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.