76R9676 JD-F
By Pickett, Solis of Cameron, Cuellar, H.B. No. 1818
Gutierrez, Flores
Substitute the following for H.B. No. 1818:
By Alexander C.S.H.B. No. 1818
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the enforcement of motor carrier regulations.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 644.102, Transportation Code, is amended
1-5 by amending Subsections (a) and (b) and adding Subsection (f) to
1-6 read as follows:
1-7 (a) The department by rule shall [may] establish uniform
1-8 standards for municipal enforcement of this chapter.
1-9 (b) A municipality that engages in enforcement under this
1-10 chapter:
1-11 (1) shall pay all costs relating to the municipality's
1-12 enforcement; [and]
1-13 (2) may not be considered, in the context of a federal
1-14 grant related to this chapter:
1-15 (A) a party to a federal grant agreement; or
1-16 (B) a grantee under a federal grant to the
1-17 department; and
1-18 (3) must comply with the standards established under
1-19 Subsection (a).
1-20 (f) The department shall revoke or rescind the certification
1-21 of any municipal police officer who fails to comply with any
1-22 standard established under Subsection (a).
1-23 SECTION 2. Section 644.153, Transportation Code, is amended
1-24 by adding Subsections (d)-(h) to read as follows:
2-1 (d) A person who is subject to an administrative penalty
2-2 imposed by the department under this subchapter is required to pay
2-3 the administrative penalties or respond to the department within 20
2-4 days of receipt of the department's notice of claim.
2-5 (e) A person who fails to pay, or becomes delinquent in the
2-6 payment of, the administrative penalties imposed by the department
2-7 under this subchapter shall not operate or direct the operation of
2-8 a commercial motor vehicle on the highways of this state until such
2-9 time as the administrative penalties have been remitted to the
2-10 department.
2-11 (f) The department shall impound any commercial motor
2-12 vehicle owned or operated by a person in violation of Subsection
2-13 (e) after the department has first served the person with a notice
2-14 of claim. Service of the notice may be by certified mail,
2-15 registered mail, personal delivery, or any other manner of delivery
2-16 showing receipt of the notice.
2-17 (g) A commercial motor vehicle impounded by the department
2-18 under this subsection shall remain impounded until such time as the
2-19 administrative penalties imposed against the person are remitted to
2-20 the department.
2-21 (h) All costs associated with the towing and storage of the
2-22 vehicle and load shall be the responsibility of the person and not
2-23 the department or the State of Texas.
2-24 SECTION 3. Section 644.155, Transportation Code, is amended
2-25 to read as follows:
2-26 Sec. 644.155. SAFETY AUDIT PROGRAM. The department shall
2-27 implement and enforce a safety audit program similar to the federal
3-1 program established under 49 C.F.R. Part 385 for any [a] person who
3-2 owns or operates a commercial motor vehicle that is domiciled in
3-3 this state [not subject to safety audits by the United States].
3-4 SECTION 4. This Act takes effect September 1, 1999.
3-5 SECTION 5. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended.