By Sibley S.B. No. 689
75R6431 DRH-F
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(e) and (f), Article 6675c, Revised
1-23 Statutes, are amended to read as follows:
1-24 (e) A [rule adopted under Subsection (c) of this section
2-1 authorizing a] motor carrier transporting household goods may [to]
2-2 offer insurance for the full value of a customer's property.
2-3 Insurance offered under this subsection does not constitute the
2-4 unauthorized practice of the insurance business under Article
2-5 1.14-1, Insurance Code.
2-6 (f) The department shall appoint a rules advisory committee
2-7 consisting of representatives of motor carriers transporting
2-8 household goods, the public, and the department. The committee
2-9 shall examine the rules adopted by the department under Subsection
2-10 (c) of this section and make recommendations to the department on
2-11 modernizing and streamlining the rules. The recommendations may
2-12 vary from the requirements of Subsection (c) of this section. The
2-13 department may adopt all or any part of the committee's
2-14 recommendations. Members of the committee serve at the pleasure of
2-15 the department and are not entitled to compensation or
2-16 reimbursement of expenses for serving on the committee. The
2-17 department may adopt rules to govern the operations of the advisory
2-18 committee. [All collective associations of motor carriers
2-19 transporting household goods, or agents thereof, which have
2-20 received approval for collective ratemaking agreements under
2-21 Section 9(d) of this article shall provide a method of mediation
2-22 for consumers to receive resolution through mediation of disputes
2-23 over fees, damages, and services. All costs associated with such
2-24 mediation shall be borne by the motor carriers, the agents thereof,
2-25 or the association. All carriers and agents who are parties to
2-26 collective agreements approved under Section 9(d) of this article
2-27 must participate in consumer complaint resolution, including
3-1 participation in the mediation process and advertisement of the
3-2 availability of mediation in all contracts or estimate proposals.
3-3 Any complaint mediation that is not resolved to the mutual
3-4 agreement of all parties shall be reported to the department.
3-5 Consumers shall be advised of their rights to seek resolution
3-6 directly from the department. The department shall adopt rules
3-7 that ensure such notification is available to consumers in a form
3-8 and manner consistent with its duties under Subsection (c) of this
3-9 section.]
3-10 SECTION 3. Section 1(1), Article 6675d, Revised Statutes, is
3-11 amended to read as follows:
3-12 (1) "Commercial motor vehicle" means:
3-13 (A) a motor vehicle described by Section
3-14 548.001(1), Transportation Code; or
3-15 (B) a motor vehicle transporting household
3-16 goods, as defined by 49 U.S.C. Section 13102, for compensation
3-17 [has the meaning assigned by Section 140A, Uniform Act Regulating
3-18 Traffic on Highways (Article 6701d, Vernon's Texas Civil
3-19 Statutes)].
3-20 SECTION 4. This Act takes effect September 1, 1997.
3-21 SECTION 5. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended.