By: Armbrister S.R. No. 982
SENATE RESOLUTION
1-1 BE IT RESOLVED by the Senate of the State of Texas, 75th
1-2 Legislature, Regular Session, 1997, That Senate Rule 12.03 be
1-3 suspended in part as provided by Senate Rule 12.08 to enable the
1-4 conference committee appointed to resolve the differences on Senate
1-5 Bill No. 370 to consider and take action on the following specific
1-6 matters:
1-7 (1) Senate Rule 12.03(4) is suspended to permit the
1-8 committee to add text on a matter that is not included in either
1-9 the house or senate version of the bill. The added text reads as
1-10 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,
2-1 Government Code.
2-2 (c) An administrative law judge's proposal for decision
2-3 rendered under Chapter 2001, Government Code, shall be submitted to
2-4 the director for adoption. Notwithstanding any law to the
2-5 contrary, the director may change a finding of fact or conclusion
2-6 of law made by the administrative law judge, or may vacate or
2-7 modify an order issued by the administrative law judge. The
2-8 director shall provide a written statement containing the reason
2-9 and legal basis for a change made under this subsection.
2-10 (d) The director's final order is subject to judicial review
2-11 under Chapter 2001, Government Code, under the substantial evidence
2-12 rule.
2-13 (e) This section does not waive state immunity from
2-14 liability.
2-15 (b) Notwithstanding any other law, the procedures prescribed
2-16 by Section 201.112, Transportation Code, as added by Subsection (a)
2-17 of this section, shall constitute the exclusive remedy at law for
2-18 the resolution of a claim governed by that section.
2-19 (c) Section 201.112, Transportation Code, as added by
2-20 Subsection (a) of this section, applies to any claim governed by
2-21 that section:
2-22 (1) filed with the Texas Department of Transportation
2-23 on or after the effective date of this Act; or
2-24 (2) pending before the Texas Department of
2-25 Transportation on the effective date of this Act.
3-1 (d) For purposes of Subsection (c)(2) of this section, a
3-2 claim is pending before the Texas Department of Transportation if
3-3 the claim has been filed, but the claimant has not sought judicial
3-4 review under Chapter 2001, Government Code.
3-5 EXPLANATION: This addition is necessary to codify into law
3-6 authority for:
3-7 (1) the Texas Transportation Commission to establish
3-8 procedures for the informal resolution of contract claims against
3-9 the Texas Department of Transportation;
3-10 (2) an aggrieved claimant to obtain a hearing under
3-11 the Administrative Procedure Act; and
3-12 (3) the judicial appeal of a contract claim by an
3-13 aggrieved claimant.
3-14 (2) Senate Rule 12.03(4) is suspended to permit the
3-15 committee to add text on a matter that is not included in either
3-16 the house or senate version of the bill. The added text reads as
3-17 follows:
3-18 SECTION 1.____. (a) Section 472.011, Transportation Code,
3-19 is amended to read as follows:
3-20 Sec. 472.011. Definition. In this subchapter, "personal
3-21 property" includes personal property of any kind or character,
3-22 including:
3-23 (1) a vehicle, as defined by Section 502.001, that is
3-24 damaged or disabled;
3-25 (2) spilled cargo; [,]
4-1 (3) a hazardous material as defined by 49 U.S.C. App.
4-2 Section 1802; [,] and
4-3 (4) a hazardous substance as defined by Section
4-4 26.263, Water Code.
4-5 (b) Section 472.014, Transportation Code, is amended to read
4-6 as follows:
4-7 Sec. 472.014. Department Not Liable for Damages.
4-8 Notwithstanding any other provision of law, the [The] department
4-9 and its officers and employees are not liable for:
4-10 (1) any damage to personal property resulting from its
4-11 removal or disposal by the department unless the removal or
4-12 disposal is carried out recklessly or in a grossly negligent
4-13 manner; or
4-14 (2) any damage resulting from the failure to exercise
4-15 authority granted under this subchapter.
4-16 EXPLANATION: This addition is necessary to clarify the Texas
4-17 Department of Transportation's liability concerning its authority
4-18 to remove damaged or disabled vehicles from roadways and roadway
4-19 rights-of-way in this state in circumstances where those vehicles
4-20 impede the free flow of vehicular traffic or endanger motorists
4-21 using those roadways.
4-22 (3) Senate Rule 12.03(4) is suspended to permit the
4-23 committee to add text on a matter that is not included in either
4-24 the house or senate version of the bill. The added text reads as
4-25 follows:
5-1 SECTION 1.___. Subchapter H, Chapter 545, Transportation
5-2 Code, is amended by adding Section 545.3535 to read as follows:
5-3 Sec. 545.3535. AUTHORITY OF TEXAS TRANSPORTATION COMMISSION
5-4 TO ALTER SPEED LIMITS ON CERTAIN ROADS. (a) The commissioners
5-5 court of a county may request the Texas Transportation Commission
5-6 to determine and declare a reasonable and safe prima facie speed
5-7 limit that is lower than a speed limit established by Section
5-8 545.352 on any part of a farm-to-market or a ranch-to-market road
5-9 of the highway system that is located in that county and has a
5-10 pavement width of 20 feet or less.
5-11 (b) If the commission receives a request under Subsection
5-12 (a), the commission shall publish in a newspaper of general
5-13 circulation in the affected county notice of:
5-14 (1) the request of the commissioners court; and
5-15 (2) the time and place of a hearing in the county on
5-16 the request.
5-17 (c) The commission may elect to determine and declare a
5-18 lower speed limit on any part of the road without an engineering
5-19 and traffic investigation, but the commission must use sound and
5-20 generally accepted traffic engineering practices in determining and
5-21 declaring the lower speed limit.
5-22 (d) The commission by rule shall establish standards for
5-23 determining lower speed limits within a set range.
5-24 EXPLANATION: This addition is necessary for the safe
5-25 operation of vehicles on narrow farm-to-market and ranch-to-market
6-1 roads.
6-2 (4) Senate Rule 12.03(4) is suspended to permit the
6-3 committee to add text on a matter that is not included in either
6-4 the house or senate version of the bill. The added text reads as
6-5 follows:
6-6 SECTION 4.___. (a) Section 642.001, Transportation Code, is
6-7 amended by adding Subdivision (6) to read as follows:
6-8 (6) "Tow truck" has the meaning assigned that term by
6-9 Section 643.001.
6-10 (b) Section 642.002, Transportation Code, is amended to read
6-11 as follows:
6-12 Sec. 642.002. Identifying Markings on Certain Vehicles
6-13 Required; Offense; Penalty. (a) A person commits an offense if:
6-14 (1) the person operates on a public street, road, or
6-15 highway:
6-16 (A) a commercial motor vehicle that has three or
6-17 more axles;
6-18 (B) a truck-tractor; [or]
6-19 (C) a road-tractor; or
6-20 (D) a tow truck; and
6-21 (2) the vehicle does not have on each side of the
6-22 power unit identifying markings that:
6-23 (A) show the name and address, including city
6-24 and state, of the owner or operator of the vehicle; [and]
6-25 (B) have clearly legible letters and numbers of
7-1 a height of at least two inches; and
7-2 (C) show the motor carrier registration number
7-3 in clearly legible letters and numbers, if the vehicle is required
7-4 to be registered under this chapter.
7-5 (b) The owner of a vehicle commits an offense if the owner
7-6 or operator permits another to operate a vehicle in violation of
7-7 Subsection (a).
7-8 (c) The Texas Department of Transportation by rule may
7-9 prescribe additional requirements regarding the form of the
7-10 markings required by Subsection (a)(2) that are not inconsistent
7-11 with that subsection.
7-12 (d) An offense under this section is a Class C misdemeanor.
7-13 EXPLANATION: This addition is necessary to protect consumers
7-14 and other members of the public by requiring that tow trucks be
7-15 clearly marked so as to identify the owner or operator of the tow
7-16 truck.
