TRANSPORTATION CODE CHAPTER 643. MOTOR CARRIER REGISTRATION 643 052 TN.643
User Manual: 643-052
Open the PDF directly: View PDF 
.
Page Count: 31
TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC
SUBTITLE F. COMMERCIAL MOTOR VEHICLES
CHAPTER 643. MOTOR CARRIER REGISTRATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec.
A
643.001.
AA
DEFINITIONS. In this chapter:
(1)
AA
"Department" means the Texas Department of Motor
Vehicles.
(2)
AA
"Director" means:
(A)
AA
the executive director of the department; or
(B)
AA
an employee of the department who:
(i)
AA
is a division or special office
director or holds a higher rank; and
(ii)
AA
is designated by the director.
(3)
AA
"Hazardous material" has the meaning assigned by
49 U.S.C. Section 5102.
(4)
AA
"Household goods" has the meaning assigned by 49
U.S.C. Section 13102.
(5)
AA
"Insurer" means a person, including a surety,
authorized in this state to write lines of insurance coverage
required by this chapter.
(6)
AA
"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)
AA
Repealed by Acts 2007, 80th Leg., R.S., Ch. 1046,
Sec. 5.01(a)(1), eff. September 1, 2007.
(7-a)
AA
Repealed by Acts 2017, 85th Leg., R.S., Ch. 703
(H.B. 3254), Sec. 17, eff. January 1, 2018.
(8)
AA
"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 (H.B. 2094), Sec.
1
5.01(a)(1), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1396 (H.B. 2093), Sec. 16,
eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 2L.01,
eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 703 (H.B. 3254), Sec. 17, eff.
January 1, 2018.
Sec. 643.002.
AA
EXEMPTIONS. This chapter does not apply to:
(1)
AA
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)
AA
a motor vehicle registered as a cotton vehicle
under Section 504.505;
(3)
AA
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)
AA
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)
AA
a vehicle operating under a private carrier permit
issued under Chapter 42, Alcoholic Beverage Code;
(6)
AA
a vehicle operated by a governmental entity; or
(7)
AA
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 (H.B. 2094), Sec. 3.06,
2
eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1396 (H.B. 2093), Sec. 17,
eff. September 1, 2007.
Sec.
A
643.003.
AA
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.
A
643.004.
AA
PAYMENT OF FEES. (a) The department may
adopt rules on the method of payment of a fee under this chapter,
including:
(1)
AA
authorizing the use of:
(A)
AA
escrow accounts described by Subsection (b);
and
(B)
AA
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)
AA
requiring the payment of a discount or service
charge for a credit card payment in addition to the fee.
(b)
AA
The department may establish one or more escrow accounts
in the Texas Department of Motor Vehicles fund for the prepayment of
a fee under this chapter.
AA
Prepaid fees and any fees established by
the department for the administration of this section shall be:
(1)
AA
administered under an agreement approved by the
department; and
(2)
AA
deposited to the credit of the Texas Department of
Motor Vehicles 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.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1287 (H.B. 2202), Sec. 62,
eff. September 1, 2013.
3
SUBCHAPTER B. REGISTRATION
Sec. 643.051.
AA
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)
AA
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 (H.B. 2702), Sec. 6.01, eff.
June 14, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 3.07,
eff. September 1, 2007.
Sec. 643.052.
AA
APPLICATION. To register under this
subchapter a motor carrier must submit to the department an
application on a form prescribed by the department.
AA
The
application must include:
(1)
AA
the name of the owner and the principal business
address of the motor carrier;
(2)
AA
the name and address of the legal agent for service
of process on the carrier in this state, if different;
(3)
AA
a description of each vehicle requiring
registration the carrier proposes to operate, including the motor
vehicle identification number, make, and unit number;
(4)
AA
a statement as to whether the carrier proposes to
transport household goods or a hazardous material;
(5)
AA
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)
AA
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,
4
the names of the persons operating the consortium;
(7)
AA
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)
AA
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 (H.B. 2985), Sec. 3, eff.
September 1, 2009.
Sec. 643.053.
AA
FILING OF APPLICATION. An application under
Section 643.052 must be filed with the department and accompanied
by:
(1)
AA
an application fee of $100 plus a $10 fee for each
vehicle requiring registration;
(2)
AA
evidence of insurance or financial responsibility
as required by Section 643.103(a);
AA
and
(3)
AA
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 (H.B. 2094), Sec. 3.08,
eff. September 1, 2007.
Sec. 643.054.
AA
DEPARTMENT APPROVAL AND DENIAL; ISSUANCE OF
CERTIFICATE. (a)
AA
The department shall register a motor carrier
under this subchapter if the carrier complies with Sections 643.052
and 643.053.
(a-1)
AA
The department may deny a registration if the
applicant has had a registration revoked under Section 643.252.
(a-2)
AA
The department may deny a registration if the
5
applicant is owned, operated, managed, or otherwise controlled by
or affiliated with a person, including a family member, corporate
officer, entity, or shareholder, that the Department of Public
Safety has determined has:
(1)
AA
an unsatisfactory safety rating under 49 C.F.R.
Part 385; or
(2)
AA
multiple violations of Chapter 644, a rule adopted
under that chapter, or Subtitle C.
(a-3)
AA
The department may deny a registration if the
applicant is owned, operated, managed, or otherwise controlled by
or affiliated with a person, including a family member, corporate
officer, entity, or shareholder, that:
(1)
AA
owned, operated, managed, or otherwise controlled
a motor carrier that the Federal Motor Carrier Safety
Administration has placed out of service for unacceptable safety
compliance; or
(2)
AA
has unpaid administrative penalties assessed
under this chapter or Subtitle E.
(b)
AA
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.
(c)
AA
To avoid multiple registrations of a single motor
carrier, 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.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 122,
eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 123,
eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 703 (H.B. 3254), Sec. 2, eff.
January 1, 2018.
Sec.
A
643.055.
AA
CONDITIONAL ACCEPTANCE. (a) The department
6
may conditionally accept an incomplete application for
registration under this subchapter if the motor carrier complies
with Section 643.053.
(b)
AA
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.
A
643.056.
AA
SUPPLEMENTAL REGISTRATION. (a) A motor
carrier required to register under this subchapter shall supplement
the carrier
’
s application for registration before:
(1)
AA
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)
AA
the carrier operates a vehicle requiring
registration that is not described on the carrier
’
s initial or a
supplemental application for registration; or
(3)
AA
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)
AA
The department shall prescribe the form of a
supplemental application for registration under Subsection (a).
(c)
AA
The department may deny a supplement to a motor
carrier
’
s application for registration if the motor carrier is
owned, operated, managed, or otherwise controlled by or affiliated
with a person, including a family member, corporate officer,
entity, or shareholder, that has unpaid administrative penalties
assessed under this chapter or Subtitle E.
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.
7
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 703 (H.B. 3254), Sec. 3, eff.
January 1, 2018.
Sec.
A
643.057.
AA
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)
AA
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.
(c)
AA
A registered motor carrier may not transport household
goods 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)
AA
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 (H.B. 2094), Sec. 3.09,
eff. September 1, 2007.
Sec.
A
643.058.
AA
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)
AA
At least 30 days before the date on which a motor
8
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.
(c)
AA
A motor carrier may renew a registration under this
subchapter by:
(1)
AA
supplementing the application with any new
information required under Section 643.056;
(2)
AA
paying a $10 fee for each vehicle requiring
registration; and
(3)
AA
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.
(d)
AA
A motor carrier may not renew a registration that has
been expired for more than 180 days.
AA
The motor carrier may obtain a
new registration by complying with the requirements and procedures
for obtaining an original registration under this chapter.
(e)
AA
The department may deny a motor carrier
’
s application to
renew a registration if the motor carrier is owned, operated,
managed, or otherwise controlled by or affiliated with a person,
including a family member, corporate officer, entity, or
shareholder, that:
(1)
AA
the Department of Public Safety has determined
has:
(A)
AA
an unsatisfactory safety rating under 49
C.F.R. Part 385; or
(B)
AA
multiple violations of Chapter 644, a rule
adopted under that chapter, or Subtitle C;
(2)
AA
owned, operated, managed, or otherwise controlled
a motor carrier that the Federal Motor Carrier Safety
Administration has placed out of service for unacceptable safety
compliance; or
(3)
AA
has unpaid administrative penalties assessed
under this chapter or Subtitle E.
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.
9
30, 1999; Acts 2003, 78th Leg., ch. 1034, Sec. 6, eff. Sept. 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 3.10,
eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 703 (H.B. 3254), Sec. 4, eff.
January 1, 2018.
Sec. 643.0585.
AA
REREGISTRATION. (a)
AA
If a motor carrier
’
s
registration has been revoked, the motor carrier may apply to the
department for reregistration not later than the 180th day after
the date the registration was revoked.
