HBA-MSH H.B. 1457 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1457
By: Moreno, Joe E.
Transportation
3/29/2001
Introduced



BACKGROUND AND PURPOSE 

Current law offers no guarantee that an owner of an intermodal vehicle such
as a trailer, chassis, or container will reimburse an operator of a towing
or carrying vehicle for repairs made to bring the intermodal vehicle into
compliance with state and federal regulations.  Therefore, an owner has
less incentive to maintain the intermodal vehicle in a safe operating
condition.  House Bill 1457 requires an owner of an intermodal vehicle to
reimburse the operator of a towing or carrying vehicle for necessary
repairs and other expenses. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1457 amends the Transportation Code to require the owner of an
intermodal vehicle that is declared out-of-service due to a violation of a
federal or state safety regulation by an officer of the Department of
Public Safety to reimburse the operator of the vehicle towing or carrying
the intermodal vehicle for any equipment or repair necessary to bring the
intermodal vehicle into compliance, and any fine or penalty paid and
reasonable attorney's fees paid in connection with the order.  The bill
defines an intermodal vehicle as a trailer, chassis, or container designed
for interchangeable use in two or more modes of transport that is towed or
carried as a part of a commercial motor vehicle.  The owner is required to
reimburse the operator only if the out-of-service order is issued before
the sixth day after the date the operator takes possession or control of
the intermodal vehicle. 

EFFECTIVE DATE

September 1, 2001.