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.