AN ACT
1-1 relating to the regulation of motor carriers.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 643.002, Transportation Code, is amended
1-4 to read as follows:
1-5 Sec. 643.002. EXEMPTIONS. This chapter does not apply to:
1-6 (1) a motor vehicle registered under the single state
1-7 registration system established under 49 U.S.C. Section 14504(c)
1-8 when operating exclusively in interstate or international commerce;
1-9 (2) a motor vehicle registered as a cotton vehicle
1-10 under Section 502.277; [or]
1-11 (3) a motor vehicle the department by rule exempts
1-12 because the vehicle is subject to comparable registration and a
1-13 comparable safety program administered by another governmental
1-14 entity;
1-15 (4) a motor vehicle used to transport passengers
1-16 operated by an entity whose primary function is not the
1-17 transportation of passengers, such as a vehicle operated by a
1-18 hotel, day-care center, public or private school, nursing home, or
1-19 similar organization;
1-20 (5) a vehicle operating under a private carrier permit
1-21 issued under Chapter 42, Alcoholic Beverage Code; or
1-22 (6) a vehicle operated by a governmental entity
1-23 [agency].
1-24 SECTION 2. Subsection (a), Section 643.058, Transportation
2-1 Code, is amended to read as follows:
2-2 (a) Except as provided in Section 643.061, a [A]
2-3 registration issued under this subchapter is valid for one year.
2-4 The department may adopt a system under which registrations expire
2-5 at different times during the year.
2-6 SECTION 3. Section 643.059, Transportation Code, is amended
2-7 by amending Subsections (b) and (e) and adding Subsection (f) to
2-8 read as follows:
2-9 (b) The department shall issue cab cards [annually] at the
2-10 time a motor carrier pays a registration fee under this subchapter.
2-11 The department may charge a fee of $1 for each cab card.
2-12 (e) If the department determines that the cab card system
2-13 described by Subsections (a)-(c) is not an efficient means of
2-14 enforcing this subchapter, the department by rule may adopt an
2-15 alternative method that is accessible by law enforcement personnel
2-16 in the field and provides for the enforcement of the [annual]
2-17 registration requirements of this subchapter.
2-18 (f) A cab card or a vehicle registration issued under the
2-19 alternative method described in Subsection (e) must be valid for
2-20 the same duration of time as a motor carrier's certificate issued
2-21 under Section 643.054(b) or Section 643.061(c)(1).
2-22 SECTION 4. Subchapter B, Chapter 643, Transportation Code,
2-23 is amended by adding Sections 643.061 and 643.062 to read as
2-24 follows:
2-25 Sec. 643.061. OPTIONAL REGISTRATION PERIODS. (a) The
2-26 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. Subsection (f), Section 643.153, Transportation
3-26 Code, is amended to read as follows:
4-1 (f) The unauthorized practice of the insurance business
4-2 under Article 1.14-1, Insurance Code, does not include the offer of
4-3 insurance by a household goods motor carrier, or its agent, that
4-4 transports [transporting household] goods for up to the full value
4-5 of a customer's property transported or stored, if the offer is
4-6 authorized by a rule adopted under Subsection (c).
4-7 SECTION 6. Section 643.254, Transportation Code, is amended
4-8 by amending Subsection (a) and adding Subsections (c) and (d) to
4-9 read as follows:
4-10 (a) To investigate an alleged violation of Subchapter B,
4-11 [or] C, or D, an officer or employee of the department who has been
4-12 certified for the purpose by the director may enter a motor
4-13 carrier's premises to copy or verify the correctness of a document,
4-14 including an operation log or insurance certificate.
4-15 (c) A motor carrier domiciled outside this state must:
4-16 (1) designate a location in the state for inspection
4-17 of records concerning the alleged violation; or
4-18 (2) request that an officer or employee of the
4-19 department conduct the inspection at an office of the motor carrier
4-20 located outside this state.
4-21 (d) A motor carrier requesting an out-of-state inspection
4-22 will be responsible for payment of actual expenses incurred by the
4-23 department in conducting the inspection.
4-24 SECTION 7. (a) Sections 1 and 2, Chapter 1061, Acts of the
4-25 75th Legislature, Regular Session, 1997, are repealed.
4-26 (b) To the extent of any conflict, this Act prevails over
5-1 another Act of the 76th Legislature, Regular Session, 1999,
5-2 relating to nonsubstantive additions and corrections in enacted
5-3 codes.
5-4 SECTION 8. The importance of this legislation and the
5-5 crowded condition of the calendars in both houses create an
5-6 emergency and an imperative public necessity that the
5-7 constitutional rule requiring bills to be read on three several
5-8 days in each house be suspended, and this rule is hereby suspended,
5-9 and that this Act take effect and be in force from and after its
5-10 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 775 passed the Senate on
April 8, 1999, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 18, 1999, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 775 passed the House, with
amendment, on May 14, 1999, by the following vote: Yeas 138,
Nays 0, one present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor