By: Carona, Estes	S.B. No. 1373

	A BILL TO BE ENTITLED
	AN ACT
	relating to the issuance and enforcement of motor carrier
	overweight or oversize vehicle permits and motor carrier
	registrations; providing administrative penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  LEGISLATIVE FINDINGS AND PURPOSE.  The
	legislature finds that as the economy of this state continues its
	steady growth, significant increases in the amount of freight
	moving on the roadways of this state have followed suit; that the
	demand for oversize and overweight permits issued by the motor
	carrier division of the Texas Department of Transportation has long
	since surpassed the department's capacity to keep pace; and that
	the department's inability to service the needs of the trucking
	industry has resulted in extreme delays in the issuance of permits
	by the motor carrier division, which negatively impact not only the
	motor carriers involved but also the shipping public they serve.
	The purposes of this Act are to increase the fees charged for
	permits issued by the motor carrier division of the Texas
	Department of Transportation, to address enforcement efforts
	against violators of the motor vehicle size and weight laws of this
	state, and to provide a significant increase in revenue realized by
	this state from increased permit fees, a portion of which will be
	used to address the growing problem of the untimely issuance of
	oversize and overweight permits and a portion of which will be used
	to add at least 25 full-time employees to the number employed by the
	motor carrier division.
	SECTION 2.  Subsection (a), Section 623.0111,
	Transportation Code, is amended to read as follows:
	(a)  When a person applies for a permit under Section
	623.011, the person must:
	(1)  designate in the application each county in which
	the vehicle will be operated; and
	(2)  pay in addition to other fees an annual fee in an
	amount determined according to the following table:
	Number of Counties Designated Fee
	1-5 $175
	6 [1]-20 $250 [$125]
	21-40 $450 [$345]
	41-60 $625 [$565]
	61-80 $800 [$785]
	81-100 $900 [$1,005]
	101-254 $1,000 [$2,000]
	SECTION 3.  Section 623.076, Transportation Code, is amended
	by amending Subsections (a) and (c) and adding Subsection (a-1) to
	read as follows:
	(a)  An application for a permit under this subchapter must
	be accompanied by a permit fee of:
	(1)  $60 [$30] for a single-trip permit;
	(2)  $120 [$60] for a permit that is valid for a period
	not exceeding 30 days;
	(3)  $180 [$90] for a permit that is valid for a period
	of 31 days or more but not exceeding 60 days;
	(4)  $240 [$120] for a permit that is valid for a period
	of 61 days or more but not exceeding 90 days; or
	(5)  $270 [$135] for a permit issued under Section
	623.071(c)(1) or (2).
	(a-1)  The following amounts collected under Subsection (a)
	shall be deposited to the general revenue fund and the remainder
	deposited to the credit of the state highway fund:
	Amount of Fee Amount Allocated to General Revenue Fund
	$60 (single-trip permit)            $30
	$120 (30-day permit)            $60
	$180            $90
	$240            $120
	$270            $135
	(c)  An application for a permit under Section 623.071(c)(3)
	or (d) must be accompanied by the permit fee established by the
	commission for the permit, not to exceed $7,000 [$3,500].  Of each
	fee collected under this subsection, the department shall send:
	(1)  the first $1,000 to the comptroller for deposit to
	the credit of the general revenue fund; and
	(2)  any amount in excess of $1,000 to the comptroller
	for deposit to the credit of the state highway fund.
	SECTION 4.  Subsection (a), Section 623.077, Transportation
	Code, is amended to read as follows:
	(a)  An applicant for a permit under this subchapter, other
	than a permit under Section 623.071(c)(3), must also pay a highway
	maintenance fee in an amount determined according to the following
	table:
	Vehicle Weight in Pounds   Fee
	80,001 to 120,000 $150 [$50]
	120,001 to 160,000 $225 [$75]
	160,001 to 200,000 $300 [$100]
	200,001 and above $375 [$125]
	SECTION 5.  Subsections (a) and (b), Section 623.096,
	Transportation Code, are amended to read as follows:
	(a)  The department shall collect a fee of $40 [$20] for each
	permit issued under this subchapter. Of each fee, $19.70 [30 cents]
	shall be deposited to the credit of the general revenue fund and the
	remainder deposited to the credit of the state highway fund.
	(b)  The department shall adopt rules concerning fees for
	each annual permit issued under Section 623.095(c) at a cost not to
	exceed $3,000 [$1,500]. [Two percent of any fee adopted shall be
	deposited to the credit of the state highway fund.]
	SECTION 6.  Section 623.124, Transportation Code, is amended
	to read as follows:
	Sec. 623.124.  FEE. (a)  An application for a permit must be
	accompanied by a fee of $15 [$7.50].
