CHAPTER 643. MOTOR CARRIER REGISTRATION

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TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE F. COMMERCIAL MOTOR VEHICLES

CHAPTER 643. MOTOR CARRIER REGISTRATION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 643.001. DEFINITIONS. In this chapter:

(1) "Department" means the Texas Department of Motor Vehicles.

(2) "Director" means:

(A) the executive director of the department; or

(B) an employee of the department who:

(i) is a division or special office director or holds a higher

rank; and

(ii) is designated by the director.

(3) "Hazardous material" has the meaning assigned by 49 U.S.C.

Section 5102.

(4) "Household goods" has the meaning assigned by 49 U.S.C.

Section 13102.

(5) "Insurer" means a person, including a surety, authorized in

this state to write lines of insurance coverage required by this

chapter.

(6) "Motor carrier" means an individual, association,

corporation, or other legal entity that controls, operates, or

directs the operation of one or more vehicles that transport

persons or cargo over a road or highway in this state.

(7) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec.

5.01(a)(1), eff. September 1, 2007.

(7-a) "Unified carrier registration system" means a motor

vehicle registration system established under 49 U.S.C. Section

14504a or a similar federal registration program that replaces

that system.

(8) "Vehicle requiring registration" means a vehicle described

by Section 643.051.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1046, Sec. 5.01(a)(1), eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1396, Sec. 16, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 2L.01, eff. September 1, 2009.

Sec. 643.002. EXEMPTIONS. This chapter does not apply to:

(1) motor carrier operations exempt from registration by the

Unified Carrier Registration Act of 2005 (49 U.S.C. Section

14504a) or a motor vehicle registered under the single state

registration system established under 49 U.S.C. Section 14504(c)

when operating exclusively in interstate or international

commerce;

(2) a motor vehicle registered as a cotton vehicle under Section

504.505;

(3) a motor vehicle the department by rule exempts because the

vehicle is subject to comparable registration and a comparable

safety program administered by another governmental entity;

(4) a motor vehicle used to transport passengers operated by an

entity whose primary function is not the transportation of

passengers, such as a vehicle operated by a hotel, day-care

center, public or private school, nursing home, or similar

organization;

(5) a vehicle operating under a private carrier permit issued

under Chapter 42, Alcoholic Beverage Code;

(6) a vehicle operated by a governmental entity; or

(7) a tow truck, as defined by Section 2308.002, Occupations

Code.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec.

17.10(a), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 603, Sec.

1, eff. Aug. 30, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1046, Sec. 3.06, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1396, Sec. 17, eff. September 1, 2007.

Sec. 643.003. RULES. The department may adopt rules to

administer this chapter.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997.

Sec. 643.004. PAYMENT OF FEES. (a) The department may adopt

rules on the method of payment of a fee under this chapter,

including:

(1) authorizing the use of:

(A) escrow accounts described by Subsection (b); and

(B) electronic funds transfer or a credit card issued by a

financial institution chartered by a state or the United States

or by a nationally recognized credit organization approved by the

department; and

(2) requiring the payment of a discount or service charge for a

credit card payment in addition to the fee.

(b) The department may establish one or more escrow accounts in

the state highway fund for the prepayment of a fee under this

chapter. Prepaid fees and any fees established by the department

for the administration of this section shall be:

(1) administered under an agreement approved by the department;

and

(2) deposited to the credit of the state highway fund to be

appropriated only to the department for the purposes of

administering this chapter.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec.

17.11(a), eff. Sept. 1, 1999.

SUBCHAPTER B. REGISTRATION

Sec. 643.051. REGISTRATION REQUIRED. (a) A motor carrier may

not operate a commercial motor vehicle, as defined by Section

548.001, on a road or highway of this state unless the carrier

registers with the department under this subchapter.

(b) A motor carrier may not operate a vehicle, regardless of

size of the vehicle, to transport household goods for

compensation unless the carrier registers with the department

under this subchapter.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

281, Sec. 6.01, eff. June 14, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1046, Sec. 3.07, eff. September 1, 2007.

Sec. 643.052. APPLICATION. To register under this subchapter a

motor carrier must submit to the department an application on a

form prescribed by the department. The application must include:

(1) the name of the owner and the principal business address of

the motor carrier;

(2) the name and address of the legal agent for service of

process on the carrier in this state, if different;

(3) a description of each vehicle requiring registration the

carrier proposes to operate, including the motor vehicle

identification number, make, and unit number;

(4) a statement as to whether the carrier proposes to transport

household goods or a hazardous material;

(5) a declaration that the applicant has knowledge of all laws

and rules relating to motor carrier safety, including this

chapter, Chapter 644, and Subtitle C;

(6) a certification that the carrier is in compliance with the

drug testing requirements of 49 C.F.R. Part 382, and if the

carrier belongs to a consortium, as defined by 49 C.F.R. Part

382, the names of the persons operating the consortium;

(7) a valid identification number issued to the motor carrier by

or under the authority of the Federal Motor Carrier Safety

Administration or its successor; and

(8) any other information the department by rule determines is

necessary for the safe operation of a motor carrier under this

chapter.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 991, Sec. 9,

eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

919, Sec. 3, eff. September 1, 2009.

Sec. 643.053. FILING OF APPLICATION. An application under

Section 643.052 must be filed with the department and accompanied

by:

(1) an application fee of $100 plus a $10 fee for each vehicle

requiring registration;

(2) evidence of insurance or financial responsibility as

required by Section 643.103(a); and

(3) any insurance filing fee required under Section 643.103(c).

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 1034, Sec. 4,

eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1046, Sec. 3.08, eff. September 1, 2007.

Sec. 643.054. DEPARTMENT APPROVAL; ISSUANCE OF CERTIFICATE. (a)

The department shall register a motor carrier under this

subchapter if the carrier complies with Sections 643.052 and

643.053. The department may deny a registration if the applicant

has had a registration revoked under Section 643.252.

(b) The department shall issue a certificate containing a single

registration number to a motor carrier, regardless of the number

of vehicles requiring registration the carrier operates.

the department shall adopt simplified procedures for the

registration of motor carriers transporting household goods as

agents for carriers required to register under this chapter.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec.

17.12(a), eff. Sept. 1, 1999.

Sec. 643.055. CONDITIONAL ACCEPTANCE. (a) The department may

conditionally accept an incomplete application for registration

under this subchapter if the motor carrier complies with Section

643.053.

(b) The department shall notify a motor carrier that an

application is incomplete and inform the carrier of the

information required for completion. If the motor carrier fails

to provide the information before the 46th day after the date the

department provides the notice, the application is considered

withdrawn, and the department shall retain each fee required by

Section 643.053(1).

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997.

Sec. 643.056. SUPPLEMENTAL REGISTRATION. (a) A motor carrier

required to register under this subchapter shall supplement the

carrier's application for registration before:

(1) the carrier transports a hazardous material or household

goods if the carrier has not provided notice of the

transportation to the department in the carrier's initial or a

supplemental application for registration;

(2) the carrier operates a vehicle requiring registration that

is not described on the carrier's initial or a supplemental

application for registration; or

(3) the carrier changes the carrier's principal business

address, legal agent, ownership, consortium, as defined by 49

C.F.R. Part 382, or name.

(b) The department shall prescribe the form of a supplemental

application for registration under Subsection (a).

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 991, Sec. 10,

eff. Sept. 1, 2003.

Sec. 643.057. ADDITIONAL VEHICLES AND FEES. (a) A motor

carrier may not operate an additional vehicle requiring

registration unless the carrier pays a registration fee of $10

for each additional vehicle and shows the department evidence of

insurance or financial responsibility for the vehicle in an

amount at least equal to the amount set by the department under

Section 643.101.

(b) A motor carrier is not required to pay the applicable

registration fee under Subsection (a) for a vehicle for which the

same fee is required and that replaces a vehicle for which the

fee has been paid.

or a hazardous material unless the carrier shows the department

evidence of insurance or financial responsibility in an amount at

least equal to the amount set by the department under Section

643.101 for a vehicle carrying household goods or a hazardous

material.

(d) The department may not collect more than $10 in equipment

registration fees for a vehicle registered under both this

subchapter and Chapter 645.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 1034, Sec. 5,

eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1046, Sec. 3.09, eff. September 1, 2007.

Sec. 643.058. RENEWAL OF REGISTRATION. (a) Except as provided

in Section 643.061, a registration issued under this subchapter

is valid for one year. The department may adopt a system under

which registrations expire at different times during the year.

(b) At least 30 days before the date on which a motor carrier's

registration expires, the department shall notify the carrier of

the impending expiration. The notice must be in writing and sent

to the motor carrier's last known address according to the

records of the department.

subchapter by:

(1) supplementing the application with any new information

required under Section 643.056;

(2) paying a $10 fee for each vehicle requiring registration;

and

(3) providing the department evidence of continuing insurance or

financial responsibility in an amount at least equal to the

amount set by the department under Section 643.101.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec.