(b)
AA
An application for reregistration must be submitted on a
form prescribed by the department and accompanied by:
(1)
AA
a $10 fee for each vehicle requiring registration;
(2)
AA
evidence of insurance or financial responsibility
as required by Section 643.103(a); and
(3)
AA
any insurance filing fee required under Section
643.103(c).
(c)
AA
The department may deny a motor carrier
’
s application
for reregistration if the motor carrier is owned, operated,
managed, or otherwise controlled by or affiliated with a person,
including a family member, corporate officer, entity, or
shareholder, that:
(1)
AA
the Department of Public Safety has determined
has:
(A)
AA
an unsatisfactory safety rating under 49
C.F.R. Part 385; or
(B)
AA
multiple violations of Chapter 644, a rule
adopted under that chapter, or Subtitle C;
(2)
AA
owned, operated, managed, or otherwise controlled
a motor carrier that the Federal Motor Carrier Safety
Administration has placed out of service for unacceptable safety
compliance; or
(3)
AA
has unpaid administrative penalties assessed
under this chapter or Subtitle E.
Added by Acts 2017, 85th Leg., R.S., Ch. 703 (H.B. 3254), Sec. 5,
10
eff. January 1, 2018.
Sec.
A
643.059.
AA
CAB CARDS. (a) The department shall issue a
cab card for each vehicle requiring registration. A cab card must:
(1)
AA
show the registration number of the certificate
issued under Section 643.054(b);
(2)
AA
show the vehicle unit number;
(3)
AA
show the vehicle identification number; and
(4)
AA
contain a statement that the vehicle is registered
to operate under this subchapter.
(b)
AA
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.
(c)
AA
A motor carrier required to register under this
subchapter must keep the cab card in the cab of each vehicle
requiring registration the carrier operates.
(d)
AA
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)
AA
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)
AA
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.
A
643.060.
AA
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
11
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.
A
643.061.
AA
OPTIONAL REGISTRATION PERIODS. (a) The
department may vary the registration period under this subchapter
by adopting rules that provide for:
(1)
AA
an optional two-year registration; and
(2)
AA
an optional temporary registration that is valid
for less than one year.
(b)
AA
A motor carrier applying for registration under this
section must pay:
(1)
AA
a $20 fee for each vehicle registered under
Subsection (a)(1);
(2)
AA
a $10 fee for each vehicle registered under
Subsection (a)(2); and
(3)
AA
application and insurance filing fees the
department by rule adopts in an amount not to exceed $100 each.
(c)
AA
The department shall issue to a motor carrier
registering under this section:
(1)
AA
a motor carrier
’
s certificate, in the manner
provided by Section 643.054; and
(2)
AA
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 (H.B. 2094), Sec. 3.11,
eff. September 1, 2007.
Sec.
A
643.062.
AA
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)
AA
A person may not assist a foreign-based international
12
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.
A
643.063.
AA
VEHICLES OPERATED UNDER SHORT-TERM LEASE AND
SUBSTITUTE VEHICLES. (a) In this section:
(1)
AA
"Leasing business" means a person that leases
vehicles requiring registration.
(2)
AA
"Short-term lease" means a lease of 30 days or
less.
(b)
AA
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.
(c)
AA
A motor carrier may operate a substitute vehicle without
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)
AA
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)
AA
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.
13
(f)
AA
Rules adopted by the department under this section:
(1)
AA
must be designed to avoid requiring a vehicle to be
registered more than once in a calendar year; and
(2)
AA
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.
AA
UNITED STATES DEPARTMENT OF TRANSPORTATION
NUMBERS. (a)
AA
Repealed by Acts 2017, 85th Leg., R.S., Ch. 703 (H.B.
3254), Sec. 17, eff. January 1, 2018.
(b)
AA
A motor carrier required to register under this
subchapter shall maintain an authorized identification number
issued to the motor carrier by the Federal Motor Carrier Safety
Administration, its successor, or another person authorized to
issue the number.
Added by Acts 2009, 81st Leg., R.S., Ch. 919 (H.B. 2985), Sec. 4,
eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 124,
eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 703 (H.B. 3254), Sec. 17, eff.
January 1, 2018.
SUBCHAPTER C. INSURANCE
Sec.
A
643.101.
AA
AMOUNT REQUIRED. (a) A motor carrier
required to register under Subchapter B shall maintain liability
insurance in an amount set by the department for each vehicle
requiring registration the carrier operates.
(b)
AA
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).
AA
In setting the amount the department shall consider:
(1)
AA
the class and size of the vehicle; and
(2)
AA
the persons or cargo being transported.
14
(c)
AA
A motor carrier required to register under Subchapter B
that transports household goods shall maintain cargo insurance in
the amount required for a motor carrier transporting household
goods under federal law.
(d)
AA
Repealed by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec.
5.01(a)(2), eff. September 1, 2007.
(e)
AA
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)
AA
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)
AA
an insurer that meets the eligibility requirements
of a surplus lines insurer pursuant to Chapter 981, Insurance
Code.
AA
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 (H.B. 1018), Sec. 1, eff. May
24, 2005.
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.163, eff.
September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec.
5.01(a)(2), eff. September 1, 2007.
Sec. 643.1015.
AA
AMOUNT REQUIRED FOR CERTAIN SCHOOL BUSES.
(a) This section applies only to a school bus that:
(1)
AA
is owned by a motor carrier required to be
registered under Subchapter B;
(2)
AA
is in compliance with the requirements of Chapter
548; and
15
(3)
AA
is operated exclusively within the boundaries of a
municipality by a person who:
(A)
AA
holds a driver
’
s license or commercial
driver
’
s license of the appropriate class required for the
operation of the school bus; and
(B)
AA
meets the requirements of Section 521.022.
(b)
AA
The owner of a school bus shall maintain liability
insurance in the amount of at least $500,000 combined single limit.
(c)
AA
In this section, "school bus" means a motor vehicle that
is 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 (H.B. 1018), Sec. 2, eff. May
24, 2005.
Sec.
A
643.102.
AA
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.
A
643.103.
AA
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.
AA
The form must be filed:
(1)
AA
at the time of the initial registration;
(2)
AA
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)
AA
at the time a motor carrier changes insurers; and
16
(4)
AA
at the time a motor carrier changes ownership, as
determined by rules adopted by the department.
(b)
AA
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.
(c)
AA
The department may charge a fee of $100 for a filing
under 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 (H.B. 1018), Sec. 3, eff. May
24, 2005.
Sec.
A
643.104.
AA
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)
AA
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.
(c)
AA
The Department of Public Safety or a local law
enforcement 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)
AA
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.
A
643.105.
AA
INSOLVENCY OF INSURER. If an insurer for a
17
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)
AA
evidence of insurance as required by Section
643.103; and
(2)
AA
an affidavit that:
(A)
AA
indicates that an accident from which the
carrier may incur liability did not occur while the coverage was not
in effect; or
(B)
AA
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.
A
643.106.
AA
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)
AA
workers
’
compensation insurance coverage as
defined under Subtitle A, Title 5, Labor Code; or
(2)
AA
accidental insurance coverage approved by the
department from:
(A)
AA
a reliable insurance company authorized to
write accidental insurance policies in this state; or
(B)
AA
a surplus lines insurer under Chapter 981,
Insurance Code.
(b)
AA
The department shall determine the amount of insurance
coverage under Subsection (a)(2). The amount may not be less than:
(1)
AA
$300,000 for medical expenses for at least 104
weeks;
(2)
AA
$100,000 for accidental death and dismemberment;
18
(3)
AA
70 percent of an employee
’
s pre-injury income for
at least 104 weeks when compensating for loss of income; and
(4)
AA
$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.
A
643.151.
AA
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.
A
643.152.
AA
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.
A
643.153.
AA
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)
AA
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.
AA
The rules must:
(1)
AA
establish a formal process for resolving a dispute
over a fee or damage;
(2)
AA
require a motor carrier to indicate clearly to a
19
customer whether an estimate is binding or nonbinding and disclose
the maximum price a customer could be required to pay;
(3)
AA
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)
AA
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.
(c)
AA
Repealed by Acts 2005, 79th Leg., Ch. 281, Sec. 6.06,
eff. June 14, 2005.
(d)
AA
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 all
transportation services.
AA
A motor carrier may comply with this
requirement by filing, in a manner determined by the department, a
copy of the carrier
’
s tariff governing interstate transportation
services.
AA
The department shall make tariffs filed under this
subsection available for public inspection.
(e)
AA
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)
AA
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)
AA
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:
20
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 6.02, eff.
June 14, 2005.
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 6.06, eff.
June 14, 2005.
Acts 2017, 85th Leg., R.S., Ch. 703 (H.B. 3254), Sec. 6, eff.
January 1, 2018.
Sec.
A
643.154.
