SRC-AXB S.B. 1658 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1658
76R6579  WP-FBy: Jackson
Infrastructure
4/7/1999
As Filed
DIGEST 

Currently, a motor carrier is required to comply with inspection, repair
and maintenance regulations; however, a person who dispatches faulty
intermodal equipment on the highway is not required to comply with such
regulations because the person is not defined as a "motor carrier."
Additionally, the Department of Public Safety is not authorized to audit
maintenance records or issue traffic citations to individuals at intermodal
yards that dispatch unsafe equipment.  S.B. 1658 creates regulations and
penalties regarding the inspection of intermodal equipment, in order to
maintain safety on public highways. 

PURPOSE

As proposed, S.B. 1658 creates provisions and penalties regarding the
inspection of  intermodal equipment. 

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 644, Transportation Code, by adding Subchapter
F, as follows: 

SUBCHAPTER F.  INTERMODAL EQUIPMENT

Sec.  644.251.  INSPECTION.  Requires a person who offers certain cargo
services (servicer) to inspect, repair, and maintain all intermodal
vehicles under that person's control to ensure certain safety aspects. 

Sec.  644.252.  RECORDS.  Requires a servicer to maintain a record for each
vehicle that provides certain identification and histories, and requires
storage of the records where the vehicle is housed for specific lengths of
time.  Authorizes an officer or employee of the Department of Public Safety
to inspect records required by this section. 

Sec.  644.253.  CERTIFICATION.  Requires a servicer to provide
certification which is in compliance with equipment requirements in 49
C.F.R. Part 393.  Sets forth required information in a certification.
Requires a certain motor carrier to display certain certification at the
request of a certain police officer. 

Sec.  644.254.  INTERCHANGE PROHIBITED.  Prohibits a person from taking
certain actions in violation of equipment requirements in 49 C.F.R. Part
393. 

Sec.  644.255.  CRIMINAL OFFENSE.  Creates a Class C misdemeanor for a
criminal offense for the performance of, or failure to, perform certain
actions. 

Sec.  644.256.  CIVIL AND ADMINISTRATIVE PENALTIES.  Provides that a
violator of this chapter is subject to civil and administrative penalties
under Sections 644.152 and 644.153, Transportation Code. 

SECTION 2.  Effective date:  September 1, 1999.

 SECTION 3.  Emergency clause.