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