By Siebert                                            H.B. No. 2400
         76R6491 WP-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of motor carriers.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 643.002, Transportation Code, is amended
 1-5     to read as follows:
 1-6           Sec. 643.002.  EXEMPTIONS.  This chapter does not apply to:
 1-7                 (1)  a motor vehicle registered under the single state
 1-8     registration system established under 49 U.S.C. Section 14504(c)
 1-9     when operating exclusively in interstate or international commerce;
1-10                 (2)  a motor vehicle registered as a cotton vehicle
1-11     under Section 502.277; [or]
1-12                 (3)  a motor vehicle the department by rule exempts
1-13     because the vehicle is subject to comparable registration and a
1-14     comparable safety program administered by another governmental
1-15     entity;
1-16                 (4)  a motor vehicle used to transport passengers
1-17     operated by an entity whose primary function is not the
1-18     transportation of passengers, such as a vehicle operated by a
1-19     hotel, day-care center, public or private school, nursing home, or
1-20     similar organization;
1-21                 (5)  a vehicle operating under a private carrier permit
1-22     issued under Chapter 42, Alcoholic Beverage Code; or
1-23                 (6)  a vehicle operated by a governmental entity
1-24     [agency].
 2-1           SECTION 2.  Section 643.058(a), Transportation Code, is
 2-2     amended to read as follows:
 2-3           (a)  Except as provided in Section 643.061, a [A]
 2-4     registration issued under this subchapter is valid for one year.
 2-5     The department may adopt a system under which registrations expire
 2-6     at different times during the year.
 2-7           SECTION 3.  Section 643.059, Transportation Code, is amended
 2-8     by amending Subsections (b) and (e) and adding Subsection (f) to
 2-9     read as follows:
2-10           (b)  The department shall issue cab cards [annually] at the
2-11     time a motor carrier pays a registration fee under this subchapter.
2-12     The department may charge a fee of $1 for each cab card.
2-13           (e)  If the department determines that the cab card system
2-14     described by Subsections (a)-(c) is not an efficient means of
2-15     enforcing this subchapter, the department by rule may adopt an
2-16     alternative method that is accessible by law enforcement personnel
2-17     in the field and provides for the enforcement of the [annual]
2-18     registration requirements of this subchapter.
2-19           (f)  A cab card or a vehicle registration issued under the
2-20     alternative method described in Subsection (e) must be valid for
2-21     the same duration of time as a motor carrier's certificate issued
2-22     under Section 643.054(b) or Section 643.061(c)(1).
2-23           SECTION 4.  Subchapter B, Chapter 643, Transportation Code,
2-24     is amended by adding Sections 643.061 and 643.062 to read as
2-25     follows:
2-26           Sec. 643.061.  OPTIONAL REGISTRATION PERIODS.  (a)  The
2-27     department may vary the registration period under this subchapter
 3-1     by adopting rules that provide for:
 3-2                 (1)  an optional two-year registration; and
 3-3                 (2)  an optional temporary registration that is valid
 3-4     for less than one year.
 3-5           (b)  A motor carrier applying for registration under this
 3-6     section must pay:
 3-7                 (1)  a $20 fee for each vehicle registered under
 3-8     Subsection (a)(1);
 3-9                 (2)  a $10 fee for each vehicle registered under
3-10     Subsection (a)(2); and
3-11                 (3)  application and insurance filing fees the
3-12     department by rule adopts in an amount not to exceed $100 each.
3-13           (c)  The department shall issue to a motor carrier
3-14     registering under this section:
3-15                 (1)  a motor carrier's certificate, in the manner
3-16     provided by Section 643.054; and
3-17                 (2)  a cab card or the equivalent of a cab card, in the
3-18     manner provided by Section 643.059.
3-19           Sec. 643.062.  LIMITATION ON INTERNATIONAL MOTOR CARRIER.
3-20     (a)  A foreign-based international motor carrier required to
3-21     register under this chapter or registered under Chapter 645 may not
3-22     transport persons or cargo in intrastate commerce in this state.
3-23           (b)  A person may not assist a foreign-based international
3-24     motor carrier in violating Subsection (a).
3-25           SECTION 5.  Section 643.254, Transportation Code, is amended
3-26     by amending Subsection (a) and adding Subsections (c) and (d) to
3-27     read as follows:
 4-1           (a)  To investigate an alleged violation of Subchapter B,
 4-2     [or] C, or D, an officer or employee of the department who has been
 4-3     certified for the purpose by the director may enter a motor
 4-4     carrier's premises to copy or verify the correctness of a document,
 4-5     including an operation log or insurance certificate.
 4-6           (c)  A motor carrier domiciled outside this state must:
 4-7                 (1)  designate a location in the state for inspection
 4-8     of records concerning the alleged violation; or
 4-9                 (2)  request that an officer or employee of the
4-10     department conduct the inspection at an office of the motor carrier
4-11     located outside this state.
4-12           (d)  A motor carrier requesting an out-of-state inspection
4-13     will be responsible for payment of actual expenses incurred by the
4-14     department in conducting the inspection.
4-15           SECTION 6.  (a)  Sections 1 and 2, Chapter 1061, Acts of the
4-16     75th Legislature, Regular Session, 1997, are repealed.
4-17           (b)  To the extent of any conflict, this Act prevails over
4-18     another Act of the 76th Legislature, Regular Session, 1999,
4-19     relating to nonsubstantive additions and corrections in enacted
4-20     codes.
4-21           SECTION 7.  The importance of this legislation and the
4-22     crowded condition of the calendars in both houses create an
4-23     emergency and an imperative public necessity that the
4-24     constitutional rule requiring bills to be read on three several
4-25     days in each house be suspended, and this rule is hereby suspended,
4-26     and that this Act take effect and be in force from and after its
4-27     passage, and it is so enacted.