1-1 By: Shapleigh S.B. No. 1019
1-2 (In the Senate - Filed March 9, 1999; March 10, 1999, read
1-3 first time and referred to Committee on State Affairs;
1-4 March 22, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; March 22, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1019 By: Shapleigh
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the enforcement of motor carrier regulations.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 644.102, Transportation Code, is amended
1-13 by amending Subsections (a) and (b) and adding Subsection (f) to
1-14 read as follows:
1-15 (a) The department by rule shall [may] establish uniform
1-16 standards for municipal enforcement of this chapter.
1-17 (b) A municipality that engages in enforcement under this
1-18 chapter:
1-19 (1) shall pay all costs relating to the municipality's
1-20 enforcement; [and]
1-21 (2) may not be considered, in the context of a federal
1-22 grant related to this chapter:
1-23 (A) a party to a federal grant agreement; or
1-24 (B) a grantee under a federal grant to the
1-25 department; and
1-26 (3) must comply with the standards established under
1-27 Subsection (a).
1-28 (f) The department shall revoke or rescind the certification
1-29 of any municipal police officer who fails to comply with any
1-30 standard established under Subsection (a).
1-31 SECTION 2. Section 644.153, Transportation Code, is amended
1-32 by adding Subsections (d) through (h) to read as follows:
1-33 (d) A person who is subject to an administrative penalty
1-34 imposed by the department under this subchapter is required to pay
1-35 the administrative penalties or respond to the department within 20
1-36 days of receipt of the department's notice of claim.
1-37 (e) A person who fails to pay, or becomes delinquent in the
1-38 payment of, the administrative penalties imposed by the department
1-39 under this subchapter shall not operate or direct the operation of
1-40 a commercial motor vehicle on the highways of this state until such
1-41 time as the administrative penalties have been remitted to the
1-42 department.
1-43 (f) The department shall impound any commercial motor
1-44 vehicle owned or operated by a person in violation of Subsection
1-45 (e) after the department has first served the person with a notice
1-46 of claim. Service of the notice may be by certified mail,
1-47 registered mail, personal delivery, or any other manner of delivery
1-48 showing receipt of the notice.
1-49 (g) A commercial motor vehicle impounded by the department
1-50 under this section shall remain impounded until such time as the
1-51 administrative penalties imposed against the person are remitted to
1-52 the department.
1-53 (h) All costs associated with the towing and storage of the
1-54 vehicle and load shall be the responsibility of the person and not
1-55 the department or the State of Texas.
1-56 SECTION 3. Section 644.155, Transportation Code, is amended
1-57 to read as follows:
1-58 Sec. 644.155. SAFETY AUDIT PROGRAM. The department shall
1-59 implement and enforce a safety audit program similar to the federal
1-60 program established under 49 C.F.R. Part 385 for any [a] person who
1-61 owns or operates a commercial motor vehicle that is domiciled in
1-62 this state [not subject to safety audits by the United States].
1-63 SECTION 4. This Act takes effect September 1, 1999.
1-64 SECTION 5. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended.
2-5 * * * * *