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.