17.13(a), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 603, Sec.

2, eff. Aug. 30, 1999; Acts 2003, 78th Leg., ch. 1034, Sec. 6,

eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1046, Sec. 3.10, eff. September 1, 2007.

Sec. 643.059. CAB CARDS. (a) The department shall issue a cab

card for each vehicle requiring registration. A cab card must:

(1) show the registration number of the certificate issued under

Section 643.054(b);

(2) show the vehicle unit number;

(3) show the vehicle identification number; and

(4) contain a statement that the vehicle is registered to

operate under this subchapter.

(b) The department shall issue cab cards at the time a motor

carrier pays a registration fee under this subchapter. The

department may charge a fee of $1 for each cab card.

must keep the cab card in the cab of each vehicle requiring

registration the carrier operates.

(d) The department may order a motor carrier to surrender a cab

card if the carrier's registration is suspended or revoked under

Section 643.252.

(e) If the department determines that the cab card system

described by Subsections (a)-(c) is not an efficient means of

enforcing this subchapter, the department by rule may adopt an

alternative method that is accessible by law enforcement

personnel in the field and provides for the enforcement of the

registration requirements of this subchapter.

(f) A cab card or a vehicle registration issued under the

alternative method described in Subsection (e) must be valid for

the same duration of time as a motor carrier's certificate issued

under Section 643.054(b) or Section 643.061(c)(1).

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 603, Sec. 3,

eff. Aug. 30, 1999.

Sec. 643.060. TEMPORARY REGISTRATION OF INTERNATIONAL MOTOR

CARRIER. The department by rule may provide for the temporary

registration of an international motor carrier that provides

evidence of insurance as required for a domestic motor carrier.

The department may charge a fee for a temporary registration in

an amount not to exceed the cost of administering this section.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997.

Sec. 643.061. OPTIONAL REGISTRATION PERIODS. (a) The

department may vary the registration period under this subchapter

by adopting rules that provide for:

(1) an optional two-year registration; and

(2) an optional temporary registration that is valid for less

than one year.

(b) A motor carrier applying for registration under this section

must pay:

(1) a $20 fee for each vehicle registered under Subsection

(a)(1);

(2) a $10 fee for each vehicle registered under Subsection

(a)(2); and

(3) application and insurance filing fees the department by rule

adopts in an amount not to exceed $100 each.

under this section:

(1) a motor carrier's certificate, in the manner provided by

Section 643.054; and

(2) a cab card or the equivalent of a cab card, in the manner

provided by Section 643.059.

Added by Acts 1999, 76th Leg., ch. 603, Sec. 4, eff. Aug. 30,

1999. Amended by Acts 2003, 78th Leg., ch. 1034, Sec. 7, eff.

Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1046, Sec. 3.11, eff. September 1, 2007.

Sec. 643.062. LIMITATION ON INTERNATIONAL MOTOR CARRIER. (a) A

foreign-based international motor carrier required to register

under this chapter or registered under Chapter 645 may not

transport persons or cargo in intrastate commerce in this state.

(b) A person may not assist a foreign-based international motor

carrier in violating Subsection (a).

Added by Acts 1999, 76th Leg., ch. 62, Sec. 17.14(a), eff. Sept.

1, 1999; Acts 1999, 76th Leg., ch. 603, Sec. 4, eff. Aug. 30,

1999.

Sec. 643.063. VEHICLES OPERATED UNDER SHORT-TERM LEASE AND

SUBSTITUTE VEHICLES. (a) In this section:

(1) "Leasing business" means a person that leases vehicles

requiring registration.

(2) "Short-term lease" means a lease of 30 days or less.

(b) A vehicle requiring registration operated under a short-term

lease is exempt from the registration requirements of Sections

643.052-643.059. The department shall adopt rules providing for

the operation of these vehicles under flexible procedures. A

vehicle requiring registration operated under a short-term lease

is not required to carry a cab card or other proof of

registration if a copy of the lease agreement is carried in the

cab of the vehicle.

notifying the department in advance if the substitute is a

temporary replacement because of maintenance, repair, or other

unavailability of the vehicle originally leased. A substitute

vehicle is not required to carry a cab card or other proof of

registration if a copy of the lease agreement for the vehicle

originally leased is carried in the cab of the substitute.

(d) Instead of the registration procedures described by Sections

643.052-643.059, the department shall adopt rules that allow a

leasing business to report annually to the department on the

number of vehicles requiring registration that the leasing

business actually operated in the previous 12 months. The rules

may not require the vehicles operated to be described with

particularity. The registration fee for each vehicle operated may

be paid at the time the report is filed.

(e) A leasing business that registers its vehicles under

Subsection (d) may comply with the liability insurance

requirements of Subchapter C by filing evidence of a contingency

liability policy satisfactory to the department.

(f) Rules adopted by the department under this section:

(1) must be designed to avoid requiring a vehicle to be

registered more than once in a calendar year; and

(2) may allow a leasing business to register a vehicle on behalf

of a lessee.

Added by Acts 1999, 76th Leg., ch. 62, Sec. 17.15(a), eff. Sept.

1, 1999.

Sec. 643.064. ISSUANCE OF UNITED STATES DEPARTMENT OF

TRANSPORTATION NUMBERS. The department by rule shall provide for

the issuance to a motor carrier of an identification number

authorized by the Federal Motor Carrier Safety Administration. A

rule must conform to rules of the Federal Motor Carrier Safety

Administration or its successor.

Added by Acts 2009, 81st Leg., R.S., Ch.

919, Sec. 4, eff. September 1, 2009.

SUBCHAPTER C. INSURANCE

Sec. 643.101. AMOUNT REQUIRED. (a) A motor carrier required to

an amount set by the department for each vehicle requiring

registration the carrier operates.

(b) Except as provided by Section 643.1015, the department by

rule may set the amount of liability insurance required at an

amount that does not exceed the amount required for a motor

carrier under a federal regulation adopted under 49 U.S.C.

Section 13906(a)(1). In setting the amount the department shall

consider:

(1) the class and size of the vehicle; and

(2) the persons or cargo being transported.

transports household goods shall maintain cargo insurance in the

amount required for a motor carrier transporting household goods

under federal law.

(d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec.

5.01(a)(2), eff. September 1, 2007.

(e) Unless state law permits a commercial motor vehicle to be

self-insured, any insurance required for a commercial motor

vehicle must be obtained from:

(1) an insurer authorized to do business in this state whose

aggregate net risk, after reinsurance, under any one insurance

policy is not in excess of 10 percent of the insurer's

policyholders' surplus, and credit for such reinsurance is

permitted by law; or

(2) an insurer that meets the eligibility requirements of a

surplus lines insurer pursuant to Chapter 981, Insurance Code.

Notwithstanding any other provision in law, an insurer in

compliance with this subsection shall be deemed to be in

compliance with any rating or financial criteria established for

motor carriers by any political subdivision of the state.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 1034, Sec. 8,

eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

144, Sec. 1, eff. May 24, 2005.

Acts 2005, 79th Leg., Ch.

728, Sec. 11.163, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1046, Sec. 5.01(a)(2), eff. September 1, 2007.

Sec. 643.1015. AMOUNT REQUIRED FOR CERTAIN SCHOOL BUSES. (a)

This section applies only to a school bus that:

(1) is owned by a motor carrier required to be registered under

Subchapter B;

(2) is in compliance with the requirements of Chapter 548; and

(3) is operated exclusively within the boundaries of a

municipality by a person who:

(A) holds a driver's license or commercial driver's license of

the appropriate class required for the operation of the school

bus; and

(B) meets the requirements of Section 521.022.

(b) The owner of a school bus shall maintain liability insurance

in the amount of at least $500,000 combined single limit.

operated by a motor carrier and used to transport preprimary,

primary, or secondary school students on a route between the

students' residences and a public, private, or parochial school

or day-care facility.

Added by Acts 2005, 79th Leg., Ch.

144, Sec. 2, eff. May 24, 2005.

Sec. 643.102. SELF-INSURANCE. A motor carrier may comply with

Section 643.101 through self-insurance if the carrier

demonstrates to the department that it can satisfy its

obligations for liability for bodily injury or property damage.

In the interest of public safety, the department by rule shall

provide for a responsible system of self-insurance for a motor

carrier.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997.

Sec. 643.103. FILING; EVIDENCE OF INSURANCE; FEES. (a) A motor

carrier that is required to register under Subchapter B must file

with the department evidence of insurance in the amounts required

by Section 643.101 or 643.1015, or evidence of financial

responsibility as described by Section 643.102, in a form

prescribed by the department. The form must be filed:

(1) at the time of the initial registration;

(2) at the time of a subsequent registration if the motor

carrier was required to be continuously registered under

Subchapter B and the carrier failed to maintain continuous

registration;

(3) at the time a motor carrier changes insurers; and

(4) at the time a motor carrier changes ownership, as determined

by rules adopted by the department.

(b) A motor carrier shall keep evidence of insurance in a form

approved by the department in the cab of each vehicle requiring

registration the carrier operates.

Subsection (a).

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

144, Sec. 3, eff. May 24, 2005.

Sec. 643.104. TERMINATION OF INSURANCE COVERAGE. (a) An

insurer may not terminate coverage provided to a motor carrier

registered under Subchapter B unless the insurer provides the

department with notice at least 30 days before the date the

termination takes effect.

(b) Notice under Subsection (a) must be in a form approved by

the department and the Texas Department of Insurance. The

department shall notify the Department of Public Safety and other

law enforcement agencies of each motor carrier whose certificate

of registration has been revoked for failing to maintain

liability insurance coverage.

agency shall confirm that no operations are being performed by a

motor carrier if notice has been received under Subsection (b)

that the certificate of registration for that carrier has been

revoked.

(d) A law enforcement officer may detain or impound any

commercial vehicle operating without liability insurance until

such coverage is properly filed with the department.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 163, Sec. 1,

eff. Sept. 1, 2003.

Sec. 643.105. INSOLVENCY OF INSURER. If an insurer for a motor

carrier becomes insolvent, is placed in receivership, or has its

certificate of authority suspended or revoked and if the carrier

no longer has insurance coverage as required by this subchapter,

the carrier shall file with the department, not later than the

10th day after the date the coverage lapses:

(1) evidence of insurance as required by Section 643.103; and

(2) an affidavit that:

(A) indicates that an accident from which the carrier may incur

liability did not occur while the coverage was not in effect; or

(B) contains a plan acceptable to the department indicating how

the carrier will satisfy claims of liability against the carrier

for an accident that occurred while the coverage was not in

effect.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997.

Sec. 643.106. INSURANCE FOR EMPLOYEES. (a) Notwithstanding any

provision of any law or regulation, a motor carrier that is

required to register under Subchapter B and whose primary

business is transportation for compensation or hire between two

or more municipalities shall protect its employees by obtaining:

(1) workers' compensation insurance coverage as defined under

Subtitle A, Title 5, Labor Code; or

(2) accidental insurance coverage approved by the department

from:

(A) a reliable insurance company authorized to write accidental

insurance policies in this state; or

(B) a surplus lines insurer under Chapter 981, Insurance Code.

(b) The department shall determine the amount of insurance

coverage under Subsection (a)(2). The amount may not be less

than:

(1) $300,000 for medical expenses for at least 104 weeks;

(2) $100,000 for accidental death and dismemberment;

(3) 70 percent of an employee's pre-injury income for at least

104 weeks when compensating for loss of income; and

(4) $500 for the maximum weekly benefit.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec.

17.17(a), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 886, Sec.

1, eff. Aug. 30, 1999; Acts 2003, 78th Leg., ch. 1276, Sec.

10A.554, eff. Sept. 1, 2003.

SUBCHAPTER D. ECONOMIC REGULATION

Sec. 643.151. PROHIBITION. Except as provided by this

subchapter, the department may not regulate the prices, routes,

or services provided by a motor carrier.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997.

Sec. 643.152. VOLUNTARY STANDARDS. The department may establish

voluntary standards for uniform cargo liability, uniform bills of

lading or receipts for cargo being transported, and uniform cargo

credit. A standard adopted under this section must be consistent

with Subtitle IV, Title 49, United States Code, or a regulation

adopted under that law.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997.

Sec. 643.153. MOTOR CARRIER TRANSPORTING HOUSEHOLD GOODS. (a)

The department shall adopt rules to protect a consumer using the

service of a motor carrier who is transporting household goods

for compensation.

(b) The department may adopt rules necessary to ensure that a

customer of a motor carrier transporting household goods is

protected from deceptive or unfair practices and unreasonably

hazardous activities. The rules must:

(1) establish a formal process for resolving a dispute over a

fee or damage;

(2) require a motor carrier to indicate clearly to a customer

whether an estimate is binding or nonbinding and disclose the

maximum price a customer could be required to pay;

(3) create a centralized process for making complaints about a

motor carrier that also allows a customer to inquire about a

carrier's complaint record; and

(4) require a motor carrier transporting household goods to list

a place of business with a street address in this state and the

carrier's registration number issued under this article in any

print advertising published in this state.

June 14, 2005.