	(b)  The department shall send each fee collected under this
	section to the comptroller.  Of each fee received from the
	department, the comptroller shall deposit $7.50 to the credit of
	the general revenue fund and $7.50 to the credit of the state
	highway fund.
	SECTION 7.  Section 623.182, Transportation Code, is amended
	to read as follows:
	Sec. 623.182.  PERMIT FEE. (a)  The fee for a permit under
	this subchapter is $100 [$50].
	(b)  The department shall send each fee collected under this
	subchapter to the comptroller.  Of each fee received from the
	department, the comptroller shall deposit $50 to the credit of the
	general revenue fund and $50 to the credit of the state highway
	fund.
	SECTION 8.  Section 623.001, Transportation Code, is amended
	to read as follows:
	Sec. 623.001.  DEFINITIONS [DEFINITION].  In this chapter:
	(1)  "Department"[, "department"] means the Texas
	Department of Transportation.
	(2)  "Shipper" means a person who consigns the movement
	of a shipment.
	(3)  "Shipper's certificate of weight" means a document
	described by Section 623.274.
	SECTION 9.  Chapter 623, Transportation Code, is amended by
	adding Subchapter N to read as follows:
	SUBCHAPTER N. ADMINISTRATIVE SANCTIONS
	Sec. 623.271.  ADMINISTRATIVE ENFORCEMENT.  (a)  The
	department may investigate and, except as provided by Subsection
	(f), may impose an administrative penalty or revoke an oversize or
	overweight permit issued under this chapter if the person or the
	holder of the permit, as applicable:
	(1)  provides false information on the permit
	application or another form required by the department for the
	issuance of an oversize or overweight permit;
	(2)  violates this chapter, Chapter 621, or Chapter
	622;
	(3)  violates a rule or order adopted under this
	chapter, Chapter 621, or Chapter 622; or
	(4)  fails to obtain an oversize or overweight permit
	if a permit is required.
	(b)  The notice and hearing requirements of Section 643.2525
	apply to the imposition of an administrative penalty or the
	revocation of a permit under this section as if the action were
	being taken under that section.
	(c)  It is an affirmative defense to administrative
	enforcement under this section that the person or holder of the
	permit relied on the shipper's certificate of weight.
	(d)  The amount of an administrative penalty imposed under
	this section is calculated in the same manner as the amount of an
	administrative penalty imposed under Section 643.251.
	(e)  A person who has been ordered to pay an administrative
	penalty under this section and the vehicle that is the subject of
	the enforcement order may not be issued a permit under this chapter
	until the amount of the penalty has been paid to the department.
	(f)  This subsection applies only to a vehicle or combination
	that is used to transport agricultural products or timber products
	from the place of production to the place of first marketing or
	first processing. In connection with a violation of a vehicle or
	combination weight restriction or limitation in this chapter,
	Chapter 621, or Chapter 622, the department may not impose an
	administrative penalty against a person or the holder of an
	overweight permit if the weight of the vehicle or combination
	involved in the violation did not exceed the allowable weight by
	more than three percent.
	Sec. 623.272.  ADMINISTRATIVE PENALTY FOR FALSE INFORMATION
	ON CERTIFICATE. (a)  The department may investigate and impose an
	administrative penalty on a shipper who provides false information
	on a shipper's certificate of weight that the shipper delivers to a
	person transporting a shipment.
	(b)  The notice and hearing requirements of Section 643.2525
	apply to the imposition of an administrative penalty under this
	section as if the action were being taken under that section.
	(c)  The amount of an administrative penalty imposed under
	this section is calculated in the same manner as the amount of an
	administrative penalty imposed under Section 643.251.
	Sec. 623.273.  INJUNCTIVE RELIEF. (a)  The attorney
	general, at the request of the department, may petition a district
	court for appropriate injunctive relief to prevent or abate a
	violation of this chapter or a rule or order adopted under this
	chapter.
	(b)  Venue in a suit for injunctive relief under this section
	is in Travis County.
	(c)  On application for injunctive relief and a finding that
	a person is violating or has violated this chapter or a rule or
	order adopted under this chapter, the court shall grant the
	appropriate relief without bond.
	(d)  The attorney general and the department may recover
	reasonable expenses incurred in obtaining injunctive relief under
	this section, including court costs, reasonable attorney's fees,
	investigative costs, witness fees, and deposition expenses.
	Sec. 623.274.  SHIPPER'S CERTIFICATE OF WEIGHT. (a)  The
	department shall prescribe a form to be used for a shipper's
	certificate of weight. The form must provide space for the maximum
	weight of the shipment being transported.
	(b)  For a shipper's certificate of weight to be valid, the
	shipper must:
	(1)  certify that the information contained on the form
	is accurate; and
	(2)  deliver the certificate to the motor carrier or
	other person transporting the shipment before the motor carrier or
	other person applies for an overweight permit under this chapter.
