1-1        By:  Bivins                                        S.B. No. 3
    1-2        (In the Senate - Filed February 1, 1995; February 1, 1995,
    1-3  read first time and referred to Committee on State Affairs;
    1-4  March 8, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 10, Nays 1; March 8, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 3                       By:  West
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the regulation of motor carriers; providing civil,
   1-11  administrative, and criminal penalties.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Chapter 1, Title 116, Revised Statutes, is
   1-14  amended by adding Article 6675c to read as follows:
   1-15        Art. 6675c.  MOTOR CARRIER REGISTRATION
   1-16        Sec. 1.  DEFINITIONS.  In this article:
   1-17              (1)  "Motor carrier" means an individual, association,
   1-18  corporation, or other legal entity that controls, operates, or
   1-19  directs the operation of one or more vehicles that transport
   1-20  persons or cargo over a road or highway in this state.
   1-21              (2)  "Hazardous material" has the meaning assigned by
   1-22  49 App. U.S.C. Section 1802.
   1-23              (3)  "Household goods" has the meaning assigned by 49
   1-24  U.S.C. Section 10102.
   1-25              (4)  "Insurer" means a person, including a surety,
   1-26  authorized in this state to write lines of insurance coverage
   1-27  required by this article.
   1-28              (5)  "Tow truck" means a motor vehicle, including a
   1-29  wrecker, equipped with a mechanical device used to tow, winch, or
   1-30  otherwise move another motor vehicle.
   1-31              (6)  "Vehicle requiring registration" means a vehicle
   1-32  described in Section 3(a) of this article.
   1-33        Sec. 2.  EXEMPTIONS.  This article does not apply to:
   1-34              (1)  a motor vehicle registered under the single state
   1-35  registration system established under 49 U.S.C. Section 11506(c)
   1-36  when operating exclusively in interstate or international commerce;
   1-37              (2)  a motor vehicle registered as a cotton vehicle
   1-38  under Section 5o, Chapter 88, General Laws, Acts of the 41st
   1-39  Legislature, 2nd Called Session, 1929 (Article 6675a-5o, Vernon's
   1-40  Texas Civil Statutes); or
   1-41              (3)  a motor vehicle the department by rule exempts
   1-42  because the vehicle is subject to comparable registration or a
   1-43  comparable safety program administered by another agency.
   1-44        Sec. 3.  REGISTRATION.  (a)  A motor carrier may not operate
   1-45  a commercial motor vehicle, as defined by Section 140A, Uniform Act
   1-46  Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
   1-47  Statutes), or a tow truck on a road or highway of this state unless
   1-48  the carrier registers with the department under this article.
   1-49        (b)  An applicant for registration under this section must
   1-50  submit an application to the department on a form prescribed by the
   1-51  department.  The application must include:
   1-52              (1)  the name of the owner and the principal business
   1-53  address of the motor carrier;
   1-54              (2)  the name and address of the legal agent for
   1-55  service of process of the carrier in this state, if different;
   1-56              (3)  a description of each vehicle requiring
   1-57  registration the carrier proposes to operate, including the motor
   1-58  vehicle identification number, make, and unit number;
   1-59              (4)  a statement as to whether the carrier proposes to
   1-60  transport household goods or hazardous materials;
   1-61              (5)  a declaration that the applicant has knowledge of
   1-62  all laws and rules relating to motor carrier safety, including this
   1-63  article, Article 6675d, Revised Statutes, and the Uniform Act
   1-64  Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
   1-65  Statutes); and
   1-66              (6)  any other information the department by rule
   1-67  determines is necessary for the safe operation of a carrier under
   1-68  this article.
    2-1        (c)  The application must be filed with the department along
    2-2  with:
    2-3              (1)  an application fee of $100 plus a $10 fee for each
    2-4  vehicle requiring registration the motor carrier proposes to
    2-5  operate; and
    2-6              (2)  proof of insurance or financial responsibility as
    2-7  required by Section 4(d) of this article.
    2-8        (d)  The department shall register a motor carrier under this
    2-9  section if the carrier meets the requirements of Subsections (b)
   2-10  and (c) of this section.  The department may deny a registration if
   2-11  the applicant has had a registration revoked under Section 7 of
   2-12  this article.
   2-13        (e)  The department shall issue a certificate containing a
   2-14  single registration number to a motor carrier, regardless of the
   2-15  number of vehicles requiring registration the carrier operates.
   2-16  The department shall issue a cab card as described by Section 5 of
   2-17  this article for each vehicle requiring registration the motor
   2-18  carrier operates.
   2-19        (f)  The department may conditionally accept an incomplete
   2-20  application for registration if the motor carrier meets the
   2-21  requirements of Subsection (c) of this section.  The department
   2-22  shall notify the motor carrier of the incomplete status of the
   2-23  application and the information required for completion.  If the
   2-24  motor carrier fails to provide the information within 45 days after
   2-25  the date the department provides notice of the incomplete status,
   2-26  the application is considered withdrawn and the department shall
   2-27  retain the fees required by Subsection (c)(1) of this section.
   2-28        (g)  A motor carrier required to register under this article
   2-29  shall supplement the carrier's application for registration before:
   2-30              (1)  the carrier transports hazardous materials or
   2-31  household goods if the carrier has not provided notice to the
   2-32  department in the carrier's initial or a supplemental application
   2-33  for registration;
   2-34              (2)  the carrier operates a vehicle requiring
   2-35  registration that is not listed on the carrier's initial or a
   2-36  supplemental application for registration; or
   2-37              (3)  the carrier changes the carrier's principal
   2-38  business address, legal agent, ownership, or name.
   2-39        (h)  The department shall prescribe the form of a
   2-40  supplemental application for registration made under Subsection (g)
   2-41  of this section.  A motor carrier may not operate an additional
   2-42  vehicle requiring registration unless the carrier pays a
   2-43  registration fee of $10 for each additional vehicle the motor
   2-44  carrier proposes to operate and shows the department evidence of
   2-45  insurance or financial responsibility in an amount at least equal
   2-46  to the amount set by the department under Section 4(a) of this
   2-47  article for the new vehicle.  If the vehicle is also registered
   2-48  under the single state registration plan adopted under Article
   2-49  6675c-1, Revised Statutes, the department shall collect no more
   2-50  than a total of $10 in equipment registration fees with respect to
   2-51  each vehicle registered under both this section and the single
   2-52  state registration plan adopted under Article 6675c-1, Revised
   2-53  Statutes.  A registered motor carrier may not begin transporting
   2-54  household goods or hazardous materials unless the carrier shows the
   2-55  department evidence of insurance or financial responsibility in an
   2-56  amount at least equal to the amount set by the department for a
   2-57  vehicle carrying household goods or hazardous materials under
   2-58  Section 4(a) of this article.
   2-59        (i)  A registration issued under this article is valid for
   2-60  one year.  The department may adopt a system under which
   2-61  registrations expire at different times during the year.  A motor
   2-62  carrier may renew a registration under this article by:
   2-63              (1)  supplementing the application with any new
   2-64  information required under Subsection (g) of this section;
   2-65              (2)  paying a $10 fee for each vehicle requiring
   2-66  registration the carrier operates; and
   2-67              (3)  showing the department evidence of continuing
   2-68  insurance or financial responsibility in an amount at least equal
   2-69  to the amount set by the department under Section 4(a) of this
   2-70  article.
    3-1        (j)  The department may by rule provide for the temporary
    3-2  registration of an international motor carrier that provides the
    3-3  same proof of insurance as is required for a domestic motor
    3-4  carrier.  The department may charge a fee for a temporary
    3-5  registration in an amount not to exceed the costs of administering
    3-6  this subsection.
    3-7        Sec. 4.  INSURANCE.  (a)  A motor carrier that is required to
    3-8  register under this article shall maintain liability insurance in
    3-9  an amount set by the department for each vehicle requiring
   3-10  registration the carrier operates.  The department by rule may set
   3-11  the amount of liability insurance required at an amount that does
   3-12  not exceed the amount required for a motor carrier under federal
   3-13  regulations adopted under 49 U.S.C. Section 10927(a)(1).  In
   3-14  setting the amount the department shall consider:
   3-15              (1)  the class and size of the vehicle; and
   3-16              (2)  the type of persons or cargo being transported.
   3-17        (b)  A motor carrier required to register under this article
   3-18  transporting household goods shall maintain cargo insurance in the
   3-19  same amount required for a motor carrier transporting household
   3-20  goods under federal law.
   3-21        (c)  A motor carrier may meet the insurance requirements of
   3-22  Subsections (a) and (b) of this section through self-insurance if
   3-23  the carrier demonstrates to the department that it can satisfy its
   3-24  obligations for bodily injury and property damage liability.  The
   3-25  department shall adopt rules that, in the interest of public
   3-26  safety, provide for a responsible system of self-insurance for a
   3-27  motor carrier.
   3-28        (d)  A motor carrier that is required to register under this
   3-29  article must file with the department proof of insurance in the
   3-30  amounts required by Subsections (a) and (b) of this section, or
   3-31  proof of financial responsibility as described by Subsection (c) of
   3-32  this section, in a form prescribed by the department.  The form
   3-33  must be filed:
   3-34              (1)  at the time of the initial registration;
   3-35              (2)  at the time of a subsequent registration, if the
   3-36  motor carrier was required to be continuously registered under this
   3-37  article and the carrier failed to maintain continuous registration;
   3-38              (3)  at the time a motor carrier changes insurers; and
   3-39              (4)  at the time a motor carrier changes ownership, as
   3-40  determined by rules adopted by the department.
   3-41        (e)  A motor carrier shall keep proof of insurance in a form
   3-42  approved by the department in the cab of each vehicle requiring
   3-43  registration the carrier operates.
   3-44        (f)  The department may charge a fee of $100 for a filing
   3-45  made under Subsection (d) of this section.
   3-46        (g)  An insurer may not terminate coverage provided to a
   3-47  motor carrier registered under this article unless the insurer
   3-48  provides the department with 30 days' notice.
   3-49        (h)  Notice under Subsection (g) of this section must be in a
   3-50  form approved by the department and the Texas Department of
   3-51  Insurance.  The department shall notify the Department of Public
   3-52  Safety of each notice filed under Subsection (g) of this section.
   3-53        (i)  If an insurer for a motor carrier becomes insolvent, is
   3-54  placed in receivership, or had its certificate of authority
   3-55  suspended or revoked and if the carrier no longer has insurance
   3-56  coverage as required by this section, the carrier shall file with
   3-57  the department, not later than the 10th day after the date the
   3-58  coverage lapses:
   3-59              (1)  proof of insurance as required by Subsection (d)
   3-60  of this section; and
   3-61              (2)  an affidavit that:
   3-62                    (A)  indicates that an accident from which the
   3-63  carrier may incur liability did not occur during the period when
   3-64  the coverage was not in effect; or
   3-65                    (B)  contains a plan acceptable to the department
   3-66  indicating how the carrier will satisfy claims of liability against
   3-67  the carrier for an accident that occurred during the period when
   3-68  the coverage was not in effect.
   3-69        (j)  The department may not require a motor carrier required
   3-70  to register under this article to carry workers' compensation or
    4-1  similar insurance coverage.  Notwithstanding any contrary provision
    4-2  of any law or regulation, a motor carrier required to register
    4-3  under this article may provide health and accident insurance
    4-4  coverage for its employees in lieu of workers' compensation
    4-5  insurance for any contract with state or local governmental
    4-6  entities or agencies or any political subdivisions thereof.
    4-7        Sec. 5.  CAB CARDS.  (a)  The department shall issue a cab
    4-8  card for each vehicle requiring registration operated by a motor
    4-9  carrier.  The card must contain the registration number of the
   4-10  certificate issued under Section 3(e) of this article, the vehicle
   4-11  unit number, the vehicle identification number, and a statement
   4-12  that the vehicle is registered to operate under this article.  The
   4-13  department shall issue cab cards annually at the time a motor
   4-14  carrier pays a registration fee under Section 3 of this article.
   4-15  The department may charge a fee of $1 for each cab card issued.  A
   4-16  motor carrier required to register under this article must keep the
   4-17  cab card in the cab of each vehicle requiring registration the
   4-18  carrier operates.
   4-19        (b)  The department may order a motor carrier to surrender a
   4-20  cab card if the carrier's registration is suspended or revoked
   4-21  under Section 7 of this article.
   4-22        (c)  If the department determines that the cab card system
   4-23  described in Subsection (a) of this section is no longer an
   4-24  efficient means of enforcing this article, the department may adopt
   4-25  by rule an alternative method that is accessible by law enforcement
   4-26  personnel in the field to allow for the enforcement of the annual
   4-27  registration of vehicles for compliance with this article.
   4-28        Sec. 6.  ADMINISTRATIVE PENALTY BY TEXAS DEPARTMENT OF
   4-29  TRANSPORTATION.  (a)  The department may impose an administrative
   4-30  penalty against a motor carrier required to register under this
   4-31  article who violates a provision of Section 3, 4, 5, 8, or 12 of
   4-32  this article or a rule or order adopted under those sections.  The
   4-33  department shall designate one or more employees to investigate and
   4-34  administer penalties under this section.
   4-35        (b)  The penalty for a violation may be in an amount not to
   4-36  exceed $5,000.  If it is found that the motor carrier knowingly
   4-37  committed a violation, the penalty for a violation may not exceed
   4-38  $15,000.  If it is found that the motor carrier knowingly committed
   4-39  multiple violations, the aggregate penalty for the multiple
   4-40  violations may not exceed $30,000.  Each day a violation continues
   4-41  or occurs is a separate violation for purposes of imposing a
   4-42  penalty.
   4-43        (c)  The amount of the penalty shall be based on:
   4-44              (1)  the seriousness of the violation, including the
   4-45  nature, circumstances, extent, and gravity of any prohibited acts,
   4-46  and the hazard or potential hazard created to the health, safety,
   4-47  or economic welfare of the public;
   4-48              (2)  the economic harm to property or the environment
   4-49  caused by the violation;
   4-50              (3)  the history of previous violations;
   4-51              (4)  the amount necessary to deter future violations;
   4-52              (5)  efforts to correct the violation; and
   4-53              (6)  any other matter that justice may require.
   4-54        (d)  If the department determines that a violation has
   4-55  occurred, it may issue to the director a report that states the
   4-56  facts on which the determination is based and a recommendation on
   4-57  the imposition and amount of any penalty.
   4-58        (e)  Within 14 days after the date the report is issued, the
   4-59  department shall give written notice of the report to the motor
   4-60  carrier.  The notice may be given by certified mail.  The notice
   4-61  must include a brief summary of the alleged violation and a
   4-62  statement of the amount of the recommended penalty and must inform
   4-63  the motor carrier that the carrier has a right to a hearing on the
   4-64  occurrence of the violation, the amount of the penalty, or both the
   4-65  occurrence of the violation and the amount of the penalty.
   4-66        (f)  Within 20 days after the date the motor carrier receives
   4-67  the notice, the carrier in writing may accept the determination and
   4-68  recommended penalty of the department or may make a written request
   4-69  for a hearing on the occurrence of the violation, the amount of the
   4-70  penalty, or both the occurrence of the violation and the amount of
    5-1  the penalty.  The department may, on the request of the person,
    5-2  hold an informal hearing to discuss a penalty recommended under
    5-3  this article.  The department may modify a recommendation for
    5-4  penalty at the conclusion of the informal hearing.
    5-5        (g)  If the motor carrier accepts the determination and
    5-6  recommended penalty of the department, the director by order shall
    5-7  approve the determination and impose the recommended penalty.
    5-8        (h)  If the motor carrier requests a hearing or fails to
    5-9  respond timely to the notice, the department shall set a hearing
   5-10  and give notice of the hearing to the carrier.  The hearing shall
   5-11  be held by an administrative law judge of the State Office of
   5-12  Administrative Hearings.  The administrative law judge shall make
   5-13  findings of fact and conclusions of law and promptly issue to the
   5-14  director a proposal for a decision about the occurrence of the
   5-15  violation and the amount of a proposed penalty.  Based on the
   5-16  findings of fact, conclusions of law, and proposal for a decision,
   5-17  the director by order may find that a violation has occurred and
   5-18  impose a penalty or may find that no violation occurred.  The
   5-19  director may increase or decrease the amount of the penalty
   5-20  recommended by an administrative law judge within the limits
   5-21  prescribed by Subsection (b) of this section.
   5-22        (i)  The notice of the director's order given to the motor
   5-23  carrier under Chapter 2001, Government Code (Administrative
   5-24  Procedure Act), must include a statement of the right of the
   5-25  carrier to judicial review of the order.
   5-26        (j)  Within 30 days after the date the director's order
   5-27  becomes final as provided by Section 2001.144, Government Code, the
   5-28  motor carrier shall:
   5-29              (1)  pay the amount of the penalty;
   5-30              (2)  pay the amount of the penalty and file a petition
   5-31  for judicial review contesting the occurrence of the violation, the
   5-32  amount of the penalty, or both the occurrence of the violation and
   5-33  the amount of the penalty; or
   5-34              (3)  without paying the amount of the penalty, file a
   5-35  petition for judicial review contesting the occurrence of the
   5-36  violation, the amount of the penalty, or both the occurrence of the
   5-37  violation and the amount of the penalty.
   5-38        (k)  Within the 30-day period, a motor carrier who acts under
   5-39  Subsection (j)(3) of this section may:
   5-40              (1)  stay enforcement of the penalty by:
   5-41                    (A)  paying the amount of the penalty to the
   5-42  court for placement in an escrow account; or
   5-43                    (B)  giving to the court a supersedeas bond that
   5-44  is approved by the court for the amount of the penalty and that is
   5-45  effective until all judicial review of the director's order is
   5-46  final; or
   5-47              (2)  request the court to stay enforcement of the
   5-48  penalty by:
   5-49                    (A)  filing with the court a sworn affidavit of
   5-50  the person stating that the person is financially unable to pay the
   5-51  amount of the penalty and is financially unable to give the
   5-52  supersedeas bond; and
   5-53                    (B)  giving a copy of the affidavit to the
   5-54  director by certified mail.
   5-55        (l)  If the department receives a copy of an affidavit under
   5-56  Subsection (k)(2) of this section, it may file with the court,
   5-57  within five days after the date the copy is received, a contest to
   5-58  the affidavit.  The court shall hold a hearing on the facts alleged
   5-59  in the affidavit as soon as practicable and shall stay the
   5-60  enforcement of the penalty on finding that the alleged facts are
   5-61  true.  The motor carrier who files an affidavit has the burden of
   5-62  proving that the carrier is financially unable to pay the amount of
   5-63  the penalty and to give a supersedeas bond.
   5-64        (m)  If the motor carrier does not pay the amount of the
   5-65  penalty and the enforcement of the penalty is not stayed, the
   5-66  director may refer the matter to the attorney general for
   5-67  collection of the amount of the penalty.
   5-68        (n)  Judicial review of the order of the director:
   5-69              (1)  is instituted by filing a petition as provided by
   5-70  Subchapter G, Chapter 2001, Government Code; and
    6-1              (2)  is under the substantial evidence rule.
    6-2        (o)  If the court sustains the occurrence of the violation,
    6-3  the court may uphold or reduce the amount of the penalty and order
    6-4  the motor carrier to pay the full or reduced amount of the penalty.
    6-5  If the court does not sustain the occurrence of the violation, the
    6-6  court shall order that no penalty is owed.
    6-7        (p)  When the judgment of the court becomes final, the court
    6-8  shall proceed under this subsection.  If the motor carrier paid the
    6-9  amount of the penalty and if that amount is reduced or is not
   6-10  upheld by the court, the court shall order that the appropriate
   6-11  amount plus accrued interest be remitted to the person.  The rate
   6-12  of the interest is the rate charged on loans to depository
   6-13  institutions by the New York Federal Reserve Bank, and the interest
   6-14  shall be paid for the period beginning on the date the penalty was
   6-15  paid and ending on the date the penalty is remitted.  If the motor
   6-16  carrier gave a supersedeas bond and if the amount of the penalty is
   6-17  not upheld by the court, the court shall order the release of the
   6-18  bond.  If the motor carrier gave a supersedeas bond and if the
   6-19  amount of the penalty is reduced, the court shall order the release
   6-20  of the bond after the carrier pays the amount.
   6-21        (q)  All proceedings under this section are subject to
   6-22  Chapter 2001, Government Code.
   6-23        Sec. 7.  SUSPENSION AND REVOCATION OF REGISTRATION.  (a)  The
   6-24  department may suspend or revoke a registration issued under this
   6-25  article if:
   6-26              (1)  a motor carrier fails to maintain insurance as
   6-27  required by Section 4(a) or (b) of this article;
   6-28              (2)  a motor carrier fails to keep proof of insurance
   6-29  in the cab of each vehicle as required by Section 4(e) of this
   6-30  article;
   6-31              (3)  a motor carrier fails to register a vehicle
   6-32  requiring registration; or
   6-33              (4)  a motor carrier knowingly provides false
   6-34  information on any form filed with the department under this
   6-35  section.
   6-36        (b)  The Department of Public Safety may suspend or revoke a
   6-37  registration issued under this article if a motor carrier:
   6-38              (1)  has an unsatisfactory safety rating under 49
   6-39  C.F.R. Part 385; or
   6-40              (2)  has multiple violations of a provision of Article
   6-41  6675d, Revised Statutes, a rule adopted under that article, or the
   6-42  Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
   6-43  Texas Civil Statutes).
   6-44        (c)  Except as provided by Subsection (d) of this section, a
   6-45  suspension or revocation made under Subsection (a) or (b) of this
   6-46  section is a contested case under Chapter 2001, Government Code.
   6-47        (d)  The department or the Department of Public Safety may
   6-48  suspend or revoke a registration issued under this article without
   6-49  a hearing under Chapter 2001, Government Code, if:
   6-50              (1)  the department or Department of Public Safety
   6-51  provides notice to the motor carrier of:
   6-52                    (A)  the proposed suspension or revocation; and
   6-53                    (B)  the right of the carrier to request a
   6-54  hearing under Chapter 2001, Government Code; and
   6-55              (2)  the motor carrier fails to provide the department
   6-56  or the Department of Public Safety with a written request for a
   6-57  hearing within 10 days after the date the carrier receives the
   6-58  notice described in Subdivision (1) of this subsection.
   6-59        Sec. 8.  ECONOMIC REGULATION.  (a)  Except as provided by
   6-60  this section, the department may not regulate the prices, routes,
   6-61  or services provided by a motor carrier.
   6-62        (b)  The department may establish voluntary standards for
   6-63  uniform cargo liability, uniform bills of lading or receipts for
   6-64  cargo being transported, and uniform cargo credit.  A standard
   6-65  adopted under this section must be consistent with Subtitle IV,
   6-66  Title 49, United States Code, or a regulation adopted under that
   6-67  law.
   6-68        (c)  The department shall adopt rules to protect consumers
   6-69  who use the services of a motor carrier who is required to register
   6-70  under Section 3 of this article and who is transporting household
    7-1  goods that are at least as stringent as the corresponding
    7-2  provisions of 49 C.F.R. Part 1056.  The department may adopt rules
    7-3  under this subsection that are more stringent than the
    7-4  corresponding federal provisions.  A motor carrier transporting
    7-5  household goods shall list a place of business with a street
    7-6  address in this state and the carrier's registration number issued
    7-7  under this article in any print advertising published in this
    7-8  state.  The department may adopt all such rules as are necessary to
    7-9  ensure that customers of household goods movers are protected from
   7-10  deceptive or unfair practices and unreasonably hazardous activities
   7-11  on the part of the movers.  Such rules may include but are not
   7-12  limited to measures to:
   7-13              (1)  establish a formal process for resolving disputes
   7-14  over fees and damages;
   7-15              (2)  require a carrier to indicate clearly to consumers
   7-16  whether estimates are binding or nonbinding and disclose the
   7-17  maximum price a consumer could be required to pay; and
   7-18              (3)  create a centralized process for making complaints
   7-19  about a carrier which also allows consumers to inquire about a
   7-20  carrier's complaint record.
   7-21        (d)  A motor carrier who is required to register under
   7-22  Section 3 of this article and who is transporting household goods
   7-23  shall file a tariff with the department which establishes maximum
   7-24  charges for transportation services where in the course of such
   7-25  transportation a highway between two or more incorporated cities,
   7-26  towns, or villages is traversed.  This requirement may be satisfied
   7-27  by filing a copy of the carrier's tariff governing interstate
   7-28  transportation services where in the course of such transportation
   7-29  a highway between two or more incorporated cities, towns, or
   7-30  villages is traversed.  Tariffs filed pursuant to this section
   7-31  shall be made available for public inspection at the department.
   7-32  In no event shall the department adopt rules regulating the rates,
   7-33  except as provided herein, or routes of household goods carriers.
   7-34        (e)  A rule adopted under Subsection (c) of this section
   7-35  authorizing a motor carrier transporting household goods to offer
   7-36  insurance for the full value of a customer's property does not
   7-37  constitute the unauthorized practice of the insurance business
   7-38  under Article 1.14-1, Insurance Code.
   7-39        (f)  All collective associations of motor carriers
   7-40  transporting household goods, or agents thereof, which have
   7-41  received approval for collective ratemaking agreements under
   7-42  Section 9(d) of this article shall provide a method of mediation
   7-43  for consumers to receive resolution through mediation of disputes
   7-44  over fees, damages, and services.  All costs associated with such
   7-45  mediation shall be borne by the motor carriers, the agents thereof,
   7-46  or the association.  All carriers and agents who are parties to
   7-47  collective agreements approved under Section 9(d) of this article
   7-48  must participate in consumer complaint resolution, including
   7-49  participation in the mediation process and advertisement of the
   7-50  availability of mediation in all contracts or estimate proposals.
   7-51  Any complaint mediation that is not resolved to the mutual
   7-52  agreement of all parties shall be reported to the department.
   7-53  Consumers shall be advised of their rights to seek resolution
   7-54  directly from the department.  The department shall adopt rules
   7-55  that ensure such notification is available to consumers in a form
   7-56  and manner consistent with its duties under Subsection (c) of this
   7-57  section.
   7-58        Sec. 9.  ANTITRUST EXEMPTION.  (a)  Chapter 15, Business &
   7-59  Commerce Code, does not apply to a discussion or agreement between
   7-60  a motor carrier who is required to register under Section 3 of this
   7-61  article and who transports household goods and an agent of the
   7-62  carrier involving:
   7-63              (1)  the following matters if they occur under the
   7-64  authority of the principal carrier:
   7-65                    (A)  rates for the transportation of household
   7-66  goods;
   7-67                    (B)  access, terminal, storage, or other charges
   7-68  incidental to the transportation of household goods; or
   7-69                    (C)  allowances relating to the transportation of
   7-70  household goods; or
    8-1              (2)  ownership of the carrier by the agent or
    8-2  membership on the board of directors of the carrier by the agent.
    8-3        (b)  An agent under Subsection (a) of this section may itself
    8-4  be a motor carrier required to register under Section 3 of this
    8-5  article.
    8-6        (c)  The department may by rule exempt a motor carrier
    8-7  required to register under Section 3 of this article from Chapter
    8-8  15, Business & Commerce Code, for an activity relating to the
    8-9  establishment of joint line rates, routes, classifications, or
   8-10  mileage guides.
   8-11        (d)  Motor carriers who are required to register under
   8-12  Section 3 of this article and who transport household goods, and
   8-13  agents thereof, or both, may enter into collective ratemaking
   8-14  agreements between one or more such carriers or agents concerning
   8-15  the establishment and filing of maximum rates, classifications,
   8-16  rules, or procedures.  Such agreements shall be submitted to the
   8-17  department for approval by any such carrier or agent, or by any
   8-18  collective association of carriers or agents, and shall be approved
   8-19  by the department if the agreement provides that all meetings shall
   8-20  be open to the public and that notice of meetings shall be given to
   8-21  customers who are multiple users of household goods movers
   8-22  services.  The department may withhold approval of the agreement if
   8-23  it finds and concludes, after notice and hearing, that the
   8-24  agreement fails to comply with these provisions.  Unless
   8-25  disapproved by the department, the provisions of such agreement may
   8-26  be observed and Chapter 15, Business & Commerce Code, shall not
   8-27  apply to any motor carrier required to be registered under Section
   8-28  3 of this article and who transports household goods with respect
   8-29  to activities performed under such agreement.  An association of
   8-30  household goods motor carriers, or agents thereof, or both, may be
   8-31  designated by any motor carrier who is required to be registered
   8-32  under Section 3 of this article and who transports household goods
   8-33  as its collective maximum ratemaking association for the purpose of
   8-34  the required filing of a tariff for maximum rates required by
   8-35  Section 8 of this article.
   8-36        Sec. 10.  CRIMINAL PENALTY.  (a)  A person commits an offense
   8-37  if the person fails to:
   8-38              (1)  register as required by Section 3 of this article;
   8-39              (2)  maintain insurance as required by Section 4 of
   8-40  this article; or
   8-41              (3)  keep a cab card in the cab of a vehicle as
   8-42  required by Section 5(a) of this article.
   8-43        (b)  An offense under this section is a Class C misdemeanor.
   8-44        Sec. 11.  TOW TRUCK REGULATION BY MUNICIPALITY.  (a)  In
   8-45  addition to the registration requirements of this article, a
   8-46  municipality may regulate the operation of a tow truck to the
   8-47  extent allowed by federal law.
   8-48        (b)  A municipality may not require the registration of a tow
   8-49  truck that performs consent tows unless the owner of the tow truck
   8-50  has a place of business in the territory of the municipality.
   8-51        (c)  A municipality may require the registration of a tow
   8-52  truck that performs a non-consent tow, regardless of whether the
   8-53  owner of the tow truck has a place of business in the territory of
   8-54  the municipality.
   8-55        (d)  A municipality may not require a person who has a
   8-56  driver's license or commercial driver's license to obtain a license
   8-57  or permit for operating a tow truck unless the person performs
   8-58  non-consent tows in the territory of the municipality.  The fee
   8-59  charged for a license may not exceed $15.
   8-60        (e)  In this section:
   8-61              (1)  "Commercial driver's license" has the meaning
   8-62  assigned by Section 3, Texas Commercial Driver's License Act
   8-63  (Article 6687b-2, Revised Statutes).
   8-64              (2)  "Consent tow" means the towing of a vehicle with
   8-65  the consent of the owner or operator of the vehicle.
   8-66              (3)  "Driver's license" has the meaning assigned by
   8-67  Section 1, Chapter 173, Acts of the 47th Legislature, Regular
   8-68  Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes).
   8-69              (4)  "Non-consent tow" means the towing of a vehicle
   8-70  without the consent of the owner or operator of the vehicle.
    9-1        Sec. 12.  RULES.  The department may adopt rules as necessary
    9-2  to administer this article.
    9-3        Sec. 13.  INSPECTION OF DOCUMENTS.  (a)  To investigate an
    9-4  alleged violation of Section 3 or 4 of this article, an officer or
    9-5  employee of the department who has been certified for the purpose
    9-6  by the director may enter a motor carrier's premises to copy or
    9-7  verify the correctness of documents, including operation logs and
    9-8  insurance certificates.
    9-9        (b)  The officer or employee may conduct the inspection:
   9-10              (1)  at a reasonable time;
   9-11              (2)  on stating the purpose of the inspection; and
   9-12              (3)  by presenting to the motor carrier:
   9-13                    (A)  appropriate credentials; and
   9-14                    (B)  a written statement from the department to
   9-15  the motor carrier indicating the officer's or employee's authority
   9-16  to inspect.
   9-17        Sec. 14.  RULES ADVISORY COMMITTEE.  (a)  The department
   9-18  shall appoint a rules advisory committee to advise the department
   9-19  on adoption of rules regarding:
   9-20              (1)  the application of this article to tow trucks; and
   9-21              (2)  the administration by the department of the
   9-22  Vehicle Storage Facility Act (Article 6687-9a, Revised Statutes).
   9-23        (b)  The department shall determine the size of the
   9-24  committee, but the committee must include one member who represents
   9-25  each of the following:
   9-26              (1)  tow truck operators;
   9-27              (2)  vehicle storage facility operators;
   9-28              (3)  owners of property having parking facilities;
   9-29              (4)  law enforcement agencies or municipalities;
   9-30              (5)  insurance companies; and
   9-31              (6)  the general public.
   9-32        (c)  Members of the committee serve at the pleasure of the
   9-33  department.  A member of the committee is not entitled to
   9-34  compensation or reimbursement of expenses for serving as a member.
   9-35        (d)  The department may adopt rules to govern the operations
   9-36  of the advisory committee.
   9-37        SECTION 2.  Chapter 1, Title 116, Revised Statutes, is
   9-38  amended by adding Article 6675c-1 to read as follows:
   9-39        Art. 6675c-1.  SINGLE STATE REGISTRATION.  (a)  The
   9-40  department shall, to the fullest extent practicable, participate in
   9-41  the single state registration system established under 49 U.S.C.
   9-42  Section 11506.
   9-43        (b)  The department may charge a motor carrier holding a
   9-44  permit issued under Subtitle IV, Title 49, United States Code, a
   9-45  fee for filing proof of insurance consistent with 49 U.S.C. Section
   9-46  11506 not to exceed the maximum fee established under federal law.
   9-47        SECTION 3.  Chapter 1, Title 116, Revised Statutes, is
   9-48  amended by adding Article 6675d to read as follows:
   9-49        Art. 6675d.  COMMERCIAL MOTOR VEHICLE SAFETY STANDARDS
   9-50        Sec. 1.  DEFINITIONS.  In this article:
   9-51              (1)  "Commercial motor vehicle" has the meaning
   9-52  assigned by Section 140A, Uniform Act Regulating Traffic on
   9-53  Highways (Article 6701d, Vernon's Texas Civil Statutes).
   9-54              (2)  "Department" means the Department of Public Safety
   9-55  of the State of Texas.
   9-56              (3)  "Director" means the public safety director.
   9-57              (4)  "Federal hazardous material regulation" means a
   9-58  federal regulation in 49 C.F.R. Parts 101-199.
   9-59              (5)  "Federal motor carrier safety regulation" means a
   9-60  federal regulation in 49 C.F.R. Part 382, 385, or 386 or Parts
   9-61  388-399.
   9-62              (6)  "Federal safety regulation" means a federal
   9-63  hazardous material regulation or a federal motor carrier safety
   9-64  regulation.
   9-65        Sec. 2.  CONFLICTS OF LAW.  (a)  A federal motor carrier
   9-66  safety regulation prevails over a conflicting provision of this
   9-67  article or a rule adopted by the director under this article.
   9-68        (b)  A safety rule adopted under this article prevails over a
   9-69  conflicting rule adopted by a local government, authority, or state
   9-70  agency or officer, other than a conflicting rule adopted by the
   10-1  Railroad Commission of Texas under Chapter 113, Natural Resources
   10-2  Code.
   10-3        Sec. 3.  AUTHORITY TO ADOPT RULES.  (a)  The director shall,
   10-4  after notice and a public hearing, adopt rules regulating:
   10-5              (1)  the safe transportation of hazardous materials;
   10-6  and
   10-7              (2)  the safe operation of commercial motor vehicles.
   10-8        (b)  A rule adopted under this article must be consistent
   10-9  with federal regulations, including federal safety regulations.
  10-10        (c)  The director may adopt all or part of the federal safety
  10-11  regulations by reference.
  10-12        (d)  Rules adopted under this article must ensure that:
  10-13              (1)  a commercial motor vehicle is safely maintained,
  10-14  equipped, loaded, and operated;
  10-15              (2)  the responsibilities imposed on a commercial motor
  10-16  vehicle's operator do not impair the operator's ability to operate
  10-17  safely the vehicle; and
  10-18              (3)  the physical condition of a commercial motor
  10-19  vehicle's operator enables the operator to operate the vehicle
  10-20  safely.
  10-21        (e)  A motor carrier safety rule adopted by a local
  10-22  government, authority, or state agency or officer must be
  10-23  consistent with corresponding federal regulations.
  10-24        Sec. 4.  APPLICABILITY OF RULES.  (a)  Notwithstanding an
  10-25  exemption provided in the federal safety regulations, other than an
  10-26  exemption relating to intracity or commercial zone operations
  10-27  provided in 49 C.F.R. Part 395, a rule adopted by the director
  10-28  under this article is uniformly applicable throughout this state.
  10-29        (b)  A rule adopted under this article applies to a vehicle
  10-30  that requires hazardous material placarding.
  10-31        (c)  A rule adopted under this article may not apply to a
  10-32  vehicle that is operated intrastate and that is:
  10-33              (1)  a machine generally consisting of a mast, engine,
  10-34  draw works, and chassis permanently constructed or assembled to be
  10-35  used and used in oil or water well servicing or drilling;
  10-36              (2)  a mobile crane that is an unladen, self-propelled
  10-37  vehicle constructed as a machine to raise, shift, or lower weight;
  10-38  or
  10-39              (3)  a vehicle transporting a seed cotton module.
  10-40        Sec. 5.  LIMITATIONS OF RULES.  (a)  A rule adopted under
  10-41  this article may not:
  10-42              (1)  prevent an intrastate operator from operating a
  10-43  vehicle up to 12 hours following eight consecutive hours off;
  10-44              (2)  require a person to meet the medical standards
  10-45  provided in the federal motor carrier safety regulations if the
  10-46  person:
  10-47                    (A)  was regularly employed in this state as a
  10-48  commercial motor vehicle operator in intrastate commerce before
  10-49  August 28, 1989; and
  10-50                    (B)  is not transporting property that requires a
  10-51  hazardous material placard; or
  10-52              (3)  require a person to maintain a government form,
  10-53  separate company form, operator's record of duty status, or
  10-54  operator's daily log for operations within a 150-mile radius of the
  10-55  normal work-reporting location if a general record of an operator's
  10-56  hours of service can be compiled from:
  10-57                    (A)  business records maintained by the owner
  10-58  that provide the date, time, and location of the delivery of a
  10-59  product or service; or
  10-60                    (B)  documents required to be maintained by law,
  10-61  including delivery tickets or sales invoices, that provide the date
  10-62  of delivery and the quantity of merchandise delivered.
  10-63        (b)  For purposes of Subsection (a)(3)(A) of this section, an
  10-64  owner's business records generally include:
  10-65              (1)  the time an operator reports for duty each day;
  10-66              (2)  the number of hours an operator is on duty each
  10-67  day;
  10-68              (3)  the time an operator is released from duty each
  10-69  day; and
  10-70              (4)  an operator's signed statement in compliance with
   11-1  49 C.F.R. Part 395.8(j)(2).
   11-2        Sec. 6.  CERTIFICATION OF MUNICIPAL PEACE OFFICERS.  (a)  The
   11-3  department shall establish procedures, including training, for the
   11-4  certification of municipal peace officers to enforce this article.
   11-5        (b)  A peace officer of a municipality having a population of
   11-6  100,000 or more or in a county bordering the United Mexican States
   11-7  is eligible to apply for certification under this section.
   11-8        (c)  The department by rule shall establish reasonable fees
   11-9  sufficient to recover from a municipality the cost of certifying
  11-10  its peace officers under this section.
  11-11        Sec. 7.  MUNICIPAL ENFORCEMENT REQUIREMENTS.  (a)  The
  11-12  department by rule may establish uniform standards for municipal
  11-13  enforcement of this article.
  11-14        (b)  A municipality that engages in enforcement under this
  11-15  article:
  11-16              (1)  shall pay all costs relating to the municipality's
  11-17  enforcement; and
  11-18              (2)  may not be considered, in the context of a federal
  11-19  grant related to this article:
  11-20                    (A)  a party to a federal grant agreement; or
  11-21                    (B)  a grantee under a federal grant to the
  11-22  department.
  11-23        (c)  Municipal enforcement under Section 8(b) of this article
  11-24  is not considered departmental enforcement for purposes of
  11-25  maintaining levels of effort required by a federal grant.
  11-26        (d)  In each fiscal year, a municipality may retain fines
  11-27  from the enforcement of this article in an amount not to exceed 110
  11-28  percent of the municipality's actual expenses for enforcement of
  11-29  this article in the preceding fiscal year, as determined by the
  11-30  comptroller after reviewing the most recent municipal audit
  11-31  conducted under Section 103.001, Local Government Code.  If there
  11-32  are no actual expenses for enforcement of this article in the most
  11-33  recent municipal audit, a municipality may retain fines in an
  11-34  amount not to exceed 110 percent of the amount the comptroller
  11-35  determines would be the municipality's actual expenses for
  11-36  enforcement of this article during the year.
  11-37        (e)  A municipality shall send the proceeds of all fines that
  11-38  exceed the limit imposed by Subsection (d) of this section to the
  11-39  state treasurer for deposit in the general revenue fund.
  11-40        Sec. 8.  DETENTION OF VEHICLES.  (a)  An officer of the
  11-41  department may enter or detain on a highway a motor vehicle that is
  11-42  subject to this article.
  11-43        (b)  A peace officer who is certified under Section 6 of this
  11-44  article may detain on a highway within the municipality a motor
  11-45  vehicle that is subject to this article.
  11-46        Sec. 9.  INSPECTION OF PREMISES.  (a)  An officer or employee
  11-47  of the department who has been certified for the purpose by the
  11-48  director may enter a motor carrier's premises to:
  11-49              (1)  inspect real property, including a building, or
  11-50  equipment; or
  11-51              (2)  copy or verify the correctness of documents,
  11-52  including records or reports, required to be kept or made by rules
  11-53  adopted under this article.
  11-54        (b)  The officer or employee may conduct the inspection:
  11-55              (1)  at a reasonable time;
  11-56              (2)  on stating the purpose of the inspection; and
  11-57              (3)  by presenting to the motor carrier:
  11-58                    (A)  appropriate credentials; and
  11-59                    (B)  a written statement from the department to
  11-60  the motor carrier indicating the officer's or employee's authority
  11-61  to inspect.
  11-62        Sec. 10.  CRIMINAL OFFENSE.  (a)  A person commits an offense
  11-63  if the person:
  11-64              (1)  violates a rule adopted under this article; or
  11-65              (2)  does not permit an inspection authorized under
  11-66  Section 9 of this article.
  11-67        (b)  An offense under this section is a Class C misdemeanor.
  11-68        (c)  Each day a violation continues under Subsection (a)(1)
  11-69  of this section or each day a person refuses to allow an inspection
  11-70  described under Subsection (a)(2) of this section constitutes a
   12-1  separate offense.
   12-2        Sec. 11.  CIVIL PENALTY.  (a)  A person who does not permit
   12-3  an inspection authorized by Section 9 of this article is liable to
   12-4  the state for a civil penalty not to exceed $1,000.
   12-5        (b)  The attorney general may sue to collect the penalty in:
   12-6              (1)  the county in which the violation is alleged to
   12-7  have occurred; or
   12-8              (2)  Travis County.
   12-9        (c)  The penalty provided by this section is in addition to
  12-10  the penalty provided by Section 10 of this article.
  12-11        (d)  Each day a person refuses to permit an inspection
  12-12  described by Subsection (a) constitutes a separate violation for
  12-13  purposes of imposing a penalty.
  12-14        Sec. 12.  ADMINISTRATIVE PENALTY.  (a)  The department may
  12-15  impose an administrative penalty against a person who violates:
  12-16              (1)  a rule adopted under this article; or
  12-17              (2)  a provision of the Uniform Act Regulating Traffic
  12-18  on Highways (Article 6701d, Vernon's Texas Civil Statutes) that the
  12-19  department by rule subjects to administrative penalties.
  12-20        (b)  To be designated as subject to administrative penalties
  12-21  under Subsection (a)(2) of this section, a provision must relate to
  12-22  the safe operation of a commercial motor vehicle.
  12-23        (c)  A penalty under this section may not exceed the maximum
  12-24  penalty provided for violations of a similar federal safety
  12-25  regulation.
  12-26        (d)  A penalty under this section shall be administered in
  12-27  the same manner as a penalty under Section 6, Article 6675c,
  12-28  Revised Statutes.
  12-29        Sec. 13.  SUIT FOR INJUNCTION.  (a)  The attorney general
  12-30  shall sue to enjoin a violation or a threatened violation of a rule
  12-31  adopted under this article if requested by the director.
  12-32        (b)  The suit must be brought in the county in which the
  12-33  violation or threat is alleged to have occurred.
  12-34        (c)  The court may grant the director, without bond or other
  12-35  undertaking:
  12-36              (1)  a prohibitory or mandatory injunction, including a
  12-37  temporary restraining order; or
  12-38              (2)  after notice and hearing, a temporary or permanent
  12-39  injunction.
  12-40        Sec. 14.  SAFETY AUDIT PROGRAM.  The department shall
  12-41  implement and enforce a safety audit program similar to the federal
  12-42  program established under 49 C.F.R. Part 385 for a person who owns
  12-43  or operates a commercial motor vehicle not subject to safety audits
  12-44  by the federal government.
  12-45        Sec. 15.  RULES.  The department may adopt rules as necessary
  12-46  to administer this article.
  12-47        SECTION 4.  Chapter 6, Title 25, Revised Statutes, is amended
  12-48  by adding Article 911m to read as follows:
  12-49        Art. 911m.  MOTOR TRANSPORTATION BROKERS
  12-50        Sec. 1.  DEFINITION.  In this article, "motor transportation
  12-51  broker" means:
  12-52              (1)  a person who sells, offers for sale, provides, or
  12-53  negotiates for the transportation of cargo by a motor carrier
  12-54  operated by another person; or
  12-55              (2)  a person who aids and abets a person in performing
  12-56  an activity described in Subdivision (1) of this section.
  12-57        Sec. 2.  EXCEPTION.  This article does not apply to a motor
  12-58  transportation broker that is registered as a motor carrier under
  12-59  Article 6675c, Revised Statutes, or holding a permit issued under
  12-60  Subtitle IV, Title 49, United States Code.
  12-61        Sec. 3.  BOND REQUIRED.  (a)  A person may not act as a motor
  12-62  transportation broker unless the person provides a bond to the
  12-63  Texas Department of Transportation as required by this section.
  12-64        (b)  The bond must:
  12-65              (1)  be in an amount of at least $10,000 executed by a
  12-66  bonding company authorized to do business in this state;
  12-67              (2)  be payable to this state or a person to whom the
  12-68  motor transportation broker provides services; and
  12-69              (3)  be conditioned on the performance of the contract
  12-70  for transportation services between the broker and the person for
   13-1  whom services are provided.
   13-2        (c)  The department may charge the broker a bond review fee
   13-3  in an amount not to exceed the cost of reviewing the bond.
   13-4        Sec. 4.  CRIMINAL PENALTY.  (a)  A person commits an offense
   13-5  if the person fails to provide a bond as required by this section.
   13-6        (b)  An offense under this section is a Class C misdemeanor.
   13-7        SECTION 5.  Section 41.03, Alcoholic Beverage Code, is
   13-8  amended to read as follows:
   13-9        Sec. 41.03.  Eligibility for Permit.  A carrier permit may be
  13-10  issued to:
  13-11              (1)  a water carrier;
  13-12              (2)  an airline;
  13-13              (3)  a railway; <or>
  13-14              (4)  a motor carrier registered under Article 6675c,
  13-15  Revised Statutes; or
  13-16              (5)  a common carrier operating <under a certificate of
  13-17  convenience and necessity issued by the Railroad Commission of
  13-18  Texas or> under a certificate issued by the Interstate Commerce
  13-19  Commission.
  13-20        SECTION 6.  Section 42.03, Alcoholic Beverage Code, is
  13-21  amended to read as follows:
  13-22        Sec. 42.03.  Application of Motor Carrier Laws.  A person
  13-23  desiring to transport liquor for hire <must first secure a
  13-24  certificate or permit from the Railroad Commission in accordance
  13-25  with the applicable motor carrier laws, and he> shall comply with
  13-26  the provisions of the motor carrier laws when engaging in the
  13-27  business of transporting liquor for hire.
  13-28        SECTION 7.  Section 67.01, Alcoholic Beverage Code, is
  13-29  amended to read as follows:
  13-30        Sec. 67.01.  Authorized Activities.  A holder of an
  13-31  importer's license may import beer into this state only from the
  13-32  holder of a nonresident manufacturer's license.  The beer may be
  13-33  transported by a railway carrier, a motor carrier registered under
  13-34  Article 6675c, Revised Statutes, or by a common motor carrier
  13-35  operated under a certificate <of convenience and necessity> issued
  13-36  by <the Railroad Commission of Texas or by> the Interstate Commerce
  13-37  Commission.  Each carrier must hold a carrier's permit issued under
  13-38  Chapter 41 of this code.  All provisions of Chapter 41 relating to
  13-39  the transportation of liquor also apply to the transportation of
  13-40  beer.  A carrier may not transport beer into the state unless it is
  13-41  consigned to an importer.
  13-42        SECTION 8.  Section 201.073, Labor Code, is amended to read
  13-43  as follows:
  13-44        Sec. 201.073.  Delivery Service; Newspaper Delivery Service.
  13-45  In this subtitle, "employment" does not include:
  13-46              (1)  service performed for compensation by an
  13-47  individual for a private for-profit delivery service <that operates
  13-48  only in a commercial zone as defined and prescribed by the Railroad
  13-49  Commission of Texas under Section 1(g), Chapter 314, Acts of the
  13-50  41st Legislature, Regular Session, 1929 (Article 911b, Vernon's
  13-51  Texas Civil Statutes),> if the individual:
  13-52                    (A)  may accept or reject a job from the delivery
  13-53  service;
  13-54                    (B)  is free from control by the delivery service
  13-55  as to when the individual works;
  13-56                    (C)  is compensated for each delivery or is
  13-57  compensated based on factors relating to the work performed,
  13-58  including receipt of a percentage of a rate schedule;
  13-59                    (D)  controls solely the opportunity for profit
  13-60  or loss;
  13-61                    (E)  pays all expenses and operating costs,
  13-62  including fuel, repairs, supplies, and motor vehicle insurance;
  13-63                    (F)  determines the method of performing the
  13-64  service, including selection of routes and order of deliveries;
  13-65                    (G)  is responsible for completion of a specific
  13-66  job and is liable for failure to complete the job;
  13-67                    (H)  enters into a contract that specifies the
  13-68  relationship of the individual to the delivery service to be that
  13-69  of an independent contractor and not an employee; and
  13-70                    (I)  provides the vehicle used to perform the
   14-1  service; or
   14-2              (2)  service by an individual younger than 18 years of
   14-3  age in the delivery or distribution of newspapers or shopping news,
   14-4  except delivery or distribution to any location for subsequent
   14-5  delivery or distribution.
   14-6        SECTION 9.  Subdivision (3), Section 154.001, Tax Code, is
   14-7  amended to read as follows:
   14-8              (3)  "Common carrier" means a motor carrier registered
   14-9  under Article 6675c, Revised Statutes, or a motor carrier operating
  14-10  under a certificate issued by the Interstate Commerce Commission
  14-11  <that transports goods owned by others for hire and is regulated by
  14-12  the Railroad Commission of Texas>.
  14-13        SECTION 10.  Subdivision (3), Section 155.001, Tax Code, is
  14-14  amended to read as follows:
  14-15              (3)  "Common carrier" means a motor carrier registered
  14-16  under Article 6675c, Revised Statutes, or a motor carrier operating
  14-17  under a certificate issued by the Interstate Commerce Commission
  14-18  <that transports goods owned by others for hire and is regulated by
  14-19  the Railroad Commission of Texas>.
  14-20        SECTION 11.  Article 883, Revised Statutes, is amended to
  14-21  read as follows:
  14-22        Art. 883.  Liability fixed; exceptions for rates based on
  14-23  value; evidence; notice of claim may be required.  Railroad
  14-24  companies, and other carriers of passengers, goods, wares, and
  14-25  merchandise for hire, within this state, on land, or in boats or
  14-26  vessels on the waters entirely within this state, shall not limit
  14-27  or restrict their liability as it exists at common law, by any
  14-28  general or special notice, or by inserting exceptions in the bill
  14-29  of lading or memorandum given upon the receipt of the goods for
  14-30  transportation or in any other manner whatsoever, unless the
  14-31  limitation or restriction is in conspicuous writing in a bill of
  14-32  lading, a contract for transportation, or other written arrangement
  14-33  for transportation<; provided, however, that the provisions hereof
  14-34  respecting liabilities of carriers as it exists at common law for
  14-35  loss, damage, or injury to baggage and personal effects of
  14-36  passengers transported incident to the carriage of persons, goods,
  14-37  wares, and merchandise shall not apply to property received for
  14-38  transportation concerning which the carriers shall have been or
  14-39  shall hereafter be expressly authorized or required by order of the
  14-40  Railroad Commission of Texas to establish and maintain rates
  14-41  dependent upon the value declared in writing by the shipper of the
  14-42  property or agreed upon in writing as the released value of the
  14-43  property, in which case, such declaration or agreement shall have
  14-44  no effect other than to limit liability and recovery to an amount
  14-45  not exceeding the value so declared or released, and so far as
  14-46  relates to values, shall be valid and is not hereby prohibited.
  14-47  The Railroad Commission of Texas is hereby authorized to fix and
  14-48  establish just and reasonable rates for transportation of goods,
  14-49  wares, and merchandise described by commodities or articles or by
  14-50  generic grouping of commodities or articles, and the baggage and
  14-51  personal effects of passengers, dependent upon the value thereof
  14-52  declared in writing, or agreed upon in writing by the shipper or
  14-53  passenger as the agreed value, under the circumstances and
  14-54  conditions surrounding such transportation>.  Provided further,
  14-55  that a requirement of a notice or claim consistent with the
  14-56  provisions of Section 16.071, Civil Practice and Remedies Code
  14-57  <Article 5546 of the Revised Civil Statutes of Texas, 1925, as
  14-58  heretofore amended>, as a condition precedent to the enforcement of
  14-59  any claim or loss, damage and delay or either, or any of them,
  14-60  whether inserted in a bill of lading or other contract or
  14-61  arrangement for carriage, or otherwise provided, shall be valid and
  14-62  is not hereby prohibited.
  14-63        SECTION 12.  Article 883(a), Revised Statutes, is amended to
  14-64  read as follows:
  14-65        Art. 883(a).  A <No specialized> motor carrier of household
  14-66  goods, as defined by 49 U.S.C. Section 10102, may not <or other
  14-67  carrier for hire, including the carriers referred to in said
  14-68  Article 883, shall> be required to accept for transportation
  14-69  household goods<, personal effects or used office furniture and
  14-70  equipment,> unless the shipper or owner thereof or his agent shall
   15-1  first declare in writing the reasonable value thereof.  The carrier
   15-2  shall not be liable in damages for an amount in excess of such
   15-3  declared value for the loss, destruction or damage of such
   15-4  property.  <The Railroad Commission shall establish adequate rates
   15-5  consistent with such declared values to be assessed and collected
   15-6  by such carriers.  If the Railroad Commission fails to establish
   15-7  such rates, then in that event such carriers are authorized to
   15-8  collect reasonable transportation charges consistent with the
   15-9  declared value of such property.>
  15-10        SECTION 13.  Article 911k, Revised Statutes, is amended to
  15-11  read as follows:
  15-12        Art. 911k.  MOTOR CARRIERS EXEMPT FROM GROSS RECEIPTS TAXES.
  15-13  A motor bus carrier or <common or contract> motor carrier
  15-14  transporting persons or property for hire <subject to regulation by
  15-15  the railroad commission> is exempt from any occupation tax measured
  15-16  by gross receipts imposed by any law of this state.
  15-17        SECTION 14.  Subsection (a), Section 8, Chapter 65, Acts of
  15-18  the 67th Legislature, Regular Session, 1981 (Article 6519c,
  15-19  Vernon's Texas Civil Statutes), is amended to read as follows:
  15-20        (a)  Except as provided by <Subsection (c), Section 17,
  15-21  Chapter 314, Acts of the 41st Legislature, Regular Session, 1929,
  15-22  as amended (Article 911b, Vernon's Texas Civil Statutes), and by>
  15-23  Section 131.231, Natural Resources Code, all taxes, license fees,
  15-24  permit fees, examination fees, and truck registration fees
  15-25  collected or received by the Railroad Commission of Texas shall be
  15-26  deposited to the credit of the General Revenue Fund.
  15-27        SECTION 15.  Subsection (c), Section 4, Chapter 410, Acts of
  15-28  the 53rd Legislature, Regular Session, 1953 (Article 6674v,
  15-29  Vernon's Texas Civil Statutes), is amended to read as follows:
  15-30        (c)  The word "Project" or the words "Turnpike Project" shall
  15-31  mean any express highway or turnpike which the Authority may at any
  15-32  time determine to construct under the provisions of this Act and
  15-33  any improvement, extension, or expansion to that highway or
  15-34  turnpike and includes facilities to relieve traffic congestion and
  15-35  to promote safety, and all bridges, tunnels, overpasses,
  15-36  underpasses, interchanges, entrance plazas, approaches, toll
  15-37  houses, service stations, and administration, storage and other
  15-38  buildings which the Authority may deem necessary for the operation
  15-39  of the Project, together with all property rights, easements and
  15-40  interests which may be acquired by the Authority for the
  15-41  construction or the operation of the Project; provided, that the
  15-42  location of a Project must before final designation, be approved by
  15-43  the State Highway Commission.  Provided, however, any "Project" or
  15-44  "Turnpike Project" which the Authority may construct under the
  15-45  authority of this Act shall at all times be deemed a public highway
  15-46  <within the meaning of Chapter 270, page 399, Acts, Fortieth
  15-47  Legislature, 1927, as amended by Chapter 78, page 196, Forty-first
  15-48  Legislature, First Called Session, 1929, and Chapter 314, page 698,
  15-49  Acts, Forty-first Legislature, 1929, as amended by Chapter 277,
  15-50  page 480, Acts, Forty-second Legislature, 1931, as amended by
  15-51  Chapter 290, page 463, Acts, Forty-seventh Legislature, 1941, and
  15-52  to that end no motor bus company, common carrier motor carrier,
  15-53  specialized motor carrier, contract carrier or other motor vehicle
  15-54  operation for compensation and hire shall be conducted thereon
  15-55  except in accordance with the terms and provisions of Chapter 270,
  15-56  page 399, Acts, Fortieth Legislature, 1927, as amended by Chapter
  15-57  78, page 196, Acts, Forty-first Legislature, First Called Session,
  15-58  1929, and Chapter 314, page 698, Acts, Forty-first Legislature,
  15-59  1929, as amended by Chapter 277, page 480, Acts, Forty-second
  15-60  Legislature, 1931, as amended by Chapter 290, page 463, Acts,
  15-61  Forty-seventh Legislature, 1941>.
  15-62        SECTION 16.  Section 2A, Chapter 18, General Laws, Acts of
  15-63  the 41st Legislature, 5th Called Session, 1930 (Article 6675a-6e,
  15-64  Vernon's Texas Civil Statutes), is amended to read as follows:
  15-65        Sec. 2A.  To expedite and facilitate, during the harvesting
  15-66  season, the harvesting and marketing of farm products produced in
  15-67  this State, the Department is authorized to issue to a nonresident
  15-68  owner a 30-day temporary registration permit for any truck, truck
  15-69  tractor, trailer or semitrailer to be used in the movement of such
  15-70  farm commodities from the place of production to market, storage or
   16-1  railhead, not more than seventy-five (75) miles distant from such
   16-2  place of production, or to be used in the movement of machinery
   16-3  used to harvest any of the commodities named in this section.
   16-4        To expedite and facilitate, during the harvesting season, the
   16-5  harvesting and movement of farm products produced outside of Texas
   16-6  but marketed or processed in Texas or moved to points in Texas for
   16-7  shipment, the Department is authorized to issue to a nonresident
   16-8  owner a 30-day temporary registration permit for any truck, truck
   16-9  tractor, trailer or semitrailer to be used in the movement of such
  16-10  farm commodities from the point of entry into Texas to market,
  16-11  storage, processing plant, railhead or seaport not more than eighty
  16-12  (80) miles distant from such point of entry into Texas.  All
  16-13  mileages and distances referred to herein are State Highway
  16-14  mileages.  Before such temporary registration provided for in this
  16-15  paragraph may be issued, the applicant must present satisfactory
  16-16  evidence that such motor vehicle is protected by such insurance and
  16-17  in such amounts as may be described in Section 5 of the Texas Motor
  16-18  Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
  16-19  Civil Statutes) as it is now written or as it may hereafter be
  16-20  amended, and such policies must be issued by an insurance company
  16-21  or surety company authorized to write Motor Vehicle Liability
  16-22  Insurance in this State unless the applicant is unable to obtain
  16-23  the insurance coverage from an insurance company authorized to
  16-24  write the coverage in this State, in which case, the applicant,
  16-25  with the Department's approval, may obtain the coverage from a
  16-26  surplus lines insurer that meets the requirements of Article
  16-27  1.14-2, Insurance Code, and rules adopted by the State Board of
  16-28  Insurance under that article; and that such vehicle has been
  16-29  inspected as required under the Uniform Act Regulating Traffic on
  16-30  Highways in Texas (Article XV of Article 6701d, Vernon's Texas
  16-31  Civil Statutes) as it is now written or as it may hereafter be
  16-32  amended.
  16-33        The Department is authorized to prescribe the form of the
  16-34  application and the information to be furnished therein for such
  16-35  temporary registration permits.  If the application is granted, the
  16-36  Department shall issue a special distinguishing insignia which must
  16-37  be attached to such vehicle in lieu of the regular Texas Highway
  16-38  registration plates.  Such special insignia shall show its
  16-39  expiration date.  The temporary registration permit fee shall be
  16-40  one-twelfth (1/12) of the annual Texas registration fee for the
  16-41  vehicle for which the special permit is secured.
  16-42        The temporary permits herein authorized shall be issued only
  16-43  when the vehicle for which said permit is issued is legally
  16-44  registered in the nonresident owner's home state or country for the
  16-45  current registration year; and said permit will remain valid only
  16-46  so long as the home state or country registration is valid; but in
  16-47  any event the Texas temporary registration permit will expire 30
  16-48  days from the date of issuance.  Not more than three (3) such
  16-49  temporary registration permits may be issued to a nonresident owner
  16-50  during any one (1) vehicle registration year in the State of Texas.
  16-51  A vehicle registered under the terms of this Act may not be
  16-52  operated in Texas after the expiration of the temporary permit
  16-53  unless the nonresident owner secures a second temporary permit as
  16-54  provided above, or unless the nonresident owner registers the
  16-55  vehicle under the appropriate Texas vehicular registration
  16-56  statutes, applicable to residents, for the remainder of the
  16-57  registration year.  No such vehicle may be registered with a Texas
  16-58  farm truck license.
  16-59        Any person who shall transport any of the commodities
  16-60  described in this Act, under a temporary permit provided for
  16-61  herein, to a market, place of storage, processing plant, railhead
  16-62  or seaport, which is a greater distance from the place of
  16-63  production of such commodity in this State, or the point of entry
  16-64  into the State of Texas than is provided for in said temporary
  16-65  permit, or shall follow a route other than that prescribed by the
  16-66  Highway Commission, shall be punished by a fine of not less than
  16-67  Twenty-five Dollars ($25), nor more than Two Hundred Dollars
  16-68  ($200).
  16-69        Nothing in this Act shall be construed to authorize such
  16-70  nonresident owner or operator to operate or cause to be operated
   17-1  any of such vehicles in this State in violation of <Chapter 314,
   17-2  Acts of the 41st Legislature, Regular Session, 1929, as amended
   17-3  (Article 911b, Vernon's Texas Civil Statutes) or> any of the other
   17-4  laws of this State.
   17-5        SECTION 17.  Subdivision (1), Section 2, Vehicle Storage
   17-6  Facility Act (Article 6687-9a, Revised Statutes), is amended to
   17-7  read as follows:
   17-8              (1)  "Commission" means the <Railroad Commission of>
   17-9  Texas Department of Transportation.
