By Armbrister                                          S.R. No. 982

         75R17479 JD-D                           

                                 R E S O L U T I O N

 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,

1-24     Government Code.

 2-1           (c)  An administrative law judge's proposal for decision

 2-2     rendered under Chapter 2001, Government Code, shall be submitted to

 2-3     the director for adoption.  Notwithstanding any law to the

 2-4     contrary, the director may change a finding of fact or conclusion

 2-5     of law made by the administrative law judge, or may vacate or

 2-6     modify an order issued by the administrative law judge.  The

 2-7     director shall provide a written statement containing the reason

 2-8     and legal basis for a change made under this subsection.

 2-9           (d)  The director's final order is subject to judicial review

2-10     under Chapter 2001, Government Code, under the substantial evidence

2-11     rule.

2-12           (e)  This section does not waive state immunity from

2-13     liability.

2-14           (b)  Notwithstanding any other law, the procedures prescribed

2-15     by Section 201.112, Transportation Code, as added by Subsection (a)

2-16     of this section, shall constitute the exclusive remedy at law for

2-17     the resolution of a claim governed by that section.

2-18           (c)  Section 201.112, Transportation Code, as added by

2-19     Subsection (a) of this section, applies to any claim governed by

2-20     that section:

2-21                 (1)  filed with the Texas Department of Transportation

2-22     on or after the effective date of this Act; or

2-23                 (2)  pending before the Texas Department of

2-24     Transportation on the effective date of this Act.

2-25           (d)  For purposes of Subsection (c)(2) of this section, a

2-26     claim is pending before the Texas Department of Transportation if

2-27     the claim has been filed, but the claimant has not sought judicial

 3-1     review under Chapter 2001, Government Code.

 3-2           EXPLANATION:  This addition is necessary to codify into law

 3-3     authority for:

 3-4                 (1)  the Texas Transportation Commission to establish

 3-5     procedures for the informal resolution of contract claims against

 3-6     the Texas Department of Transportation;

 3-7                 (2)  an aggrieved claimant to obtain a hearing under

 3-8     the Administrative Procedure Act; and

 3-9                 (3)  the judicial appeal of a contract claim by an

3-10     aggrieved claimant.

3-11           (2)  Senate Rule 12.03(4) is suspended to permit the

3-12     committee to add text on a matter that is not included in either

3-13     the house or senate version of the bill.  The added text reads as

3-14     follows:

3-15           SECTION 1.____.  (a)  Section 472.011, Transportation Code,

3-16     is amended to read as follows:

3-17           Sec. 472.011.  Definition.  In this subchapter, "personal

3-18     property" includes personal property of any kind or character,

3-19     including:

3-20                 (1)  a vehicle, as defined by Section 502.001, that is

3-21     damaged or disabled;

3-22                 (2)  spilled cargo; [,]

3-23                 (3)  a hazardous material as defined by 49 U.S.C. App.

3-24     Section 1802; [,] and

3-25                 (4)  a hazardous substance as defined by Section

3-26     26.263, Water Code.

3-27           (b)  Section 472.014, Transportation Code, is amended to read

 4-1     as follows:

 4-2           Sec. 472.014.  Department Not Liable for Damages.

 4-3     Notwithstanding any other provision of law, the [The] department

 4-4     and its officers and employees are not liable for:

 4-5                 (1)  any damage to personal property resulting from its

 4-6     removal or disposal by the department unless the removal or

 4-7     disposal is carried out recklessly or in a grossly negligent

 4-8     manner; or

 4-9                 (2)  any damage resulting from the failure to exercise

4-10     authority granted under this subchapter.

4-11           EXPLANATION:  This addition is necessary to clarify the Texas

4-12     Department of Transportation's liability concerning its authority

4-13     to remove damaged or disabled vehicles from roadways and roadway

4-14     rights-of-way in this state in circumstances where those vehicles

4-15     impede the free flow of vehicular traffic or endanger motorists

4-16     using those roadways.

4-17           (3)  Senate Rule 12.03(4) is suspended to permit the

4-18     committee to add text on a matter that is not included in either

4-19     the house or senate version of the bill.  The added text reads as

4-20     follows:

4-21           SECTION 1.___.  Subchapter H, Chapter 545, Transportation

4-22     Code, is amended by adding Section 545.3535 to read as follows:

4-23           Sec. 545.3535.  AUTHORITY OF TEXAS TRANSPORTATION COMMISSION

4-24     TO ALTER SPEED LIMITS ON CERTAIN ROADS.  (a)  The commissioners

4-25     court of a county may request the Texas Transportation Commission

4-26     to determine and declare a reasonable and safe prima facie speed

4-27     limit that is lower than a speed limit established by Section

 5-1     545.352 on any part of a farm-to-market or a ranch-to-market road

 5-2     of the highway system that is located in that county and has a

 5-3     pavement width of 20 feet or less.

 5-4           (b)  If the commission receives a request under Subsection

 5-5     (a), the commission shall publish in a newspaper of general

 5-6     circulation in the affected county notice of:

 5-7                 (1)  the request of the commissioners court; and

 5-8                 (2)  the time and place of a hearing in the county on

 5-9     the request.

5-10           (c)  The commission may elect to determine and declare a

5-11     lower speed limit on any part of the road without an engineering

5-12     and traffic investigation, but the commission must use sound and

5-13     generally accepted traffic engineering practices in determining and

5-14     declaring the lower speed limit.

5-15           (d)  The commission by rule shall establish standards for

5-16     determining lower speed limits within a set range.

5-17           EXPLANATION:  This addition is necessary for the safe

5-18     operation of vehicles on narrow farm-to-market and ranch-to-market

5-19     roads.

5-20           (4)  Senate Rule 12.03(4) is suspended to permit the

5-21     committee to add text on a matter that is not included in either

5-22     the house or senate version of the bill.  The added text reads as

5-23     follows:

5-24           SECTION 4.___.  (a)  Section 642.001, Transportation Code, is

5-25     amended by adding Subdivision (6) to read as follows:

5-26                 (6)  "Tow truck" has the meaning assigned that term by

5-27     Section 643.001.

 6-1           (b)  Section 642.002, Transportation Code, is amended to read

 6-2     as follows:

 6-3           Sec. 642.002.  Identifying Markings on Certain Vehicles

 6-4     Required; Offense; Penalty.  (a)  A person commits an offense if:

 6-5                 (1)  the person operates on a public street, road, or

 6-6     highway:

 6-7                       (A)  a commercial motor vehicle that has three or

 6-8     more axles;

 6-9                       (B)  a truck-tractor; [or]

6-10                       (C)  a road-tractor; or

6-11                       (D)  a tow truck; and

6-12                 (2)  the vehicle does not have on each side of the

6-13     power unit identifying markings that:

6-14                       (A)  show the name and address, including city

6-15     and state, of the owner or operator of the vehicle; [and]

6-16                       (B)  have clearly legible letters and numbers of

6-17     a height of at least two inches; and

6-18                       (C)  show the motor carrier registration number

6-19     in clearly legible letters and numbers, if the vehicle is required

6-20     to be registered under this chapter.

6-21           (b)  The owner of a vehicle commits an offense if the owner

6-22     or operator permits another to operate a vehicle in violation of

6-23     Subsection (a).

6-24           (c)  The Texas Department of Transportation by rule may

6-25     prescribe additional requirements regarding the form of the

6-26     markings required by Subsection (a)(2) that are not inconsistent

6-27     with that subsection.

 7-1           (d)  An offense under this section is a Class C misdemeanor.

 7-2           EXPLANATION:  This addition is necessary to protect consumers

 7-3     and other members of the public by requiring that tow trucks be

 7-4     clearly marked so as to identify the owner or operator of the tow

 7-5     truck.

 7-6           (5)  Senate Rule 12.03(4) is suspended to permit the

 7-7     committee to add text on a matter that is not included in either

 7-8     the house or senate version of the bill.  The added text reads as

 7-9     follows:

7-10           SECTION 3.___.  Section 3.05, Texas Motor Vehicle Commission

7-11     Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended

7-12     to read as follows:

7-13           Sec. 3.05.  INVESTIGATION; ENFORCEMENT.  (a)  Whenever the

7-14     Board [Commission] has reason to believe, through receipt of a

7-15     complaint or otherwise, that a violation of this Act or a Board

7-16     [Commission] rule, order, or decision has occurred or is likely to

7-17     occur, the Board [Commission] shall conduct an investigation unless

7-18     it determines that a complaint is frivolous or for the purpose of

7-19     harassment.  If the Board's [Commission's] investigation

7-20     establishes that a violation of this Act or a Board [Commission]

7-21     rule, order,  or decision has occurred or is likely to occur, the

7-22     Board [Commission] shall institute proceedings as it deems

7-23     appropriate to enforce this Act  or its rules, orders, and

7-24     decisions.

7-25           (b)  Notwithstanding Subsection (a)  of this section, another

7-26     provision of this Act, or Board rule, the Board may not file a

7-27     complaint alleging a violation of this Act or a Board rule relating

 8-1     to advertising until the Board has notified the licensee involved

 8-2     of the alleged violation and given the licensee an opportunity to

 8-3     cure the violation without further proceedings or liability.

 8-4           EXPLANATION:  This addition is necessary to amend the Texas

 8-5     Motor Vehicle Commission Code to prohibit the Motor Vehicle Board

 8-6     of the Texas Department of Transportation from initiating a

 8-7     proceeding against the holder of a license for a violation of that

 8-8     code without first giving the license holder the opportunity to

 8-9     cure the alleged violation.

8-10           (6)  Senate Rule 12.03(4) is suspended to permit the

8-11     committee to add text on a matter that is not included in either

8-12     the house or senate version of the bill.  The added text reads as

8-13     follows:

8-14           SECTION 4.___.  (a)  Chapter 1, Title 116, Revised Statutes,

8-15     is amended by adding Article 6675c-2 to read as follows:

8-16           Art. 6675c-2.  FOREIGN COMMERCIAL MOTOR TRANSPORTATION

8-17           Sec. 1.  DEFINITIONS.  In this article:

8-18                 (1)  "Border" means the border between this state and

8-19     the United Mexican States.

8-20                 (2)  "Commercial motor vehicle" includes a foreign

8-21     commercial motor vehicle.

8-22                 (3)  "Border commercial zone" means a commercial zone

8-23     established under 49 C.F.R. Part 372, Subpart B, any portion of

8-24     which is contiguous to the border in this state.

8-25                 (4)  "Foreign commercial motor vehicle" means a

8-26     commercial motor vehicle, as defined by 49 C.F.R. Section 390.5,

8-27     that is owned or controlled by a person or entity that is domiciled

 9-1     in or a citizen of a country other than the United States.

 9-2                 (5)  "Motor carrier" includes a foreign motor carrier

 9-3     and a foreign motor private carrier, as defined in 49 U.S.C.

 9-4     Sections 13102(6) and (7).

 9-5           Sec. 2.  RULES.  In addition to rules required by this

 9-6     article, the Texas Department of Transportation, the Department of

 9-7     Public Safety, and the Texas Department of Insurance may adopt

 9-8     other rules to carry out this article.

 9-9           Sec. 3.  REFERENCE TO FEDERAL STATUTE OR REGULATION.  A

9-10     reference in this article to a federal statute or regulation

9-11     includes any subsequent amendment or redesignation of the statute

9-12     or regulation.

9-13           Sec. 4.  BORDER COMMERCIAL ZONE EXCLUSIVE; BOUNDARIES.

9-14     (a)  A law or agreement of less than statewide application that  is

9-15     adopted by an agency or political subdivision of this state and

9-16     that regulates motor carriers or commercial motor vehicles or the

9-17     operation of those carriers or vehicles in the transportation of

9-18     cargo across the border or within an area adjacent to the border by

9-19     foreign commercial motor vehicles has no effect unless the law or

9-20     agreement applies uniformly to an entire border commercial zone and

9-21     only in a border commercial zone.  This section supersedes that

9-22     portion of any paired city, paired state, or similar understanding

9-23     governing foreign commercial motor vehicles or motor carriers

9-24     entered into under Section 502.054, Transportation Code, or any

9-25     other law.

9-26           (b)  The boundaries of a border commercial zone may be

9-27     modified or established only as provided by federal law.

 10-1          Sec. 5.  REGISTRATION EXEMPTION IN BORDER COMMERCIAL ZONE.

 10-2    (a)  A foreign commercial motor vehicle is exempt from  Chapter

 10-3    502, Transportation Code, and any other law of this state requiring

 10-4    the vehicle to be registered in this state, including a law

 10-5    providing for a temporary registration permit, if:

 10-6                (1)  the vehicle is engaged solely in transportation of

 10-7    cargo across the border into or from a border commercial zone;

 10-8                (2)  for each load of cargo transported the vehicle

 10-9    remains in this state:

10-10                      (A)  not more than 24 hours; or

10-11                      (B)  not more than 48 hours, if:

10-12                            (i)  the vehicle is unable to leave this

10-13    state within 24 hours because of circumstances beyond the control

10-14    of the motor carrier operating the vehicle; and

10-15                            (ii)  all financial responsibility

10-16    requirements applying to the vehicle are satisfied;

10-17                (3)  the vehicle is registered and licensed as required

10-18    by the law of another state or country as evidenced by a valid

10-19    metal license plate attached to the front or rear of the exterior

10-20    of the vehicle; and

10-21                (4)  the country in which the person that owns or

10-22    controls the vehicle is domiciled or is a citizen provides a

10-23    reciprocal exemption for commercial motor vehicles owned or

10-24    controlled by residents of this state.

10-25          (b)  A foreign commercial motor vehicle operating under the

10-26    exemption provided by this section and the vehicle's driver may be

10-27    considered unregistered if the vehicle is operated in this state

 11-1    outside a border commercial zone or in violation of United States

 11-2    law.

 11-3          Sec. 6.  FINANCIAL RESPONSIBILITY.  The Texas Department of

 11-4    Transportation shall adopt rules that conform with 49 C.F.R. Part

 11-5    387 requiring motor carriers operating foreign commercial motor

 11-6    vehicles in this state to maintain financial responsibility.  This

 11-7    article prevails over any other requirement of state law relating

 11-8    to financial responsibility for operation of those vehicles in this

 11-9    state.

11-10          Sec. 7.  DOMESTIC TRANSPORTATION.  A foreign motor carrier or

11-11    foreign motor private carrier may not transport persons or cargo in

11-12    intrastate commerce in this state unless the carrier is authorized

11-13    to conduct operations in interstate and foreign commerce

11-14    domestically between points in the United States under federal law

11-15    or international agreement.

11-16          (b)  Article 6675d, Revised Statutes, is amended by adding

11-17    Section 16 to read as follows:

11-18          Sec. 16.  APPLICATION TO FOREIGN COMMERCIAL MOTOR VEHICLES.

11-19    Except as otherwise provided by law, this article also applies to

11-20    all foreign commercial motor vehicles, as defined by Section 1,

11-21    Article 6675c-2, Revised Statutes.

