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  H.B. No. 2093
 
 
 
 
AN ACT
  relating to the issuance and enforcement of motor carrier
  overweight or oversize vehicle permits and motor carrier
  registrations; providing administrative penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  LEGISLATIVE FINDINGS AND PURPOSE.  The
  legislature finds that as the economy of this state continues its
  steady growth, significant increases in the amount of freight
  moving on the roadways of this state have followed suit; that the
  demand for oversize and overweight permits issued by the motor
  carrier division of the Texas Department of Transportation has long
  since surpassed the department's capacity to keep pace; and that
  the department's inability to service the needs of the trucking
  industry has resulted in extreme delays in the issuance of permits
  by the motor carrier division, which negatively impact not only the
  motor carriers involved but also the shipping public they serve.  
  The purposes of this Act are to increase the fees charged for
  permits issued by the motor carrier division of the Texas
  Department of Transportation, to address enforcement efforts
  against violators of the motor vehicle size and weight laws of this
  state, and to provide a significant increase in revenue realized by
  this state from increased permit fees, a portion of which will be
  used to address the growing problem of the untimely issuance of
  oversize and overweight permits by retaining an increased number of
  appropriate private sector service providers to perform necessary
  bridge and route inspections and a portion of which will be used to
  add at least 25 full-time employees to the number employed by the
  motor carrier division.
         SECTION 2.  Section 621.353(c), Transportation Code, is
  amended to read as follows:
         (c)  The comptroller shall send each fee collected under
  Section 623.0111 [623.0112] for an excess weight permit to the
  counties designated on the application for the permit, with each
  county shown on the application receiving an amount determined
  according to the ratio of the total number of miles of county roads
  maintained by the county to the total number of miles of county
  roads maintained by all of the counties designated on the
  application.
         SECTION 3.  Section 622.953(b), Transportation Code, is
  amended to read as follows:
         (b)  The overall gross weight of a single motor vehicle used
  to transport seed cotton or equipment used to transport or process
  seed cotton may not be heavier than 64,000 [59,400] pounds.
         SECTION 4.  Section 623.0111, Transportation Code, is
  amended by amending Subsection (a) and adding Subsection (c) to
  read as follows:
         (a)  When a person applies for a permit under Section
  623.011, the person must:
               (1)  designate in the application each county in which
  the vehicle will be operated; and
               (2)  pay in addition to other fees an annual fee in an
  amount determined according to the following table:
 
Number of Counties Designated Fee     
 
 1-5 $175    
 
6 [1]-20 $250 [$125]
 
21-40 $450 [$345]
 
41-60 $625 [$565]
 
61-80 $800 [$785]
 
 81-100 $900 [$1,005]
 
101-254 $1,000 [$2,000]
         (c)  Of the fees collected under Subsection (a) the following
  amounts shall be deposited to the general revenue fund and the
  remainder shall be deposited to the credit of the state highway
  fund:
 
Number of Counties Amount Allocated to General Revenue Fund
 
Designated Amount Allocated to General Revenue Fund
 
    1-5     $125
 
    6-20     $125
 
    21-40     $345
 
    41-60     $565
 
    61-80     $785
 
    81-100     $900
 
    101-254     $1,000
         SECTION 5.  Section 623.076, Transportation Code, is amended
  by amending Subsections (a) and (c) and adding Subsection (a-1) to
  read as follows:
         (a)  An application for a permit under this subchapter must
  be accompanied by a permit fee of:
               (1)  $60 [$30] for a single-trip permit;
               (2)  $120 [$60] for a permit that is valid for a period
  not exceeding 30 days;
               (3)  $180 [$90] for a permit that is valid for a period
  of 31 days or more but not exceeding 60 days;
               (4)  $240 [$120] for a permit that is valid for a period
  of 61 days or more but not exceeding 90 days; or
               (5)  $270 [$135] for a permit issued under Section
  623.071(c)(1) or (2).
         (a-1)  The following amounts collected under Subsection (a)
  shall be deposited to the general revenue fund and the remainder
  deposited to the credit of the state highway fund:
 
Amount of Fee Amount Allocated to General Revenue Fund
 
  $60 (single-trip permit)            $30
 
  $120 (30-day permit)            $60
 
  $180            $90
 
  $240            $120
 
  $270            $135
         (c)  An application for a permit under Section 623.071(c)(3)
  or (d) must be accompanied by the permit fee established by the
  commission for the permit, not to exceed $7,000 [$3,500].  Of each
  fee collected under this subsection, the department shall send:
               (1)  the first $1,000 to the comptroller for deposit to
  the credit of the general revenue fund; and
               (2)  any amount in excess of $1,000 to the comptroller
  for deposit to the credit of the state highway fund.
         SECTION 6.  Section 623.077(a), Transportation Code, is
  amended to read as follows:
         (a)  An applicant for a permit under this subchapter, other
  than a permit under Section 623.071(c)(3), must also pay a highway
  maintenance fee in an amount determined according to the following
  table:
 
Vehicle Weight in Pounds   Fee
 
  80,001 to 120,000 $150 [$50]
 
 120,001 to 160,000 $225 [$75]
 
 160,001 to 200,000 $300 [$100]
 
200,001 and above $375 [$125]
         SECTION 7.  Sections 623.096(a) and (b), Transportation
  Code, are amended to read as follows:
         (a)  The department shall collect a fee of $40 [$20] for each
  permit issued under this subchapter. Of each fee, $19.70 [30 cents]
  shall be deposited to the credit of the general revenue fund and the
  remainder deposited to the credit of the state highway fund.
         (b)  The department shall adopt rules concerning fees for
  each annual permit issued under Section 623.095(c) at a cost not to
  exceed $3,000 [$1,500]. [Two percent of any fee adopted shall be
  deposited to the credit of the state highway fund.]
         SECTION 8.  Section 623.124, Transportation Code, is amended
  to read as follows:
         Sec. 623.124.  FEE. (a)  An application for a permit must be
  accompanied by a fee of $15 [$7.50].
         (b)  The department shall send each fee collected under this
  section to the comptroller.  Of each fee received from the
  department, the comptroller shall deposit $7.50 to the credit of
  the general revenue fund and $7.50 to the credit of the state
  highway fund.
         SECTION 9.  Section 623.144, Transportation Code, is amended
  to read as follows:
         Sec. 623.144.  REGISTRATION OF VEHICLE. A permit under this
  subchapter may be issued only if the vehicle is registered under
  Chapter 502 for the maximum gross weight applicable to the vehicle
  under Section 621.101 or has the distinguishing license plates as
  provided by Section 504.504 [502.276] if applicable to the vehicle.
         SECTION 10.  Section 623.149(a), Transportation Code, is
  amended to read as follows:
         (a)  The department may establish criteria to determine
  whether oil well servicing, oil well clean out, or oil well drilling
  machinery or equipment is subject to registration under Chapter 502
  or eligible for the distinguishing license plate provided by
  Section 504.504 [502.276].
         SECTION 11.  Section 623.182, Transportation Code, is
  amended to read as follows:
         Sec. 623.182.  PERMIT FEE. (a)  The fee for a permit under
  this subchapter is $100 [$50].
         (b)  The department shall send each fee collected under this
  subchapter to the comptroller.  Of each fee received from the
  department, the comptroller shall deposit $50 to the credit of the
  general revenue fund and $50 to the credit of the state highway
  fund.
         SECTION 12.  Section 623.194, Transportation Code, is
  amended to read as follows:
         Sec. 623.194.  REGISTRATION OF VEHICLE. A permit under this
  subchapter may be issued only if the vehicle to be moved is
  registered under Chapter 502 for the maximum gross weight
  applicable to the vehicle under Section 621.101 or has the
  distinguishing license plates as provided by Section 504.504
  [502.276] if applicable to the vehicle.
         SECTION 13.  Section 623.199(a), Transportation Code, is
  amended to read as follows:
         (a)  The department may establish criteria to determine
  whether an unladen lift equipment motor vehicle that because of its
  design for use as lift equipment exceeds the maximum weight and
  width limitations prescribed by statute is subject to registration
  under Chapter 502 or eligible for the distinguishing license plate
