forty-first Legislature, First Called Session,
41-25 1929, and Chapter 314, page 698, Acts, Forty-first Legislature,
41-26 1929, as amended by Chapter 277, page 480, Acts, Forty-second
41-27 Legislature, 1931, as amended by Chapter 290, page 463, Acts,
42-1 Forty-seventh Legislature, 1941>.
42-2 SECTION 17. Section 2A, Chapter 18, General Laws, Acts of
42-3 the 41st Legislature, 5th Called Session, 1930 (Article 6675a-6e,
42-4 Vernon's Texas Civil Statutes), is amended to read as follows:
42-5 Sec. 2A. To expedite and facilitate, during the harvesting
42-6 season, the harvesting and marketing of farm products produced in
42-7 this State, the Department is authorized to issue to a nonresident
42-8 owner a 30-day temporary registration permit for any truck, truck
42-9 tractor, trailer or semitrailer to be used in the movement of such
42-10 farm commodities from the place of production to market, storage or
42-11 railhead, not more than seventy-five (75) miles distant from such
42-12 place of production, or to be used in the movement of machinery
42-13 used to harvest any of the commodities named in this section.
42-14 To expedite and facilitate, during the harvesting season, the
42-15 harvesting and movement of farm products produced outside of Texas
42-16 but marketed or processed in Texas or moved to points in Texas for
42-17 shipment, the Department is authorized to issue to a nonresident
42-18 owner a 30-day temporary registration permit for any truck, truck
42-19 tractor, trailer or semitrailer to be used in the movement of such
42-20 farm commodities from the point of entry into Texas to market,
42-21 storage, processing plant, railhead or seaport not more than eighty
42-22 (80) miles distant from such point of entry into Texas. All
42-23 mileages and distances referred to herein are State Highway
42-24 mileages. Before such temporary registration provided for in this
42-25 paragraph may be issued, the applicant must present satisfactory
42-26 evidence that such motor vehicle is protected by such insurance and
42-27 in such amounts as may be described in Section 5 of the Texas Motor
43-1 Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
43-2 Civil Statutes) as it is now written or as it may hereafter be
43-3 amended, and such policies must be issued by an insurance company
43-4 or surety company authorized to write Motor Vehicle Liability
43-5 Insurance in this State unless the applicant is unable to obtain
43-6 the insurance coverage from an insurance company authorized to
43-7 write the coverage in this State, in which case, the applicant,
43-8 with the Department's approval, may obtain the coverage from a
43-9 surplus lines insurer that meets the requirements of Article
43-10 1.14-2, Insurance Code, and rules adopted by the State Board of
43-11 Insurance under that article; and that such vehicle has been
43-12 inspected as required under the Uniform Act Regulating Traffic on
43-13 Highways in Texas (Article XV of Article 6701d, Vernon's Texas
43-14 Civil Statutes) as it is now written or as it may hereafter be
43-15 amended.
43-16 The Department is authorized to prescribe the form of the
43-17 application and the information to be furnished therein for such
43-18 temporary registration permits. If the application is granted, the
43-19 Department shall issue a special distinguishing insignia which must
43-20 be attached to such vehicle in lieu of the regular Texas Highway
43-21 registration plates. Such special insignia shall show its
43-22 expiration date. The temporary registration permit fee shall be
43-23 one-twelfth (1/12) of the annual Texas registration fee for the
43-24 vehicle for which the special permit is secured.
43-25 The temporary permits herein authorized shall be issued only
43-26 when the vehicle for which said permit is issued is legally
43-27 registered in the nonresident owner's home state or country for the
44-1 current registration year; and said permit will remain valid only
44-2 so long as the home state or country registration is valid; but in
44-3 any event the Texas temporary registration permit will expire 30
44-4 days from the date of issuance. Not more than three (3) such
44-5 temporary registration permits may be issued to a nonresident owner
44-6 during any one (1) vehicle registration year in the State of Texas.
44-7 A vehicle registered under the terms of this Act may not be
44-8 operated in Texas after the expiration of the temporary permit
44-9 unless the nonresident owner secures a second temporary permit as
44-10 provided above, or unless the nonresident owner registers the
44-11 vehicle under the appropriate Texas vehicular registration
44-12 statutes, applicable to residents, for the remainder of the
44-13 registration year. No such vehicle may be registered with a Texas
44-14 farm truck license.
44-15 Any person who shall transport any of the commodities
44-16 described in this Act, under a temporary permit provided for
44-17 herein, to a market, place of storage, processing plant, railhead
44-18 or seaport, which is a greater distance from the place of
44-19 production of such commodity in this State, or the point of entry
44-20 into the State of Texas than is provided for in said temporary
44-21 permit, or shall follow a route other than that prescribed by the
44-22 Highway Commission, shall be punished by a fine of not less than
44-23 Twenty-five Dollars ($25), nor more than Two Hundred Dollars
44-24 ($200).
44-25 Nothing in this Act shall be construed to authorize such
44-26 nonresident owner or operator to operate or cause to be operated
44-27 any of such vehicles in this State in violation of <Chapter 314,
45-1 Acts of the 41st Legislature, Regular Session, 1929, as amended
45-2 (Article 911b, Vernon's Texas Civil Statutes) or> any of the other
45-3 laws of this State.
45-4 SECTION 18. Subdivision (1), Section 2, Vehicle Storage
45-5 Facility Act (Article 6687-9a, Revised Statutes), is amended to
45-6 read as follows:
45-7 (1) "Commission" means the <Railroad Commission of>
45-8 Texas Department of Transportation.
45-9 SECTION 19. Subsection (c), Section 4, Vehicle Storage
45-10 Facility Act (Article 6687-9a, Revised Statutes), is amended to
45-11 read as follows:
45-12 (c) The commission may impose and collect a fee for a
45-13 license in an amount sufficient to recover the commission's costs
45-14 of administering this Act. Fees collected under this subsection
45-15 shall be deposited in <a special account in> the general revenue
45-16 fund. The department may adopt rules regarding the method of
45-17 payment of a fee under this Act. The rules may authorize the use
45-18 of electronic funds transfer or a valid credit card issued by a
45-19 financial institution chartered by a state or the federal
45-20 government or by a nationally recognized credit organization
45-21 approved by the department. The rules may require the payment of a
45-22 discount or service charge for a credit card payment in addition to
45-23 the fee <that may be appropriated only to the commission for the
45-24 administration of this Act>.
45-25 SECTION 20. Subsection (b), Section 13, Vehicle Storage
45-26 Facility Act (Article 6687-9a, Revised Statutes), is amended to
45-27 read as follows:
46-1 (b) The notice must be sent by certified mail, return
46-2 receipt requested, and must contain:
46-3 (1) the date the vehicle was accepted for storage;
46-4 (2) the first day for which a storage fee is assessed;
46-5 (3) the daily storage rate;
46-6 (4) the type and amount of all other charges to be
46-7 paid when the vehicle is claimed;
46-8 (5) the full name, street address, and telephone
46-9 number of the facility;
46-10 (6) the hours during which the owner may claim the
46-11 vehicle; and
46-12 (7) the facility license number preceded by "Texas
46-13 Department of Transportation <"Railroad Commission of Texas>
46-14 Vehicle Storage Facility License Number."
46-15 SECTION 21. Section 15, Vehicle Storage Facility Act
46-16 (Article 6687-9a, Revised Statutes), is amended to read as follows:
46-17 Sec. 15. Use of Fees. The commission shall remit all fees
46-18 collected under this article to the State Treasurer for deposit in
46-19 the State Treasury to the credit of the general revenue <a> fund
46-20 <to be used, subject to legislative appropriation, for
46-21 administering this article>.
