Texas 2009 - 81st Regular

Texas House Bill HB3619 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R8528 SLB-D
2	2	By: Harless H.B. No. 3619
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the safe operation of certain commercial vehicles in
8	8	this state.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 501.023, Transportation Code, is amended
11	11	by adding Subsection (d) to read as follows:
12	12	(d) An application filed by the owner or lessee of a foreign
13	13	commercial motor vehicle, as defined by Section 648.001, must be
14	14	accompanied by a copy of the applicable federal declaration form
15	15	required by the Federal Motor Carrier Safety Administration or its
16	16	successor in connection with the importation of a motor vehicle or
17	17	motor vehicle equipment subject to the federal motor vehicle
18	18	safety, bumper, and theft prevention standards.
19	19	SECTION 2. Section 502.352(c), Transportation Code, is
20	20	amended to read as follows:
21	21	(c) A person may obtain a permit under this section by:
22	22	(1) applying to the county assessor-collector, the
23	23	department, or the department's wire service agent, if the
24	24	department has a wire service agent;
25	25	(2) paying a fee of $25 for a 72-hour permit or $50 for
26	26	a 144-hour permit:
27	27	(A) in cash;
28	28	(B) by postal money order;
29	29	(C) by certified check;
30	30	(D) by wire transfer through the department's
31	31	wire service agent, if any;
32	32	(E) by an escrow account; or
33	33	(F) where the service is provided, by a credit
34	34	card issued by:
35	35	(i) a financial institution chartered by a
36	36	state or the United States; or
37	37	(ii) a nationally recognized credit
38	38	organization approved by the Texas Transportation Commission;
39	39	(3) paying a discount or service charge for a credit
40	40	card payment or escrow account, in addition to the fee; [and]
41	41	(4) furnishing to the county assessor-collector, the
42	42	department, or the department's wire service agent, evidence of
43	43	financial responsibility for the vehicle that complies with
44	44	Sections 502.153(c) and 601.168(a) and is written by an insurance
45	45	company or surety company authorized to write motor vehicle
46	46	liability insurance in this state; and
47	47	(5) submitting a copy of the applicable federal
48	48	declaration form required by the Federal Motor Carrier Safety
49	49	Administration or its successor in connection with the importation
50	50	of a motor vehicle or motor vehicle equipment subject to the federal
51	51	motor vehicle safety, bumper, and theft prevention standards.
52	52	SECTION 3. Section 643.052, Transportation Code, is amended
53	53	to read as follows:
54	54	Sec. 643.052. APPLICATION. To register under this
55	55	subchapter a motor carrier must submit to the department an
56	56	application on a form prescribed by the department. The
57	57	application must include:
58	58	(1) the name of the owner and the principal business
59	59	address of the motor carrier;
60	60	(2) the name and address of the legal agent for service
61	61	of process on the carrier in this state, if different;
62	62	(3) a description of each vehicle requiring
63	63	registration the carrier proposes to operate, including the motor
64	64	vehicle identification number, make, and unit number;
65	65	(4) a statement as to whether the carrier proposes to
66	66	transport household goods or a hazardous material;
67	67	(5) a declaration that the applicant has knowledge of
68	68	all laws and rules relating to motor carrier safety, including this
69	69	chapter, Chapter 644, and Subtitle C;
70	70	(6) a certification that the carrier is in compliance
71	71	with the drug testing requirements of 49 C.F.R. Part 382, and if the
72	72	carrier belongs to a consortium, as defined by 49 C.F.R. Part 382,
73	73	the names of the persons operating the consortium; [and]
74	74	(7) a valid identification number issued to the motor
75	75	carrier by or under the authority of the Federal Motor Carrier
76	76	Safety Administration or its successor; and
77	77	(8) any other information the department by rule
78	78	determines is necessary for the safe operation of a motor carrier
79	79	under this chapter.
80	80	SECTION 4. Subchapter B, Chapter 643, Transportation Code,
81	81	is amended by adding Section 643.064 to read as follows:
82	82	Sec. 643.064. ISSUANCE OF UNITED STATES DEPARTMENT OF
83	83	TRANSPORTATION NUMBERS. The department by rule shall provide for
84	84	the issuance to a motor carrier of an identification number
85	85	authorized by the Federal Motor Carrier Safety Administration. A
86	86	rule must conform to rules of the Federal Motor Carrier Safety
87	87	Administration or its successor.
88	88	SECTION 5. Subchapter F, Chapter 643, is amended by adding
89	89	Section 643.256 to read as follows:
90	90	Sec. 643.256. CEASE AND DESIST ORDER. The department may
91	91	issue a cease and desist order if the department determines that the
92	92	action is necessary to:
93	93	(1) prevent a violation of this chapter; and
94	94	(2) protect the public health and safety.
95	95	SECTION 6. The Texas Department of Transportation shall
96	96	adopt rules under Section 643.064, Transportation Code, as added by
97	97	this Act, not later than March 1, 2010.
98	98	SECTION 7. The changes in law made by this Act to Sections
99	99	501.023 and 643.052, Transportation Code, apply only to an
100	100	application submitted under those sections to the Texas Department
101	101	of Transportation on or after the effective date of this Act. An
102	102	application submitted under those sections to that department
103	103	before the effective date of this Act is covered by the law in
104	104	effect on the date the application was submitted, and that law is
105	105	continued in effect for that purpose.
106	106	SECTION 8. This Act takes effect September 1, 2009.