By: Shapleigh, Zaffirini, Lucio S.B. No. 681 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to transportation systems for commercial motor vehicles at 1-3 certain transportation facilities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter H, Chapter 201, Transportation Code, 1-6 is amended by adding Section 201.614 to read as follows: 1-7 Sec. 201.614. COMMERCIAL TRANSPORTATION PROCESSING SYSTEMS. 1-8 (a) In this section, "port of entry" means a place designated by 1-9 executive order of the president of the United States, by order of 1-10 the United States secretary of the treasury, or by act of the 1-11 United States Congress at which a customs officer is authorized to 1-12 accept entries of merchandise, to collect duties, and to enforce 1-13 the various provisions of the customs and navigation laws. 1-14 (b) This section applies only to a port of entry for land 1-15 traffic from Mexico and does not apply to a port of entry for 1-16 marine traffic. 1-17 (c) To the extent the department considers appropriate to 1-18 expedite commerce and based on the Texas ITS/CVO Business Plan 1-19 prepared by the department, the Department of Public Safety, and 1-20 the comptroller, the department shall provide for implementation by 1-21 the appropriate agencies of the use of Intelligent Transportation 1-22 Systems for Commercial Vehicle Operations (ITS/CVO) in any new 1-23 commercial motor vehicle inspection facility constructed and in any 1-24 existing facility located at a port of entry to which this section 1-25 applies. The department shall coordinate with other state and 2-1 federal transportation officials to develop interoperability 2-2 standards for the systems. 2-3 (d) If the department constructs a facility in the 2-4 department's Pharr, Laredo, or El Paso transportation district at 2-5 which commercial vehicle safety inspections are conducted, the 2-6 facility may not be used solely for the purpose of conducting 2-7 commercial motor vehicle inspections by the Department of Public 2-8 Safety and the facility must include implementation of ITS/CVO 2-9 technology by the appropriate agencies to support all commercial 2-10 motor vehicle regulation and enforcement functions. A facility to 2-11 which this subsection applies constructed in the department's 2-12 Laredo transportation district must be located not less than 10 2-13 miles or more than 30 miles from the border with Mexico. A 2-14 facility to which this subsection applies may not be located in the 2-15 municipal boundaries or extraterritorial jurisdiction of a 2-16 municipality unless the location is approved by: 2-17 (1) the governing body of the municipality, if the 2-18 municipality has a population of 500,000 or less; or 2-19 (2) the policy board of the metropolitan planning 2-20 organization representing the municipality, if the municipality has 2-21 a population of more than 500,000. 2-22 (e) As part of its implementation of technology under this 2-23 section, the department shall to the greatest extent possible as a 2-24 requirement of the construction of the facility: 2-25 (1) enhance efficiency and reduce complexity for motor 2-26 carriers by providing a single point of contact between carriers 3-1 and regulating state and federal government officials and providing 3-2 a single point of information, available to wireless access, about 3-3 federal and state regulatory and enforcement requirements; 3-4 (2) prevent duplication of state and federal 3-5 procedures and locations for regulatory and enforcement activities, 3-6 including consolidation of collection of applicable fees; 3-7 (3) link information systems of the department, the 3-8 Department of Public Safety, the comptroller, and, to the extent 3-9 possible, the United States Department of Transportation and other 3-10 appropriate regulatory and enforcement entities; and 3-11 (4) take other necessary action to: 3-12 (A) facilitate the flow of commerce; 3-13 (B) assist federal interdiction efforts; 3-14 (C) protect the environment by reducing idling 3-15 time of commercial motor vehicles at the facilities; 3-16 (D) prevent highway damage caused by overweight 3-17 commercial motor vehicles; and 3-18 (E) seek federal funds to assist in the 3-19 implementation of this section. 3-20 (f) Construction of a facility to which this section applies 3-21 is subject to the availability of federal funding for that purpose. 3-22 SECTION 2. This Act takes effect September 1, 2001.