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.