By:  Seaman, Bohac (Senate Sponsor - Armbrister)                  H.B. No. 341
	(In the Senate - Received from the House April 14, 2005; 
April 18, 2005, read first time and referred to Committee on 
Transportation and Homeland Security; May 11, 2005, reported 
favorably by the following vote:  Yeas 7, Nays 0; May 11, 2005, 
sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to regulation of motor carriers transporting household 
goods.    
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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 2.  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 3.  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 4.  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 5.  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 6.  Section 643.153(c), Transportation Code, is 
repealed.            
	SECTION 7.  This Act takes effect September 1, 2005.                           



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