7-17 (5) Senate Rule 12.03(4) is suspended to permit the
7-18 committee to add text on a matter that is not included in either
7-19 the house or senate version of the bill. The added text reads as
7-20 follows:
7-21 SECTION 3.___. Section 3.05, Texas Motor Vehicle Commission
7-22 Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
7-23 to read as follows:
7-24 Sec. 3.05. INVESTIGATION; ENFORCEMENT. (a) Whenever the
7-25 Board [Commission] has reason to believe, through receipt of a
8-1 complaint or otherwise, that a violation of this Act or a Board
8-2 [Commission] rule, order, or decision has occurred or is likely to
8-3 occur, the Board [Commission] shall conduct an investigation unless
8-4 it determines that a complaint is frivolous or for the purpose of
8-5 harassment. If the Board's [Commission's] investigation
8-6 establishes that a violation of this Act or a Board [Commission]
8-7 rule, order, or decision has occurred or is likely to occur, the
8-8 Board [Commission] shall institute proceedings as it deems
8-9 appropriate to enforce this Act or its rules, orders, and
8-10 decisions.
8-11 (b) Notwithstanding Subsection (a) of this section, another
8-12 provision of this Act, or Board rule, the Board may not file a
8-13 complaint alleging a violation of this Act or a Board rule relating
8-14 to advertising until the Board has notified the licensee involved
8-15 of the alleged violation and given the licensee an opportunity to
8-16 cure the violation without further proceedings or liability.
8-17 EXPLANATION: This addition is necessary to amend the Texas
8-18 Motor Vehicle Commission Code to prohibit the Motor Vehicle Board
8-19 of the Texas Department of Transportation from initiating a
8-20 proceeding against the holder of a license for a violation of that
8-21 code without first giving the license holder the opportunity to
8-22 cure the alleged violation.
8-23 (6) Senate Rule 12.03(4) is suspended to permit the
8-24 committee to add text on a matter that is not included in either
8-25 the house or senate version of the bill. The added text reads as
9-1 follows:
9-2 SECTION 4.___. (a) Chapter 1, Title 116, Revised Statutes,
9-3 is amended by adding Article 6675c-2 to read as follows:
9-4 Art. 6675c-2. FOREIGN COMMERCIAL MOTOR TRANSPORTATION
9-5 Sec. 1. DEFINITIONS. In this article:
9-6 (1) "Border" means the border between this state and
9-7 the United Mexican States.
9-8 (2) "Commercial motor vehicle" includes a foreign
9-9 commercial motor vehicle.
9-10 (3) "Border commercial zone" means a commercial zone
9-11 established under 49 C.F.R. Part 372, Subpart B, any portion of
9-12 which is contiguous to the border in this state.
9-13 (4) "Foreign commercial motor vehicle" means a
9-14 commercial motor vehicle, as defined by 49 C.F.R. Section 390.5,
9-15 that is owned or controlled by a person or entity that is domiciled
9-16 in or a citizen of a country other than the United States.
9-17 (5) "Motor carrier" includes a foreign motor carrier
9-18 and a foreign motor private carrier, as defined in 49 U.S.C.
9-19 Sections 13102(6) and (7).
9-20 Sec. 2. RULES. In addition to rules required by this
9-21 article, the Texas Department of Transportation, the Department of
9-22 Public Safety, and the Texas Department of Insurance may adopt
9-23 other rules to carry out this article.
9-24 Sec. 3. REFERENCE TO FEDERAL STATUTE OR REGULATION. A
9-25 reference in this article to a federal statute or regulation
10-1 includes any subsequent amendment or redesignation of the statute
10-2 or regulation.
10-3 Sec. 4. BORDER COMMERCIAL ZONE EXCLUSIVE; BOUNDARIES.
10-4 (a) A law or agreement of less than statewide application that is
10-5 adopted by an agency or political subdivision of this state and
10-6 that regulates motor carriers or commercial motor vehicles or the
10-7 operation of those carriers or vehicles in the transportation of
10-8 cargo across the border or within an area adjacent to the border by
10-9 foreign commercial motor vehicles has no effect unless the law or
10-10 agreement applies uniformly to an entire border commercial zone and
10-11 only in a border commercial zone. This section supersedes that
10-12 portion of any paired city, paired state, or similar understanding
10-13 governing foreign commercial motor vehicles or motor carriers
10-14 entered into under Section 502.054, Transportation Code, or any
10-15 other law.
