By Talton H.B. No. 3364 76R6579 WP-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the inspection of intermodal equipment; providing 1-3 criminal and civil penalties. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 644, Transportation Code, is amended by 1-6 adding Subchapter F to read as follows: 1-7 SUBCHAPTER F. INTERMODAL EQUIPMENT 1-8 Sec. 644.251. INSPECTION. A person who offers or 1-9 interchanges an intermodal container, trailer, or chassis for the 1-10 transportation of containerized intermodal cargo shall inspect, 1-11 repair, and maintain all intermodal vehicles the person controls to 1-12 ensure that all parts and accessories specified in 49 C.F.R. Part 1-13 393 and any additional parts and accessories that may affect safety 1-14 of operation are in a safe and proper operating condition. 1-15 Sec. 644.252. RECORDS. (a) A person who offers or 1-16 interchanges an intermodal container, trailer, or chassis for the 1-17 transportation of containerized intermodal cargo shall maintain a 1-18 record for each vehicle that provides: 1-19 (1) identification of the vehicle including any 1-20 company number, the make, serial number, year, and tire size, and, 1-21 if the motor vehicle is not owned by the person in control of the 1-22 vehicle, the name of the owner; and 1-23 (2) a record of inspections, repairs, and maintenance 1-24 indicating the due date, the date performed, and the nature of the 2-1 service. 2-2 (b) The records required by this section shall be retained 2-3 where the vehicle is either housed or maintained for a period of at 2-4 least: 2-5 (1) one year from the date of the last inspection; or 2-6 (2) six months by the person in control of a motor 2-7 vehicle after the vehicle leaves that person's control. 2-8 (c) An officer or employee of the department may inspect the 2-9 records required by this section in the same manner as an 2-10 inspection of premises under Section 644.104. 2-11 Sec. 644.253. CERTIFICATION. (a) A person who offers to or 2-12 interchanges with a motor carrier an intermodal container, trailer, 2-13 or chassis shall provide the motor carrier a certification that the 2-14 container, trailer, or chassis is in compliance with the equipment 2-15 requirements specified in 49 C.F.R. Part 393. A certification must 2-16 include: 2-17 (1) the printed name and address of the person 2-18 offering or interchanging the vehicle; 2-19 (2) a full description of the intermodal container, 2-20 trailer, or chassis including the make, model, serial number, and 2-21 license plate number of the equipment; 2-22 (3) the date and time the intermodal container, 2-23 trailer, or chassis was released to the motor carrier; 2-24 (4) a statement that the intermodal container, 2-25 trailer, or chassis is in compliance with the requirements of 49 2-26 C.F.R. Part 393; 2-27 (5) the signature and driver's license number of the 3-1 person offering or interchanging the vehicle; and 3-2 (6) any additional information that the department may 3-3 require by rule for the safe transportation of intermodal 3-4 containerized cargo. 3-5 (b) A motor carrier operating an intermodal container, 3-6 trailer, or chassis shall display a certification from the person 3-7 offering or interchanging the intermodal container, trailer, or 3-8 chassis at the request of a police officer authorized to enforce 3-9 the provisions of this subchapter. 3-10 Sec. 644.254. INTERCHANGE PROHIBITED. A person may not 3-11 offer to or interchange with a motor carrier an intermodal 3-12 container, trailer, or chassis that is in violation of the 3-13 equipment requirements specified in 49 C.F.R. Part 393. 3-14 Sec. 644.255. CRIMINAL OFFENSE. (a) A person commits an 3-15 offense if the person: 3-16 (1) offers to or interchanges with a motor carrier an 3-17 intermodal container, trailer, or chassis that is in violation of 3-18 the equipment requirements specified in 49 C.F.R. Part 393; 3-19 (2) fails to issue a certification to the motor 3-20 carrier as required by Section 644.253; 3-21 (3) provides a certification under Section 644.253 for 3-22 a vehicle that is in violation of the equipment requirements 3-23 specified in 49 C.F.R. Part 393; 3-24 (4) fails to display a certification to a police 3-25 officer as required by Section 644.253; or 3-26 (5) fails to permit inspection of the records required 3-27 by Section 644.252. 4-1 (b) An offense under this section is a Class C misdemeanor. 4-2 Sec. 644.256. CIVIL AND ADMINISTRATIVE PENALTIES. In 4-3 addition to the criminal penalty provided by Section 644.255, a 4-4 person who violates a provision of this chapter is subject to a 4-5 civil penalty under Section 644.152 and an administrative penalty 4-6 under Section 644.153. 4-7 SECTION 2. This Act takes effect September 1, 1999. 4-8 SECTION 3. The importance of this legislation and the 4-9 crowded condition of the calendars in both houses create an 4-10 emergency and an imperative public necessity that the 4-11 constitutional rule requiring bills to be read on three several 4-12 days in each house be suspended, and this rule is hereby suspended.