	SECTION 10.  Section 643.001, Transportation Code, is
	amended by adding Subdivision (7-a) to read as follows:
	(7-a)  "Unified carrier registration system" means a
	motor vehicle registration system established under 49 U.S.C.
	Section 13908 or a similar federal registration program that
	replaces that system.
	SECTION 11.  Section 643.002, Transportation Code, is
	amended to read as follows:
	Sec. 643.002.  EXEMPTIONS. This chapter does not apply to:
	(1)  motor carrier operations exempt from registration
	by the Unified Carrier Registration Act of 2005 (49 U.S.C. Sections
	14504a and 14506) or a motor vehicle registered under the single
	state registration system established under 49 U.S.C. Section
	14504(c) when operating exclusively in interstate or international
	commerce;
	(2)  a motor vehicle registered as a cotton vehicle
	under Section 504.505 [502.277];
	(3)  a motor vehicle the department by rule exempts
	because the vehicle is subject to comparable registration and a
	comparable safety program administered by another governmental
	entity;
	(4)  a motor vehicle used to transport passengers
	operated by an entity whose primary function is not the
	transportation of passengers, such as a vehicle operated by a
	hotel, day-care center, public or private school, nursing home, or
	similar organization;
	(5)  a vehicle operating under a private carrier permit
	issued under Chapter 42, Alcoholic Beverage Code; or
	(6)  a vehicle operated by a governmental entity.
	SECTION 12.  Subsection (a), Section 643.251,
	Transportation Code, is amended to read as follows:
	(a)  The department may impose an administrative penalty
	against a motor carrier required to register under Subchapter B
	that violates this chapter [Subchapter B or C or Section 643.151,
	643.152, 643.153(a)-(f), or 643.155] or a rule or order adopted
	under this chapter [those provisions or Section 643.003.  The
	department shall designate one or more employees to investigate
	violations and administer penalties under this section].
	SECTION 13.  The heading to Section 643.252, Transportation
	Code, is amended to read as follows:
	Sec. 643.252.  ADMINISTRATIVE SANCTIONS [SUSPENSION AND
	REVOCATION OF REGISTRATION].
	SECTION 14.  Subsection (a), Section 643.252,
	Transportation Code, is amended to read as follows:
	(a)  The department may suspend, [or] revoke, or deny 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);
	(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)  violates any other provision of this chapter;
	(5)  knowingly provides false information on any form
	filed with the department under this chapter; or
	(6) [(5)]  violates a rule or order adopted under this
	chapter [Section 643.063].
	SECTION 15.  Subchapter F, Chapter 643, Transportation Code,
	is amended by adding Section 643.2525 to read as follows:
	Sec. 643.2525.  ADMINISTRATIVE HEARING PROCESS.  (a)  If the
	department determines that a violation has occurred for which an
	enforcement action is being taken under Section 643.251 or 643.252,
	the department shall give written notice to the motor carrier by
	certified mail to the carrier's address as shown in the records of
	the department.
	(b)  A notice required by Subsection (a) must include:
	(1)  a brief summary of the alleged violation;
	(2)  a statement of each administrative sanction being
	taken;
	(3)  the effective date of each sanction;
	(4)  a statement informing the carrier of the carrier's
	right to request a hearing; and
	(5)  a statement as to the procedure for requesting a
	hearing, including the period during which a request must be made.
	(c)  If not later than the 26th day after the date the notice
	is mailed the department receives a written request for a hearing,
	the department shall set a hearing and give notice of the hearing to
	the carrier. The hearing shall be conducted by an administrative
	law judge of the State Office of Administrative Hearings.
	(d)  If the motor carrier does not timely request a hearing
	under Subsection (c), the department's decision becomes final on
	the expiration of the period described by Subsection (c).
	(e)  The administrative law judge shall make findings of fact
	and conclusions of law and promptly issue to the director a proposal
	for a decision as to the occurrence of the violation and the
	administrative penalties or sanctions.
	(f)  In addition to a penalty or sanction proposed under
	Subsection (e), the administrative law judge shall include in the
	proposal for a decision a finding setting out costs, fees,
	expenses, and reasonable and necessary attorney's fees incurred by
	the state in bringing the proceeding. The director may adopt the
	finding and make it a part of a final order entered in the
	proceeding.
	(g)  Based on the findings of fact, conclusions of law, and
	proposal for a decision, the director by order may find that a
	violation has occurred and impose the sanctions or may find that a
	violation has not occurred.
	(h)  The director shall provide written notice to the motor
	carrier of a finding made under Subsection (g) and shall include in
	the notice a statement of the right of the carrier to judicial
	review of the order.
