H.B. No. 2985
AN ACT
relating to the operation of certain commercial vehicles in this
state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 501.023, Transportation Code, is amended
by adding Subsection (d) to read as follows:
(d) An application filed by the owner or lessee of a foreign
commercial motor vehicle, as defined by Section 648.001, must be
accompanied by a copy of the applicable federal declaration form
required by the Federal Motor Carrier Safety Administration or its
successor in connection with the importation of a motor vehicle or
motor vehicle equipment subject to the federal motor vehicle
safety, bumper, and theft prevention standards.
SECTION 2. Section 502.352(c), Transportation Code, is
amended to read as follows:
(c) A person may obtain a permit under this section by:
(1) applying to the county assessor-collector, the
department, or the department's wire service agent, if the
department has a wire service agent;
(2) paying a fee of $25 for a 72-hour permit or $50 for
a 144-hour permit:
(A) in cash;
(B) by postal money order;
(C) by certified check;
(D) by wire transfer through the department's
wire service agent, if any;
(E) by an escrow account; or
(F) where the service is provided, by a credit
card issued by:
(i) a financial institution chartered by a
state or the United States; or
(ii) a nationally recognized credit
organization approved by the Texas Transportation Commission;
(3) paying a discount or service charge for a credit
card payment or escrow account, in addition to the fee; [and]
(4) furnishing to the county assessor-collector, the
department, or the department's wire service agent, evidence of
financial responsibility for the vehicle that complies with
Sections 502.153(c) and 601.168(a) and is written by an insurance
company or surety company authorized to write motor vehicle
liability insurance in this state; and
(5) submitting a copy of the applicable federal
declaration form required by the Federal Motor Carrier Safety
Administration or its successor in connection with the importation
of a motor vehicle or motor vehicle equipment subject to the federal
motor vehicle safety, bumper, and theft prevention standards.
SECTION 3. Section 643.052, Transportation Code, is amended
to read as follows:
Sec. 643.052. APPLICATION. To register under this
subchapter a motor carrier must submit to the department an
application on a form prescribed by the department. The
application must include:
(1) the name of the owner and the principal business
address of the motor carrier;
(2) the name and address of the legal agent for service
of process on the carrier in this state, if different;
(3) a description of each vehicle requiring
registration the carrier proposes to operate, including the motor
vehicle identification number, make, and unit number;
(4) a statement as to whether the carrier proposes to
transport household goods or a hazardous material;
(5) a declaration that the applicant has knowledge of
all laws and rules relating to motor carrier safety, including this
chapter, Chapter 644, and Subtitle C;
(6) a certification that the carrier is in compliance
with the drug testing requirements of 49 C.F.R. Part 382, and if the
carrier belongs to a consortium, as defined by 49 C.F.R. Part 382,
the names of the persons operating the consortium; [and]
(7) a valid identification number issued to the motor
carrier by or under the authority of the Federal Motor Carrier
Safety Administration or its successor; and
(8) any other information the department by rule
determines is necessary for the safe operation of a motor carrier
under this chapter.
SECTION 4. Subchapter B, Chapter 643, Transportation Code,
is amended by adding Section 643.064 to read as follows:
Sec. 643.064. ISSUANCE OF UNITED STATES DEPARTMENT OF
TRANSPORTATION NUMBERS. The department by rule shall provide for
the issuance to a motor carrier of an identification number
authorized by the Federal Motor Carrier Safety Administration. A
rule must conform to rules of the Federal Motor Carrier Safety
Administration or its successor.
SECTION 5. Section 643.252, Transportation Code, is amended
by adding Subsection (c) to read as follows:
(c) The department shall revoke or deny a registration
issued under this chapter to a for-hire motor carrier of passengers
if the motor carrier is required to register with the Federal Motor
Carrier Safety Administration and the federal registration is
denied, revoked, suspended, or otherwise terminated.
SECTION 6. Subchapter F, Chapter 643, Transportation Code,
is amended by adding Section 643.256 to read as follows:
Sec. 643.256. CEASE AND DESIST ORDER. The department may
issue a cease and desist order if the department determines that the
action is necessary to:
(1) prevent a violation of this chapter; and
(2) protect the public health and safety.
SECTION 7. The Texas Department of Transportation shall
adopt rules under Section 643.064, Transportation Code, as added by
this Act, not later than March 1, 2010.
SECTION 8. The changes in law made by this Act to Sections
501.023 and 643.052, Transportation Code, apply only to an
application submitted under those sections to the Texas Department
of Transportation on or after the effective date of this Act. An
application submitted under those sections to that department
before the effective date of this Act is covered by the law in
effect on the date the application was submitted, and that law is
continued in effect for that purpose.
SECTION 9. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2985 was passed by the House on April
30, 2009, by the following vote: Yeas 132, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2985 was passed by the Senate on May
21, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor