HBA-MPA H.B. 1818 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1818
By: Pickett
Transportation
3/12/1999
Introduced



BACKGROUND AND PURPOSE 

The Department of Public Safety (DPS) has been conducting compliance
reviews regarding commercial motor vehicles since 1995, with many of the
reviews resulting in an assessment of administrative penalties.  While the
majority of the commercial vehicle operators have paid the penalties
assessed and corrected their safety problems, there is a growing number of
operators who refuse to pay the penalties even though they acknowledge the
presence of the violations. 

Currently, 18 operators have ignored the penalties.  These penalties, which
total $74,300, range from a high of $20,900 to a low $1,700, with an
average of $4,128 per operator with only four of the 18 operators exceeding
the average.  H.B. 1818 requires DPS to notify the operators of the
penalties and impoundment provisions of the law, and if the operators still
fail to pay the penalties, allows DPS to impound the operator's vehicles
until such time as the penalties are paid.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 644.153, Transportation Code, by adding
Subsections (d), (e), and (f), as follows: 

(d) Provides that a person who is subject to an administrative penalty
imposed by the Department of Public Safety (DPS) under this subchapter is
required to pay the penalty or respond within 20 days of receipt of the
notice of claim. 

(e) Prohibits a person who fails to pay or becomes delinquent in the
payment of the penalties from operating or directing the operation of a
commercial motor vehicle on the highways of this state until such time as
the penalties have been remitted to DPS. 

(f) Requires DPS to impound any commercial motor vehicle owned or operated
by a person in violation of Subsection (e) after first serving the person
with a notice of claim by certified mail, registered mail, personal
delivery, or any other manner of delivery showing receipt of notice.
Requires that a commercial vehicle impounded under this subsection remain
impounded until the penalties are remitted to DPS.  Requires that all costs
associated with towing and storage of the vehicle and load are the
responsibility of the person and not DPS or the State of Texas. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.