(d) A motor carrier that is required to register under

Subchapter B and that transports household goods shall file a

tariff with the department that establishes maximum charges for

transportation between two or more municipalities. A motor

carrier may comply with this requirement by filing a copy of the

carrier's tariff governing interstate transportation services on

a highway between two or more municipalities. The department

shall make tariffs filed under this subsection available for

public inspection at the department.

(e) The department may not adopt rules regulating the rates,

except as provided by this section, or routes of a motor carrier

transporting household goods.

(f) The unauthorized practice of the insurance business under

Chapter 101, Insurance Code, does not include the offer of

insurance by a household goods motor carrier, or its agent, that

transports goods for up to the full value of a customer's

property transported or stored, if the offer is authorized by a

rule adopted under Subsection (b).

(g) A motor carrier may designate an association or an agent of

an association as its collective maximum ratemaking association

for the purpose of the filing of a tariff under Subsection (d).

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec.

17.19(a), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 603, Sec.

5, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1276, Sec.

10A.555, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

281, Sec. 6.02, eff. June 14, 2005.

Acts 2005, 79th Leg., Ch.

281, Sec. 6.06, eff. June 14, 2005.

Sec. 643.154. ANTITRUST EXEMPTION. (a) Chapter 15, Business

& Commerce Code, does not apply to a discussion or agreement

between a motor carrier that is required to register under

Subchapter B and that transports household goods and an agent of

the carrier involving:

(1) the following matters if they occur under the authority of

the principal carrier:

(A) a rate for the transportation of household goods;

(B) an access, terminal, storage, or other charge incidental to

the transportation of household goods; or

goods; or

(2) ownership of the carrier by the agent or membership on the

board of directors of the carrier by the agent.

(b) An agent under Subsection (a) may itself be a motor carrier

required to register under Subchapter B.

to register under Subchapter B from Chapter 15, Business &

Commerce Code, for an activity relating to the establishment of a

joint line rate, route, classification, or mileage guide.

(d) A motor carrier that is required to register under

Subchapter B and that transports household goods, or an agent of

the carrier, may enter into a collective ratemaking agreement

with another motor carrier of household goods or an agent of that

carrier concerning the establishment and filing of maximum rates,

classifications, rules, or procedures. The agreement must be

submitted to the department for approval.

(e) The department shall approve an agreement submitted under

Subsection (d) if the agreement provides that each meeting of

parties to the agreement is open to the public and that notice of

each meeting must be given to customers who are multiple users of

the services of a motor carrier that is a party to the agreement.

The department may withhold approval of the agreement if it

determines, after notice and hearing, that the agreement fails to

comply with this subsection.

(f) Unless disapproved by the department, an agreement made

under Subsection (d) is valid, and Chapter 15, Business &

Commerce Code, does not apply to a motor carrier that is a party

to the agreement.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997.

Sec. 643.155. RULES ADVISORY COMMITTEE. (a) The department

shall appoint a rules advisory committee consisting of

representatives of motor carriers transporting household goods

using small, medium, and large equipment, the public, and the

department.

(b) Members of the committee serve at the pleasure of the

department and are not entitled to compensation or reimbursement

of expenses for serving on the committee. The department may

adopt rules to govern the operations of the advisory committee.

department under Sections 643.153(a) and (b) and make

recommendations to the department on modernizing and streamlining

the rules.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec.

17.19(b), eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

281, Sec. 6.03, eff. June 14, 2005.

Sec. 643.156. REGULATION OF ADVERTISING. (a) The department

may not by rule restrict competitive bidding or advertising by a

motor carrier except to prohibit false, misleading, or deceptive

practices.

(b) A rule to prohibit false, misleading, or deceptive practices

may not:

(1) restrict the use of:

(A) any medium for an advertisement;

(B) a motor carrier's advertisement under a trade name; or

advertisement, if the motor carrier is an individual; or

(2) relate to the size or duration of an advertisement by a

motor carrier.

Added by Acts 1999, 76th Leg., ch. 62, Sec. 17.20(a), eff. Sept.

1, 1999.

SUBCHAPTER F. ENFORCEMENT

Sec. 643.251. ADMINISTRATIVE PENALTY. (a) The department may

impose an administrative penalty against a motor carrier required

to register under Subchapter B that violates this chapter or a

rule or order adopted under this chapter.

(b) Except as provided by this section, the amount of an

administrative penalty may not exceed $5,000. If it is found that

the motor carrier knowingly committed the violation, the penalty

may not exceed $15,000. If it is found that the motor carrier

knowingly committed multiple violations, the aggregate penalty

for the multiple violations may not exceed $30,000. Each day a

violation continues or occurs is a separate violation for

purposes of imposing a penalty.

