80R8089 JD-F
	By: Carona	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.  Section 623.011, Transportation Code, is amended
	by amending Subsection (b) and adding Subsection (h) to read as
	follows:
	(b)  To qualify for a permit under this section:
	(1)  the vehicle must be registered under Chapter 502
	for the maximum gross weight applicable to the vehicle under
	Section 621.101, not to exceed 80,000 pounds;
	(2)  the security requirement of Section 623.012 must
	be satisfied; and
	(3)  a base permit fee of $225 [$75], any additional fee
	required by Section 623.0111, and any additional fee set by the
	department under Section 623.0112 must be paid.
	(h)  The department shall send each fee collected under this
	section to the comptroller for deposit to the credit of the state
	highway fund.
	SECTION 2.  Section 623.0111(a), 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
	1-20 $375 [$125]
	21-40 $1,035 [$345]
	41-60 $1,695 [$565]
	61-80 $2,355 [$785]
	81-100 $3,015 [$1,005]
	101-254 $6,000 [$2,000]
	SECTION 3.  Section 623.0112, Transportation Code, is
	amended to read as follows:
	Sec. 623.0112.  ADDITIONAL ADMINISTRATIVE FEE. (a)  When a
	person applies for a permit under Section 623.011, the person must
	pay in addition to other fees an administrative fee adopted by
	department rule in an amount not to exceed the direct and indirect
	cost to the department of:
	(1)  issuing a sticker under Section 623.011(d);
	(2)  distributing fees under Section 621.353; and
	(3)  notifying counties under Section 623.013.
	(b)  The department shall send each fee collected under this
	section to the comptroller for deposit to the credit of the state
	highway fund.
	SECTION 4.  Section 623.014, Transportation Code, is amended
	by adding Subsection (f) to read as follows:
	(f)  The department shall send each fee collected under this
	section to the comptroller for deposit to the credit of the state
	highway fund.
	SECTION 5.  Sections 623.076(a) and (c), Transportation
	Code, are amended to read as follows:
	(a)  An application for a permit under this subchapter must
	be accompanied by a permit fee of:
	(1)  $90 [$30] for a single-trip permit;
	(2)  $180 [$60] for a permit that is valid for a period
	not exceeding 30 days;
	(3)  $270 [$90] for a permit that is valid for a period
	of 31 days or more but not exceeding 60 days;
	(4)  $360 [$120] for a permit that is valid for a period
	of 61 days or more but not exceeding 90 days; or
	(5)  $405 [$135] for a permit issued under Section
	623.071(c)(1) or (2).
	(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 $10,500 [$3,500]. The [Of
	each fee collected under this subsection, the] department shall
	send each fee collected under this subsection [:
	[(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 6.  Section 623.077(a), 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 7.  Section 623.096, Transportation Code, is amended
	by amending Subsections (a) and (b) and adding Subsection (d) to
	read as follows:
	(a)  The department shall collect a fee of $60 [$20] for each
	permit issued under this subchapter. [Of each fee, 30 cents shall
	be 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 $4,500 [$1,500]. [Two percent of any fee adopted shall be
	deposited to the credit of the state highway fund.]
	(d)  The department shall send each fee collected under this
	section to the comptroller for deposit to the credit of the state
	highway fund.
	SECTION 8.  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 $22.50 [$7.50].
	(b)  The department shall send each fee collected under this
	section to the comptroller for deposit to the credit of the state
	highway fund.
	SECTION 9.  Section 623.144, Transportation Code, is amended
	to read as follows:
	Sec. 623.144.  REGISTRATION OF VEHICLE. A permit under this
	subchapter may be issued only if the vehicle is registered under
	Chapter 502 for the maximum gross weight applicable to the vehicle
	under Section 621.101 or has the distinguishing license plates as
	provided by Section 504.504 [502.276] if applicable to the vehicle.
	SECTION 10.  Section 623.149(a), Transportation Code, is
	amended to read as follows:
	(a)  The department may establish criteria to determine
	whether oil well servicing, oil well clean out, or oil well drilling
	machinery or equipment is subject to registration under Chapter 502
	or eligible for the distinguishing license plate provided by
	Section 504.504 [502.276].
	SECTION 11.  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 $150 [$50].
	(b)  The department shall send each fee collected under this
	subchapter to the comptroller for deposit to the credit of the state
	highway fund.
	SECTION 12.  Section 623.194, Transportation Code, is
	amended to read as follows:
	Sec. 623.194.  REGISTRATION OF VEHICLE. A permit under this
	subchapter may be issued only if the vehicle to be moved is
	registered under Chapter 502 for the maximum gross weight
	applicable to the vehicle under Section 621.101 or has the
	distinguishing license plates as provided by Section 504.504
	[502.276] if applicable to the vehicle.
	SECTION 13.  Section 623.199(a), Transportation Code, is
	amended to read as follows:
	(a)  The department may establish criteria to determine
	whether an unladen lift equipment motor vehicle that because of its
	design for use as lift equipment exceeds the maximum weight and
	width limitations prescribed by statute is subject to registration
	under Chapter 502 or eligible for the distinguishing license plate
	provided by Section 504.504 [502.276].
	SECTION 14.  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 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
	when 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)  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.
	(d)  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.
	Sec. 623.272.  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, has violated, or threatens to violate this
	chapter or a rule or order adopted under this chapter, the court
	shall grant the appropriate relief.
	SECTION 15.  Section 643.251(a), 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 16.  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 17.  Section 643.252(a), 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 18.  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
	first class mail to the carrier's address as shown in the records of
	the department. Notice is presumed to be received on the fifth day
	after the date the notice is mailed.
	(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 19.  Section 643.254(a), 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 20.  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, has violated, or threatens to violate this
	chapter or a rule or order adopted under this chapter, the court
	shall grant the appropriate relief.
	SECTION 21.  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 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 22.  The following laws are repealed:
	(1)  Sections 643.251(d), (e), (f), (g), (h), (i), (j),
	(k), (l), (m), (n), (o), (p), (q), and (r), Transportation Code; and
	(2)  Sections 643.252(c), (d), and (e), Transportation
	Code.
	SECTION 23.  (a) 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.
	(b)  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.
	(c)  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.
	SECTION 24.  This Act takes effect September 1, 2007.