SRC-JEC S.B. 1184 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1184
78R6165 JD-FBy: Deuell
Infrastructure Development and Security
4/3/2003
As Filed


DIGEST AND PURPOSE 

Currently, the Transportation Code prevents the most efficient possible
handling of commercial motor vehicle standards violations.  As proposed,
S.B. 1184 provides for notification, informal hearing, and administrative
hearing processes for persons who violate certain rules.  It also provides
for the disposition of impounded commercial vehicles with delinquent
penalties. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 548.001(1), Transportation Code, to redefine
"commercial motor vehicle." 

SECTION 2.  Amends Sections 644.001(1) and (5), Transportation Code, to
redefine "commercial motor vehicle" and "federal motor carrier safety
regulation." 

SECTION 3.  Amends Sections 644.103(a)-(d), Transportation Code, as
follows: 

(a)  Authorizes an officer of the Department of Public Safety (DPS) to
stop a motor vehicle subject to this chapter. 

(b)  Authorizes a municipal police officer to stop or enter a motor
vehicle subject to this chapter.  Authorizes a sheriff or deputy sheriff
to stop or enter a motor vehicle subject to this chapter. 

(c)  Authorizes a person, rather than an officer, who details a vehicle
under this section to prohibit the further operation of the vehicle if the
vehicle or vehicle operator is in violation of certain regulations or
rules. 

(d) Authorizes a certified, supervised noncommissioned employee of DPS to
stop or detain a vehicle subject to this chapter at a fixed-site facility.
Authorizes the noncommissioned employee, if warranted, to take enforcement
action only if supervised by a DPS officer. 

SECTION  4.  Amends Section 644.153, Transportation Code, as follows:

 (a)  Makes a nonsubstantive change.

 (b)  No changes.

(c)  Requires DPS to designate one or more employees to investigate
violations and conduct audits of persons subject to this chapter, and
impose an administrative penalty if DPS discovers a violation that is
covered by Subsection (a) or (b). 

(d)  Redesignates Subsection (c) as (d) and removes a requirement related
to a penalty  under this section. 

(e)  Requires DPS, if it determines to impose a penalty, to issue a notice
of claim.  Requires DPS to send the notice by certified or registered
mail, personal delivery, or another manner of delivery that records the
receipt of the notice by the person responsible.  Requires the notice of
claim to include a brief summary of the alleged violation and a statement
of the amount of the recommended penalty and inform the person that the
person is entitled to a hearing on the occurrence of the violation, the
amount of the penalty, or both.  Makes nonsubstantive changes. 

(f)  Authorizes the person, before the 21st day after the date of receipt
of the notice of claim, to accept the determination and pay the
recommended penalty, or make a written request for an informal or
administrative hearing on the occurrence of the violation, the amount of
the penalty, or both.  

(g)  Authorizes DPS, at the conclusion of an informal hearing requested
under Subsection (f), to modify the recommendation for a penalty. 

(h)  Requires DPS, if the person requests an administrative hearing, to
set a hearing and give the person notice of the hearing.  Requires the
hearing to be held by an administrative law judge of the State Office of
Administrative Hearings.  Requires the judge to make findings of fact and
conclusions of law and promptly issue to the director of public safety
(director) a proposal for a decision as to the occurrence of the violation
and the amount of a proposed penalty. 

(i)  Requires the judge, if a penalty is proposed under Subsection (h), to
include in the proposal for a decision a finding setting out costs, fees,
expenses, and reasonable and necessary attorney's fees incurred by the
state in bringing the proceeding.  Authorizes the director to adopt the
finding and make it a part of a final order entered in the proceeding. 

(j)  Authorizes the director by order and based on the findings of fact,
conclusions of law, and proposal for a decision, to find that a violation
has occurred and impose a penalty, or to find that no violation occurred.
Authorizes the director to increase or decrease the amount of the penalty
recommended by the administrative law judge within the limits prescribed
by this chapter.  

(k)  Requires notice of the director's order to be given to the affected
person in the manner required by Chapter 2001 (Administrative Procedure),
Government Code, and to include a statement that the person is entitled to
seek a judicial review of the order. 

(l)  Requires the person, before the 31st day after the date the
director's order becomes final as provided by Section 2001.144 (Decisions;
When Final), Government Code, to pay the amount of the penalty; pay the
amount of the penalty and file a petition for judicial review contesting
the occurrence of the violation, the amount of the penalty, or both; or,
without paying the penalty, file a petition for judicial review contesting
the occurrence, the penalty, or both. 

(m)  Authorizes a person who acts under Subsection (l) within the 30-day
period to stay enforcement of the penalty by performing certain tasks, or
to request the court to stay enforcement of the penalty by performing
certain tasks. 

(n)  Authorizes DPS, before the sixth day after the date the director
receives a copy of an affidavit filed under Subsection (m)(2), to file
with the court a contest to the affidavit. Requires the court to hold a
hearing on the facts alleged in the affidavit as soon as practicable and
to stay the enforcement of the penalty if the court finds that the alleged
facts are true. Places the burden of proof of financial inability to pay
the penalty on the person who files an affidavit under Subsection (m)(2). 

(o)  Authorizes the director, if the person does not pay the amount of the
penalty and the  enforcement of the penalty is not stayed, to follow
certain referral or impoundment procedures. 

 (p)  Redesignated from Subsection (e).  Makes nonsubstantive changes.

 (q)  Redesignated from Subsection (f).  Makes a conforming change.

(r)  Redesignated from Subsection (g).  Requires that an impounded
commercial motor vehicle left at a vehicle storage facility controlled by
DPS or any other person be considered an abandoned motor vehicle on the
11th day after the date of impoundment, if the delinquent administrative
penalty is not remitted to DPS before that day.  

(s)  Redesignated from Subsection (h).  Specifies that all costs
associated with the towing and storage of the commercial motor vehicle and
load shall be the responsibility of the person and not of DPS or the
state. 

(t)  Provides that a proceeding under this section is subject to Chapter
2001, Government Code. 

SECTION  5.  Amends Section 644.155, Transportation Code, as follows:

Sec. 644.155.  New heading:  COMPLIANCE REVIEW AND SAFETY AUDIT PROGRAM.
Requires DPS to implement a compliance review for any person who owns or
operates a commercial motor vehicle that is domiciled in this state.  

SECTION  6.  Amends Section 683.002(a), Transportation Code, by redefining
abandoned motor vehicle. 

SECTION  7.  Amends Section 683.012(b), Transportation Code, to require
the notice under Subsection (a) to inform the owner and lienholder of the
right to claim the item not later than the 20th day after the date of the
notice on payment of the delinquent administrative penalty and costs if
the item is a commercial motor vehicle impounded under Section 644.153(g). 

SECTION  8.  Amends Section 683.015, Transportation Code, by adding
Subsection (e) to entitle DPS, if the vehicle is a commercial motor
vehicle impounded under Section 644.153(g), to the proceeds of the sale in
an amount equal to the amount of the delinquent administrative penalties
and costs. 

SECTION  9.  (a)  Effective date:  September 1, 2003.
  
  (b) and (c) Make application of SECTION  4 of this Act prospective.