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.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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.