AN ACT
 1-1     relating to the enforcement of motor carrier regulations.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Section 644.102, Transportation Code, is amended
 1-4     by amending Subsections (a) and (b) and adding Subsection (f) to
 1-5     read as follows:
 1-6           (a)  The department by rule shall [may] establish uniform
 1-7     standards for municipal enforcement of this chapter.
 1-8           (b)  A municipality that engages in enforcement under this
 1-9     chapter:
1-10                 (1)  shall pay all costs relating to the municipality's
1-11     enforcement; [and]
1-12                 (2)  may not be considered, in the context of a federal
1-13     grant related to this chapter:
1-14                       (A)  a party to a federal grant agreement; or
1-15                       (B)  a grantee under a federal grant to the
1-16     department; and
1-17                 (3)  must comply with the standards established under
1-18     Subsection (a).
1-19           (f)  The department shall revoke or rescind the certification
1-20     of any municipal police officer who fails to comply with any
1-21     standard established under Subsection (a).
1-22           SECTION 2.  Section 644.153, Transportation Code, is amended
1-23     by adding Subsections (d) through (h) to read as follows:
1-24           (d)  A person who is subject to an administrative penalty
 2-1     imposed by the department under this subchapter is required to pay
 2-2     the administrative penalties or respond to the department within 20
 2-3     days of receipt of the department's notice of claim.
 2-4           (e)  A person who fails to pay, or becomes delinquent in the
 2-5     payment of, the administrative penalties imposed by the department
 2-6     under this subchapter shall not operate or direct the operation of
 2-7     a commercial motor vehicle on the highways of this state until such
 2-8     time as the administrative penalties have been remitted to the
 2-9     department.
2-10           (f)  The department shall impound any commercial motor
2-11     vehicle owned or operated by a person in violation of Subsection
2-12     (e) after the department has first served the person with a notice
2-13     of claim.  Service of the notice may be by certified mail,
2-14     registered mail, personal delivery, or any other manner of delivery
2-15     showing receipt of the notice.
2-16           (g)  A commercial motor vehicle impounded by the department
2-17     under this section shall remain impounded until such time as the
2-18     administrative penalties imposed against the person are remitted to
2-19     the department.
2-20           (h)  All costs associated with the towing and storage of the
2-21     vehicle and load shall be the responsibility of the person and not
2-22     the department or the State of Texas.
2-23           SECTION 3.  Section 644.155, Transportation Code, is amended
2-24     to read as follows:
2-25           Sec. 644.155.  SAFETY AUDIT PROGRAM.  The department shall
2-26     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.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 1019 passed the Senate on
         March 30, 1999, by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 1019 passed the House on
         May 13, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor