By: Shapleigh, et al. S.B. No. 1351
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of foreign involvement in commercial
1-2 motor transportation.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 1, Title 116, Revised Statutes, is
1-5 amended by adding Article 6675c-2 to read as follows:
1-6 Art. 6675c-2. FOREIGN COMMERCIAL MOTOR TRANSPORTATION
1-7 Sec. 1. DEFINITIONS. In this article:
1-8 (1) "Border" means the border between this state and
1-9 the United Mexican States.
1-10 (2) "Commercial motor vehicle" includes a foreign
1-11 commercial motor vehicle.
1-12 (3) "Border commercial zone" means a commercial zone
1-13 established under 49 C.F.R. Part 372, Subpart B, any portion of
1-14 which is contiguous to the border in this state.
1-15 (4) "Foreign commercial motor vehicle" means a
1-16 commercial motor vehicle, as defined by 49 C.F.R. Section 390.5,
1-17 that is owned or controlled by a person or entity that is domiciled
1-18 in or a citizen of a country other than the United States.
1-19 (5) "Motor carrier" includes a foreign motor carrier
1-20 and a foreign motor private carrier, as defined in 49 U.S.C.
1-21 Sections 13102(6) and (7).
1-22 Sec. 2. RULES. In addition to rules required by this
1-23 article, the Texas Department of Transportation, the Department of
2-1 Public Safety, and the Texas Department of Insurance may adopt
2-2 other rules to carry out this article.
2-3 Sec. 3. REFERENCE TO FEDERAL STATUTE OR REGULATION. A
2-4 reference in this article to a federal statute or regulation
2-5 includes any subsequent amendment or redesignation of the statute
2-6 or regulation.
2-7 Sec. 4. BORDER COMMERCIAL ZONE EXCLUSIVE; BOUNDARIES.
2-8 (a) A law or agreement of less than statewide application that is
2-9 adopted by an agency or political subdivision of this state and
2-10 that regulates motor carriers or commercial motor vehicles or the
2-11 operation of those carriers or vehicles in the transportation of
2-12 cargo across the border or within an area adjacent to the border by
2-13 foreign commercial motor vehicles has no effect unless the law or
2-14 agreement applies uniformly to an entire border commercial zone and
2-15 only in a border commercial zone. This section supersedes that
2-16 portion of any paired city, paired state, or similar understanding
2-17 governing foreign commercial motor vehicles or motor carriers
2-18 entered into under Section 502.054, Transportation Code, or any
2-19 other law.
2-20 (b) The boundaries of a border commercial zone may be
2-21 modified or established only as provided by federal law.
2-22 Sec. 5. REGISTRATION EXEMPTION IN BORDER COMMERCIAL ZONE.
2-23 (a) A foreign commercial motor vehicle is exempt from Chapter 502,
2-24 Transportation Code, and any other law of this state requiring the
2-25 vehicle to be registered in this state, including a law providing
3-1 for a temporary registration permit, if:
3-2 (1) the vehicle is engaged solely in transportation of
3-3 cargo across the border into or from a border commercial zone;
3-4 (2) for each load of cargo transported the vehicle
3-5 remains in this state:
3-6 (A) not more than 24 hours; or
3-7 (B) not more than 48 hours, if:
3-8 (i) the vehicle is unable to leave this
3-9 state within 24 hours because of circumstances beyond the control
3-10 of the motor carrier operating the vehicle; and
3-11 (ii) all financial responsibility
3-12 requirements applying to the vehicle are satisfied;
3-13 (3) the vehicle is registered and licensed as required
3-14 by the law of another state or country as evidenced by a valid
3-15 metal license plate attached to the front or rear of the exterior
3-16 of the vehicle; and
3-17 (4) the country in which the person that owns or
3-18 controls the vehicle is domiciled or is a citizen provides a
3-19 reciprocal exemption for commercial motor vehicles owned or
3-20 controlled by residents of this state.
3-21 (b) A foreign commercial motor vehicle operating under the
3-22 exemption provided by this section and the vehicle's driver may be
3-23 considered unregistered if the vehicle is operated in this state
3-24 outside a border commercial zone or in violation of United States
3-25 law.
4-1 Sec. 6. FINANCIAL RESPONSIBILITY. The Texas Department of
4-2 Transportation shall adopt rules that conform with 49 C.F.R. Part
4-3 387 requiring motor carriers operating foreign commercial motor
4-4 vehicles in this state to maintain financial responsibility. This
4-5 article prevails over any other requirement of state law relating
4-6 to financial responsibility for operation of those vehicles in this
4-7 state.
4-8 Sec. 7. DOMESTIC TRANSPORTATION. A foreign motor carrier or
4-9 foreign motor private carrier may not transport persons or cargo in
4-10 intrastate commerce in this state unless the carrier is authorized
4-11 to conduct operations in interstate and foreign commerce
4-12 domestically between points in the United States under federal law
4-13 or international agreement.
4-14 SECTION 2. Article 6675d, Revised Statutes, is amended by
4-15 adding Section 16 to read as follows:
4-16 Sec. 16. APPLICATION TO FOREIGN COMMERCIAL MOTOR VEHICLES.
4-17 Except as otherwise provided by law, this article also applies to
4-18 all foreign commercial motor vehicles, as defined by Section 1,
4-19 Article 6675c-2, Revised Statutes.
4-20 SECTION 3. This Act takes effect September 1, 1997.
4-21 SECTION 4. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.