SRC-DPW S.B. 1019 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1019
76R7144 JD-FBy: Shapleigh
State Affairs
3/17/1999
As Filed


DIGEST 

Currently, the Department of Public Safety (department) conducts compliance
reviews under Section 644.155, Transportation Code, some of which result in
the assessment of administrative penalties on certain motor carriers.
There are a growing number of carriers who refuse to pay the administrative
penalties even though they acknowledge the presence of violations and some
carriers continue to operate without fully correcting safety problems.
This bill would provide a mechanism by which the department is authorized
to force a motor carrier to pay the administrative penalties assessed
against a carrier for violations of motor carrier safety regulations and/or
hazardous materials regulations discovered during compliance reviews
conducted by the department. 

PURPOSE

As proposed, S.B. 1019 sets forth procedures for impounding commercial
vehicles.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 644D, Transportation Code, by adding Section
644.1545, as follows: 

Sec. 644.1545. IMPOUNDMENT OF VEHICLES. Provides that this section applies
only to a person against whom the Department of Public Safety (department)
has imposed a final administrative penalty, has failed to pay the amount of
the penalty, and has not stayed the enforcement of the penalty.  Authorizes
the department to direct or order the impoundment of any commercial vehicle
provided that the department serves the owner of a commercial vehicle with
written notice that the vehicle is subject to this subsection and the
vehicle's owner fails to take certain actions.  Authorizes the department
to service notice under Subsection (b) by certified mail or personal
delivery.  Prohibits an impounded vehicle from being released until the
vehicle's owner pays a portion or all of an administrative penalty and all
costs incurred to impound the vehicle.  

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.