75R11149 DRH-F
By Alexander, Siebert, et al. H.B. No. 1418
Substitute the following for H.B. No. 1418:
By Alexander C.S.H.B. No. 1418
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of motor carriers of household goods.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 3(a) and (e), Article 6675c, Revised
1-5 Statutes, are amended to read as follows:
1-6 (a) A motor carrier may not operate a commercial motor
1-7 vehicle, as defined by Section 548.001, Transportation Code, any
1-8 vehicle transporting household goods for compensation [140A,
1-9 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
1-10 Texas Civil Statutes)], or a tow truck on a road or highway of this
1-11 state unless the carrier registers with the department under this
1-12 article.
1-13 (e) The department shall issue a certificate containing a
1-14 single registration number to a motor carrier, regardless of the
1-15 number of vehicles requiring registration the carrier operates.
1-16 The department shall issue a cab card as described by Section 5 of
1-17 this article for each vehicle requiring registration the motor
1-18 carrier operates. To avoid multiple registrations of a single
1-19 motor carrier, the department shall adopt simplified procedures for
1-20 the registration of motor carriers transporting household goods as
1-21 agents for van-line carriers of household goods.
1-22 SECTION 2. Sections 8(c) and (f), Article 6675c, Revised
1-23 Statutes, are amended to read as follows:
1-24 (c) The department shall adopt rules to protect consumers
2-1 who use the services of a motor carrier who is required to register
2-2 under Section 3 of this article and who is transporting household
2-3 goods [that are at least as stringent as the corresponding
2-4 provisions of 49 C.F.R. Part 1056. The department may adopt rules
2-5 under this subsection that are more stringent than the
2-6 corresponding federal provisions. A motor carrier transporting
2-7 household goods shall list a place of business with a street
2-8 address in this state and the carrier's registration number issued
2-9 under this article in any print advertising published in this
2-10 state]. The department may adopt all such rules as are necessary
2-11 to ensure that customers of household goods movers are protected
2-12 from deceptive or unfair practices and unreasonably hazardous
2-13 activities on the part of the movers. Such rules shall [may]
2-14 include but are not limited to measures to:
2-15 (1) establish a formal process for resolving disputes
2-16 over fees and damages [apart from the method of mediation in
2-17 Subsection (f) of this section];
2-18 (2) require a carrier to indicate clearly to consumers
2-19 whether estimates are binding or nonbinding and disclose the
2-20 maximum price a consumer could be required to pay; [and]
2-21 (3) create a centralized process for making complaints
2-22 about a carrier which also allows consumers to inquire about a
2-23 carrier's complaint record; and
2-24 (4) require a motor carrier transporting household
2-25 goods to list a place of business with a street address in this
2-26 state and the carrier's registration number issued under this
2-27 article in any print advertising published in this state.
3-1 (f) The department shall appoint a rules advisory committee
3-2 consisting of representatives of motor carriers transporting
3-3 household goods, the public, and the department. The committee
3-4 shall examine the rules adopted by the department under Subsection
3-5 (c) of this section and make recommendations to the department on
3-6 modernizing and streamlining the rules. The department may adopt
3-7 all or any part of the committee's recommendations. Members of the
3-8 committee serve at the pleasure of the department and are not
3-9 entitled to compensation or reimbursement of expenses for serving
3-10 on the committee. The department may adopt rules to govern the
3-11 operations of the advisory committee. [All collective associations
3-12 of motor carriers transporting household goods, or agents thereof,
3-13 which have received approval for collective ratemaking agreements
3-14 under Section 9(d) of this article shall provide a method of
3-15 mediation for consumers to receive resolution through mediation of
3-16 disputes over fees, damages, and services. All costs associated
3-17 with such mediation shall be borne by the motor carriers, the
3-18 agents thereof, or the association. All carriers and agents who
3-19 are parties to collective agreements approved under Section 9(d) of
3-20 this article must participate in consumer complaint resolution,
3-21 including participation in the mediation process and advertisement
3-22 of the availability of mediation in all contracts or estimate
3-23 proposals. Any complaint mediation that is not resolved to the
3-24 mutual agreement of all parties shall be reported to the
3-25 department. Consumers shall be advised of their rights to seek
3-26 resolution directly from the department. The department shall
3-27 adopt rules that ensure such notification is available to consumers
4-1 in a form and manner consistent with its duties under Subsection
4-2 (c) of this section.]
4-3 SECTION 3. Section 1(1), Article 6675d, Revised Statutes, is
4-4 amended to read as follows:
4-5 (1) "Commercial motor vehicle" means:
4-6 (A) a motor vehicle described by Section
4-7 548.001(1), Transportation Code; or
4-8 (B) a motor vehicle transporting household
4-9 goods, as defined by 49 U.S.C. Section 13102, for compensation
4-10 [has the meaning assigned by Section 140A, Uniform Act Regulating
4-11 Traffic on Highways (Article 6701d, Vernon's Texas Civil
4-12 Statutes)].
4-13 SECTION 4. This Act takes effect September 1, 1997.
4-14 SECTION 5. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended.