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 * * * * *