Texas 2009 - 81st Regular

Texas House Bill HB2985 Compare Versions

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1	1	H.B. No. 2985
2	2
3	3
4	4	AN ACT
5	5	relating to the operation of certain commercial vehicles in this
6	6	state.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 501.023, Transportation Code, is amended
9	9	by adding Subsection (d) to read as follows:
10	10	(d) An application filed by the owner or lessee of a foreign
11	11	commercial motor vehicle, as defined by Section 648.001, must be
12	12	accompanied by a copy of the applicable federal declaration form
13	13	required by the Federal Motor Carrier Safety Administration or its
14	14	successor in connection with the importation of a motor vehicle or
15	15	motor vehicle equipment subject to the federal motor vehicle
16	16	safety, bumper, and theft prevention standards.
17	17	SECTION 2. Section 502.352(c), Transportation Code, is
18	18	amended to read as follows:
19	19	(c) A person may obtain a permit under this section by:
20	20	(1) applying to the county assessor-collector, the
21	21	department, or the department's wire service agent, if the
22	22	department has a wire service agent;
23	23	(2) paying a fee of $25 for a 72-hour permit or $50 for
24	24	a 144-hour permit:
25	25	(A) in cash;
26	26	(B) by postal money order;
27	27	(C) by certified check;
28	28	(D) by wire transfer through the department's
29	29	wire service agent, if any;
30	30	(E) by an escrow account; or
31	31	(F) where the service is provided, by a credit
32	32	card issued by:
33	33	(i) a financial institution chartered by a
34	34	state or the United States; or
35	35	(ii) a nationally recognized credit
36	36	organization approved by the Texas Transportation Commission;
37	37	(3) paying a discount or service charge for a credit
38	38	card payment or escrow account, in addition to the fee; [and]
39	39	(4) furnishing to the county assessor-collector, the
40	40	department, or the department's wire service agent, evidence of
41	41	financial responsibility for the vehicle that complies with
42	42	Sections 502.153(c) and 601.168(a) and is written by an insurance
43	43	company or surety company authorized to write motor vehicle
44	44	liability insurance in this state; and
45	45	(5) submitting a copy of the applicable federal
46	46	declaration form required by the Federal Motor Carrier Safety
47	47	Administration or its successor in connection with the importation
48	48	of a motor vehicle or motor vehicle equipment subject to the federal
49	49	motor vehicle safety, bumper, and theft prevention standards.
50	50	SECTION 3. Section 643.052, Transportation Code, is amended
51	51	to read as follows:
52	52	Sec. 643.052. APPLICATION. To register under this
53	53	subchapter a motor carrier must submit to the department an
54	54	application on a form prescribed by the department. The
55	55	application must include:
56	56	(1) the name of the owner and the principal business
57	57	address of the motor carrier;
58	58	(2) the name and address of the legal agent for service
59	59	of process on the carrier in this state, if different;
60	60	(3) a description of each vehicle requiring
61	61	registration the carrier proposes to operate, including the motor
62	62	vehicle identification number, make, and unit number;
63	63	(4) a statement as to whether the carrier proposes to
64	64	transport household goods or a hazardous material;
65	65	(5) a declaration that the applicant has knowledge of
66	66	all laws and rules relating to motor carrier safety, including this
67	67	chapter, Chapter 644, and Subtitle C;
68	68	(6) a certification that the carrier is in compliance
69	69	with the drug testing requirements of 49 C.F.R. Part 382, and if the
70	70	carrier belongs to a consortium, as defined by 49 C.F.R. Part 382,
71	71	the names of the persons operating the consortium; [and]
72	72	(7) a valid identification number issued to the motor
73	73	carrier by or under the authority of the Federal Motor Carrier
74	74	Safety Administration or its successor; and
75	75	(8) any other information the department by rule
76	76	determines is necessary for the safe operation of a motor carrier
77	77	under this chapter.
78	78	SECTION 4. Subchapter B, Chapter 643, Transportation Code,
79	79	is amended by adding Section 643.064 to read as follows:
80	80	Sec. 643.064. ISSUANCE OF UNITED STATES DEPARTMENT OF
81	81	TRANSPORTATION NUMBERS. The department by rule shall provide for
82	82	the issuance to a motor carrier of an identification number
83	83	authorized by the Federal Motor Carrier Safety Administration. A
84	84	rule must conform to rules of the Federal Motor Carrier Safety
85	85	Administration or its successor.
86	86	SECTION 5. Section 643.252, Transportation Code, is amended
87	87	by adding Subsection (c) to read as follows:
88	88	(c) The department shall revoke or deny a registration
89	89	issued under this chapter to a for-hire motor carrier of passengers
90	90	if the motor carrier is required to register with the Federal Motor
91	91	Carrier Safety Administration and the federal registration is
92	92	denied, revoked, suspended, or otherwise terminated.
93	93	SECTION 6. Subchapter F, Chapter 643, Transportation Code,
94	94	is amended by adding Section 643.256 to read as follows:
95	95	Sec. 643.256. CEASE AND DESIST ORDER. The department may
96	96	issue a cease and desist order if the department determines that the
97	97	action is necessary to:
98	98	(1) prevent a violation of this chapter; and
99	99	(2) protect the public health and safety.
100	100	SECTION 7. The Texas Department of Transportation shall
101	101	adopt rules under Section 643.064, Transportation Code, as added by
102	102	this Act, not later than March 1, 2010.
103	103	SECTION 8. The changes in law made by this Act to Sections
104	104	501.023 and 643.052, Transportation Code, apply only to an
105	105	application submitted under those sections to the Texas Department
106	106	of Transportation on or after the effective date of this Act. An
107	107	application submitted under those sections to that department
108	108	before the effective date of this Act is covered by the law in
109	109	effect on the date the application was submitted, and that law is
110	110	continued in effect for that purpose.
111	111	SECTION 9. This Act takes effect September 1, 2009.
112	112	______________________________ ______________________________
113	113	President of the Senate Speaker of the House
114	114	I certify that H.B. No. 2985 was passed by the House on April
115	115	30, 2009, by the following vote: Yeas 132, Nays 0, 1 present, not
116	116	voting.
117	117	______________________________
118	118	Chief Clerk of the House
119	119	I certify that H.B. No. 2985 was passed by the Senate on May
120	120	21, 2009, by the following vote: Yeas 31, Nays 0.
121	121	______________________________
122	122	Secretary of the Senate
123	123	APPROVED: _____________________
124	124	Date
125	125	_____________________
126	126	Governor