11-22          EXPLANATION:  This addition is necessary to:

11-23                (1)  provide for the operation of certain foreign

11-24    commercial motor vehicles that are:

11-25                      (A)  not registered or temporarily registered in

11-26    this state in commercial zones established under federal law along

11-27    the border between the United States and the United Mexican States;

 12-1                      (B)  operated in this state only temporarily; and

 12-2                      (C)  registered in a country that grants

 12-3    reciprocity to vehicles registered in this state; and

 12-4                      (D)  in compliance with proposed Article 6675c-2

 12-5    and rules adopted under the statute by the Texas Department of

 12-6    Transportation, the Department of Public Safety, and the Texas

 12-7    Department of Insurance; and

 12-8                (2)  authorize the state agencies listed above to adopt

 12-9    rules to carry out proposed Article 6675c-2.

12-10          (7)  Senate Rule 12.03(4) is suspended to permit the

12-11    committee to add text on a matter that is not included in either

12-12    the house or senate version of the bill.  The added text reads as

12-13    follows:

12-14                  ARTICLE 8.  SCRAP TIRE RECYCLING DUTIES

12-15          SECTION 8.01.  SCRAP TIRE RECYCLING PROGRAM.  (a)  The Texas

12-16    Department of Transportation by rule shall establish a program

12-17    under which the department may pay for the use of whole scrap tires

12-18    or scrap tire pieces for:

12-19                (1)  a civil engineering application;

12-20                (2)  an energy recovery application;

12-21                (3)  the manufacture of a product with economic value

12-22    that is not an intermediate product such as tire shreds or crumb

12-23    rubber; or

12-24                (4)  any other recycling activity as authorized by a

12-25    department rule.

12-26          (b)  Under the program, the following persons are eligible

12-27    for payments:

 13-1                (1)  a scrap tire processor whose processed scrap tires

 13-2    have been put to a use described by Subsection (a);

 13-3                (2)  a scrap tire collector who transported tires out

 13-4    of state that have been put to a use described by Subsection (a);

 13-5    or

 13-6                (3)  an end user of scrap tires who has put scrap tires

 13-7    to a use described by Subsection (a).

 13-8          (c)  The department by rule shall require verification that

 13-9    the scrap tires or tire pieces for which a person has applied for a

13-10    payment under this section have been put to a use described by

13-11    Subsection (a).

13-12          SECTION 8.02.  PAYMENTS FOR END USE OF TIRES AND TIRE PIECES.

13-13    (a)  For scrap tires collected from a generator after September 1,

13-14    1997, and for scrap tire pieces derived from such tires, the Texas

13-15    Department of Transportation may pay any qualified person an amount

13-16    determined by the department of not more than $90 for each ton of

13-17    whole scrap tires or scrap tire pieces put to a use described by

13-18    Section 8.01(a).  For a county or region the department identifies

13-19    as an area that does not receive adequate collection service for

13-20    scrap tires or scrap tire pieces to the degree that tires or tire

13-21    pieces in the area pose a threat to public health, public safety,

13-22    or the environment, the department may make payments that exceed

13-23    the maximum amount otherwise provided by this section as the

13-24    department determines is necessary to alleviate a threat posed by

13-25    the tires or tire pieces.

13-26          (b)  For whole scrap tires collected by a scrap tire

13-27    processor, storage facility, transporter, or recycler on or before

 14-1    September 1, 1997, and for shredded tire pieces or other tire

 14-2    pieces derived from such tires, the Texas Department of

 14-3    Transportation by rule shall establish a method and amount for

 14-4    payments for:

 14-5                (1)  the cleanup of the whole scrap tires or scrap tire

 14-6    pieces from:

 14-7                      (A)  a site listed on the Texas Natural Resource

 14-8    Conservation Commission's priority enforcement list on or before

 14-9    September 1, 1997;

14-10                      (B)  a site in a county or region the department

14-11    identifies as an area that does not receive adequate collection

14-12    service for scrap tires or scrap tire pieces to the degree that

14-13    tires or tire pieces in the area pose a threat to public health,

14-14    public safety, or the environment; or

14-15                      (C)  an abandoned scrap tire shred storage site;

14-16    and

14-17                (2)  each ton of the whole scrap tires or scrap tire

14-18    pieces put to a use described by Section 8.01(a).

14-19          (c)  The Texas Department of Transportation may not make a

14-20    payment to a person for:

14-21                (1)  less than 50 tons of whole scrap tires or scrap

14-22    tire pieces put to a use described by Section 8.01(a); or

14-23                (2)  an end use of processed tire pieces if the

14-24    department paid a person under this article to produce those tire

14-25    pieces.

14-26          SECTION 8.03.  RULES.  (a)  The Texas Department of

14-27    Transportation shall adopt rules to:

 15-1                (1)  regulate the storage, transportation, processing,

 15-2    disposal, and recycling of whole scrap tires or scrap tire pieces;

 15-3                (2)  govern payments for recycling or other end uses of

 15-4    whole scrap tires or scrap tire pieces; and

 15-5                (3)  collect fees applicable to the scrap tire

 15-6    recycling program under this article, including rules necessary for

 15-7    the administration, collection, reporting, and payment of each fee

 15-8    due and payable or collected under the program.

 15-9          (b)  The department by rule shall prohibit a scrap tire

15-10    transporter or mobile tire shredder from charging a fee to a

15-11    wholesale or retail tire dealer for:

15-12                (1)  collecting tires for delivery to a scrap tire

15-13    facility, scrap tire energy recovery facility, or scrap tire

15-14    recycling facility; or

15-15                (2)  collecting and shredding used or scrap tires a

15-16    tire dealer accepts from purchasers of tires for temporary storage.

15-17          SECTION 8.04.  FEES AND USE OF FEE REVENUE.  (a)  The Texas

15-18    Department of Transportation shall establish and collect a

15-19    recycling fee on the sale of a new tire not for resale in an amount

15-20    as follows:

15-21                (1)  $1.50 for a tire for a passenger vehicle or a

15-22    motorcycle; and

15-23                (2)  $3.50 for a tire for a truck.

15-24          (b)  The Texas Department of Transportation shall deposit

15-25    fees collected under this section into a special account of the

15-26    general revenue fund to be known as the scrap tire recycling

15-27    account.  The Texas Department of Transportation shall administer

 16-1    the account to make payments under this article and to finance

 16-2    contracts or other expenses under this article.

 16-3          (c)  The Texas Department of Transportation may use money

 16-4    from the scrap tire recycling account to pay the department's

 16-5    reasonable and necessary administrative and enforcement costs

 16-6    related to the scrap tire recycling program, or related to a

 16-7    contracting agency's reasonable and necessary administrative and

 16-8    enforcement costs related to the program, in an amount not to

 16-9    exceed $1.8 million.

16-10          (d)  If the Texas Department of Transportation contracts with

16-11    the comptroller of public accounts to administer or collect fees

16-12    payable under the scrap tire recycling program or to administer the

16-13    scrap tire recycling account, the Texas Department of

16-14    Transportation may pay the comptroller an amount not to exceed two

16-15    percent of the amount of money that accrues in the scrap tire

16-16    recycling account to pay for the comptroller's reasonable and

16-17    necessary administrative and enforcement expenses.

16-18          SECTION 8.05.  INTERAGENCY CONTRACTS.  The Texas Department

16-19    of Transportation shall contract with other state agencies to

16-20    operate the scrap tire recycling program under this article to the

16-21    extent that contracting with other agencies may allow the program

16-22    to be operated more efficiently.  The Texas Department of

16-23    Transportation may delegate to a contracting agency any duty or

16-24    power this article imposes or provides the department.

16-25          SECTION 8.06.  COMMENCEMENT OF RECYCLING PROGRAM.  The Texas

16-26    Department of Transportation shall adopt rules and contract with

16-27    other agencies as necessary to begin operation of the program

 17-1    established by this article not later than September 1, 1997.

 17-2          EXPLANATION:  This addition is necessary to grant the Texas

 17-3    Department of Transportation the authority necessary for the

 17-4    department to adopt and supervise a payment program designed to

 17-5    encourage the recycling of scrap tires and to clean sites polluted

 17-6    by scrap tires.