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.