By: Noriega H.B. No. 3448
A BILL TO BE ENTITLED
AN ACT
relating to the transport of intermodal containers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 621, Transportation Code, is amended by
adding Subchapter H to read as follows:
SUBCHAPTER H. PORT TERMINAL INTERMODAL CONTAINER REGULATION.
Sec. 621.601. DEFINITIONS. In this subchapter:
(1) "Department" means the Texas Department of
Transportation.
(2) "Vehicle" means the same as Sec. 621.001(9),
Transportation Code.
(3) "Weight enforcement officer" means the same as
Sec. 621.401, Transportation Code.
Sec. 621.602. APPLICABILITY. Any ocean marine terminal
that receives and dispatches intermodal containers shall implement
and carry out the intermodal container safety program, as described
in this Act.
Sec. 621.603. INTERMODAL CONTAINER SAFETY PROGRAM. (a) No
ocean marine terminal operator shall tender to, or interchange
with, a motor carrier an intermodal container that when loaded upon
a vehicle shall cause the motor carrier's vehicle to exceed the
state's axle weight restrictions or the Federal gross vehicle
weight restrictions. Any ocean marine terminal operator tendering
to a motor carrier such a container shall be fined $500 per
occurrence.
(b) No ocean marine terminal operator shall tender to, or
interchange with, a motor carrier, an intermodal container that,
upon inspection, is determined to be improperly packed or unsafely
loaded. Any ocean marine terminal operator tendering to a motor
carrier such a container shall be fined $500 per occurrence.
(c) Nothing in this Act is meant to supercede the Federal
weight restrictions provided in 49 C.F.R. Section 5903. Rather,
this Act imposes compliance with both the state's axle weight
restrictions and the Federal gross vehicle weight restrictions.
(d) Ocean marine terminal operators shall weigh and inspect
all containers upon the container's arrival at the terminal.
Containers that weigh less than or equal to an amount that when
loaded upon a vehicle, shall not cause the vehicle to exceed the
state's axle weight restrictions, and are determined upon
inspection to be safely loaded and properly packed, shall be
green-tagged and placed in an area designated for interchange to a
motor carrier. The tag shall contain:
(1) the name(s) of the person(s) who weighed and
inspected the container;
(2) the date and time that the container was weighed
and inspected;
(3) the weight of the container and the determination
of inspection; and
(4) since a vehicle's weight-bearing capacity varies
depending upon the number of axles that a vehicle has, each green
tag shall designate the appropriate vehicle, with the necessary
number of axles, that may transport that container.
(e) The tag shall be provided by the ocean marine terminal
operator and shall meet specifications determined by the Department
of Public Safety.
(f) If, however, a container weighs more than an amount that
when loaded upon a vehicle shall cause the vehicle to exceed the
State's axle weight restrictions, or is determined upon inspection
to be improperly packed or unsafely loaded, it shall be red-tagged
and transported to a facility located at the ocean marine terminal
to be unloaded and re-packed until the container can be safely
operated on the public highways and falls within a weight that when
loaded upon a vehicle, the vehicle's weight is within the State's
axle weight restrictions. Alternatively, the ocean marine terminal
operator shall return the overweight container to its original
sender.
(1) The ocean marine terminal shall bear the costs of
transporting the container to the facility, and unloading and
re-packing the container.
(2) To ensure both compliance and reimbursement, a
container may be embargoed until payment is received.
(g) Once a container has been unloaded and re-packed, it
shall be green-tagged and transported to an area designated for
interchange to a motor carrier.
(h) In the event that an overweight, improperly packed or
unsafely loaded container, regardless of whether it has been green-
or red-tagged, is interchanged to a motor carrier, and the motor
carrier has not yet left the terminal, the driver:
(1) may request that the container by re-weighed or
re-packed by the entity responsible for weighing and inspecting the
container pursuant to this Act;
(2) shall be compensated by the ocean marine terminal
at $100 per hour for time spent transporting the container to the
unloading/re-packing facility; and locating a container that when
loaded upon the vehicle shall not cause the vehicle to exceed the
State's axle weight restrictions or highway safety regulations; and
(3) any such request, any corrective action taken,
and/or the reason why corrective action was not taken shall be
recorded in the intermodal container maintenance file as described
in Section 621.604 of this Act. Alternatively, the driver may
contact a law enforcement agency with regard to the weight of the
container.
(i) No driver shall be threatened, coerced, or otherwise
retaliated against by an ocean marine terminal operator for
requesting that a container be re-weighed or re-packed or for
contacting a law enforcement agency with regard to the weight or
safety of an intermodal container. In the event that a driver is so
threatened, coerced, or otherwise retaliated against, the driver
shall be protected by and afforded all rights and remedies provided
in Chapter 554, Government Code. Accordingly, any person who
violates this Section of the Act shall be subject to the penalties
provided in Chapter 554, Government Code.
(j) In the event that an overweight, improperly packed or
unsafely loaded container is interchanged to a motor carrier, and
the motor carrier has left the terminal, the ocean marine terminal
operator shall be held responsible for any time during which the
motor carrier is detained by State officials for violations of the
provisions of this Act. The driver shall be paid by the ocean
marine terminal at the rate specified in the contract plus $100 per
hour for all time spent related to such infraction(s).
(k) Any citation, summons or complaint issued as a result of
a violation of a state axle weight violation shall be issued to the
ocean marine terminal operator responsible for weighing and
inspecting the container.
Sec. 621.604. MAINTENANCE AND INSPECTION OF RECORDS. (a)
Records regarding the weight and inspection of each container
entering an ocean marine terminal shall be:
(1) maintained for 90 days at the ocean marine
terminal where each container is weighed and inspected;
(2) made available upon request by any authorized
employee of the Texas Department of Transportation, port of entry
supervisor, or weight enforcement officer; and
(3) made available during normal business hours to any
motor carrier or driver or the authorized representative thereof
who has been engaged to transport a container from the ocean marine
terminal.
(b) Records shall be kept for any container that must be
unloaded and re-packed pursuant to the requirements set forth in
Section 621.603(f). Such records shall be:
(1) maintained for two years at the ocean marine
terminal; and
(2) made available upon request by any authorized
employee of the Texas Department of Transportation, port of entry
supervisor, or weight enforcement officer; and
(3) made available during normal business hours to any
motor carrier or driver, or the authorized representative thereof,
who has been engaged to transport a container from the ocean marine
terminal.
(c) Requests made pursuant to Section 621.603(e)(1) that a
container be re-weighed or re-packed shall be recorded in the
intermodal container safety file and shall be maintained and made
available pursuant to Section 621.604(a).
(d) All above-described records may be kept in a computer
system if printouts of those records are provided upon request.
Sec. 621.605. COMPLIANCE AND ENFORCEMENT. (a) The
Department of Public Safety, port of entry supervisor, or weight
enforcement officer shall conduct random, but at least annual
on-site reviews of ocean marine terminals to determine whether the
terminal is complying with the requirements of this Act, including
but not limited to weighing and inspecting intermodal containers;
their tagging, quarantine and/or re-packing; and record-keeping
requirements. Following an inspection in which the Department
determines that an ocean marine terminal operator has failed to
comply with any of the requirements of this Act, the Department
shall:
(1) require the ocean marine terminal to comply
immediately with the requirements of the Act;
(2) fine the ocean marine terminal operator $100 for
every day, after the day of inspection, that the terminal fails to
comply with the requirements of this Act;
(3) after 10 days of non-compliance, immediately
forward a recommendation to the Texas Department of Transportation
to suspend the terminal's motor carrier property permit, and
forward a recommendation to the Federal Motor Carrier Safety
Administration for administrative or other action deemed necessary
against the ocean marine terminal's interstate operating
authority; and
(4) after 20 days of non-compliance, the ocean marine
terminal's property permit shall be revoked.
(b) If any inspection results in an unsatisfactory rating
due to conditions presenting an imminent danger to the public
safety, the Department of Transportation shall take actions
pursuant to Section 621.605(a)(3) and/or Section 621.605(a)(4) of
the Act.
(c) In addition, any port of entry supervisor or weight
enforcement officer, while in the performance of the duties of
office, is authorized to enter at any time an ocean marine terminal
to weigh and/or inspect any intermodal containers that have been
green-tagged. If any green-tagged container that when loaded upon
a vehicle, with the appropriate number of axles as specified on the
green tag, shall cause the motor carrier's vehicle to exceed the
State's axle weight restrictions or the Federal gross vehicle
weight restrictions, or is determined to be improperly packed or
unsafely loaded, the ocean marine terminal operator shall be
subject to a $1000 fine per overweight or unsafe container as well
as any of the penalties set forth in Section 621.605 of the Act.
Sec. 621.606. RULES. The Department shall adopt rules
necessary to administer Subchapter H.
SECTION 3. This Act takes effect September 1, 2003.