HBA-MPA C.S.H.B. 1818 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1818 By: Pickett Transportation 4/23/1999 Committee Report (Substituted) 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. C.S.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. This bill requires DPS to establish standards for the enforcement of safety fitness procedures, and to enforce compliance with those standards by local police. This bill also requires safety audits for any commercial vehicle domiciled in this state. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill modifies existing rulemaking authority granted to the Department of Public Safety in SECTION 1 (Section 644.102, Transportation Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 644.102, Transportation Code, to require, rather than authorize, the Department of Public Safety (DPS) to establish, by rule, uniform standards for municipal enforcement of this chapter (Commercial Motor Vehicle Safety Standards). Provides that a municipality that engages in enforcement under this chapter must comply with the standards. Requires DPS to revoke or rescind the certification of any municipal police officer who fails to comply with any of the standards. SECTION 2. Amends Section 644.153, Transportation Code, by adding Subsections (d)-(h), as follows: (d) Provides that a person who is subject to an administrative penalty imposed by 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. (g) Requires that a commercial vehicle impounded under this subsection remain impounded until the penalties are remitted to DPS. (h) 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 3. Amends Section 644.155, Transportation Code, to require DPS to implement and enforce a safety audit program similar to the federal program established under 49 C.F.R. Part 385 (Safety Fitness Procedures) for any, rather than a, person who owns or operates a commercial motor vehicle that is domiciled in this state, rather than not subject to safety audits by the United States. SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1818 differs from the original bill by adding a new SECTION 1(Section 644.102, Transportation Code), to require, rather than authorize the DPS to establish, by rule, uniform standards for municipal enforcement of this chapter (Commercial Motor Vehicle Safety Standards). Provides that a municipality that engages in enforcement under this chapter must comply with the standards. Requires DPS to revoke or rescind the certification of any municipal police officer who fails to comply with any of the standards. C.S.H.B. 1818 differs from the original bill in SECTION 2 (proposed Section 644.153,Transportation Code), as redesignated from SECTION 1 of the original bill, and redesignating proposed Subdivisions (f)(1) and (2) as proposed Subsections (g) and (h). C.S.H.B. 1818 differs from the original bill by adding a new SECTION 3 (Section 644.155, Transportation Code), to require DPS to implement and enforce a safety audit program similar to the federal program established under 49 C.F.R. Part 385 (Safety Fitness Procedures) for any, rather than a, person who owns or operates a commercial motor vehicle that is domiciled in this state, rather than not subject to safety audit by the United States. The substitute redesignates SECTIONS 2 (effective date) and 3 (emergency clause) in the original bill as SECTIONS 4 and 5, respectively.