Amend CSSB 370 in Article 4 of the bill by adding the
following appropriately numbered sections to read as follows and by
renumbering the remaining sections as appropriate:
SECTION 4.___. Sections 3(a) and (e), Article 6675c,
Revised Statutes, are amended to read as follows:
(a) A motor carrier may not operate a commercial motor
vehicle, as defined by Section 548.001, Transportation Code, <140A,
Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
Texas Civil Statutes),> or a tow truck on a road or highway of this
state unless the carrier registers with the department under this
article.
(e) The department shall issue a certificate containing a
single registration number to a motor carrier, regardless of the
number of vehicles requiring registration the carrier operates.
The department shall issue a cab card as described by Section 5 of
this article for each vehicle requiring registration the motor
carrier operates. To avoid multiple registrations of a single
motor carrier, the department shall adopt simplified procedures for
the registration of motor carriers transporting household goods as
agents for carriers required to register under this article.
SECTION 4.___. Sections 4(a), (b), and (d), Article 6675c,
Revised Statutes, are amended to read as follows:
(a) A motor carrier that is required to register under
Section 3 of this article shall maintain liability insurance in an
amount set by the department for each vehicle requiring
registration the carrier operates. The department by rule may set
the amount of liability insurance required at an amount that does
not exceed the amount required for a motor carrier under federal
regulations adopted under 49 U.S.C. Section 10927(a)(1). In
setting the amount the department shall consider:
(1) the class and size of the vehicle; and
(2) the type of persons or cargo being transported.
(b) A motor carrier required to register under Section 3 of
this article transporting household goods shall maintain cargo
insurance in the same amount required for a motor carrier
transporting household goods under federal law.
(d) A motor carrier that is required to register under
Section 3 of this article must file with the department proof of
insurance in the amounts required by Subsections (a) and (b) of
this section, or proof of financial responsibility as described by
Subsection (c) of this section, in a form prescribed by the
department. The form must be filed:
(1) at the time of the initial registration;
(2) at the time of a subsequent registration, if the
motor carrier was required to be continuously registered under this
article and the carrier failed to maintain continuous registration;
(3) at the time a motor carrier changes insurers; and
(4) at the time a motor carrier changes ownership, as
determined by rules adopted by the department.
SECTION 4.___. Section 7(a), Article 6675c, Revised
Statutes, is amended to read as follows:
(a) The department may suspend or revoke a registration
issued under this article if:
(1) a motor carrier fails to maintain insurance or
proof of financial responsibility as required by Section 4(a) or
(b) or Section 8(c)(5) of this article;
(2) a motor carrier fails to keep proof of insurance
in the cab of each vehicle as required by Section 4(e) of this
article;
(3) a motor carrier fails to register a vehicle
requiring registration; or
(4) a motor carrier knowingly provides false
information on any form filed with the department under this
section.
SECTION 4.___. Section 8, Article 6675c, Revised Statutes,
is amended by amending Subsections (c) and (f) and adding
Subsection (g) to read as follows:
(c) The department shall adopt rules to protect consumers
who use the services of a motor carrier <who is required to
register under Section 3 of this article and> who is transporting
household goods for compensation <that are at least as stringent as
the corresponding provisions of 49 C.F.R. Part 1056. The
department may adopt rules under this subsection that are more
stringent than the corresponding federal provisions. A motor
carrier transporting household goods shall list a place of business
with a street address in this state and the carrier's registration
number issued under this article in any print advertising published
in this state>. The department may adopt all such rules as are
necessary to ensure that customers of household goods movers are
protected from deceptive or unfair practices and unreasonably
hazardous activities on the part of the movers. Such rules shall
<may> include but are not limited to measures to:
(1) establish a formal process for resolving disputes
over fees and damages <apart from the method of mediation in
Subsection (f) of this section>;
(2) require a carrier to indicate clearly to consumers
whether estimates are binding or nonbinding and disclose the
maximum price a consumer could be required to pay; <and>
(3) create a centralized process for making complaints
about a carrier which also allows consumers to inquire about a
carrier's complaint record;
(4) require a motor carrier transporting household
goods to list a place of business with a street address in this
state and the carrier's registration number issued under this
article in any print advertising published in this state;
(5) require motor carriers who are required to
register under this section to file proof of cargo insurance in
amounts to be determined by the department that do not exceed the
amount required for a motor carrier transporting household goods
under federal law and measures to allow alternative proof of
financial responsibility, through surety bonds, letters of credit,
or other means satisfactory to the department, for contractual
obligations to customers that do not exceed $5,000 aggregate loss
or damage to total cargo shipped at any one time;
(6) require motor carriers who are required to
register under this section to conspicuously advise consumers
concerning limitation of any carrier liability for loss or damage
as determined under Subdivision (7) of this subsection; and
(7) determine reasonable provisions governing
limitation of liability for loss or damage of motor carriers
required to register under this section, not to exceed 60 cents per
pound per article.