  17-10        SECTION 18.  Subsection (c), Section 4, Vehicle Storage
  17-11  Facility Act (Article 6687-9a, Revised Statutes), is amended to
  17-12  read as follows:
  17-13        (c)  The commission may impose and collect a fee for a
  17-14  license in an amount sufficient to recover the commission's costs
  17-15  of administering this Act.  Fees collected under this subsection
  17-16  shall be deposited in <a special account in> the general revenue
  17-17  fund <that may be appropriated only to the commission for the
  17-18  administration of this Act>.
  17-19        SECTION 19.  Subsection (b), Section 13, Vehicle Storage
  17-20  Facility Act (Article 6687-9a, Revised Statutes), is amended to
  17-21  read as follows:
  17-22        (b)  The notice must be sent by certified mail, return
  17-23  receipt requested, and must contain:
  17-24              (1)  the date the vehicle was accepted for storage;
  17-25              (2)  the first day for which a storage fee is assessed;
  17-26              (3)  the daily storage rate;
  17-27              (4)  the type and amount of all other charges to be
  17-28  paid when the vehicle is claimed;
  17-29              (5)  the full name, street address, and telephone
  17-30  number of the facility;
  17-31              (6)  the hours during which the owner may claim the
  17-32  vehicle; and
  17-33              (7)  the facility license number preceded by "Texas
  17-34  Department of Transportation <"Railroad Commission of Texas>
  17-35  Vehicle Storage Facility License Number."
  17-36        SECTION 20.  Section 15, Vehicle Storage Facility Act
  17-37  (Article 6687-9a, Revised Statutes), is amended to read as follows:
  17-38        Sec. 15.  Use of Fees.  The commission shall remit all fees
  17-39  collected under this article to the State Treasurer for deposit in
  17-40  the State Treasury to the credit of the general revenue <a> fund
  17-41  <to be used, subject to legislative appropriation, for
  17-42  administering this article>.
  17-43        SECTION 21.  Subsection (2), Section C, Article 6701-1/2,
  17-44  Revised Statutes, is amended to read as follows:
  17-45              (2)  The Texas <State> Department of <Highways and
  17-46  Public> Transportation may issue single trip permits to owners of
  17-47  manufactured homes provided that the ownership of the manufactured
  17-48  home and of the towing vehicle is shown to be the same person by
  17-49  the title to the home and to the towing vehicle or that a lease
  17-50  <duly filed pursuant to Chapter 209, Acts of the 53rd Legislature,
  17-51  Regular Session, 1953 (Article 6701c-1, Vernon's Texas Civil
  17-52  Statutes),> shows the owner of the manufactured home to be the
  17-53  lessee of the towing vehicle.  Single trip permits may also be
  17-54  issued to installers registered with the Texas Department of
  17-55  Licensing and Regulation <Labor and Standards> for the
  17-56  transportation of manufactured homes <over routes between points
  17-57  when such transportation would be excluded from regulation under
  17-58  Chapter 314, Acts of the 41st Legislature, Regular Session, 1929
  17-59  (Article 911b, Vernon's Texas Civil Statutes)>.  The owner or
  17-60  installer must have proof of insurance coverage in force as
  17-61  required in Section H of this article.
  17-62        SECTION 22.  Subsection (e), Section 3, Chapter 41, General
  17-63  Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
  17-64  (Article 6701a, Vernon's Texas Civil Statutes), is amended to read
  17-65  as follows:
  17-66        (e)  The requirement of a bond contained in this section does
  17-67  not apply to the driving or transporting of farm equipment which is
  17-68  being used for agricultural purposes if it is driven or transported
  17-69  by or under the authority of the owner of the equipment.  The bond
  17-70  requirement does apply to the delivery of farm equipment to a farm
   18-1  equipment dealer.  The requirement of a bond does not apply to a
   18-2  vehicle or equipment operated by a motor carrier registered under
   18-3  Article 6675c, Revised Statutes.
   18-4        SECTION 23.  Section 3, Article 6701b-1, Revised Statutes, is
   18-5  amended to read as follows:
   18-6        Sec. 3.  Exceptions.  This article does not apply to:
   18-7              (1)  <a commercial motor vehicle operated under the
   18-8  control, supervision, or authority of a motor bus company that has
   18-9  a certificate issued by the Railroad Commission of Texas under
  18-10  Chapter 270, Acts of the 40th Legislature, Regular Session, 1927,
  18-11  as amended (Article 911a, Vernon's Texas Civil Statutes); or>
  18-12              <(2)  a commercial motor vehicle, truck-tractor, or
  18-13  road-tractor operated under the control, supervision, or authority
  18-14  of a motor carrier that is subject to Section 18 or exempt under
  18-15  Section 18a, Chapter 314, Acts of the 41st Legislature, Regular
  18-16  Session, 1929, as amended (Article 911b, Vernon's Texas Civil
  18-17  Statutes); or>
  18-18              <(3)>  a commercial motor vehicle, truck-tractor, or
  18-19  road-tractor required to be registered under Section 113.131,
  18-20  Chapter 113, Natural Resources Code; or
  18-21              (2) <(4)>  any commercial motor vehicle, truck-tractor,
  18-22  or road-tractor registered under Section 6a, Chapter 88, General
  18-23  Laws, Acts of the 41st Legislature, 2nd Called Session, 1929, as
  18-24  amended (Article 6675a-6a, Vernon's Texas Civil Statutes); or
  18-25              (3) <(5)>  a commercial motor vehicle, truck-tractor,
  18-26  or road-tractor operated under the control, supervision, or
  18-27  authority of a person through the execution of a bona fide lease,
  18-28  memorandum, or agreement in compliance with Chapter 209, Acts of
  18-29  the 53rd Legislature, Regular Session, 1953, as amended (Article
  18-30  6701c-1, Vernon's Texas Civil Statutes); or
  18-31              (4) <(6)>  any commercial motor vehicle, truck-tractor,
  18-32  or road-tractor operated in private carriage that is subject to
  18-33  Title 49, Code of Federal Regulations, Part 397.21; or
  18-34              (5) <(7)>  a commercial motor vehicle, truck-tractor,
  18-35  or road-tractor operated under the direct control, supervision, or
  18-36  authority of a bona fide public utility, as recognized by the Texas
  18-37  Legislature, that is otherwise visibly marked; or
  18-38              (6) <(8)>  any commercial motor vehicle, truck-tractor,
  18-39  or road-tractor transporting timber products in their natural state
  18-40  from first point of production or harvest to first point of
  18-41  processing.
  18-42        SECTION 24.  Subsection (a), Section 140A, Uniform Act
  18-43  Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
  18-44  Statutes), is amended to read as follows:
  18-45        (a)  In this section:
  18-46              (1)  "Commercial motor vehicle" means any
  18-47  self-propelled or towed vehicle, except a farm vehicle with a gross
  18-48  weight, registered weight, or gross weight rating of less than
  18-49  48,000 pounds, used on a public highway to transport passengers or
  18-50  cargo <property> when:
  18-51                    (A)  the vehicle or combination of vehicles has a
  18-52  gross weight, registered weight, or gross weight rating in excess
  18-53  of 26,000 pounds;
  18-54                    (B)  the vehicle is designed to transport more
  18-55  than 15 passengers, including the driver; or
  18-56                    (C)  the vehicle is used in the transportation of
  18-57  hazardous materials in a quantity requiring placarding under the
  18-58  regulations issued under the federal Hazardous Materials
  18-59  Transportation Act (49 U.S.C. app. Sections 1801-1813).
  18-60              (2)  "Commission" means the Public Safety Commission.
  18-61              (3)  "Farm vehicle" has the meaning assigned by the
  18-62  Federal Motor Carrier Safety Regulations under Title 49, Code of
  18-63  Federal Regulations.
  18-64              (4)  "Federal safety regulations" means the Federal
  18-65  Motor Carrier Safety Regulations under Title 49, Code of Federal
  18-66  Regulations.
  18-67        SECTION 25.  Chapter 42, General Laws, Acts of the 41st
  18-68  Legislature, 2nd Called Session, 1929 (Article 6701d-11, Vernon's
  18-69  Texas Civil Statutes), is amended by adding Section 1B to read as
  18-70  follows:
   19-1        Sec. 1B.  "Oil field equipment" means machinery, materials,
   19-2  and equipment used in the construction, operation, and maintenance
   19-3  of facilities, including pipelines, that are used for the
   19-4  discovery, production, and processing of natural gas or petroleum.
   19-5        SECTION 26.  Subdivision (1), Subsection (c), Section 3,
   19-6  Chapter 42, General Laws, Acts of the 41st Legislature, 2nd Called
   19-7  Session, 1929 (Article 6701d-11, Vernon's Texas Civil Statutes), is
   19-8  amended to read as follows:
   19-9              (1)  No motor vehicle, other than a truck-tractor,
  19-10  shall exceed a length of forty-five (45) feet.  Except as provided
  19-11  in Subsection (c-1) of this section, it shall be lawful for any
  19-12  combination of not more than three (3) vehicles to be coupled
  19-13  together including, but not limited to, a truck and semi-trailer,
  19-14  truck and trailer, truck-tractor and semi-trailer and trailer, or a
  19-15  truck-tractor and two trailers, provided such combination of
  19-16  vehicles, other than a truck-tractor combination, shall not exceed
  19-17  a length of sixty-five (65) feet, unless such vehicle or
  19-18  combination of vehicles is operated exclusively within the limits
  19-19  of an incorporated city or town; and unless, in the case of any
  19-20  combination of such vehicles, same be operated by municipal
  19-21  corporations in adjoining suburbs wherein said municipal
  19-22  corporation has heretofore been using such or like equipment in
  19-23  connection with an established service to such suburbs of the
  19-24  municipality.  The length limitations in this subdivision do not
  19-25  apply to a truck-tractor, truck-tractor combination, or a
  19-26  truck-trailer combination exclusively transporting oil field
  19-27  equipment<, as that term is defined by Subsection (i) of Section 1,
  19-28  Chapter 314, Acts of the 41st Legislature, Regular Session, 1929
  19-29  (Article 911b, Vernon's Texas Civil Statutes)>.  Motor buses as
  19-30  defined in Section 1, Chapter 88, General Laws, Acts of the 41st
  19-31  Legislature, 2nd Called Session, 1929 (Article 6675a-1, Vernon's
  19-32  Texas Civil Statutes), exceeding thirty-five (35) feet in length,
  19-33  but not exceeding forty-five (45) feet in length, may be lawfully
  19-34  operated over the highways of this state if such motor buses are
  19-35  equipped with air brakes and have either three or more axles or a
  19-36  minimum of four (4) tires on the rear axle.  The limitations in
  19-37  this subdivision shall not apply to any house trailer or to any
  19-38  combination of a house trailer and a motor vehicle, but no house
  19-39  trailer and motor vehicle combination shall exceed a total length
  19-40  of sixty-five (65) feet.  "House trailer" as used herein means a
  19-41  living quarters equipped and used for sleeping and eating and which
  19-42  may be moved from one location to another over a public highway by
  19-43  being pulled behind a motor vehicle.  No house trailer, as the same
  19-44  is defined herein, shall be entitled to the exemption contained in
  19-45  this Subsection unless the owner thereof shall have paid all taxes,
  19-46  including ad valorem taxes, and fees due and payable under the laws
  19-47  of this state, levied on said house trailer.
  19-48        SECTION 27.  Subsection (g), Section 5B, Chapter 42, General
  19-49  Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
  19-50  (Article 6701d-11, Vernon's Texas Civil Statutes), is amended to
  19-51  read as follows:
  19-52        (g)  An applicant for a permit under this section, other than
  19-53  an applicant who intends to operate a vehicle that is loaded with
  19-54  timber or pulp wood, wood chips, cotton, or agricultural products
  19-55  in their natural state or an applicant who is a motor carrier
  19-56  registered under Article 6675c, Revised Statutes, shall file with
  19-57  the department an irrevocable letter of credit issued by a
  19-58  financial institution whose deposits are guaranteed by the Federal
  19-59  Deposit Insurance Corporation or a blanket bond in the amount of
  19-60  $15,000 payable to the department and to the counties of this state
  19-61  and conditioned that the applicant will pay to the department for
  19-62  any damage to a state highway and will pay to a county for any
  19-63  damage to a road or bridge of such county caused by the operation
  19-64  of any vehicle for which a permit is issued with a gross weight or
  19-65  axle weight that exceeds the weights authorized by Section 5 or
  19-66  Section 5 1/2 of this Act.  The bond or letter of credit shall
  19-67  include an undertaking by the issuer to notify the department and
  19-68  the applicant in writing promptly after any payment is made by the
  19-69  issuer in respect of the bond or letter of credit.  If payment is
  19-70  made by the issuer in respect of the bond or letter of credit and
   20-1  the applicant does not file with the department a replacement bond
   20-2  or letter of credit in the full amount of $15,000, or a
   20-3  notification from the issuer of the existing bond or letter of
   20-4  credit that the existing bond or letter of credit has been restored
   20-5  to the full $15,000, within 30 days after the date of such payment,
   20-6  then all permits held by the applicant under this section shall
   20-7  automatically expire.
   20-8        SECTION 28.  Section 33, Texas Motor Vehicle
   20-9  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
  20-10  Statutes), is amended to read as follows:
  20-11        Sec. 33.  Exceptions.  This Act shall not apply with respect
  20-12  to any motor vehicle owned by the United States, the State of Texas
  20-13  or any political subdivision of this state, or any municipality
  20-14  therein <except as provided in Section 35>, nor to the officers,
  20-15  agents or employees of the United States, the State of Texas, or
  20-16  any political subdivision of the state, while driving said vehicle
  20-17  in the course of their employment; provided, however, that the
  20-18  operator of every motor vehicle specified herein shall comply with
  20-19  the provisions of Section 4 of this Act; nor, except for Sections 4
  20-20  and 26 of this Act, with respect to any motor vehicle which is
  20-21  subject to the requirements of Article 6675c, Revised Statutes
  20-22  <Articles 911a (Sec. 11) and 911b (Sec. 13) of the Revised Civil
  20-23  Statutes of Texas>; provided, however, that nothing in this Act
  20-24  shall be construed so as to exclude from this Act its applicability
  20-25  to taxicabs, jitneys, or other vehicles for hire, operating under
  20-26  franchise or permit of any incorporated city, town or village.
  20-27        SECTION 29.  Subsection (c), Section 10, Article 9103,
  20-28  Revised Statutes, is amended to read as follows:
  20-29        (c)  This article does not apply to public warehouses owned,
  20-30  controlled, operated, or leased by motor carriers under Article
  20-31  6675c, Revised Statutes <licensed by and within the jurisdiction of
  20-32  the Railroad Commission of Texas under the provisions of Article
  20-33  911b, Vernon's Texas Civil Statutes>, or their agents.
  20-34        SECTION 30.  The following laws are repealed:
  20-35              (1)  Section 361.431, Health and Safety Code;
  20-36              (2)  Section 51.012, Election Code;
  20-37              (3)  Chapter 270, Acts of the 40th Legislature, Regular
  20-38  Session, 1927 (Article 911a, Vernon's Texas Civil Statutes);
  20-39              (4)  Chapter 314, Acts of the 41st Legislature, Regular
  20-40  Session, 1929 (Article 911b, Vernon's Texas Civil Statutes);
  20-41              (5)  Chapter 1, page 672, General Laws, Acts of the
  20-42  46th Legislature, 1939 (Article 911d, Vernon's Texas Civil
  20-43  Statutes);
  20-44              (6)  Chapter 544, Acts of the 59th Legislature, Regular
  20-45  Session, 1965 (Article 911f, Vernon's Texas Civil Statutes);
  20-46              (7)  Article 911h, Revised Statutes;
  20-47              (8)  Chapter 88, Acts of the 60th Legislature, Regular
  20-48  Session, 1967 (Article 911i, Vernon's Texas Civil Statutes);
  20-49              (9)  Chapter 114, Acts of the 43rd Legislature, 1st
  20-50  Called Session, 1933 (Article 911j, Vernon's Texas Civil Statutes);
  20-51              (10)  Chapter 1135, Acts of the 70th Legislature,
  20-52  Regular Session, 1987 (Article 6687-9b, Vernon's Texas Civil
  20-53  Statutes);
  20-54              (11)  Subsection (o), Section 2, Uniform Act Regulating
  20-55  Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes);
  20-56              (12)  Section 139, Uniform Act Regulating Traffic on
  20-57  Highways (Article 6701d, Vernon's Texas Civil Statutes); and
  20-58              (13)  Subsection (e), Section 5-2/3, Chapter 42,
  20-59  General Laws, Acts of the 41st Legislature, 2nd Called Session,
  20-60  1929 (Article 6701d-11, Vernon's Texas Civil Statutes), as added by
  20-61  Chapter 689, Acts of the 68th Legislature, Regular Session, 1983.
  20-62        SECTION 31.  (a)  Any appropriation made to the Railroad
  20-63  Commission of Texas for the biennium ending August 31, 1997, for
  20-64  the administration of a law repealed by Section 30 of this Act is
  20-65  transferred to:
  20-66              (1)  the Texas Department of Transportation, if the
  20-67  appropriation was for an activity previously administered by the
  20-68  railroad commission that is now administered by the Texas
  20-69  Department of Transportation under Section 1 of this Act; or
  20-70              (2)  the Department of Public Safety of the State of
   21-1  Texas, if the appropriation was for an activity previously
   21-2  administered by the railroad commission that is now administered by
   21-3  the Department of Public Safety under Section 3 of this Act.
   21-4        (b)  A rule adopted by the Railroad Commission of Texas under
   21-5  a law repealed by Section 30 of this Act before the effective date
   21-6  of this Act that is not inconsistent with this Act remains in
   21-7  effect as a rule of the Texas Department of Transportation or the
   21-8  Department of Public Safety until superseded by a rule adopted by
   21-9  the appropriate department.
  21-10        (c)  A registration that is valid on the effective date of
  21-11  this Act remains valid until it expires or until the Texas
  21-12  Department of Transportation suspends or revokes the registration.
  21-13  In renewing a registration, the Texas Department of Transportation
  21-14  shall, to the extent possible, assign a registration number to a
  21-15  motor carrier that is identical to the prior number issued by the
  21-16  Railroad Commission of Texas.
  21-17        (d)  A proceeding to suspend or revoke a registration issued
  21-18  under a law repealed by Section 30 of this Act, or to impose a
  21-19  penalty under a law repealed by Section 30 of this Act, that is
  21-20  pending before the Railroad Commission of Texas on the effective
  21-21  date of this Act is transferred without change in status to the
  21-22  Texas Department of Transportation on the effective date of this
  21-23  Act unless registration for the activity is no longer required or a
  21-24  penalty may no longer be imposed.  If registration is no longer
  21-25  required or a penalty may no longer be imposed, the proceeding is
  21-26  dismissed on the effective date of this Act.
  21-27        (e)  All records of the Railroad Commission of Texas
  21-28  involving the registration of a motor carrier under a law repealed
  21-29  by Section 30 of this Act that pertain to registration or safety
  21-30  requirements as required by this Act are transferred to the Texas
  21-31  Department of Transportation or the Department of Public Safety on
  21-32  the effective date of this Act.
  21-33        (f)  A proceeding to suspend or revoke a license issued under
  21-34  the Vehicle Storage Facility Act (Article 6687-9a, Revised
  21-35  Statutes) or to impose a penalty under that Act that is pending
  21-36  before the Railroad Commission of Texas on the effective date of
  21-37  this Act is transferred without change in status to the Texas
  21-38  Department of Transportation on the effective date of this Act.
  21-39  All records of the Railroad Commission of Texas involving licensing
  21-40  of a facility under the Vehicle Storage Facility Act are
  21-41  transferred to the Texas Department of Transportation on the
  21-42  effective date of this Act.
  21-43        (g)  The Railroad Commission of Texas, the Texas Department
  21-44  of Transportation, and the Department of Public Safety shall adopt
  21-45  a memorandum of understanding regarding the transfer of
  21-46  administrative duties that occurs under this Act.
  21-47        (h)  On the effective date of this Act, the Motor Carrier Act
  21-48  enforcement fund account in the general revenue fund is abolished
  21-49  and any money in the account is transferred to the undedicated
  21-50  portion of the general revenue fund.
  21-51        (i)  Not later than January 1, 1996, the Texas Department of
  21-52  Transportation shall review all rules adopted by the department to
  21-53  enforce this Act.
  21-54        (j)  Not later than January 1, 1996, the Department of Public
  21-55  Safety shall review all rules adopted by the department to enforce
  21-56  this Act.
  21-57        (k)  After conducting a review as required by Subsection (i)
  21-58  or (j) of this section, the Texas Department of Transportation and
  21-59  the Department of Public Safety shall adopt new rules as
  21-60  appropriate.
  21-61        SECTION 32.  Not later than January 1, 1996, all state
  21-62  agencies shall review existing regulations which affect motor
  21-63  carriers and seek means to improve resource utilization and
  21-64  enforcement as well as seek means to improve the industry's
  21-65  productivity and voluntary compliance in such areas as vehicle
  21-66  registration and inspection, reporting requirements, issuance of
  21-67  temporary permits, and filing of credentials.  Such review shall
  21-68  include efforts to eliminate duplicitous regulations.
  21-69        SECTION 33.  This Act takes effect September 1, 1995.
  21-70        SECTION 34.  The importance of this legislation and the
   22-1  crowded condition of the calendars in both houses create an
   22-2  emergency and an imperative public necessity that the
   22-3  constitutional rule requiring bills to be read on three several
   22-4  days in each house be suspended, and this rule is hereby suspended.
   22-5                               * * * * *