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