By Pickett                                            H.B. No. 1818
         76R6688 E                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of motor carriers; providing
 1-3     administrative penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 644.153, Transportation Code, is amended
 1-6     by adding Subsections (d), (e), and (f) to read as follows:
 1-7           (d)  A person who is subject to an administrative penalty
 1-8     imposed by the department under this subchapter is required to pay
 1-9     the administrative penalties or respond to the department within 20
1-10     days of receipt of the department's notice of claim.
1-11           (e)  A person who fails to pay, or becomes delinquent in the
1-12     payment of, the administrative penalties imposed by the department
1-13     under this subchapter shall not operate or direct the operation of
1-14     a commercial motor vehicle on the highways of this state until such
1-15     time as the administrative penalties have been remitted to the
1-16     department.
1-17           (f)  The department shall impound any commercial motor
1-18     vehicle owned or operated by a person in violation of Subsection
1-19     (e) after the department has first served the person with a notice
1-20     of claim.  Service of the notice may be by certified mail,
1-21     registered mail, personal delivery, or any other manner of delivery
1-22     showing receipt of the notice.
1-23                 (1)  A commercial motor vehicle impounded by the
1-24     department under this subsection shall remain impounded until such
 2-1     time as the administrative penalties imposed against the person are
 2-2     remitted to the department.
 2-3                 (2)  All costs associated with the towing and storage
 2-4     of the vehicle and load shall be the responsibility of the person
 2-5     and not the department or the State of Texas.
 2-6           SECTION 2.  This Act takes effect September 1, 1999.
 2-7           SECTION 3.  The importance of this legislation and the
 2-8     crowded condition of the calendars in both houses create an
 2-9     emergency and an imperative public necessity that the
2-10     constitutional rule requiring bills to be read on three several
2-11     days in each house be suspended, and this rule is hereby suspended.