By Jackson S.B. No. 1658
76R6579 WP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the inspection of intermodal equipment; providing
1-3 criminal and civil penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 644, Transportation Code, is amended by
1-6 adding Subchapter F to read as follows:
1-7 SUBCHAPTER F. INTERMODAL EQUIPMENT
1-8 Sec. 644.251. INSPECTION. A person who offers or
1-9 interchanges an intermodal container, trailer, or chassis for the
1-10 transportation of containerized intermodal cargo shall inspect,
1-11 repair, and maintain all intermodal vehicles the person controls to
1-12 ensure that all parts and accessories specified in 49 C.F.R. Part
1-13 393 and any additional parts and accessories that may affect safety
1-14 of operation are in a safe and proper operating condition.
1-15 Sec. 644.252. RECORDS. (a) A person who offers or
1-16 interchanges an intermodal container, trailer, or chassis for the
1-17 transportation of containerized intermodal cargo shall maintain a
1-18 record for each vehicle that provides:
1-19 (1) identification of the vehicle including any
1-20 company number, the make, serial number, year, and tire size, and,
1-21 if the motor vehicle is not owned by the person in control of the
1-22 vehicle, the name of the owner; and
1-23 (2) a record of inspections, repairs, and maintenance
1-24 indicating the due date, the date performed, and the nature of the
2-1 service.
2-2 (b) The records required by this section shall be retained
2-3 where the vehicle is either housed or maintained for a period of at
2-4 least:
2-5 (1) one year from the date of the last inspection; or
2-6 (2) six months by the person in control of a motor
2-7 vehicle after the vehicle leaves that person's control.
2-8 (c) An officer or employee of the department may inspect the
2-9 records required by this section in the same manner as an
2-10 inspection of premises under Section 644.104.
2-11 Sec. 644.253. CERTIFICATION. (a) A person who offers to or
2-12 interchanges with a motor carrier an intermodal container, trailer,
2-13 or chassis shall provide the motor carrier a certification that the
2-14 container, trailer, or chassis is in compliance with the equipment
2-15 requirements specified in 49 C.F.R. Part 393. A certification must
2-16 include:
2-17 (1) the printed name and address of the person
2-18 offering or interchanging the vehicle;
2-19 (2) a full description of the intermodal container,
2-20 trailer, or chassis including the make, model, serial number, and
2-21 license plate number of the equipment;
2-22 (3) the date and time the intermodal container,
2-23 trailer, or chassis was released to the motor carrier;
2-24 (4) a statement that the intermodal container,
2-25 trailer, or chassis is in compliance with the requirements of 49
2-26 C.F.R. Part 393;
2-27 (5) the signature and driver's license number of the
3-1 person offering or interchanging the vehicle; and
3-2 (6) any additional information that the department may
3-3 require by rule for the safe transportation of intermodal
3-4 containerized cargo.
3-5 (b) A motor carrier operating an intermodal container,
3-6 trailer, or chassis shall display a certification from the person
3-7 offering or interchanging the intermodal container, trailer, or
3-8 chassis at the request of a police officer authorized to enforce
3-9 the provisions of this subchapter.
3-10 Sec. 644.254. INTERCHANGE PROHIBITED. A person may not
3-11 offer to or interchange with a motor carrier an intermodal
3-12 container, trailer, or chassis that is in violation of the
3-13 equipment requirements specified in 49 C.F.R. Part 393.
3-14 Sec. 644.255. CRIMINAL OFFENSE. (a) A person commits an
3-15 offense if the person:
3-16 (1) offers to or interchanges with a motor carrier an
3-17 intermodal container, trailer, or chassis that is in violation of
3-18 the equipment requirements specified in 49 C.F.R. Part 393;
3-19 (2) fails to issue a certification to the motor
3-20 carrier as required by Section 644.253;
3-21 (3) provides a certification under Section 644.253 for
3-22 a vehicle that is in violation of the equipment requirements
3-23 specified in 49 C.F.R. Part 393;
3-24 (4) fails to display a certification to a police
3-25 officer as required by Section 644.253; or
3-26 (5) fails to permit inspection of the records required
3-27 by Section 644.252.
4-1 (b) An offense under this section is a Class C misdemeanor.
4-2 Sec. 644.256. CIVIL AND ADMINISTRATIVE PENALTIES. In
4-3 addition to the criminal penalty provided by Section 644.255, a
4-4 person who violates a provision of this chapter is subject to a
4-5 civil penalty under Section 644.152 and an administrative penalty
4-6 under Section 644.153.
4-7 SECTION 2. This Act takes effect September 1, 1999.
4-8 SECTION 3. The importance of this legislation and the
4-9 crowded condition of the calendars in both houses create an
4-10 emergency and an imperative public necessity that the
4-11 constitutional rule requiring bills to be read on three several
4-12 days in each house be suspended, and this rule is hereby suspended.