(1) the seriousness of the violation, including the nature,

circumstances, extent, and gravity of any prohibited act, and the

hazard or potential hazard created to the health, safety, or

economic welfare of the public;

(2) the economic harm to property or the environment caused by

the violation;

(3) the history of previous violations;

(4) the amount necessary to deter future violations;

(5) efforts to correct the violation; and

(6) any other matter that justice may require.

(d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.

26(1), eff. September 1, 2007.

(e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.

26(1), eff. September 1, 2007.

(f) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.

26(1), eff. September 1, 2007.

(g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.

26(1), eff. September 1, 2007.

(h) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.

26(1), eff. September 1, 2007.

(i) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.

26(1), eff. September 1, 2007.

(j) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.

26(1), eff. September 1, 2007.

(k) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.

26(1), eff. September 1, 2007.

(l) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.

26(1), eff. September 1, 2007.

(m) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.

26(1), eff. September 1, 2007.

(n) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.

26(1), eff. September 1, 2007.

(o) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.

26(1), eff. September 1, 2007.

(p) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.

26(1), eff. September 1, 2007.

(q) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.

26(1), eff. September 1, 2007.

(r) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.

26(1), eff. September 1, 2007.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1396, Sec. 18, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1396, Sec. 26(1), eff. September 1, 2007.

Sec. 643.252. ADMINISTRATIVE SANCTIONS. (a) The department may

suspend, revoke, or deny a registration issued under this chapter

or place on probation a motor carrier whose registration is

suspended if a motor carrier:

(1) fails to maintain insurance or evidence of financial

responsibility as required by Section 643.101(a), (b), (c), or

(d);

(2) fails to keep evidence of insurance in the cab of each

vehicle as required by Section 643.103(b);

(3) fails to register a vehicle requiring registration;

(4) violates any other provision of this chapter;

(5) knowingly provides false information on any form filed with

the department under this chapter; or

(6) violates a rule or order adopted under this chapter.

(b) The Department of Public Safety may request that the

department suspend or revoke a registration issued under this

chapter or place on probation a motor carrier whose registration

is suspended if a motor carrier has:

(1) an unsatisfactory safety rating under 49 C.F.R. Part 385; or

(2) multiple violations of Chapter 644, a rule adopted under

that chapter, or Subtitle C.

under this chapter to a for-hire motor carrier of passengers if

the motor carrier is required to register with the Federal Motor

Carrier Safety Administration and the federal registration is

denied, revoked, suspended, or otherwise terminated.

(d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.

26(2), eff. September 1, 2007.

(e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.

26(2), eff. September 1, 2007.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec.

17.21(a), eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1034,

Sec. 11, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

281, Sec. 6.04, eff. June 14, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1396, Sec. 19, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1396, Sec. 20, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1396, Sec. 26(2), eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

919, Sec. 5, eff. September 1, 2009.

Sec. 643.2525. ADMINISTRATIVE HEARING PROCESS. (a) If the

department determines that a violation has occurred for which an

enforcement action is being taken under Section 643.251 or

643.252, the department shall give written notice to the motor

carrier by first class mail to the carrier's address as shown in

the records of the department.

(b) A notice required by Subsection (a) must include:

(1) a brief summary of the alleged violation;

(2) a statement of each administrative sanction being taken;

(3) the effective date of each sanction;

(4) a statement informing the carrier of the carrier's right to

request a hearing; and

(5) a statement as to the procedure for requesting a hearing,

including the period during which a request must be made.

mailed the department receives a written request for a hearing,

the department shall set a hearing and give notice of the hearing

to the carrier. The hearing shall be conducted by an

administrative law judge of the State Office of Administrative

Hearings.

(d) If the motor carrier does not timely request a hearing under

Subsection (c), the department's decision becomes final on the

expiration of the period described by Subsection (c).

(e) The administrative law judge shall make findings of fact and

conclusions of law and promptly issue to the director a proposal

for a decision as to the occurrence of the violation and the

administrative penalties or sanctions.

(f) In addition to a penalty or sanction proposed under

Subsection (e), the administrative law judge shall include in the

proposal for a decision a finding setting out costs, fees,

expenses, and reasonable and necessary attorney's fees incurred

by the state in bringing the proceeding. The director may adopt

the finding and make it a part of a final order entered in the

proceeding.

(g) Based on the findings of fact, conclusions of law, and

proposal for a decision, the director by order may find that a

violation has occurred and impose the sanctions or may find that

a violation has not occurred.

