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  H.B. No. 3594
 
 
 
 
AN ACT
  relating to motor vehicle inspection facilities near the border of
  this state and Mexico.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 201.613, Transportation Code, is amended
  to read as follows:
         Sec. 201.613.  ONE-STOP BORDER INSPECTION FACILITIES
  [STATIONS].  (a) The department shall erect and maintain border
  [choose a location for an] inspection facilities [station] along a
  major highway at or near a border crossing from Mexico in the Pharr
  [Brownsville], [in] Laredo, and [in] El Paso districts for the
  inspection of motor vehicles for compliance with federal and state
  commercial motor vehicle regulations [so that all federal, state,
  and municipal agencies that regulate the passage of persons or
  vehicles across the border at that border crossing may be located in
  one place].
         (b)  If a facility that serves a bridge that had more than
  900,000 commercial border crossings during the state fiscal year
  ending August 31, 2002, is to be located in a municipality or a
  municipality's extraterritorial jurisdiction, the municipality may
  choose the location of the facility within the municipality or the
  municipality's extraterritorial jurisdiction. The municipality
  shall choose a location before the later of the 180th day after:
               (1)  the date the department makes a request for a
  location; or
               (2)  the effective date of the Act enacting this
  provision.
         (c)  One or more inspection facilities may be constructed in
  a municipality described by this section.
         (d)  In determining the location for a border inspection
  facility under Subsection (b), the municipality shall:
               (1)  obtain and pay for an independent study completed
  by a university that conducts transportation studies or any other
  entity that conducts transportation studies to identify commercial
  truck traffic patterns for the location at which the facility is to
  be located to ensure that the location has adequate capacity to
  conduct a sufficient number of meaningful vehicle safety
  inspections in compliance with 49 U.S.C. Section 13902;
               (2)  choose a location that does not impair the receipt
  of federal or state funds for implementation of this section;
               (3)  choose a location within one mile of an
  international border;
               (4)  choose a location within one mile of the U.S.
  Customs and Border Protection federal port of entry; and
               (5)  choose a location that provides a dedicated route
  for commercial vehicles coming from the federal port of entry to the
  state port of entry commercial vehicle inspection station.
         (e)  To the extent the department considers appropriate to
  expedite commerce, the department shall provide for implementation
  by the appropriate agencies of the use of Intelligent
  Transportation Systems for Commercial Vehicle Operations (ITS/CVO)
  in:
               (1)  any new commercial motor vehicle inspection
  facility constructed; and
               (2)  any existing facility to which this section
  applies.
         (f)  Implementation of systems under Subsection (e) must be
  based on the Texas ITS/CVO business plan prepared by the
  department, the Department of Public Safety, and the comptroller.
  The department shall coordinate with other state and federal
  transportation officials to develop interoperability standards for
  the systems.
         (g)  In implementing systems under Subsection (e) in the
  construction of a facility, the department to the greatest extent
  possible shall:
               (1)  enhance efficiency and reduce complexity for motor
  carriers by providing:
                     (A)  a single point of contact between carriers
  and state and federal officials regulating the carriers; and
                     (B)  a single point of information, available to
  wireless access, about federal and state regulatory and enforcement
  requirements;
               (2)  prevent duplication of state and federal
  procedures and locations for regulatory and enforcement
  activities, including consolidation of collection of applicable
  fees;
               (3)  link information systems of the department, the
  Department of Public Safety, the comptroller, and, to the extent
  possible, the United States Department of Transportation and other
  appropriate regulatory and enforcement entities; and
               (4)  take other necessary action to:
                     (A)  facilitate the flow of commerce;
                     (B)  assist federal interdiction efforts;
                     (C)  protect the environment by reducing idling
  time of commercial motor vehicles at the facilities;
                     (D)  prevent highway damage caused by overweight
  commercial motor vehicles; and
                     (E)  seek federal funds to assist in the
  implementation of this section.  [The department shall establish
  and maintain an inspection station at the locations chosen in
  Subsection (a) only if the federal agencies involved in the
  regulation of the passage of persons or vehicles at that border
  crossing agree to the design of the facility at each location and
  agree to use the facility at each location if built.
         [(c)     The department may enter into agreements with federal,
  state, and municipal agencies to accomplish the purpose of this
  section. An agreement may involve the lease of office space at the
  inspection station by the department to the agency.]
         SECTION 2.  The Texas Department of Transportation shall
  spend the money appropriated during the 76th Legislature for
  Section 201.613, Transportation Code, as added by Chapter 1527,
  Acts of the 76th Legislature, Regular Session, 1999, or money
  received from the federal government to establish the border
  inspection facilities under Section 201.613, Transportation Code,
  as amended by this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3594 was passed by the House on May 8,
  2007, by the following vote:  Yeas 146, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3594 on May 25, 2007, by the following vote:  Yeas 137, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3594 was passed by the Senate, with
  amendments, on May 22, 2007, by the following vote:  Yeas 29, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor