H.B. No. 782
AN ACT
relating to registration exemptions for certain foreign commercial
motor vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 648.001(4), Transportation Code, is
amended to read as follows:
(4) "Foreign commercial motor vehicle" means a
commercial motor vehicle, as defined by 49 C.F.R. Section 390.5,
that is owned [or controlled] by a person or entity that is
domiciled in or a citizen of a country other than the United States.
SECTION 2. Section 648.101, Transportation Code, is amended
by amending Subsections (a) and (c) and adding Subsections (d) and
(e) to read as follows:
(a) A foreign commercial motor vehicle is exempt from
Chapter 502 and any other law of this state requiring the vehicle to
be registered in this state, including a law providing for a
temporary registration permit, if:
(1) the vehicle is engaged solely in transportation of
cargo across the border into or from a border commercial zone;
(2) for each load of cargo transported the vehicle
remains in this state:
(A) not more than 24 hours; or
(B) not more than 48 hours, if:
(i) the vehicle is unable to leave this
state within 24 hours because of circumstances beyond the control
of the motor carrier operating the vehicle; and
(ii) all financial responsibility
requirements applying to the vehicle are satisfied;
(3) the vehicle is registered and licensed as required
by the [law of another] country in which the person that owns the
vehicle is domiciled or is a citizen as evidenced by a valid metal
license plate attached to the front or rear of the exterior of the
vehicle; and
(4) the country in which the person that owns [or
controls] the vehicle is domiciled or is a citizen provides a
reciprocal exemption for commercial motor vehicles owned [or
controlled] by residents of this state.
(c) A valid [Notwithstanding any] reciprocity agreement
between this state and another state of the United States or a
Canadian province that exempts currently registered vehicles owned
by nonresidents is effective in a border commercial zone.
(d) A [, a] foreign commercial motor vehicle that engages
primarily in transportation of cargo across the border into or from
a border commercial zone must be:
(1) registered in this state; or
(2) operated under the exemption provided by this
section.
(e) A vehicle located in a border commercial zone must
display a valid Texas registration if the vehicle is owned by a
person who:
(1) owns a leasing facility or a leasing terminal
located in this state; and
(2) leases the vehicle to a foreign motor carrier.
SECTION 3. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 782 was passed by the House on March
26, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 782 was passed by the Senate on May 7,
2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor