Texas 2009 - 81st Regular

Texas House Bill HB782 Compare Versions

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1	1	H.B. No. 782
2	2
3	3
4	4	AN ACT
5	5	relating to registration exemptions for certain foreign commercial
6	6	motor vehicles.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 648.001(4), Transportation Code, is
9	9	amended to read as follows:
10	10	(4) "Foreign commercial motor vehicle" means a
11	11	commercial motor vehicle, as defined by 49 C.F.R. Section 390.5,
12	12	that is owned [or controlled] by a person or entity that is
13	13	domiciled in or a citizen of a country other than the United States.
14	14	SECTION 2. Section 648.101, Transportation Code, is amended
15	15	by amending Subsections (a) and (c) and adding Subsections (d) and
16	16	(e) to read as follows:
17	17	(a) A foreign commercial motor vehicle is exempt from
18	18	Chapter 502 and any other law of this state requiring the vehicle to
19	19	be registered in this state, including a law providing for a
20	20	temporary registration permit, if:
21	21	(1) the vehicle is engaged solely in transportation of
22	22	cargo across the border into or from a border commercial zone;
23	23	(2) for each load of cargo transported the vehicle
24	24	remains in this state:
25	25	(A) not more than 24 hours; or
26	26	(B) not more than 48 hours, if:
27	27	(i) the vehicle is unable to leave this
28	28	state within 24 hours because of circumstances beyond the control
29	29	of the motor carrier operating the vehicle; and
30	30	(ii) all financial responsibility
31	31	requirements applying to the vehicle are satisfied;
32	32	(3) the vehicle is registered and licensed as required
33	33	by the [law of another] country in which the person that owns the
34	34	vehicle is domiciled or is a citizen as evidenced by a valid metal
35	35	license plate attached to the front or rear of the exterior of the
36	36	vehicle; and
37	37	(4) the country in which the person that owns [or
38	38	controls] the vehicle is domiciled or is a citizen provides a
39	39	reciprocal exemption for commercial motor vehicles owned [or
40	40	controlled] by residents of this state.
41	41	(c) A valid [Notwithstanding any] reciprocity agreement
42	42	between this state and another state of the United States or a
43	43	Canadian province that exempts currently registered vehicles owned
44	44	by nonresidents is effective in a border commercial zone.
45	45	(d) A [, a] foreign commercial motor vehicle that engages
46	46	primarily in transportation of cargo across the border into or from
47	47	a border commercial zone must be:
48	48	(1) registered in this state; or
49	49	(2) operated under the exemption provided by this
50	50	section.
51	51	(e) A vehicle located in a border commercial zone must
52	52	display a valid Texas registration if the vehicle is owned by a
53	53	person who:
54	54	(1) owns a leasing facility or a leasing terminal
55	55	located in this state; and
56	56	(2) leases the vehicle to a foreign motor carrier.
57	57	SECTION 3. This Act takes effect September 1, 2009.
58	58	______________________________ ______________________________
59	59	President of the Senate Speaker of the House
60	60	I certify that H.B. No. 782 was passed by the House on March
61	61	26, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not
62	62	voting.
63	63	______________________________
64	64	Chief Clerk of the House
65	65	I certify that H.B. No. 782 was passed by the Senate on May 7,
66	66	2009, by the following vote: Yeas 31, Nays 0.
67	67	______________________________
68	68	Secretary of the Senate
69	69	APPROVED: _____________________
70	70	Date
71	71	_____________________
72	72	Governor