10-16 (b) The boundaries of a border commercial zone may be
10-17 modified or established only as provided by federal law.
10-18 Sec. 5. REGISTRATION EXEMPTION IN BORDER COMMERCIAL ZONE.
10-19 (a) A foreign commercial motor vehicle is exempt from Chapter 502,
10-20 Transportation Code, and any other law of this state requiring the
10-21 vehicle to be registered in this state, including a law providing
10-22 for a temporary registration permit, if:
10-23 (1) the vehicle is engaged solely in transportation of
10-24 cargo across the border into or from a border commercial zone;
10-25 (2) for each load of cargo transported the vehicle
11-1 remains in this state:
11-2 (A) not more than 24 hours; or
11-3 (B) not more than 48 hours, if:
11-4 (i) the vehicle is unable to leave this
11-5 state within 24 hours because of circumstances beyond the control
11-6 of the motor carrier operating the vehicle; and
11-7 (ii) all financial responsibility
11-8 requirements applying to the vehicle are satisfied;
11-9 (3) the vehicle is registered and licensed as required
11-10 by the law of another state or country as evidenced by a valid
11-11 metal license plate attached to the front or rear of the exterior
11-12 of the vehicle; and
11-13 (4) the country in which the person that owns or
11-14 controls the vehicle is domiciled or is a citizen provides a
11-15 reciprocal exemption for commercial motor vehicles owned or
11-16 controlled by residents of this state.
11-17 (b) A foreign commercial motor vehicle operating under the
11-18 exemption provided by this section and the vehicle's driver may be
11-19 considered unregistered if the vehicle is operated in this state
11-20 outside a border commercial zone or in violation of United States
11-21 law.
11-22 Sec. 6. FINANCIAL RESPONSIBILITY. The Texas Department of
11-23 Transportation shall adopt rules that conform with 49 C.F.R. Part
11-24 387 requiring motor carriers operating foreign commercial motor
11-25 vehicles in this state to maintain financial responsibility. This
12-1 article prevails over any other requirement of state law relating
12-2 to financial responsibility for operation of those vehicles in this
12-3 state.
12-4 Sec. 7. DOMESTIC TRANSPORTATION. A foreign motor carrier or
12-5 foreign motor private carrier may not transport persons or cargo in
12-6 intrastate commerce in this state unless the carrier is authorized
12-7 to conduct operations in interstate and foreign commerce
12-8 domestically between points in the United States under federal law
12-9 or international agreement.
12-10 (b) Article 6675d, Revised Statutes, is amended by adding
12-11 Section 16 to read as follows:
12-12 Sec. 16. APPLICATION TO FOREIGN COMMERCIAL MOTOR VEHICLES.
12-13 Except as otherwise provided by law, this article also applies to
12-14 all foreign commercial motor vehicles, as defined by Section 1,
12-15 Article 6675c-2, Revised Statutes.
12-16 EXPLANATION: This addition is necessary to:
12-17 (1) provide for the operation of certain foreign
12-18 commercial motor vehicles that are:
12-19 (A) not registered or temporarily registered in
12-20 this state in commercial zones established under federal law along
12-21 the border between the United States and the United Mexican States;
12-22 (B) operated in this state only temporarily; and
12-23 (C) registered in a country that grants
12-24 reciprocity to vehicles registered in this state; and
12-25 (D) in compliance with proposed Article 6675c-2
13-1 and rules adopted under the statute by the Texas Department of
13-2 Transportation, the Department of Public Safety, and the Texas
13-3 Department of Insurance; and
13-4 (2) authorize the state agencies listed above to adopt
13-5 rules to carry out proposed Article 6675c-2.
13-6 ______________________________________
13-7 President of the Senate
13-8 I hereby certify that the above
13-9 Resolution was adopted by the Senate
13-10 on May 31, 1997, by the following vote:
13-11 Yeas 30, Nays 0.
13-12 ______________________________________
13-13 Secretary of the Senate