BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1870

                                                                                                                             By: Turner (Madla)

                                                                                                                                       State Affairs

                                                                                                                                            5/17/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

The purpose of regulation in the trucking of household goods (HHG) carriers is to assure consumers that their chosen carrier is both properly registered with the Texas Department of Transportation (TxDOT) and fully insured.  Since most household goods business is derived from printed advertising, it is of extreme importance that carriers include their certificates of registration.  Under the current program, all HHG carriers are required to register their operations with TxDOT and follow the rules regarding advertising services to the public.  However, TxDOT has limited enforcement capability for its motor carrier rules and regulations and no authority to enforce regulations on companies that sell, print, or distribute advertising.  Currently, there are approximately 40,000 companies registered to transport goods in this state.  If companies selling advertising were required to include the TxDOT certificate of registration number of all HHG carriers, then consumers could conduct a check on the carrier before making a move.  Consumers, if aware that the state oversees an HHG carrier’s actions, could also contact TxDOT to check on companies' claim histories or to seek assistance in settling a dispute involving a claim for damages that may have occurred during a move.

 

H.B. 1870 specifies that companies advertising for household goods carriers must include each carrier's certificate of registration number.   If the consumers know that household goods carriers are registered with TxDOT and that TxDOT possesses a wealth of knowledge on these carriers, then their moving experiences will produce fewer problems. 

 

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 17.46(b), Business & Commerce Code, to provide that the term "false, misleading, or deceptive acts or practices," except as provided in Subsection (d) of this section, includes, but is not limited to, buying print advertising for a motor carrier registered to transport household goods in this state and not including the carrier's certificate of registration number issued by the Texas Department of Transportation in the advertising.

 

SECTION 2.  Effective date: September 1, 2005.