46-22 SECTION 22. Subsection (2), Section C, Article 6701-1/2,
46-23 Revised Statutes, is amended to read as follows:
46-24 (2) The Texas <State> Department of <Highways and
46-25 Public> Transportation may issue single trip permits to owners of
46-26 manufactured homes provided that the ownership of the manufactured
46-27 home and of the towing vehicle is shown to be the same person by
47-1 the title to the home and to the towing vehicle or that a lease
47-2 <duly filed pursuant to Chapter 209, Acts of the 53rd Legislature,
47-3 Regular Session, 1953 (Article 6701c-1, Vernon's Texas Civil
47-4 Statutes),> shows the owner of the manufactured home to be the
47-5 lessee of the towing vehicle. Single trip permits may also be
47-6 issued to installers registered with the Texas Department of
47-7 Licensing and Regulation and to motor carriers registered under
47-8 Article 6675c, Revised Statutes, <Labor and Standards> for the
47-9 transportation of manufactured homes <over routes between points
47-10 when such transportation would be excluded from regulation under
47-11 Chapter 314, Acts of the 41st Legislature, Regular Session, 1929
47-12 (Article 911b, Vernon's Texas Civil Statutes)>. The owner, motor
47-13 carrier, or installer must have proof of insurance coverage in
47-14 force as required in Section H of this article.
47-15 SECTION 23. Subsection (e), Section 3, Chapter 41, General
47-16 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
47-17 (Article 6701a, Vernon's Texas Civil Statutes), is amended to read
47-18 as follows:
47-19 (e) The requirement of a bond contained in this section does
47-20 not apply to the driving or transporting of farm equipment which is
47-21 being used for agricultural purposes if it is driven or transported
47-22 by or under the authority of the owner of the equipment. The bond
47-23 requirement does apply to the delivery of farm equipment to a farm
47-24 equipment dealer. The requirement of a bond does not apply to a
47-25 vehicle or equipment operated by a motor carrier registered under
47-26 Article 6675c, Revised Statutes.
47-27 SECTION 24. Section 3, Article 6701b-1, Revised Statutes, is
48-1 amended to read as follows:
48-2 Sec. 3. Exceptions. This article does not apply to:
48-3 (1) <a commercial motor vehicle operated under the
48-4 control, supervision, or authority of a motor bus company that has
48-5 a certificate issued by the Railroad Commission of Texas under
48-6 Chapter 270, Acts of the 40th Legislature, Regular Session, 1927,
48-7 as amended (Article 911a, Vernon's Texas Civil Statutes); or>
48-8 <(2) a commercial motor vehicle, truck-tractor, or
48-9 road-tractor operated under the control, supervision, or authority
48-10 of a motor carrier that is subject to Section 18 or exempt under
48-11 Section 18a, Chapter 314, Acts of the 41st Legislature, Regular
48-12 Session, 1929, as amended (Article 911b, Vernon's Texas Civil
48-13 Statutes); or>
48-14 <(3)> a commercial motor vehicle, truck-tractor, or
48-15 road-tractor required to be registered under Section 113.131,
48-16 Chapter 113, Natural Resources Code; or
48-17 (2) <(4)> any commercial motor vehicle, truck-tractor,
48-18 or road-tractor registered under Section 6a, Chapter 88, General
48-19 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929, as
48-20 amended (Article 6675a-6a, Vernon's Texas Civil Statutes); or
48-21 (3) <(5)> a commercial motor vehicle, truck-tractor,
48-22 or road-tractor operated under the control, supervision, or
48-23 authority of a person through the execution of a bona fide lease,
48-24 memorandum, or agreement in compliance with Chapter 209, Acts of
48-25 the 53rd Legislature, Regular Session, 1953, as amended (Article
48-26 6701c-1, Vernon's Texas Civil Statutes); or
48-27 (4) <(6)> any commercial motor vehicle, truck-tractor,
49-1 or road-tractor operated in private carriage that is subject to
49-2 Title 49, Code of Federal Regulations, Part 397.21; or
49-3 (5) <(7)> a commercial motor vehicle, truck-tractor,
49-4 or road-tractor operated under the direct control, supervision, or
49-5 authority of a bona fide public utility, as recognized by the Texas
49-6 Legislature, that is otherwise visibly marked; or
49-7 (6) <(8)> any commercial motor vehicle, truck-tractor,
49-8 or road-tractor transporting timber products in their natural state
49-9 from first point of production or harvest to first point of
49-10 processing.
