R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, 75th Legislature, Regular Session, 1997, That House Rule
1-3 13, Section 9(a), be suspended in part as provided by House Rule
1-4 13, Section 9(f), to enable the conference committee appointed to
1-5 resolve the differences on Senate Bill No. 370 to consider and take
1-6 action on the following specific matters:
1-7 (1) House Rule 13, Section 9(a)(4), is suspended to permit
1-8 the committee to add text on a matter that is not included in
1-9 either the house or senate version of the bill. The added text
1-10 reads as follows:
1-11 SECTION 1.___. (a) Subchapter C, Chapter 201,
1-12 Transportation Code, is amended by adding Section 201.112 to read
1-13 as follows:
1-14 Sec. 201.112. CONTRACT CLAIMS. (a) The commission may by
1-15 rule establish procedures for the informal resolution of a claim
1-16 arising out of a contract described by:
1-17 (1) Section 22.018;
1-18 (2) Chapter 223; or
1-19 (3) Chapter 2254, Government Code.
1-20 (b) If a person with a claim is dissatisfied with the
1-21 department's resolution of the claim under the procedures
1-22 authorized under Subsection (a), the person may request a formal
1-23 administrative hearing to resolve the claim under Chapter 2001,
1-24 Government Code.
2-1 (c) An administrative law judge's proposal for decision
2-2 rendered under Chapter 2001, Government Code, shall be submitted to
2-3 the director for adoption. Notwithstanding any law to the
2-4 contrary, the director may change a finding of fact or conclusion
2-5 of law made by the administrative law judge, or may vacate or
2-6 modify an order issued by the administrative law judge. The
2-7 director shall provide a written statement containing the reason
2-8 and legal basis for a change made under this subsection.
2-9 (d) The director's final order is subject to judicial review
2-10 under Chapter 2001, Government Code, under the substantial evidence
2-11 rule.
2-12 (e) This section does not waive state immunity from
2-13 liability.
2-14 (b) Notwithstanding any other law, the procedures prescribed
2-15 by Section 201.112, Transportation Code, as added by Subsection (a)
2-16 of this section, shall constitute the exclusive remedy at law for
2-17 the resolution of a claim governed by that section.
2-18 (c) Section 201.112, Transportation Code, as added by
2-19 Subsection (a) of this section, applies to any claim governed by
2-20 that section:
2-21 (1) filed with the Texas Department of Transportation
2-22 on or after the effective date of this Act; or
2-23 (2) pending before the Texas Department of
2-24 Transportation on the effective date of this Act.
2-25 (d) For purposes of Subsection (c)(2) of this section, a
2-26 claim is pending before the Texas Department of Transportation if
2-27 the claim has been filed, but the claimant has not sought judicial
3-1 review under Chapter 2001, Government Code.
3-2 EXPLANATION: This addition is necessary to codify into law
3-3 authority for:
3-4 (1) the Texas Transportation Commission to establish
3-5 procedures for the informal resolution of contract claims against
3-6 the Texas Department of Transportation;
3-7 (2) an aggrieved claimant to obtain a hearing under
3-8 the Administrative Procedure Act; and
3-9 (3) the judicial appeal of a contract claim by an
3-10 aggrieved claimant.
3-11 (2) House Rule 13, Section 9(a)(4), is suspended to permit
3-12 the committee to add text on a matter that is not included in
3-13 either the house or senate version of the bill. The added text
3-14 reads as follows:
3-15 SECTION 1.____. (a) Section 472.011, Transportation Code,
3-16 is amended to read as follows:
3-17 Sec. 472.011. Definition. In this subchapter, "personal
3-18 property" includes personal property of any kind or character,
3-19 including:
3-20 (1) a vehicle, as defined by Section 502.001, that is
3-21 damaged or disabled;
3-22 (2) spilled cargo;[,]
3-23 (3) a hazardous material as defined by 49 U.S.C. App.
3-24 Section 1802;[,] and
3-25 (4) a hazardous substance as defined by Section
3-26 26.263, Water Code.
3-27 (b) Section 472.014, Transportation Code, is amended to read
4-1 as follows:
4-2 Sec. 472.014. Department Not Liable for Damages.
4-3 Notwithstanding any other provision of law, the [The] department
4-4 and its officers and employees are not liable for:
4-5 (1) any damage to personal property resulting from its
4-6 removal or disposal by the department unless the removal or
4-7 disposal is carried out recklessly or in a grossly negligent
4-8 manner; or
4-9 (2) any damage resulting from the failure to exercise
4-10 authority granted under this subchapter.
4-11 EXPLANATION: This addition is necessary to clarify the Texas
4-12 Department of Transportation's liability concerning its authority
4-13 to remove damaged or disabled vehicles from roadways and roadway
4-14 rights-of-way in this state in circumstances where those vehicles
4-15 impede the free flow of vehicular traffic or endanger motorists
4-16 using those roadways.
4-17 (3) House Rule 13, Section 9(a)(4), is suspended to permit
4-18 the committee to add text on a matter that is not included in
4-19 either the house or senate version of the bill. The added text
4-20 reads as follows:
4-21 SECTION 1.___. Subchapter H, Chapter 545, Transportation
4-22 Code, is amended by adding Section 545.3535 to read as follows:
4-23 Sec. 545.3535. AUTHORITY OF TEXAS TRANSPORTATION COMMISSION
4-24 TO ALTER SPEED LIMITS ON CERTAIN ROADS. (a) The commissioners
4-25 court of a county may request the Texas Transportation Commission
4-26 to determine and declare a reasonable and safe prima facie speed
4-27 limit that is lower than a speed limit established by Section
5-1 545.352 on any part of a farm-to-market or a ranch-to-market road
5-2 of the highway system that is located in that county and has a
5-3 pavement width of 20 feet or less.
5-4 (b) If the commission receives a request under Subsection
5-5 (a), the commission shall publish in a newspaper of general
5-6 circulation in the affected county notice of:
5-7 (1) the request of the commissioners court; and
5-8 (2) the time and place of a hearing in the county on
5-9 the request.
5-10 (c) The commission may elect to determine and declare a
5-11 lower speed limit on any part of the road without an engineering
5-12 and traffic investigation, but the commission must use sound and
5-13 generally accepted traffic engineering practices in determining and
5-14 declaring the lower speed limit.
5-15 (d) The commission by rule shall establish standards for
5-16 determining lower speed limits within a set range.
5-17 EXPLANATION: This addition is necessary for the safe
5-18 operation of vehicles on narrow farm-to-market and ranch-to-market
5-19 roads.
5-20 (4) House Rule 13, Section 9(a)(4), is suspended to permit
5-21 the committee to add text on a matter that is not included in
5-22 either the house or senate version of the bill. The added text
5-23 reads as follows:
5-24 SECTION 4.___. (a) Section 642.001, Transportation Code, is
5-25 amended by adding Subdivision (6) to read as follows:
5-26 (6) "Tow truck" has the meaning assigned that term by
5-27 Section 643.001.
6-1 (b) Section 642.002, Transportation Code, is amended to read
6-2 as follows:
6-3 Sec. 642.002. IDENTIFYING MARKINGS ON CERTAIN VEHICLES
6-4 REQUIRED; OFFENSE; PENALTY. (a) A person commits an
6-5 offense if:
6-6 (1) the person operates on a public street, road, or
6-7 highway:
6-8 (A) a commercial motor vehicle that has three or
6-9 more axles;
6-10 (B) a truck-tractor; [or]
6-11 (C) a road-tractor; or
6-12 (D) a tow truck; and
6-13 (2) the vehicle does not have on each side of the
6-14 power unit identifying markings that:
6-15 (A) show the name and address, including city
6-16 and state, of the owner or operator of the vehicle; [and]
6-17 (B) have clearly legible letters and numbers of
6-18 a height of at least two inches; and
6-19 (C) show the motor carrier registration number
6-20 in clearly legible letters and numbers, if the vehicle is required
6-21 to be registered under this chapter.
6-22 (b) The owner of a vehicle commits an offense if the owner
6-23 or operator permits another to operate a vehicle in violation of
6-24 Subsection (a).
6-25 (c) The Texas Department of Transportation by rule may
6-26 prescribe additional requirements regarding the form of the
6-27 markings required by Subsection (a)(2) that are not inconsistent
7-1 with that subsection.
7-2 (d) An offense under this section is a Class C misdemeanor.
7-3 EXPLANATION: This addition is necessary to protect consumers
7-4 and other members of the public by requiring that tow trucks be
7-5 clearly marked so as to identify the owner or operator of the tow
7-6 truck.
7-7 (5) House Rule 13, Section 9(a)(4), is suspended to permit
7-8 the committee to add text on a matter that is not included in
7-9 either the house or senate version of the bill. The added text
7-10 reads as follows:
7-11 SECTION 3.___. Section 3.05, Texas Motor Vehicle Commission
7-12 Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
7-13 to read as follows:
7-14 Sec. 3.05. INVESTIGATION; ENFORCEMENT. (a) Whenever the
7-15 Board [Commission] has reason to believe, through receipt of a
7-16 complaint or otherwise, that a violation of this Act or a Board
7-17 [Commission] rule, order, or decision has occurred or is likely to
7-18 occur, the Board [Commission] shall conduct an investigation unless
7-19 it determines that a complaint is frivolous or for the purpose of
7-20 harassment. If the Board's [Commission's] investigation
7-21 establishes that a violation of this Act or a Board [Commission]
7-22 rule, order, or decision has occurred or is likely to occur, the
7-23 Board [Commission] shall institute proceedings as it deems
7-24 appropriate to enforce this Act or its rules, orders, and
7-25 decisions.
7-26 (b) Notwithstanding Subsection (a) of this section, another
7-27 provision of this Act, or Board rule, the Board may not file a
8-1 complaint alleging a violation of this Act or a Board rule relating
8-2 to advertising until the Board has notified the licensee involved
8-3 of the alleged violation and given the licensee an opportunity to
8-4 cure the violation without further proceedings or liability.
8-5 EXPLANATION: This addition is necessary to amend the Texas
8-6 Motor Vehicle Commission Code to prohibit the Motor Vehicle Board
8-7 of the Texas Department of Transportation from initiating a
8-8 proceeding against the holder of a license for a violation of that
8-9 code without first giving the license holder the opportunity to
8-10 cure the alleged violation.
8-11 (6) House Rule 13, Section 9(a)(4), is suspended to permit
8-12 the committee to add text on a matter that is not included in
8-13 either the house or senate version of the bill. The added text
8-14 reads as follows:
8-15 SECTION 4.___. (a) Chapter 1, Title 116, Revised Statutes,
8-16 is amended by adding Article 6675c-2 to read as follows:
8-17 Art. 6675c-2. FOREIGN COMMERCIAL MOTOR TRANSPORTATION
8-18 Sec. 1. DEFINITIONS. In this article:
8-19 (1) "Border" means the border between this state and
8-20 the United Mexican States.
8-21 (2) "Commercial motor vehicle" includes a foreign
8-22 commercial motor vehicle.
8-23 (3) "Border commercial zone" means a commercial zone
8-24 established under 49 C.F.R. Part 372, Subpart B, any portion of
8-25 which is contiguous to the border in this state.
8-26 (4) "Foreign commercial motor vehicle" means a
8-27 commercial motor vehicle, as defined by 49 C.F.R. Section 390.5,
9-1 that is owned or controlled by a person or entity that is domiciled
9-2 in or a citizen of a country other than the United States.
9-3 (5) "Motor carrier" includes a foreign motor carrier
9-4 and a foreign motor private carrier, as defined in 49 U.S.C.
9-5 Sections 13102(6) and (7).
9-6 Sec. 2. RULES. In addition to rules required by this
9-7 article, the Texas Department of Transportation, the Department of
9-8 Public Safety, and the Texas Department of Insurance may adopt
9-9 other rules to carry out this article.
9-10 Sec. 3. REFERENCE TO FEDERAL STATUTE OR REGULATION. A
9-11 reference in this article to a federal statute or regulation
9-12 includes any subsequent amendment or redesignation of the statute
9-13 or regulation.
9-14 Sec. 4. BORDER COMMERCIAL ZONE EXCLUSIVE; BOUNDARIES. (a)
9-15 A law or agreement of less than statewide application that is
9-16 adopted by an agency or political subdivision of this state and
9-17 that regulates motor carriers or commercial motor vehicles or the
9-18 operation of those carriers or vehicles in the transportation of
9-19 cargo across the border or within an area adjacent to the border by
9-20 foreign commercial motor vehicles has no effect unless the law or
9-21 agreement applies uniformly to an entire border commercial zone and
9-22 only in a border commercial zone. This section supersedes that
9-23 portion of any paired city, paired state, or similar understanding
9-24 governing foreign commercial motor vehicles or motor carriers
9-25 entered into under Section 502.054, Transportation Code, or any
9-26 other law.
9-27 (b) The boundaries of a border commercial zone may be
10-1 modified or established only as provided by federal law.
10-2 Sec. 5. REGISTRATION EXEMPTION IN BORDER COMMERCIAL ZONE.
10-3 (a) A foreign commercial motor vehicle is exempt from Chapter
10-4 502, Transportation Code, and any other law of this state requiring
10-5 the vehicle to be registered in this state, including a law
10-6 providing for a temporary registration permit, if:
10-7 (1) the vehicle is engaged solely in transportation of
10-8 cargo across the border into or from a border commercial zone;
10-9 (2) for each load of cargo transported the vehicle
10-10 remains in this state:
10-11 (A) not more than 24 hours; or
10-12 (B) not more than 48 hours, if:
10-13 (i) the vehicle is unable to leave this
10-14 state within 24 hours because of circumstances beyond the control
10-15 of the motor carrier operating the vehicle; and
10-16 (ii) all financial responsibility
10-17 requirements applying to the vehicle are satisfied;
10-18 (3) the vehicle is registered and licensed as required
10-19 by the law of another state or country as evidenced by a valid
10-20 metal license plate attached to the front or rear of the exterior
10-21 of the vehicle; and
10-22 (4) the country in which the person that owns or
10-23 controls the vehicle is domiciled or is a citizen provides a
10-24 reciprocal exemption for commercial motor vehicles owned or
10-25 controlled by residents of this state.
10-26 (b) A foreign commercial motor vehicle operating under the
10-27 exemption provided by this section and the vehicle's driver may be
11-1 considered unregistered if the vehicle is operated in this state
11-2 outside a border commercial zone or in violation of United States
11-3 law.
11-4 Sec. 6. FINANCIAL RESPONSIBILITY. The Texas Department of
11-5 Transportation shall adopt rules that conform with 49 C.F.R. Part
11-6 387 requiring motor carriers operating foreign commercial motor
11-7 vehicles in this state to maintain financial responsibility. This
11-8 article prevails over any other requirement of state law relating
11-9 to financial responsibility for operation of those vehicles in this
11-10 state.
11-11 Sec. 7. DOMESTIC TRANSPORTATION. A foreign motor carrier or
11-12 foreign motor private carrier may not transport persons or cargo in
11-13 intrastate commerce in this state unless the carrier is authorized
11-14 to conduct operations in interstate and foreign commerce
11-15 domestically between points in the United States under federal law
11-16 or international agreement.
11-17 (b) Article 6675d, Revised Statutes, is amended by adding
11-18 Section 16 to read as follows:
11-19 Sec. 16. APPLICATION TO FOREIGN COMMERCIAL MOTOR VEHICLES.
11-20 Except as otherwise provided by law, this article also applies to
11-21 all foreign commercial motor vehicles, as defined by Section 1,
11-22 Article 6675c-2, Revised Statutes.
11-23 EXPLANATION: This addition is necessary to:
11-24 (1) provide for the operation of certain foreign
11-25 commercial motor vehicles that are:
11-26 (A) not registered or temporarily registered in
11-27 this state in commercial zones established under federal law along
12-1 the border between the United States and the United Mexican States;
12-2 (B) operated in this state only temporarily; and
12-3 (C) registered in a country that grants
12-4 reciprocity to vehicles registered in this state; and
12-5 (D) in compliance with proposed Article 6675c-2
12-6 and rules adopted under the statute by the Texas Department of
12-7 Transportation, the Department of Public Safety, and the Texas
12-8 Department of Insurance; and
12-9 (2) authorize the state agencies listed above to adopt
12-10 rules to carry out proposed Article 6675c-2.
Chisum
_______________________________
Speaker of the House
I certify that H.R. No. 1300 was adopted by the House on May
31, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House