By Moreno of Harris                                   H.B. No. 1457
         77R3017 JAT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the required reimbursement of a commercial motor
 1-3     vehicle operator for certain expenditures made in connection with
 1-4     an out-of-service order.
 1-6           SECTION 1. Subchapter D, Chapter 644, Transportation Code, is
 1-7     amended by adding Section 644.156 to read as follows:
 1-8           Sec. 644.156.  INTERMODAL VEHICLE OUT-OF-SERVICE ORDERS. (a)
 1-9     In this section:
1-10                 (1)  "Intermodal vehicle" means a trailer, chassis, or
1-11     container that is:
1-12                       (A)  designed and constructed for interchangeable
1-13     use in two or more modes of transport; and
1-14                       (B)  towed or carried as part of a commercial
1-15     motor vehicle.
1-16                 (2)  "Out-of-service order" means a declaration by an
1-17     officer of the department that an intermodal vehicle is in
1-18     violation of a federal safety regulation or a rule adopted under
1-19     this chapter.
1-20           (b)  The owner of an intermodal vehicle subject to an
1-21     out-of-service order shall reimburse the operator of the vehicle
1-22     towing or carrying the intermodal vehicle for:
1-23                 (1)  any equipment or repair expense necessary to bring
1-24     the intermodal vehicle into compliance with the federal safety
 2-1     regulation or rule specified in the out-of-service order;
 2-2                 (2)  a fine or penalty paid in connection with the
 2-3     out-of-service order; and
 2-4                 (3)  reasonable attorney's fees paid in connection with
 2-5     the out-of-service order.
 2-6           (c)  Subsection (b) applies only if:
 2-7                 (1)  the intermodal vehicle is owned by a person other
 2-8     than the owner or operator of the commercial motor vehicle towing
 2-9     or carrying the intermodal vehicle; and
2-10                 (2)  the out-of-service order is issued before the 6th
2-11     day after the date the operator takes possession or control of the
2-12     intermodal vehicle.
2-13           SECTION 2. This Act takes effect September 1, 2001, and
2-14     applies only to an out-of-service order issued on or after that
2-15     date.  An out-of-service order issued before the effective date of
2-16     this Act is covered by the law in effect on the date the order was
2-17     issued, and the former law is continued in effect for that purpose.