	(i)  Before the 31st day after the date the director's order
	under Subsection (g) becomes final as provided by Section 2001.144,
	Government Code, the motor carrier may appeal the order by filing a
	petition for judicial review contesting the order. Judicial review
	is under the substantial evidence rule.
	(j)  A petition filed under Subsection (i) stays the
	enforcement of the administrative action until the earlier of the
	550th day after the date the petition was filed or the date a final
	judgment is rendered by the court.
	(k)  If the motor carrier is required to pay a penalty or cost
	under Subsection (f), failure to pay the penalty or cost before the
	61st day after the date the requirement becomes final is a violation
	of this chapter and may result in an additional penalty, revocation
	or suspension of a motor carrier registration, or denial of renewal
	of a motor carrier registration.
	(l)  A motor carrier that is required to pay a penalty, cost,
	fee, or expense under this section or Section 643.251 is not
	eligible for a reinstatement or renewal of a registration under
	this chapter until all required amounts have been paid to the
	department.
	(m)  If the suspension of a motor carrier's registration is
	probated, the department may require the carrier to report
	regularly to the department on any matter that is the basis of the
	probation. Any violation of the probation may result in the
	imposition of an administrative penalty or the revocation of the
	registration.
	(n)  All proceedings under this section are subject to
	Chapter 2001, Government Code.
	SECTION 16.  Subsection (a), Section 643.254,
	Transportation Code, is amended to read as follows:
	(a)  To investigate an alleged violation of this chapter or a
	rule or order adopted under this chapter [Subchapter B, C, or D], an
	officer or employee of the department who has been certified for the
	purpose by the director may enter a motor carrier's premises to
	inspect, copy, or verify the correctness of a document, including
	an operation log or insurance certificate.
	SECTION 17.  Subchapter F, Chapter 643, Transportation Code,
	is amended by adding Section 643.255 to read as follows:
	Sec. 643.255.  INJUNCTIVE RELIEF. (a)  The attorney
	general, at the request of the department, may petition a district
	court for appropriate injunctive relief to prevent or abate a
	violation of this chapter or a rule or order adopted under this
	chapter.
	(b)  Venue in a suit for injunctive relief under this section
	is in Travis County.
	(c)  On application for injunctive relief and a finding that
	a person is violating or has violated this chapter or a rule or
	order adopted under this chapter, the court shall grant the
	appropriate relief without bond.
	(d)  The attorney general and the department may recover
	reasonable expenses incurred in obtaining injunctive relief under
	this section, including court costs, reasonable attorney's fees,
	investigative costs, witness fees, and deposition expenses.
	SECTION 18.  Section 645.001, Transportation Code, is
	amended to read as follows:
	Sec. 645.001.  FEDERAL MOTOR CARRIER [SINGLE STATE]
	REGISTRATION.  The Texas Department of Transportation may [shall],
	to the fullest extent practicable, participate in a federal motor
	carrier registration program under the unified carrier
	registration system as defined by Section 643.001 or the single
	state registration system established under 49 U.S.C. Section
	14504.
	SECTION 19.  Section 645.003, Transportation Code, is
	amended to read as follows:
	Sec. 645.003.  ENFORCEMENT RULES. The department shall
	adopt rules that are consistent with federal law providing for[:
	[(1)]  administrative penalties and sanctions for a
	failure to register as required by the unified carrier registration
	system or single state registration system or for a violation of
	this chapter or a rule adopted under this chapter in the same manner
	as Subchapter F, Chapter 643 [Section 643.251; and
	[(2)  suspension and revocation of registration in the
	same manner as Section 643.252].
	SECTION 20.  The following laws are repealed:
	(1)  Subsections (d) through (r), Section 643.251,
	Transportation Code; and
	(2)  Subsections (c), (d), and (e), Section 643.252,
	Transportation Code.
	SECTION 21.  (a)  Subchapter N, Chapter 623, Transportation
	Code, as added by this Act, applies only to a violation that occurs,
	or information that is provided to the Texas Department of
	Transportation, on or after the effective date of this Act.
	(b)  Section 643.2525, Transportation Code, as added by this
	Act, applies only to a violation for which an enforcement action
	under Section 643.251 or 643.252, Transportation Code, is commenced
	on or after the effective date of this Act, regardless of when the
	violation occurred. An action commenced under Section 643.251 or
	643.252, Transportation Code, before the effective date of this Act
	is governed by the law in effect immediately before the effective
	date of this Act, and the former law is continued in effect for that
	purpose.
	(c)  The changes in law made by this Act relating to the
	amount or disposition of a fee collected by the Texas Department of
	Transportation in connection with a permit for an overweight or
	oversize vehicle apply only to a permit that is applied for on or
	after the effective date of this Act.
	SECTION 22.  This Act takes effect September 1, 2007.