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