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.