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A BILL TO BE ENTITLED
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AN ACT
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relating to the safe operation of certain commercial vehicles in |
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this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 501.023, Transportation Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) An application filed by the owner or lessee of a foreign |
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commercial motor vehicle, as defined by Section 648.001, must be |
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accompanied by a copy of the applicable federal declaration form |
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required by the Federal Motor Carrier Safety Administration or its |
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successor in connection with the importation of a motor vehicle or |
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motor vehicle equipment subject to the federal motor vehicle |
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safety, bumper, and theft prevention standards. |
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SECTION 2. Section 502.352(c), Transportation Code, is |
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amended to read as follows: |
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(c) A person may obtain a permit under this section by: |
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(1) applying to the county assessor-collector, the |
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department, or the department's wire service agent, if the |
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department has a wire service agent; |
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(2) paying a fee of $25 for a 72-hour permit or $50 for |
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a 144-hour permit: |
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(A) in cash; |
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(B) by postal money order; |
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(C) by certified check; |
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(D) by wire transfer through the department's |
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wire service agent, if any; |
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(E) by an escrow account; or |
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(F) where the service is provided, by a credit |
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card issued by: |
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(i) a financial institution chartered by a |
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state or the United States; or |
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(ii) a nationally recognized credit |
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organization approved by the Texas Transportation Commission; |
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(3) paying a discount or service charge for a credit |
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card payment or escrow account, in addition to the fee; [and] |
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(4) furnishing to the county assessor-collector, the |
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department, or the department's wire service agent, evidence of |
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financial responsibility for the vehicle that complies with |
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Sections 502.153(c) and 601.168(a) and is written by an insurance |
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company or surety company authorized to write motor vehicle |
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liability insurance in this state; and |
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(5) submitting a copy of the applicable federal |
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declaration form required by the Federal Motor Carrier Safety |
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Administration or its successor in connection with the importation |
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of a motor vehicle or motor vehicle equipment subject to the federal |
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motor vehicle safety, bumper, and theft prevention standards. |
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SECTION 3. Section 643.052, Transportation Code, is amended |
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to read as follows: |
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Sec. 643.052. APPLICATION. To register under this |
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subchapter a motor carrier must submit to the department an |
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application on a form prescribed by the department. The |
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application must include: |
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(1) the name of the owner and the principal business |
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address of the motor carrier; |
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(2) the name and address of the legal agent for service |
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of process on the carrier in this state, if different; |
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(3) a description of each vehicle requiring |
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registration the carrier proposes to operate, including the motor |
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vehicle identification number, make, and unit number; |
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(4) a statement as to whether the carrier proposes to |
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transport household goods or a hazardous material; |
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(5) a declaration that the applicant has knowledge of |
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all laws and rules relating to motor carrier safety, including this |
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chapter, Chapter 644, and Subtitle C; |
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(6) a certification that the carrier is in compliance |
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with the drug testing requirements of 49 C.F.R. Part 382, and if the |
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carrier belongs to a consortium, as defined by 49 C.F.R. Part 382, |
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the names of the persons operating the consortium; [and] |
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(7) a valid identification number issued to the motor |
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carrier by or under the authority of the Federal Motor Carrier |
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Safety Administration or its successor; and |
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(8) any other information the department by rule |
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determines is necessary for the safe operation of a motor carrier |
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under this chapter. |
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SECTION 4. Subchapter B, Chapter 643, Transportation Code, |
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is amended by adding Section 643.064 to read as follows: |
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Sec. 643.064. ISSUANCE OF UNITED STATES DEPARTMENT OF |
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TRANSPORTATION NUMBERS. The department by rule shall provide for |
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the issuance to a motor carrier of an identification number |
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authorized by the Federal Motor Carrier Safety Administration. A |
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rule must conform to rules of the Federal Motor Carrier Safety |
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Administration or its successor. |
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SECTION 5. Subchapter F, Chapter 643, is amended by adding |
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Section 643.256 to read as follows: |
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Sec. 643.256. CEASE AND DESIST ORDER. The department may |
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issue a cease and desist order if the department determines that the |
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action is necessary to: |
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(1) prevent a violation of this chapter; and |
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(2) protect the public health and safety. |
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SECTION 6. The Texas Department of Transportation shall |
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adopt rules under Section 643.064, Transportation Code, as added by |
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this Act, not later than March 1, 2010. |
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SECTION 7. The changes in law made by this Act to Sections |
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501.023 and 643.052, Transportation Code, apply only to an |
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application submitted under those sections to the Texas Department |
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of Transportation on or after the effective date of this Act. An |
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application submitted under those sections to that department |
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before the effective date of this Act is covered by the law in |
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effect on the date the application was submitted, and that law is |
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continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2009. |