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.