By Shapleigh                                          S.B. No. 1019
         76R7144 JD-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the enforcement of commercial motor vehicle safety
 1-3     standards.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter D, Chapter 644, Transportation Code,
 1-6     is amended by adding Section 644.1545 to read as follows:
 1-7           Sec. 644.1545.  IMPOUNDMENT OF VEHICLES.  (a)  This section
 1-8     applies only to a person against whom the department has imposed an
 1-9     administrative penalty under this chapter that has become final and
1-10     who has:
1-11                 (1)  failed to pay the amount of the penalty; and
1-12                 (2)  not stayed the enforcement of the penalty.
1-13           (b)  The department may direct or order the impoundment of
1-14     any commercial motor vehicle that is owned or operated in this
1-15     state by a person described by Subsection (a) if:
1-16                 (1)  the department serves the person with written
1-17     notice that the person's commercial motor vehicles are subject to
1-18     impoundment under this section; and
1-19                 (2)  before the 21st day after the date the notice is
1-20     served, the person fails to:
1-21                       (A)  pay the amount of the penalty;
1-22                       (B)  enter into an agreement with the department
1-23     for the payment of that amount; or
1-24                       (C)  comply with the agreement entered into with
 2-1     the department.
 2-2           (c)  Service under Subsection (b) may be had by mailing the
 2-3     notice by certified or registered mail to the person's most recent
 2-4     address as shown in the department's records or by personal
 2-5     delivery.
 2-6           (d)  If the department directs or orders the impoundment of a
 2-7     commercial motor vehicle under this section, the vehicle may not be
 2-8     released until the person pays:
 2-9                 (1)  as applicable, the total or the unpaid amount of
2-10     the administrative penalty; and
2-11                 (2)  all costs incurred in connection with the towing
2-12     and storage of the vehicle, and any load on the vehicle.
2-13           SECTION 2.  This Act takes effect September 1, 1999.
2-14           SECTION 3.  The importance of this legislation and the
2-15     crowded condition of the calendars in both houses create an
2-16     emergency and an imperative public necessity that the
2-17     constitutional rule requiring bills to be read on three several
2-18     days in each house be suspended, and this rule is hereby suspended.