  provided by Section 504.504 [502.276].
         SECTION 14.  Section 623.001, Transportation Code, is
  amended to read as follows:
         Sec. 623.001.  DEFINITIONS [DEFINITION].  In this chapter:
               (1)  "Department"[, "department"] means the Texas
  Department of Transportation.
               (2)  "Shipper" means a person who consigns the movement
  of a shipment.
               (3)  "Shipper's certificate of weight" means a document
  described by Section 623.274.
         SECTION 15.  Chapter 623, Transportation Code, is amended by
  adding Subchapter N to read as follows:
  SUBCHAPTER N. ADMINISTRATIVE SANCTIONS
         Sec. 623.271.  ADMINISTRATIVE ENFORCEMENT.  (a)  The
  department may investigate and, except as provided by Subsection
  (f), may impose an administrative penalty or revoke an oversize or
  overweight permit issued under this chapter if the person or the
  holder of the permit, as applicable:
               (1)  provides false information on the permit
  application or another form required by the department for the
  issuance of an oversize or overweight permit;
               (2)  violates this chapter, Chapter 621, or Chapter
  622;
               (3)  violates a rule or order adopted under this
  chapter, Chapter 621, or Chapter 622; or
               (4)  fails to obtain an oversize or overweight permit
  if a permit is required.
         (b)  The notice and hearing requirements of Section 643.2525
  apply to the imposition of an administrative penalty or the
  revocation of a permit under this section as if the action were
  being taken under that section.
         (c)  It is an affirmative defense to administrative
  enforcement under this section that the person or holder of the
  permit relied on the shipper's certificate of weight.
         (d)  The amount of an administrative penalty imposed under
  this section is calculated in the same manner as the amount of an
  administrative penalty imposed under Section 643.251.
         (e)  A person who has been ordered to pay an administrative
  penalty under this section and the vehicle that is the subject of
  the enforcement order may not be issued a permit under this chapter
  until the amount of the penalty has been paid to the department.
         (f)  This subsection applies only to a vehicle or combination
  that is used to transport agricultural products or timber products
  from the place of production to the place of first marketing or
  first processing. In connection with a violation of a vehicle or
  combination weight restriction or limitation in this chapter,
  Chapter 621, or Chapter 622, the department may not impose an
  administrative penalty against a person or the holder of an
  overweight permit if the weight of the vehicle or combination
  involved in the violation did not exceed the allowable weight by
  more than three percent.
         Sec. 623.272.  ADMINISTRATIVE PENALTY FOR FALSE INFORMATION
  ON CERTIFICATE. (a)  The department may investigate and impose an
  administrative penalty on a shipper who provides false information
  on a shipper's certificate of weight that the shipper delivers to a
  person transporting a shipment.
         (b)  The notice and hearing requirements of Section 643.2525
  apply to the imposition of an administrative penalty under this
  section as if the action were being taken under that section.
         (c)  The amount of an administrative penalty imposed under
  this section is calculated in the same manner as the amount of an
  administrative penalty imposed under Section 643.251.
         Sec. 623.273.  INJUNCTIVE RELIEF. (a)  The attorney
  general, at the request of the department, may petition a district
  court for appropriate injunctive relief to prevent or abate a
  violation of this chapter or a rule or order adopted under this
  chapter.
         (b)  Venue in a suit for injunctive relief under this section
  is in Travis County.
         (c)  On application for injunctive relief and a finding that
  a person is violating or has violated this chapter or a rule or
  order adopted under this chapter, the court shall grant the
  appropriate relief without bond.
         (d)  The attorney general and the department may recover
  reasonable expenses incurred in obtaining injunctive relief under
  this section, including court costs, reasonable attorney's fees,
  investigative costs, witness fees, and deposition expenses.
         Sec. 623.274.  SHIPPER'S CERTIFICATE OF WEIGHT. (a)  The
  department shall prescribe a form to be used for a shipper's
  certificate of weight. The form must provide space for the maximum
  weight of the shipment being transported.
         (b)  For a shipper's certificate of weight to be valid, the
  shipper must:
               (1)  certify that the information contained on the form
  is accurate; and
               (2)  deliver the certificate to the motor carrier or
  other person transporting the shipment before the motor carrier or
  other person applies for an overweight permit under this chapter.
         SECTION 16.  Section 643.001, Transportation Code, is
  amended by adding Subdivision (7-a) to read as follows:
               (7-a)  "Unified carrier registration system" means a
  motor vehicle registration system established under 49 U.S.C.
  Section 14504a or a similar federal registration program that
  replaces that system.
         SECTION 17.  Section 643.002, Transportation Code, is
  amended to read as follows:
         Sec. 643.002.  EXEMPTIONS. This chapter does not apply to:
               (1)  motor carrier operations exempt from registration
  by the Unified Carrier Registration Act of 2005 (49 U.S.C. Section
  14504a) or a motor vehicle registered under the single state
  registration system established under 49 U.S.C. Section 14504(c)
  when operating exclusively in interstate or international
  commerce;
               (2)  a motor vehicle registered as a cotton vehicle
  under Section 504.505 [502.277];
               (3)  a motor vehicle the department by rule exempts
  because the vehicle is subject to comparable registration and a
  comparable safety program administered by another governmental
  entity;
               (4)  a motor vehicle used to transport passengers
  operated by an entity whose primary function is not the
  transportation of passengers, such as a vehicle operated by a
  hotel, day-care center, public or private school, nursing home, or
  similar organization;
               (5)  a vehicle operating under a private carrier permit
  issued under Chapter 42, Alcoholic Beverage Code; or
               (6)  a vehicle operated by a governmental entity.
         SECTION 18.  Section 643.251(a), Transportation Code, is
  amended to read as follows:
         (a)  The department may impose an administrative penalty
  against a motor carrier required to register under Subchapter B
  that violates this chapter [Subchapter B or C or Section 643.151,
  643.152, 643.153(a)-(f), or 643.155] or a rule or order adopted
  under this chapter [those provisions or Section 643.003.   The
  department shall designate one or more employees to investigate
  violations and administer penalties under this section].
         SECTION 19.  The heading to Section 643.252, Transportation
  Code, is amended to read as follows:
         Sec. 643.252.  ADMINISTRATIVE SANCTIONS [SUSPENSION AND
  REVOCATION OF REGISTRATION].
         SECTION 20.  Section 643.252(a), Transportation Code, is
  amended to read as follows:
         (a)  The department may suspend, [or] revoke, or deny a
  registration issued under this chapter or place on probation a
  motor carrier whose registration is suspended if a motor carrier:
               (1)  fails to maintain insurance or evidence of
  financial responsibility as required by Section 643.101(a), (b),
  (c), or (d);
               (2)  fails to keep evidence of insurance in the cab of
  each vehicle as required by Section 643.103(b);
               (3)  fails to register a vehicle requiring
  registration;
               (4)  violates any other provision of this chapter;
               (5)  knowingly provides false information on any form
  filed with the department under this chapter; or
               (6) [(5)]  violates a rule or order adopted under this
  chapter [Section 643.063].
         SECTION 21.  Subchapter F, Chapter 643, Transportation Code,
  is amended by adding Section 643.2525 to read as follows:
         Sec. 643.2525.  ADMINISTRATIVE HEARING PROCESS. (a) If the
  department determines that a violation has occurred for which an
  enforcement action is being taken under Section 643.251 or 643.252,
  the department shall give written notice to the motor carrier by
  first class mail to the carrier's address as shown in the records of
  the department.
         (b)  A notice required by Subsection (a) must include:
               (1)  a brief summary of the alleged violation;
               (2)  a statement of each administrative sanction being
