Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Swinford H.B. No. 2068
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of commercial motor vehicles; providing
1-3 civil, administrative, and criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle F, Title 7, Transportation Code, is
1-6 amended by adding Chapter 643 to read as follows:
1-7 CHAPTER 643 COMMERCIAL MOTOR VEHICLE SAFETY STANDARDS
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 643.001. Definitions. In this chapter:
1-10 (1) "Commercial motor vehicle" has the meaning
1-11 assigned by Section 548.001, Transportation Code, as amended by
1-12 Article 6701d, Section 140A(a), Revised Statutes.
1-13 (2) "Department" means the Department of Public Safety
1-14 of the State of Texas.
1-15 (3) "Director" means the public safety director.
1-16 (4) "Federal hazardous material regulation" means a
1-17 federal regulation in 49 C.F.R. Parts 101-199.
1-18 (5) "Federal motor carrier safety regulation" means a
1-19 federal regulation in 49 C.F.R. Part 382, 385, or 386 or Parts
1-20 388-399.
1-21 (6) "Federal safety regulation" means a federal
1-22 hazardous material regulation or a federal motor carrier safety
1-23 regulation.
1-24 Sec. 643.002. CONFLICTS OF LAW. (a) A federal motor
2-1 carrier safety regulation prevails over a conflicting provision of
2-2 this chapter or a rule adopted by the director under this chapter.
2-3 (b) A safety rule adopted under this chapter prevails over a
2-4 conflicting rule adopted by a local government, authority, or state
2-5 agency or officer, other than a conflicting rule adopted by the
2-6 Railroad Commission of Texas under Chapter 113, Natural Resources
2-7 Code.
2-8 (Sections 643.003 to 643.100 reserved for expansion)
2-9 SUBCHAPTER B. ADOPTION OF RULES
2-10 Sec. 643.101. AUTHORITY TO ADOPT RULES. (a) The director
2-11 shall, after notice and a public hearing, adopt rules regulating:
2-12 (1) the safe transportation of hazardous materials;
2-13 and
2-14 (2) the safe operation of commercial motor vehicles.
2-15 (b) A rule adopted under this chapter must be consistent
2-16 with federal regulations, including federal safety regulations.
2-17 (c) The director may adopt all or part of the federal safety
2-18 regulations by reference.
2-19 (d) Rules adopted under this chapter must ensure that:
2-20 (1) a commercial motor vehicle is safely maintained,
2-21 equipped, loaded, and operated;
2-22 (2) the responsibilities imposed on a commercial motor
2-23 vehicle's operator do not impair the operator's ability to operate
2-24 the vehicle safely; and
2-25 (3) the physical condition of a commercial motor
2-26 vehicle's operator enables the operator to operate the vehicle
2-27 safely.
2-28 (e) A motor carrier safety rule adopted by a local
2-29 government, authority, or state agency or officer must be
2-30 consistent with corresponding federal regulations.
3-1 (f) The department may adopt rules as necessary to
3-2 administer this chapter.
3-3 Sec. 643.102. APPLICABILITY OF RULES. (a) Notwithstanding
3-4 an exemption provided in the federal safety regulations, other than
3-5 an exemption relating to intracity or commercial zone operations
3-6 provided in 49 C.F.R. Part 395, a rule adopted by the director
3-7 under this chapter is uniformly applicable throughout this state.
3-8 (b) A rule adopted under this chapter applies to a vehicle
3-9 that requires hazardous material placarding.
3-10 (c) A rule adopted under this chapter may not apply to a
3-11 vehicle that is operated intrastate and that is:
3-12 (1) a machine generally consisting of a mast, engine,
3-13 draw works, and chassis permanently constructed or assembled to be
3-14 used and used in oil or water well servicing or drilling;
3-15 (2) a mobile crane that is an unladen, self-propelled
3-16 vehicle constructed as a machine to raise, shift, or lower weight;
3-17 or
3-18 (3) a vehicle transporting a seed cotton module.
3-19 Sec. 643.103. LIMITATIONS OF RULES. (a) A rule adopted
3-20 under this chapter may not:
3-21 (1) prevent an intrastate operator from operating a
3-22 vehicle up to 12 hours following eight consecutive hours off;
3-23 (2) require a person to meet the medical standards
3-24 provided in the federal motor carrier safety regulations if the
3-25 person:
3-26 (A) was regularly employed in this state as a
3-27 commercial motor vehicle operator in intrastate commerce before
3-28 August 28, 1989; and
3-29 (B) is not transporting property that requires a
3-30 hazardous material placard;
4-1 (3) require a person to maintain a government form,
4-2 separate company form, operator's record of duty status, or
4-3 operator's daily log for operations within a 150-mile radius of the
4-4 normal work-reporting location if a general record of an operator's
4-5 hours of service can be compiled from:
4-6 (A) business records maintained by the owner
4-7 that provide the date, time, and location of the delivery of a
4-8 product or service; or
4-9 (B) documents required to be maintained by law,
4-10 including delivery tickets or sales invoices, that provide the date
4-11 of delivery and the quantity of merchandise delivered; or
4-12 (4) impose maximum driving and on-duty times on
4-13 drivers of vehicles transporting agricultural commodities in
4-14 intrastate commerce for agricultural purposes within a 150 air-mile
4-15 radius from the source of the commodities or the distribution point
4-16 for the farm supplies during planting and harvesting seasons.