(h) The director shall provide written notice to the motor

carrier of a finding made under Subsection (g) and shall include

in the notice a statement of the right of the carrier to judicial

review of the order.

(i) Before the 31st day after the date the director's order

under Subsection (g) becomes final as provided by Section

2001.144, Government Code, the motor carrier may appeal the order

by filing a petition for judicial review contesting the order.

Judicial review is under the substantial evidence rule.

(j) A petition filed under Subsection (i) stays the enforcement

of the administrative action until the earlier of the 550th day

after the date the petition was filed or the date a final

judgment is rendered by the court.

(k) If the motor carrier is required to pay a penalty or cost

under Subsection (f), failure to pay the penalty or cost before

the 61st day after the date the requirement becomes final is a

violation of this chapter and may result in an additional

penalty, revocation or suspension of a motor carrier

registration, or denial of renewal of a motor carrier

registration.

(l) A motor carrier that is required to pay a penalty, cost,

fee, or expense under this section or Section 643.251 is not

eligible for a reinstatement or renewal of a registration under

this chapter until all required amounts have been paid to the

department.

(m) If the suspension of a motor carrier's registration is

probated, the department may require the carrier to report

regularly to the department on any matter that is the basis of

the probation. Any violation of the probation may result in the

imposition of an administrative penalty or the revocation of the

registration.

(n) All proceedings under this section are subject to Chapter

2001, Government Code.

Added by Acts 2007, 80th Leg., R.S., Ch.

1396, Sec. 21, eff. September 1, 2007.

Sec. 643.253. OFFENSES AND PENALTIES. (a) A person commits an

offense if the person fails to:

(1) register as required by Subchapter B;

(2) maintain insurance or evidence of financial responsibility

as required by Subchapter C; or

(3) keep a cab card in the cab of a vehicle as required by

Section 643.059.

(b) A person commits an offense if the person solicits the

transportation of household goods for compensation and is not

registered as required by Subchapter B.

section is a Class C misdemeanor.

(e) An offense under Subsection (b) is a misdemeanor punishable

by a fine of not less than $200 or more than $1,000 per

violation.

(f) A peace officer may issue a citation for a violation under

this section.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec.

17.22(a), eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1034,

Sec. 12, 13, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

281, Sec. 6.05, eff. June 14, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1046, Sec. 3.12, eff. September 1, 2007.

Sec. 643.254. INSPECTION OF DOCUMENTS. (a) To investigate an

alleged violation of this chapter or a rule or order adopted

under this chapter, an officer or employee of the department who

has been certified for the purpose by the director may enter a

motor carrier's premises to inspect, copy, or verify the

correctness of a document, including an operation log or

insurance certificate.

(b) The officer or employee may conduct the inspection:

(1) at a reasonable time;

(2) after stating the purpose of the inspection; and

(3) by presenting to the motor carrier:

(A) appropriate credentials; and

(B) a written statement from the department to the motor carrier

indicating the officer's or employee's authority to inspect.

(1) designate a location in the state for inspection of records

concerning the alleged violation; or

(2) request that an officer or employee of the department

conduct the inspection at an office of the motor carrier located

outside this state.

(d) A motor carrier requesting an out-of-state inspection will

be responsible for payment of actual expenses incurred by the

department in conducting the inspection.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff.

Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 603, Sec. 6,

eff. Aug. 30, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1396, Sec. 22, eff. September 1, 2007.

Sec. 643.255. INJUNCTIVE RELIEF. (a) The attorney general, at

the request of the department, may petition a district court for

appropriate injunctive relief to prevent or abate a violation of

this chapter or a rule or order adopted under this chapter.

(b) Venue in a suit for injunctive relief under this section is

in Travis County.

person is violating or has violated this chapter or a rule or

order adopted under this chapter, the court shall grant the

appropriate relief without bond.

(d) The attorney general and the department may recover

reasonable expenses incurred in obtaining injunctive relief under

this section, including court costs, reasonable attorney's fees,

investigative costs, witness fees, and deposition expenses.

Added by Acts 2007, 80th Leg., R.S., Ch.

1396, Sec. 23, eff. September 1, 2007.

Sec. 643.256. CEASE AND DESIST ORDER. The department may issue

a cease and desist order if the department determines that the

action is necessary to:

(1) prevent a violation of this chapter; and

(2) protect the public health and safety.

Added by Acts 2009, 81st Leg., R.S., Ch.

919, Sec. 6, eff. September 1, 2009.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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