  taken;
               (3)  the effective date of each sanction;
               (4)  a statement informing the carrier of the carrier's
  right to request a hearing; and
               (5)  a statement as to the procedure for requesting a
  hearing, including the period during which a request must be made.
         (c)  If not later than the 26th day after the date the notice
  is mailed the department receives a written request for a hearing,
  the department shall set a hearing and give notice of the hearing to
  the carrier. The hearing shall be conducted by an administrative
  law judge of the State Office of Administrative Hearings.
         (d)  If the motor carrier does not timely request a hearing
  under Subsection (c), the department's decision becomes final on
  the expiration of the period described by Subsection (c).
         (e)  The administrative law judge shall make findings of fact
  and conclusions of law and promptly issue to the director a proposal
  for a decision as to the occurrence of the violation and the
  administrative penalties or sanctions.
         (f)  In addition to a penalty or sanction proposed under
  Subsection (e), the administrative law judge shall include in the
  proposal for a decision a finding setting out costs, fees,
  expenses, and reasonable and necessary attorney's fees incurred by
  the state in bringing the proceeding. The director may adopt the
  finding and make it a part of a final order entered in the
  proceeding.
         (g)  Based on the findings of fact, conclusions of law, and
  proposal for a decision, the director by order may find that a
  violation has occurred and impose the sanctions or may find that a
  violation has not occurred.
         (h)  The director shall provide written notice to the motor
  carrier of a finding made under Subsection (g) and shall include in
  the notice a statement of the right of the carrier to judicial
  review of the order.
         (i)  Before the 31st day after the date the director's order
  under Subsection (g) becomes final as provided by Section 2001.144,
  Government Code, the motor carrier may appeal the order by filing a
  petition for judicial review contesting the order. Judicial review
  is under the substantial evidence rule.
         (j)  A petition filed under Subsection (i) stays the
  enforcement of the administrative action until the earlier of the
  550th day after the date the petition was filed or the date a final
  judgment is rendered by the court.
         (k)  If the motor carrier is required to pay a penalty or cost
  under Subsection (f), failure to pay the penalty or cost before the
  61st day after the date the requirement becomes final is a violation
  of this chapter and may result in an additional penalty, revocation
  or suspension of a motor carrier registration, or denial of renewal
  of a motor carrier registration.
         (l)  A motor carrier that is required to pay a penalty, cost,
  fee, or expense under this section or Section 643.251 is not
  eligible for a reinstatement or renewal of a registration under
  this chapter until all required amounts have been paid to the
  department.
         (m)  If the suspension of a motor carrier's registration is
  probated, the department may require the carrier to report
  regularly to the department on any matter that is the basis of the
  probation. Any violation of the probation may result in the
  imposition of an administrative penalty or the revocation of the
  registration.
         (n)  All proceedings under this section are subject to
  Chapter 2001, Government Code.
         SECTION 22.  Section 643.254(a), Transportation Code, is
  amended to read as follows:
         (a)  To investigate an alleged violation of this chapter or a
  rule or order adopted under this chapter [Subchapter B, C, or D], an
  officer or employee of the department who has been certified for the
  purpose by the director may enter a motor carrier's premises to
  inspect, copy, or verify the correctness of a document, including
  an operation log or insurance certificate.
         SECTION 23.  Subchapter F, Chapter 643, Transportation Code,
  is amended by adding Section 643.255 to read as follows:
         Sec. 643.255.  INJUNCTIVE RELIEF. (a) The attorney general,
  at the request of the department, may petition a district court for
  appropriate injunctive relief to prevent or abate a violation of
  this chapter or a rule or order adopted under this chapter.
         (b)  Venue in a suit for injunctive relief under this section
  is in Travis County.
         (c)  On application for injunctive relief and a finding that
  a person is violating or has violated this chapter or a rule or
  order adopted under this chapter, the court shall grant the
  appropriate relief without bond.
         (d)  The attorney general and the department may recover
  reasonable expenses incurred in obtaining injunctive relief under
  this section, including court costs, reasonable attorney's fees,
  investigative costs, witness fees, and deposition expenses.
         SECTION 24.  Section 645.001, Transportation Code, is
  amended to read as follows:
         Sec. 645.001.  FEDERAL MOTOR CARRIER [SINGLE STATE]
  REGISTRATION. The Texas Department of Transportation may [shall],
  to the fullest extent practicable, participate in a federal motor
  carrier registration program under the unified carrier
  registration system as defined by Section 643.001 or the single
  state registration system established under 49 U.S.C. Section
  14504.
         SECTION 25.  Section 645.003, Transportation Code, is
  amended to read as follows:
         Sec. 645.003.  ENFORCEMENT RULES. The department shall
  adopt rules that are consistent with federal law providing for[:
               [(1)]  administrative penalties and sanctions for a
  failure to register as required by the unified carrier registration
  system or single state registration system or for a violation of
  this chapter or a rule adopted under this chapter in the same manner
  as Subchapter F, Chapter 643 [Section 643.251; and
               [(2)     suspension and revocation of registration in the
  same manner as Section 643.252].
         SECTION 26.  The following laws are repealed:
               (1)  Sections 643.251(d), (e), (f), (g), (h), (i), (j),
  (k), (l), (m), (n), (o), (p), (q), and (r), Transportation Code; and
               (2)  Sections 643.252(c), (d), and (e), Transportation
  Code.
         SECTION 27.  (a)  Subchapter N, Chapter 623, Transportation
  Code, as added by this Act, applies only to a violation that occurs,
  or information that is provided to the Texas Department of
  Transportation, on or after the effective date of this Act.
         (b)  Section 643.2525, Transportation Code, as added by this
  Act, applies only to a violation for which an enforcement action
  under Section 643.251 or 643.252, Transportation Code, is commenced
  on or after the effective date of this Act, regardless of when the
  violation occurred. An action commenced under Section 643.251 or
  643.252, Transportation Code, before the effective date of this Act
  is governed by the law in effect immediately before the effective
  date of this Act, and the former law is continued in effect for that
  purpose.
         (c)  Except as otherwise provided by Subsection (d) of this
  section, the changes in law made by this Act relating to the amount
  or disposition of a fee collected by the Texas Department of
  Transportation in connection with a permit for an overweight or
  oversize vehicle apply only to a permit that is applied for on or
  after the effective date of this Act.
         (d)  The changes in law made by this Act relating to the
  amount or disposition of a fee collected by the Texas Department of
  Transportation do not apply to a permit for an overweight or
  oversize vehicle applied for in connection with the delivery of
  pre-stressed concrete girders and beams under a construction
  contract for a public road or bridge infrastructure project
  executed before the effective date of this Act. The amount and
  disposition of the fee for the permit is governed by the law in
  effect at the time the construction contract was executed, and the
  former law is continued in effect for that purpose.
         SECTION 28.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2093 was passed by the House on May 9,
  2007, by the following vote:  Yeas 135, Nays 0, 1 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 2093 on May 25, 2007, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 2093 on May 28, 2007, by the following vote:  Yeas 142,
  Nays 0, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2093 was passed by the Senate, with
  amendments, on May 22, 2007, by the following vote:  Yeas 31, Nays
  0; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  2093 on May 27, 2007, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor