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79R5846 JRJ-F

By:  Talton                                                       H.B. No. 1989



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of controllers of intermodal 
transportation equipment by the Department of Public Safety.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 644.001, Transportation Code, is amended 
by adding Subdivisions (7) and (8) to read as follows:
		(7)  "Controller" means a person who has legal right, 
title, or interest in intermodal transportation equipment and the 
authority to conduct systematic maintenance and repair on the 
equipment.
		(8)  "Intermodal transportation equipment" means 
equipment used in the transportation of freight, including a 
trailer, chassis, or container or any device associated with a 
trailer, chassis, or container.
	SECTION 2.  Subchapter B, Chapter 644, Transportation Code, 
is amended by adding Section 644.055 to read as follows:
	Sec. 644.055.  REGULATION OF CONTROLLERS OF INTERMODAL 
TRANSPORTATION EQUIPMENT.  The department shall adopt rules 
regulating a controller of intermodal transportation equipment.  
The rules must provide that a controller:
		(1)  shall inspect, maintain, and repair the equipment 
as required to comply with all applicable federal and state safety 
regulations;
		(2)  may not contract with a motor carrier to transport 
intermodal transportation equipment that does not comply with 
applicable safety regulations;
		(3)  shall reimburse a motor carrier for any repair or 
maintenance of intermodal transportation equipment that is 
required to comply with applicable safety regulations while the 
equipment is in the possession of the motor carrier, unless the 
repair or maintenance is required because of the wilful misconduct 
or negligence of the motor carrier;
		(4)  may not unreasonably delay delivery of equipment 
to or threaten, coerce, discipline, discriminate against, or 
otherwise retaliate against a motor carrier in response to a 
request by the motor carrier for the repair or maintenance of the 
equipment; and
		(5)  may not delegate responsibility to systematically 
maintain and repair equipment to a motor carrier in an agreement 
with the motor carrier to transport the equipment.
	SECTION 3.  Section 644.104(a), Transportation Code, is 
amended to read as follows:
	(a)  An officer or employee of the department who has been 
certified for the purpose by the director may enter the premises of 
a motor carrier or a controller [a motor carrier's premises] to:
		(1)  inspect real property, including a building, or 
equipment; or          
		(2)  copy or verify the correctness of documents, 
including records or reports, required to be kept or made by rules 
adopted under this chapter.
	SECTION 4.  Section 644.151, Transportation Code, is amended 
by amending Subsection (b) and adding Subsection (d) to read as 
follows:
	(b)  Except as provided by Subsection (d), an [An] offense 
under this section is a Class C misdemeanor.
	(d)  If it is shown on the trial of an offense under this 
section involving violation of a rule adopted under Section 644.055 
that the defendant has been previously convicted of two or more 
violations of a rule adopted under Section 644.055, the offense is a 
misdemeanor punishable by a fine not to exceed $1,000.
	SECTION 5.  This Act takes effect September 1, 2005.