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.