4-17 (b) For purposes of Subsection (a)(3)(A) of this section, an
4-18 owner's business records generally include:
4-19 (1) the time an operator reports for duty each day;
4-20 (2) the number of hours an operator is on duty each
4-21 day;
4-22 (3) the time an operator is released from duty each
4-23 day; and
4-24 (4) an operator's signed statement in compliance with
4-25 49 C.F.R. Part 395.8(j)(2).
4-26 (c) For purposes of Subsection (a)(4) of this section,
4-27 "agricultural commodity" means an agricultural, horticultural,
4-28 viticultural, silvicultural, or vegetable product, bees and honey,
4-29 planting seed, rice, livestock or livestock product, or poultry or
4-30 poultry product, produced in this state, either in its natural
5-1 state or as processed by the producer, including woodchips.
5-2 (Sections 643.104 to 643.200 reserved for expansion
5-3 SUBCHAPTER C. ADMINISTRATIVE ENFORCEMENT
5-4 Sec. 643.201. CERTIFICATION OF MUNICIPAL PEACE OFFICERS.
5-5 (a) The department shall establish procedures, including training,
5-6 for the certification of municipal peace officers to enforce this
5-7 chapter.
5-8 (b) A peace officer of any of the following municipalities
5-9 is eligible to apply for certification under this section:
5-10 (1) a municipality with a population of 100,000 or
5-11 more;
5-12 (2) a municipality with a population of 25,000 or more
5-13 any part of which is located in a county with a population of 2.4
5-14 million or more; or
5-15 (3) a municipality any part of which is located in a
5-16 county bordering the United Mexican States.
5-17 (c) The department by rule shall establish reasonable fees
5-18 sufficient to recover from a municipality the cost of certifying
5-19 its peace officers under this section.
5-20 Sec. 643.202. MUNICIPAL ENFORCEMENT REQUIREMENTS. (a) The
5-21 department by rule may establish uniform standards for municipal
5-22 enforcement of this chapter.
5-23 (b) A municipality that engages in enforcement under this
5-24 chapter:
5-25 (1) shall pay all costs relating to the municipality's
5-26 enforcement; and
5-27 (2) may not be considered, in the context of a federal
5-28 grant related to this chapter:
5-29 (A) a party to a federal grant agreement; or
5-30 (B) a grantee under a federal grant to the
6-1 department.
6-2 (c) Municipal enforcement under Subsection 643.204(b) of
6-3 this chapter is not considered departmental enforcement for
6-4 purposes of maintaining levels of effort required by a federal
6-5 grant.
6-6 (d) In each fiscal year, a municipality may retain fines
6-7 from the enforcement of this chapter in an amount not to exceed 110
6-8 percent of the municipality's actual expenses for enforcement of
6-9 this chapter in the preceding fiscal year, as determined by the
6-10 comptroller after reviewing the most recent municipal audit
6-11 conducted under Section 103.001, Local Government Code. If there
6-12 are no actual expenses for enforcement of this chapter in the most
6-13 recent municipal audit, a municipality may retain fines in an
6-14 amount not to exceed 110 percent of the amount the comptroller
6-15 determines would be the municipality's actual expenses for
6-16 enforcement of this chapter during the year.
6-17 (e) A municipality shall send the proceeds of all fines that
6-18 exceed the limit imposed by Subsection (d) of this section to the
6-19 state treasurer for deposit in the general revenue fund.
6-20 Sec. 643.203. DETENTION OF VEHICLES. (a) An officer of the
6-21 department may enter or detain on a highway a motor vehicle that is
6-22 subject to this chapter.
6-23 (b) A peace officer who is certified under Section 643.201
6-24 of this chapter may detain on a highway within the municipality a
6-25 motor vehicle that is subject to this chapter.
6-26 Sec. 643.204. INSPECTION OF PREMISES. (a) An officer or
6-27 employee of the department who has been certified for the purpose
6-28 by the director may enter a motor carrier's premises to:
6-29 (1) inspect real property, including a building, or
6-30 equipment; or
7-1 (2) copy or verify the correctness of documents,
7-2 including records or reports, required to be kept or made by rules
7-3 adopted under this chapter.
7-4 (b) The officer or employee may conduct the inspection:
7-5 (1) at a reasonable time;
7-6 (2) on stating the purpose of the inspection; and
7-7 (3) by presenting to the motor carrier:
7-8 (A) appropriate credentials; and
7-9 (B) a written statement from the department to
7-10 the motor carrier indicating the officer's or employee's authority
7-11 to inspect.
7-12 (Sections 643.205 to 643.300 reserved for expansion
7-13 SUBCHAPTER D. OFFENSES, PENALTIES AND JUDICIAL ENFORCEMENT
7-14 Sec. 643.301. CRIMINAL OFFENSE. (a) A person commits an
7-15 offense if the person:
7-16 (1) violates a rule adopted under this chapter; or
7-17 (2) does not permit an inspection authorized under
7-18 Section 643.204 of this chapter.
7-19 (b) An offense under this section is a Class C misdemeanor.
7-20 (c) Each day a violation continues under Subsection (a)(1)
7-21 of this section or each day a person refuses to allow an inspection
7-22 described under Subsection (a)(2) of this section constitutes a
7-23 separate offense.
7-24 Sec. 643.302. CIVIL PENALTY. (a) A person who does not
7-25 permit an inspection authorized by Section 643.204 of this chapter
7-26 is liable to the state for a civil penalty not to exceed $1,000.
7-27 (b) The attorney general may sue to collect the penalty in:
7-28 (1) the county in which the violation is alleged to
7-29 have occurred; or
7-30 (2) Travis County.
8-1 (c) The penalty provided by this section is in addition to
8-2 the penalty provided by Section 643.301 of this chapter.
8-3 (d) Each day a person refuses to permit an inspection
8-4 described by Subsection (a) of this Section constitutes a separate
8-5 violation for purposes of imposing a penalty.
8-6 Sec. 643.303. ADMINISTRATIVE PENALTY. (a) The department
8-7 may impose an administrative penalty against a person who violates:
8-8 (1) a rule adopted under this chapter; or
8-9 (2) a provision of Chapter 548, Transportation Code,
8-10 that the department by rule subjects to administrative penalties.
8-11 (b) To be designated as subject to administrative penalties
8-12 under Subsection (a)(2) of this section, a provision must relate to
8-13 the safe operation of a commercial motor vehicle.
8-14 (c) A penalty under this section may not exceed the maximum
8-15 penalty provided for violations of a similar federal safety
8-16 regulation.
8-17 (d) A penalty under this section shall be administered in
8-18 the same manner as a penalty under Section 6, Article 6675c,
8-19 Revised Statutes.
8-20 Sec. 643.304. SUIT FOR INJUNCTION. (a) The attorney
8-21 general shall sue to enjoin a violation or a threatened violation
8-22 of a rule adopted under this chapter if requested by the director.
8-23 (b) The suit must be brought in the county in which the
8-24 violation or threat is alleged to have occurred.
8-25 (c) The court may grant the director, without bond or other
8-26 undertaking:
8-27 (1) a prohibitory or mandatory injunction, including a
8-28 temporary restraining order; or
8-29 (2) after notice and hearing, a temporary or permanent
8-30 injunction.
9-1 (Sections 643.305 to 643.400 are reserved for expansion
9-2 SUBCHAPTER E. SAFETY PROGRAMS
9-3 Sec. 643.401. SAFETY AUDIT PROGRAM. The department shall
9-4 implement and enforce a safety audit program similar to the federal
9-5 program established under 49 C.F.R. Part 385 for a person who owns
9-6 or operates a commercial motor vehicle not subject to safety audits
9-7 by the federal government.
9-8 SECTION 2. (a) In addition to the substantive changes in
9-9 law made by this Act, this Act adds chapter 643, Transportation
9-10 Code, to conform to the change in law made by Section 3, Chapter
9-11 705, Acts of the 74th Legislature, 1995, relating to the regulation
9-12 of commercial motor vehicles.
9-13 (b) Article 6675d, Revised Statutes, is repealed.
9-14 (c) To the extent of any conflict, this Act prevails over
9-15 another Act of the 75th Legislature, Regular Session, 1997,
9-16 relating to nonsubstantive additions to and corrections in enacted
9-17 codes.
9-18 SECTION 3. The importance of this legislation and the
9-19 crowded condition of the calendars in both houses create an
9-20 emergency and an imperative public necessity that the
9-21 constitutional rule requiring bills to be read on three several
9-22 days in each house be suspended, and this rule is hereby suspended,
9-23 and that this Act take effect and be in force from and after its
9-24 passage, and it is so enacted.