49-11 SECTION 25. Section 140A, Uniform Act Regulating Traffic on
49-12 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
49-13 by amending Subsection (a) and adding Subsection (g) to read as
49-14 follows:
49-15 (a) In this section:
49-16 (1) "Commercial motor vehicle" means any
49-17 self-propelled or towed vehicle, except a farm vehicle with a gross
49-18 weight, registered weight, or gross weight rating of less than
49-19 48,000 pounds, used on a public highway to transport passengers or
49-20 cargo <property> when:
49-21 (A) the vehicle or combination of vehicles has a
49-22 gross weight, registered weight, or gross weight rating in excess
49-23 of 26,000 pounds;
49-24 (B) the vehicle is designed to transport more
49-25 than 15 passengers, including the driver; or
49-26 (C) the vehicle is used in the transportation of
49-27 hazardous materials in a quantity requiring placarding under the
50-1 regulations issued under the federal Hazardous Materials
50-2 Transportation Act (49 U.S.C. app. Sections 1801-1813).
50-3 (2) "Commission" means the Public Safety Commission.
50-4 (3) "Farm vehicle" has the meaning assigned by the
50-5 Federal Motor Carrier Safety Regulations under Title 49, Code of
50-6 Federal Regulations.
50-7 (4) "Federal safety regulations" means the Federal
50-8 Motor Carrier Safety Regulations under Title 49, Code of Federal
50-9 Regulations.
50-10 (g) The commission by rule may exempt certain types of
50-11 commercial motor vehicles from the application of this section. A
50-12 vehicle may be exempted only if the vehicle:
50-13 (1) was manufactured before September 1, 1995;
50-14 (2) is operated only temporarily on a highway of this
50-15 state and at a speed of less than 30 miles per hour; and
50-16 (3) complies with the requirements of Section 140 of
50-17 this Act and any applicable provision in Title 49, Code of Federal
50-18 Regulations.
50-19 SECTION 26. Chapter 42, General Laws, Acts of the 41st
50-20 Legislature, 2nd Called Session, 1929 (Article 6701d-11, Vernon's
50-21 Texas Civil Statutes), is amended by adding Section 1B to read as
50-22 follows:
50-23 Sec. 1B. "Oil field equipment" means machinery, materials,
50-24 and equipment used in the construction, operation, and maintenance
50-25 of facilities, including pipelines, that are used for the
50-26 discovery, production, and processing of natural gas or petroleum.
50-27 SECTION 27. Subdivision (1), Subsection (c), Section 3,
51-1 Chapter 42, General Laws, Acts of the 41st Legislature, 2nd Called
51-2 Session, 1929 (Article 6701d-11, Vernon's Texas Civil Statutes), is
51-3 amended to read as follows:
51-4 (1) No motor vehicle, other than a truck-tractor,
51-5 shall exceed a length of forty-five (45) feet. Except as provided
51-6 in Subsection (c-1) of this section, it shall be lawful for any
51-7 combination of not more than three (3) vehicles to be coupled
51-8 together including, but not limited to, a truck and semi-trailer,
51-9 truck and trailer, truck-tractor and semi-trailer and trailer, or a
51-10 truck-tractor and two trailers, provided such combination of
51-11 vehicles, other than a truck-tractor combination, shall not exceed
51-12 a length of sixty-five (65) feet, unless such vehicle or
51-13 combination of vehicles is operated exclusively within the limits
51-14 of an incorporated city or town; and unless, in the case of any
51-15 combination of such vehicles, same be operated by municipal
51-16 corporations in adjoining suburbs wherein said municipal
51-17 corporation has heretofore been using such or like equipment in
51-18 connection with an established service to such suburbs of the
51-19 municipality. The length limitations in this subdivision do not
51-20 apply to a truck-tractor, truck-tractor combination, or a
51-21 truck-trailer combination exclusively transporting oil field
51-22 equipment<, as that term is defined by Subsection (i) of Section 1,
51-23 Chapter 314, Acts of the 41st Legislature, Regular Session, 1929
51-24 (Article 911b, Vernon's Texas Civil Statutes)>. Motor buses as
51-25 defined in Section 1, Chapter 88, General Laws, Acts of the 41st
51-26 Legislature, 2nd Called Session, 1929 (Article 6675a-1, Vernon's
51-27 Texas Civil Statutes), exceeding thirty-five (35) feet in length,
52-1 but not exceeding forty-five (45) feet in length, may be lawfully
52-2 operated over the highways of this state if such motor buses are
52-3 equipped with air brakes and have either three or more axles or a
52-4 minimum of four (4) tires on the rear axle. The limitations in
52-5 this subdivision shall not apply to any house trailer or to any
52-6 combination of a house trailer and a motor vehicle, but no house
52-7 trailer and motor vehicle combination shall exceed a total length
52-8 of sixty-five (65) feet. "House trailer" as used herein means a
52-9 living quarters equipped and used for sleeping and eating and which
52-10 may be moved from one location to another over a public highway by
52-11 being pulled behind a motor vehicle. No house trailer, as the same
52-12 is defined herein, shall be entitled to the exemption contained in
52-13 this Subsection unless the owner thereof shall have paid all taxes,
52-14 including ad valorem taxes, and fees due and payable under the laws
52-15 of this state, levied on said house trailer.
52-16 SECTION 28. Subsection (g), Section 5B, Chapter 42, General
52-17 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
52-18 (Article 6701d-11, Vernon's Texas Civil Statutes), is amended to
52-19 read as follows:
52-20 (g) An applicant for a permit under this section, other than
52-21 an applicant who intends to operate a vehicle that is loaded with
52-22 timber or pulp wood, wood chips, cotton, or agricultural products
52-23 in their natural state or an applicant who is a motor carrier
52-24 registered under Article 6675c, Revised Statutes, shall file with
52-25 the department an irrevocable letter of credit issued by a
52-26 financial institution whose deposits are guaranteed by the Federal
52-27 Deposit Insurance Corporation or a blanket bond in the amount of
53-1 $15,000 payable to the department and to the counties of this state
53-2 and conditioned that the applicant will pay to the department for
53-3 any damage to a state highway and will pay to a county for any
53-4 damage to a road or bridge of such county caused by the operation
53-5 of any vehicle for which a permit is issued with a gross weight or
53-6 axle weight that exceeds the weights authorized by Section 5 or
53-7 Section 5 1/2 of this Act. The bond or letter of credit shall
53-8 include an undertaking by the issuer to notify the department and
53-9 the applicant in writing promptly after any payment is made by the
53-10 issuer in respect of the bond or letter of credit. If payment is
53-11 made by the issuer in respect of the bond or letter of credit and
53-12 the applicant does not file with the department a replacement bond
53-13 or letter of credit in the full amount of $15,000, or a
53-14 notification from the issuer of the existing bond or letter of
53-15 credit that the existing bond or letter of credit has been restored
53-16 to the full $15,000, within 30 days after the date of such payment,
53-17 then all permits held by the applicant under this section shall
53-18 automatically expire.
53-19 SECTION 29. Section 33, Texas Motor Vehicle
53-20 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
53-21 Statutes), is amended to read as follows:
53-22 Sec. 33. Exceptions. This Act shall not apply with respect
53-23 to any motor vehicle owned by the United States, the State of Texas
53-24 or any political subdivision of this state, or any municipality
53-25 therein <except as provided in Section 35>, nor to the officers,
53-26 agents or employees of the United States, the State of Texas, or
53-27 any political subdivision of the state, while driving said vehicle
54-1 in the course of their employment; provided, however, that the
54-2 operator of every motor vehicle specified herein shall comply with
54-3 the provisions of Section 4 of this Act; nor, except for Sections 4
54-4 and 26 of this Act, with respect to any motor vehicle which is
54-5 subject to the requirements of Article 6675c, Revised Statutes
54-6 <Articles 911a (Sec. 11) and 911b (Sec. 13) of the Revised Civil
54-7 Statutes of Texas>; provided, however, that nothing in this Act
54-8 shall be construed so as to exclude from this Act its applicability
54-9 to taxicabs, jitneys, or other vehicles for hire, operating under
54-10 franchise or permit of any incorporated city, town or village.
54-11 SECTION 30. Subsection (c), Section 10, Article 9103,
54-12 Revised Statutes, is amended to read as follows:
54-13 (c) This article does not apply to public warehouses owned,
54-14 controlled, operated, or leased by motor carriers under Article
54-15 6675c, Revised Statutes <licensed by and within the jurisdiction of
54-16 the Railroad Commission of Texas under the provisions of Article
54-17 911b, Vernon's Texas Civil Statutes>, or their agents.
54-18 SECTION 31. (a) Effective September 1, 1995, the following
54-19 laws are repealed:
54-20 (1) Section 361.431, Health and Safety Code;
54-21 (2) Section 51.012, Election Code;
54-22 (3) Chapter 270, Acts of the 40th Legislature, Regular
54-23 Session, 1927 (Article 911a, Vernon's Texas Civil Statutes);
54-24 (4) Chapter 314, Acts of the 41st Legislature, Regular
54-25 Session, 1929 (Article 911b, Vernon's Texas Civil Statutes);
54-26 (5) Chapter 1, page 672, General Laws, Acts of the
54-27 46th Legislature, 1939 (Article 911d, Vernon's Texas Civil
55-1 Statutes);
55-2 (6) Chapter 544, Acts of the 59th Legislature, Regular
55-3 Session, 1965 (Article 911f, Vernon's Texas Civil Statutes);
55-4 (7) Article 911h, Revised Statutes;
55-5 (8) Chapter 88, Acts of the 60th Legislature, Regular
55-6 Session, 1967 (Article 911i, Vernon's Texas Civil Statutes);
55-7 (9) Chapter 114, Acts of the 43rd Legislature, 1st
55-8 Called Session, 1933 (Article 911j, Vernon's Texas Civil Statutes);
55-9 (10) Chapter 1135, Acts of the 70th Legislature,
55-10 Regular Session, 1987 (Article 6687-9b, Vernon's Texas Civil
55-11 Statutes);
55-12 (11) Chapter 209, Acts of the 53rd Legislature,
55-13 Regular Session, 1953 (Article 6701c-1, Vernon's Texas Civil
55-14 Statutes);
55-15 (12) Subsection (o), Section 2, Uniform Act Regulating
55-16 Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes);
55-17 (13) Section 139, Uniform Act Regulating Traffic on
55-18 Highways (Article 6701d, Vernon's Texas Civil Statutes); and
55-19 (14) Subsection (e), Section 5-2/3, Chapter 42,
55-20 General Laws, Acts of the 41st Legislature, 2nd Called Session,
55-21 1929 (Article 6701d-11, Vernon's Texas Civil Statutes), as added by
55-22 Chapter 689, Acts of the 68th Legislature, Regular Session, 1983.
55-23 (b) Effective September 1, 2000, Chapter 157, Tax Code, is
55-24 repealed.
55-25 SECTION 32. (a) Any appropriation made to the Railroad
55-26 Commission of Texas for the biennium ending August 31, 1997, for
55-27 the administration of a law repealed by Section 31 of this Act is
56-1 transferred to:
56-2 (1) the Texas Department of Transportation, if the
56-3 appropriation was for an activity previously administered by the
56-4 railroad commission that is now administered by the Texas
56-5 Department of Transportation under Section 1 of this Act; or
56-6 (2) the Department of Public Safety of the State of
56-7 Texas, if the appropriation was for an activity previously
56-8 administered by the railroad commission that is now administered by
56-9 the Department of Public Safety under Section 3 of this Act.
56-10 (b) A rule adopted by the Railroad Commission of Texas under
56-11 a law repealed by Section 31 of this Act before the effective date
56-12 of this Act that is not inconsistent with this Act remains in
56-13 effect as a rule of the Texas Department of Transportation or the
56-14 Department of Public Safety until superseded by a rule adopted by
56-15 the appropriate department.
56-16 (c) A registration that is valid on the effective date of
56-17 this Act remains valid until it expires or until the Texas
56-18 Department of Transportation suspends or revokes the registration.
56-19 In renewing a registration, the Texas Department of Transportation
56-20 shall, to the extent possible, assign a registration number to a
56-21 motor carrier that is identical to the prior number issued by the
56-22 Railroad Commission of Texas.
56-23 (d) A proceeding to suspend or revoke a registration issued
56-24 under a law repealed by Section 31 of this Act, or to impose a
56-25 penalty under a law repealed by Section 31 of this Act, that is
56-26 pending before the Railroad Commission of Texas on the effective
56-27 date of this Act is transferred without change in status to the
57-1 Texas Department of Transportation on the effective date of this
57-2 Act unless registration for the activity is no longer required or a
57-3 penalty may no longer be imposed. If registration is no longer
57-4 required or a penalty may no longer be imposed, the proceeding is
57-5 dismissed on the effective date of this Act.
57-6 (e) All records of the Railroad Commission of Texas
57-7 involving the registration of a motor carrier under a law repealed
57-8 by Section 31 of this Act that pertain to registration or safety
57-9 requirements as required by this Act are transferred to the Texas
57-10 Department of Transportation or the Department of Public Safety on
57-11 the effective date of this Act.
57-12 (f) A proceeding to suspend or revoke a license issued under
57-13 the Vehicle Storage Facility Act (Article 6687-9a, Revised
57-14 Statutes) or to impose a penalty under that Act that is pending
57-15 before the Railroad Commission of Texas on the effective date of
57-16 this Act is transferred without change in status to the Texas
57-17 Department of Transportation on the effective date of this Act.
57-18 All records of the Railroad Commission of Texas involving licensing
57-19 of a facility under the Vehicle Storage Facility Act are
57-20 transferred to the Texas Department of Transportation on the
57-21 effective date of this Act. A rule adopted by the Railroad
57-22 Commission of Texas under the Vehicle Storage Facility Act remains
57-23 in effect as a rule of the Texas Department of Transportation until
57-24 superseded by a rule adopted by the department.
57-25 (g) The Railroad Commission of Texas, the Texas Department
57-26 of Transportation, and the Department of Public Safety shall adopt
57-27 a memorandum of understanding regarding the transfer of
58-1 administrative duties that occurs under this Act. Notwithstanding
58-2 any other law, the memorandum may provide for the lateral transfer,
58-3 without the necessity of posting a job vacancy notice, of one or
58-4 more of the employees whose positions will be eliminated by this
58-5 Act and whose current duties and functions approximate those
58-6 required by the Texas Department of Transportation or the
58-7 Department of Public Safety to implement this Act. For any
58-8 position that is posted, the Texas Department of Transportation and
58-9 the Department of Public Safety may give preference to a person
58-10 employed in a similar position at the Railroad Commission of Texas.
58-11 (h) On the effective date of this Act, the Motor Carrier Act
58-12 enforcement fund account in the general revenue fund is abolished
58-13 and any money in the account is transferred to the undedicated
58-14 portion of the general revenue fund.
58-15 (i) Not later than January 1, 1996, the Texas Department of
58-16 Transportation shall review all rules adopted by the department to
58-17 enforce this Act.
58-18 (j) Not later than January 1, 1996, the Department of Public
58-19 Safety shall review all rules adopted by the department to enforce
58-20 this Act.
58-21 (k) After conducting a review as required by Subsection (i)
58-22 or (j) of this section, the Texas Department of Transportation and
58-23 the Department of Public Safety shall adopt new rules as
58-24 appropriate.
58-25 (l) All certificates of public convenience and necessity and
58-26 permits issued to contract carriers under Chapter 314, Acts of the
58-27 41st Legislature, Regular Session, 1929 (Article 911b, Vernon's
59-1 Texas Civil Statutes), are canceled.
59-2 SECTION 33. Not later than January 1, 1996, all state
59-3 agencies shall review existing regulations which affect motor
59-4 carriers and seek means to improve resource utilization and
59-5 enforcement as well as seek means to improve the industry's
59-6 productivity and voluntary compliance in such areas as vehicle
59-7 registration and inspection, reporting requirements, issuance of
59-8 temporary permits, and filing of credentials. Such review shall
59-9 include efforts to eliminate duplicitous regulations.
59-10 SECTION 34. This Act takes effect September 1, 1995.
59-11 SECTION 35. The importance of this legislation and the
59-12 crowded condition of the calendars in both houses create an
59-13 emergency and an imperative public necessity that the
59-14 constitutional rule requiring bills to be read on three several
59-15 days in each house be suspended, and this rule is hereby suspended.