(f) The department shall appoint a rules advisory committee
consisting of representatives of motor carriers transporting
household goods using small, medium, and large equipment, the
public, and the department. Members of the committee serve at the
pleasure of the department and are not entitled to compensation or
reimbursement of expenses for serving on the committee. The
department may adopt rules to govern the operations of the advisory
committee. The committee shall:
(1) examine the rules adopted by the department under
Subsection (c) of this section and make recommendations to the
department on modernizing and streamlining the rules;
(2) conduct a study of the feasibility and necessity
of requiring any vehicle liability insurance for household goods
carriers required to register under this section; and
(3) pursuant to Subsection (c)(7) of this section,
recommend a maximum level of liability limitation that does not
exceed 60 cents per pound <All collective associations of motor
carriers transporting household goods, or agents thereof, which
have received approval for collective ratemaking agreements under
Section 9(d) of this article shall provide a method of mediation
for consumers to receive resolution through mediation of disputes
over fees, damages, and services. All costs associated with such
mediation shall be borne by the motor carriers, the agents thereof,
or the association. All carriers and agents who are parties to
collective agreements approved under Section 9(d) of this article
must participate in consumer complaint resolution, including
participation in the mediation process and advertisement of the
availability of mediation in all contracts or estimate proposals.
Any complaint mediation that is not resolved to the mutual
agreement of all parties shall be reported to the department.
Consumers shall be advised of their rights to seek resolution
directly from the department. The department shall adopt rules
that ensure such notification is available to consumers in a form
and manner consistent with its duties under Subsection (c) of this
section>.
(g) The department shall require motor carriers who are not
required to register under Section 3 of this article to register
their operations before transporting household goods for
compensation. The department shall charge a motor carrier who
registers under this subsection a fee that does not exceed the
total of the fees imposed by Section 3 of this article.
SECTION 4.___. Section 10, Article 6675c, Revised Statutes,
is amended to read as follows:
Sec. 10. CRIMINAL PENALTY. (a) A person commits an offense
if the person fails to:
(1) register as required by Section 3 or 8 of this
article;
(2) maintain insurance or proof of financial
responsibility as required by Section 4 or 8 of this article; or
(3) keep a cab card in the cab of a vehicle as
required by Section 5(a) of this article.
(b) A person commits an offense if the person solicits the
transportation of household goods for compensation without being
registered as required by Section 3 or 8 of this article.
(c) An offense under this section is a Class C misdemeanor.
SECTION 4.___. Section 1(1), Article 6675d, Revised
Statutes, is amended to read as follows:
(1) "Commercial motor vehicle" means a motor vehicle
described by Section 548.001, Transportation Code <has the meaning
assigned by Section 140A, Uniform Act Regulating Traffic on
Highways (Article 6701d, Vernon's Texas Civil Statutes)>.
SECTION 4.___. Section 5, Article 6675d, Revised Statutes,
is amended by adding Subsection (c) to read as follows:
(c) A rule adopted by the director under this article
relating to hours of service, an operator's record of duty status,
or an operator's daily log, for operations outside a 150-mile
radius of the normal work-reporting location, also applies to and
must be complied with by a motor carrier, as defined by Section 1,
Article 6675c, Revised Statutes, of household goods not using a
commercial motor vehicle.
SECTION 4.___. The study required by Section 8(f)(2),
Article 6675c, Revised Statutes, as added by this Act, must be
completed not later than July 1, 1998, and any resulting rules
shall be made to take effect January 1, 1999.