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Amend CSHB 2702 by adding a new Section __ as follows and 
renumber all remaining sections appropriately.
	(a)  The Study Commission on Availability of Pre-Owned Heavy 
Duty Commercial Motor Vehicles is created as provided by this 
section.
	(b)  The commission is composed of three members as follows:                   
		(1)  one member appointed by the governor;                                    
		(2)  one member appointed by the lieutenant governor;                         
		(3)  one member appointed by the speaker of the house of 
representatives.   
	(c)  Each member of the commission serves at the will of the 
person who appointed the member.
	(d)  The members of the commission shall select the presiding 
officer.       
	(e)  A member of the commission is not entitled to receive 
compensation for service on the commission but is entitled to 
reimbursement of the travel expenses incurred by the member while 
conducting the business of the commission, as provided by the 
General Appropriations Act.
	(f)  The commission may accept gifts and grants from any 
source to be used to carry out a function of the commission.
	(g)  The commission shall conduct public hearings and study 
public policy implications relating to any act by the Texas 
Department of Transportation that would close existing businesses 
in this state because of the ownership structure of businesses that 
sell pre-owned heavy duty trucks that weigh in excess of 11,000 
pounds.  The commission shall determine whether such actions by the 
department could impact the use and operation of rail and highway 
transportation facilities in this state by heavy duty trucks.
	(h)  The study shall include:                                                  
		(1)  a review of the laws of other states regarding 
whether there are restrictions on ownership structure of businesses 
that sell heavy duty commercial trucks;
		(2)  a review of whether safety of pre-owned heavy duty 
trucks on highways in this state could be compromised if the Texas 
Department of Transportation closes businesses that currently sell 
such trucks;
		(3)  a review of whether the Texas Department of 
Transportation's application of Section 2301.476 of the 
Occupations Code could negatively impact competition in the 
pre-owned heavy duty truck market as well as the impact that such a 
decision could have on small, independent pre-owned truck 
dealerships, and independent owner/operators of trucking 
businesses in this state;
		(4)  other issues that the commission considers 
relevant to protecting the public interest regarding safety and 
availability of pre-owned heavy duty trucks that operate on the 
highways of this state.
	(i)  Not later than December 1, 2006, the commission shall 
issue a report to the governor, lieutenant governor, speaker of the 
house of representatives, and the chair of the committee in the 
house and senate with jurisdiction of transportation issues.  The 
report shall summarize the following:
		(1)  any hearings conducted by the commission;                                
		(2)  any studies conducted by the commission;                                 
		(3)  any legislation proposed by the commission; and,                         
		(4)  any other findings and recommendations of the 
commission.