1-1 By: Shapleigh, Zaffirini, Lucio S.B. No. 681 1-2 (In the Senate - Filed February 13, 2001; February 14, 2001, 1-3 read first time and referred to Committee on Business and Commerce; 1-4 April 24, 2001, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 6, Nays 0; April 24, 2001, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 681 By: Shapleigh 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to transportation systems for commercial motor vehicles at 1-11 certain transportation facilities. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter H, Chapter 201, Transportation Code, 1-14 is amended by adding Section 201.614 to read as follows: 1-15 Sec. 201.614. COMMERCIAL TRANSPORTATION PROCESSING SYSTEMS. 1-16 (a) In this section, "port of entry" means a place designated by 1-17 executive order of the president of the United States, by order of 1-18 the United States secretary of the treasury, or by act of the 1-19 United States Congress at which a customs officer is authorized to 1-20 accept entries of merchandise, to collect duties, and to enforce 1-21 the various provisions of the customs and navigation laws. 1-22 (b) This section applies only to a port of entry for land 1-23 traffic from Mexico and does not apply to a port of entry for 1-24 marine traffic. 1-25 (c) To the extent the department considers appropriate to 1-26 expedite commerce and based on the Texas ITS/CVO Business Plan 1-27 prepared by the department, the Department of Public Safety, and 1-28 the comptroller, the department shall provide for implementation by 1-29 the appropriate agencies of the use of Intelligent Transportation 1-30 Systems for Commercial Vehicle Operations (ITS/CVO) in any new 1-31 commercial motor vehicle inspection facility constructed and in any 1-32 existing facility located at a port of entry to which this section 1-33 applies. The department shall coordinate with other state and 1-34 federal transportation officials to develop interoperability 1-35 standards for the systems. 1-36 (d) If the department constructs a facility in the 1-37 department's Pharr, Laredo, or El Paso transportation district at 1-38 which commercial vehicle safety inspections are conducted, the 1-39 facility may not be used solely for the purpose of conducting 1-40 commercial motor vehicle inspections by the Department of Public 1-41 Safety and the facility must include implementation of ITS/CVO 1-42 technology by the appropriate agencies to support all commercial 1-43 motor vehicle regulation and enforcement functions. A facility to 1-44 which this subsection applies constructed in the department's 1-45 Laredo transportation district must be located not less than 10 1-46 miles or more than 30 miles from the border with Mexico. A 1-47 facility to which this subsection applies may not be located in the 1-48 municipal boundaries or extraterritorial jurisdiction of a 1-49 municipality unless the location is approved by: 1-50 (1) the governing body of the municipality, if the 1-51 municipality has a population of 500,000 or less; or 1-52 (2) the policy board of the metropolitan planning 1-53 organization representing the municipality, if the municipality has 1-54 a population of more than 500,000. 1-55 (e) As part of its implementation of technology under this 1-56 section, the department shall to the greatest extent possible as a 1-57 requirement of the construction of the facility: 1-58 (1) enhance efficiency and reduce complexity for motor 1-59 carriers by providing a single point of contact between carriers 1-60 and regulating state and federal government officials and providing 1-61 a single point of information, available to wireless access, about 1-62 federal and state regulatory and enforcement requirements; 1-63 (2) prevent duplication of state and federal 1-64 procedures and locations for regulatory and enforcement activities, 2-1 including consolidation of collection of applicable fees; 2-2 (3) link information systems of the department, the 2-3 Department of Public Safety, the comptroller, and, to the extent 2-4 possible, the United States Department of Transportation and other 2-5 appropriate regulatory and enforcement entities; and 2-6 (4) take other necessary action to: 2-7 (A) facilitate the flow of commerce; 2-8 (B) assist federal interdiction efforts; 2-9 (C) protect the environment by reducing idling 2-10 time of commercial motor vehicles at the facilities; 2-11 (D) prevent highway damage caused by overweight 2-12 commercial motor vehicles; and 2-13 (E) seek federal funds to assist in the 2-14 implementation of this section. 2-15 SECTION 2. This Act takes effect September 1, 2001. 2-16 * * * * *