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                                  * * * * *