Amend CSHB 2702, by adding the following new SECTIONS and
renumbering subsequent SECTIONS accordingly:
SECTION ____. Section 643.051, Transportation Code, is
amended to read as follows:
Sec. 643.051. REGISTRATION REQUIRED. (a) A motor carrier
may not operate a commercial motor vehicle, as defined by Section
548.001, or a tow truck on a road or highway of this state unless the
carrier registers with the department under this subchapter.
(b) A motor carrier may not operate a vehicle, regardless of
size of the vehicle, to transport household goods for compensation
unless the carrier registers with the department under this
subchapter.
SECTION ____. Section 643.153(b), Transportation Code, is
amended to read as follows:
(b) The department may adopt rules necessary to ensure that
a customer of a motor carrier transporting household goods is
protected from deceptive or unfair practices and unreasonably
hazardous activities. The rules must:
(1) establish a formal process for resolving a dispute
over a fee or damage;
(2) require a motor carrier to indicate clearly to a
customer whether an estimate is binding or nonbinding and disclose
the maximum price a customer could be required to pay;
(3) create a centralized process for making complaints
about a motor carrier that also allows a customer to inquire about a
carrier's complaint record; and
(4) require a motor carrier transporting household
goods to list a place of business with a street address in this
state and the carrier's registration number issued under this
article in any print advertising published in this state[;
[(5) require motor carriers that are required to
register under Subsection (c) to file proof of cargo insurance in
amounts to be determined by the department that do not exceed the
amount required for a motor carrier transporting household goods
under federal law and allow alternative evidence of financial
responsibility, through surety bonds, letters of credit, or other
means satisfactory to the department, for contractual obligations
to customers that do not exceed $5,000 aggregate loss or damage to
total cargo shipped at any one time;
[(6) require motor carriers that are required to
register under Subsection (c) to conspicuously advise consumers
concerning limitation of any carrier liability for loss or damage
as determined under Subdivision (7); and
[(7) determine reasonable provisions governing
limitation of liability for loss or damage of motor carriers
required to register under Subsection (c), not to exceed 60 cents
per pound per article].
SECTION ____. Section 643.155(c), Transportation Code, is
amended to read as follows:
(c) The committee shall[:
[(1)] examine the rules adopted by the department
under Sections 643.153(a) and (b) and make recommendations to the
department on modernizing and streamlining the rules[;
[(2) conduct a study of the feasibility and necessity
of requiring any vehicle liability insurance for household goods
carriers required to register under Section 643.153(c); and
[(3) recommend a maximum level of liability limitation
under Section 643.153(b)(7) that does not exceed 60 cents per
pound].
SECTION ____. Section 643.252(a), Transportation Code, is
amended to read as follows:
(a) The department may suspend or revoke a registration
issued under this chapter or place on probation a motor carrier
whose registration is suspended if a motor carrier:
(1) fails to maintain insurance or evidence of
financial responsibility as required by Section 643.101(a), (b),
(c), or (d) [or 643.153(b)];
(2) fails to keep evidence of insurance in the cab of
each vehicle as required by Section 643.103(b);
(3) fails to register a vehicle requiring
registration;
(4) knowingly provides false information on any form
filed with the department under this chapter; or
(5) violates a rule adopted under Section 643.063.
SECTION ____. Sections 643.253(a), (b), and (e),
Transportation Code, are amended to read as follows:
(a) A person commits an offense if the person fails to:
(1) register as required by Subchapter B [or Section
643.153(c)];
(2) maintain insurance or evidence of financial
responsibility as required by Subchapter C [or Section 643.153]; or
(3) keep a cab card in the cab of a vehicle as required
by Section 643.059.
(b) A person commits an offense if the person solicits the
transportation of household goods for compensation and is not
registered as required by Subchapter B [or Section 643.153].
(e) An offense under Subsection (b) or (d) is a misdemeanor
punishable by a fine of not less than $200 or more than $1,000 per
violation.
SECTION ____. Section 643.153(c), Transportation Code, is
repealed.