1-1     By:  Cuellar (Senate Sponsor - Truan)                 H.B. No. 1487

 1-2           (In the Senate - Received from the House April 27, 1997;

 1-3     April 29, 1997, read first time and referred to Committee on State

 1-4     Affairs; May 2, 1997, rereferred to Committee on International

 1-5     Relations, Trade, and Technology; May 9, 1997, reported favorably,

 1-6     as amended, by the following vote:  Yeas 6, Nays 0; May 9, 1997,

 1-7     sent to printer.)

 1-8     COMMITTEE AMENDMENT NO. 1                                By:  Truan

 1-9     Amend H.B. No. 1487 as follows:

1-10           (1)  On  page  1,  line  55,  before  "customs",  insert

1-11     "licensed".

1-12           (2)  On page 1, between lines 59 and 60, insert the

1-13     following:

1-14           "(d)  This Act does not apply to an ocean freight forwarded

1-15     as defined by 46 U.S.C. Section 1702.

1-16                            A BILL TO BE ENTITLED

1-17                                   AN ACT

1-18     relating to the regulation of certain transportation service

1-19     providers; providing penalties.

1-20           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-21           SECTION 1.  PURPOSE; LEGISLATIVE INTENT.  The purpose of this

1-22     Act is to protect the health, safety, and welfare of the people of

1-23     this state through the registration of transportation service

1-24     providers and freight forwarders that operate in this state.  This

1-25     Act is not intended to regulate the rates, routes, or services

1-26     provided by transportation service providers or freight forwarders.

1-27           SECTION 2.  DEFINITIONS.  In this Act:

1-28                 (1)  "Commissioner" means the commissioner of licensing

1-29     and regulation.

1-30                 (2)  "Department" means the Texas Department of

1-31     Licensing and Regulation.

1-32                 (3)  "Motor carrier" has the meaning assigned by 49

1-33     U.S.C. Section 13102.

1-34                 (4)  "Person" means an individual, corporation,

1-35     partnership, or association.

1-36                 (5)  "Transportation service provider" or "freight

1-37     forwarder" means a person, other than a motor carrier, that holds

1-38     itself out to the general public to provide transportation in this

1-39     state only of property for compensation and in the ordinary course

1-40     of its business:

1-41                       (A)  assembles and consolidates, or provides for

1-42     assembling and consolidating, a shipment;

1-43                       (B)  performs or provides for break-bulk and

1-44     distribution operations of a shipment;

1-45                       (C)  assumes responsibility for the land

1-46     transportation of property at any point from origin to destination;

1-47     and

1-48                       (D)  uses a motor or rail carrier for any part of

1-49     the transportation.

1-50           SECTION 3.  REGISTRATION REQUIRED; EXCEPTIONS.  (a)  A person

1-51     may not operate as a transportation service provider or freight

1-52     forwarder in this state without a certificate of registration

1-53     issued under this Act.

1-54           (b)  This Act does not apply to a person that acts as a

1-55     customs broker as defined by 19 U.S.C. Section 1641.

1-56           (c)  This Act does not apply to a person that is engaged in

1-57     the wholesale distribution of alcoholic beverages and that operates

1-58     trucks and delivery vehicles under Chapter 19, 20, 21, 64, or 65,

1-59     Alcoholic Beverage Code.

1-60           SECTION 4.  REGISTRATION PROCEDURE.  (a)  A person seeking to

1-61     register under this Act as a transportation service provider must

1-62     submit to the department:

1-63                 (1)  an application on a form prescribed by the

1-64     commissioner; and

 2-1                 (2)  a nonrefundable registration fee.

 2-2           (b)  The application form prescribed under this section must

 2-3     require that an applicant include:

 2-4                 (1)  the current and each previous business name of the

 2-5     applicant, if the applicant is not an individual;

 2-6                 (2)  the physical business address of the applicant;

 2-7                 (3)  the type of business organization of the applicant

 2-8     and the date the business was started or incorporated, if

 2-9     applicable;

2-10                 (4)  the applicant's federal employer identification

2-11     number or social security number, as applicable; and

2-12                 (5)  if the applicant is a corporation, a list of

2-13     related domestic or foreign entities and the names and social

2-14     security numbers of the corporation's officers and shareholders.

2-15           (c)  A certificate of registration is valid for two years

2-16     after the date the certificate is issued.

2-17           (d)  To renew a certificate of registration, the registration

2-18     holder must submit to the department:

2-19                 (1)  an application for renewal on a form prescribed by

2-20     the commissioner; and

2-21                 (2)  a registration renewal fee.

2-22           (e)  A registration holder may not transfer or assign a

2-23     certificate of registration issued under this Act.

2-24           SECTION 5.  FEES.  The Texas Commission of Licensing and

2-25     Regulation shall set the registration and renewal fees in amounts

2-26     reasonable and necessary to cover the cost of administering this

2-27     Act.

2-28           SECTION 6.  TRANSPORTATION SERVICE PROVIDER FUND.  The

2-29     department shall deposit fees collected under this Act to the

2-30     credit of the transportation service provider fund.  Money in that

2-31     fund may be appropriated only to the department and only to

2-32     administer and enforce this Act.

2-33           SECTION 7.  DENIAL, SUSPENSION, OR REVOCATION OF CERTIFICATE

2-34     OF REGISTRATION.  (a)  The commissioner may deny, suspend, or

2-35     revoke a certificate of registration for a violation of this Act or

2-36     a rule adopted under this Act.

2-37           (b)  The denial, suspension, or revocation of a certificate

2-38     of registration by the commissioner and the appeal from that action

2-39     are governed by the procedures for a contested case hearing under

2-40     Chapter 2001, Government Code.

2-41           SECTION 8.  ADOPTION OF RULES.  The commissioner shall adopt

2-42     rules necessary to implement this Act, including requirements for

2-43     the issuance, renewal, denial, suspension, and revocation of a

2-44     certificate of registration.

2-45           SECTION 9.  QUALIFICATIONS.  (a)  An individual is not

2-46     eligible for a certificate of registration or must surrender an

2-47     existing certificate if:

2-48                 (1)  during the period the individual holds the

2-49     certificate of registration or during the 10-year period preceding

2-50     the date the certificate is issued, the individual has been

2-51     convicted of a crime under Chapter 481 or 483, Health and Safety

2-52     Code, or laws containing substantially the same elements under the

2-53     laws of any other state, the United States, or another country; or

2-54                 (2)  the individual owes delinquent taxes to any local,

2-55     state, or federal taxing entity.

2-56           (b)  The department may refuse to grant a certificate of

2-57     registration to a person, other than an individual, or may suspend

2-58     or revoke the person's certificate if:

2-59                 (1)  the department determines that, during the period

2-60     the person holds the certificate or during the 10-year period

2-61     preceding the date the certificate is issued, an officer, director,

2-62     member, or shareholder of the person or of a person that owns

2-63     shares in the person has been convicted of a crime under Chapter

2-64     481 or 483, Health and Safety Code, or laws containing

2-65     substantially the same elements under the laws of any other state,

2-66     the United States, or another country; or

2-67                 (2)  the person owes delinquent taxes to any local,

2-68     state, or federal taxing entity.

2-69           SECTION 10.  RECORDS.  (a)  A transportation service provider

 3-1     shall maintain a record that contains for each shipment of property

 3-2     the transportation service provider assumes responsibility for

 3-3     transporting:

 3-4                 (1)  the name of the shipper of the property;

 3-5                 (2)  the type of property that is being transported;

 3-6                 (3)  the destination point of the property that is

 3-7     being transported;

 3-8                 (4)  the name of the person receiving the property; and

 3-9                 (5)  the name of the person transporting the property.

3-10           (b)  The transportation service provider shall keep a copy of

3-11     a record required under this section until the fourth anniversary

3-12     of the date the property is transported.

3-13           SECTION 11.  AUDIT.  (a)  The department may periodically

3-14     audit the business records of a transportation service provider

3-15     registered under this Act.

3-16           (b)  For the purpose of carrying out this Act, the department

3-17     may:

3-18                 (1)  examine a record required to be maintained under

3-19     Section 10 of this Act or another book, record, paper, or object

3-20     that the department determines is necessary for conducting a

3-21     complete examination; or

3-22                 (2)  question, under oath, any person associated with

3-23     the business, including an officer, director, or employee of the

3-24     transportation service provider, or any person claiming the person

3-25     was negatively affected by an alleged violation of this Act by the

3-26     transportation service provider.

3-27           (c)  If a person required by the department to submit to an

3-28     examination under this section refuses to permit the examination or

3-29     to answer any question authorized by this Act, the commissioner may

3-30     suspend the transportation service provider's certificate of

3-31     registration until the examination is completed.

3-32           SECTION 12.  ENFORCEMENT.  The commissioner, with the

3-33     assistance of the Department of Public Safety, may investigate a

3-34     violation of this Act or a rule adopted under this Act.  The

3-35     commissioner or any law enforcement agency may file a complaint

3-36     with the district attorney of Travis County or with the prosecuting

3-37     attorney of the county in which a violation is alleged to have

3-38     occurred.

3-39           SECTION 13.  COOPERATIVE AGREEMENTS.  The department shall

3-40     cooperate with federal or state agencies in carrying out this Act.

3-41           SECTION 14.  CRIMINAL PENALTY.  (a)  A transportation service

3-42     provider commits an offense if the person knowingly violates this

3-43     Act.

3-44           (b)  An offense under this section is a Class A misdemeanor.

3-45           SECTION 15.  CIVIL PENALTY.  A transportation service

3-46     provider that knowingly violates this Act or knowingly fails to

3-47     comply with a rule adopted under this Act is liable for a civil

3-48     penalty of not less than $100 or more than $500 for each violation.

3-49           SECTION 16.  POSTING OF CERTIFICATE REQUIRED.  A registration

3-50     holder shall post the certificate of registration issued under this

3-51     Act in the person's place of business in a location visible to the

3-52     public.

3-53           SECTION 17.  EFFECTIVE DATE.  This Act takes effect September

3-54     1, 1997, except that Section 3 of this Act, which prohibits a

3-55     transportation service provider from operating in this state

3-56     without a certificate of registration, and Section 14 of this Act

3-57     take effect January 1, 1998.

3-58           SECTION 18.  EMERGENCY.  The importance of this legislation

3-59     and the crowded condition of the calendars in both houses create an

3-60     emergency and an imperative public necessity that the

3-61     constitutional rule requiring bills to be read on three several

3-62     days in each house be suspended, and this rule is hereby suspended.

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