AA
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)
AA
the following matters if they occur under the
authority of the principal carrier:
(A)
AA
a rate for the transportation of household
goods;
(B)
AA
an access, terminal, storage, or other charge
incidental to the transportation of household goods; or
(C)
AA
an allowance relating to the transportation
of household goods; or
(2)
AA
ownership of the carrier by the agent or
membership on the board of directors of the carrier by the agent.
(b)
AA
An agent under Subsection (a) may itself be a motor
carrier required to register under Subchapter B.
(c)
AA
The department by rule may exempt a motor carrier
required 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)
AA
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)
AA
The department shall approve an agreement submitted
under Subsection (d) if the agreement provides that each meeting of
21
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)
AA
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.
A
643.155.
AA
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)
AA
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.
(c)
AA
The committee shall
AA
examine the rules adopted by the
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 (H.B. 2702), Sec. 6.03, eff.
June 14, 2005.
Sec.
A
643.156.
AA
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.
22
(b)
AA
A rule to prohibit false, misleading, or deceptive
practices may not:
(1)
AA
restrict the use of:
(A)
AA
any medium for an advertisement;
(B)
AA
a motor carrier
’
s advertisement under a trade
name; or
(C)
AA
a motor carrier
’
s personal appearance or
voice in an advertisement, if the motor carrier is an individual;
or
(2)
AA
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.
A
643.251.
AA
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)
AA
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.
(c)
AA
The amount of the penalty shall be based on:
(1)
AA
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)
AA
the economic harm to property or the environment
caused by the violation;
(3)
AA
the history of previous violations;
(4)
AA
the amount necessary to deter future violations;
23
(5)
AA
efforts to correct the violation; and
(6)
AA
any other matter that justice may require.
(d)
AA
Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.
26(1), eff. September 1, 2007.
(e)
AA
Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.
26(1), eff. September 1, 2007.
(f)
AA
Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.
26(1), eff. September 1, 2007.
(g)
AA
Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.
26(1), eff. September 1, 2007.
(h)
AA
Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.
26(1), eff. September 1, 2007.
(i)
AA
Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.
26(1), eff. September 1, 2007.
(j)
AA
Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.
26(1), eff. September 1, 2007.
(k)
AA
Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.
26(1), eff. September 1, 2007.
(l)
AA
Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.
26(1), eff. September 1, 2007.
(m)
AA
Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.
26(1), eff. September 1, 2007.
(n)
AA
Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.
26(1), eff. September 1, 2007.
(o)
AA
Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.
26(1), eff. September 1, 2007.
(p)
AA
Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.
26(1), eff. September 1, 2007.
(q)
AA
Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.
26(1), eff. September 1, 2007.
(r)
AA
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 (H.B. 2093), Sec. 18,
eff. September 1, 2007.
24
Acts 2007, 80th Leg., R.S., Ch. 1396 (H.B. 2093), Sec. 26(1),
eff. September 1, 2007.
Sec. 643.252.
AA
ADMINISTRATIVE SANCTIONS. (a)
AA
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)
AA
fails to maintain insurance or evidence of
financial responsibility as required by Section 643.101(a), (b), or
(c);
(2)
AA
fails to keep evidence of insurance in the cab of
each vehicle as required by Section 643.103(b);
(3)
AA
fails to register a vehicle requiring
registration;
(4)
AA
violates any other provision of this chapter or
Chapter 621,622, or 623;
(5)
AA
knowingly provides false information on any form
filed with the department under this chapter or Chapter 621,622, or
623;
(6)
AA
violates a rule or order adopted under this
chapter or Chapter 621,622, or 623; or
(7)
AA
is owned, operated, managed, or otherwise
controlled by or affiliated with a person, including a family
member, corporate officer, entity, or shareholder:
(A)
AA
whose registration has previously been
revoked or denied; or
(B)
AA
that has unpaid administrative penalties
assessed under this chapter or Subtitle E.
(b)
AA
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)
AA
an unsatisfactory safety rating under 49 C.F.R.
Part 385; or
(2)
AA
multiple violations of Chapter 644, a rule adopted
under that chapter, or Subtitle C.
(c)
AA
The department shall revoke or deny a registration
25
issued 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)
AA
Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec.
26(2), eff. September 1, 2007.
(e)
AA
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 (H.B. 2702), Sec. 6.04, eff.
June 14, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1396 (H.B. 2093), Sec. 19,
eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1396 (H.B. 2093), Sec. 20,
eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1396 (H.B. 2093), Sec. 26(2),
eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 919 (H.B. 2985), Sec. 5, eff.
September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 703 (H.B. 3254), Sec. 7, eff.
January 1, 2018.
Sec. 643.2525.
AA
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)
AA
A notice required by Subsection (a) must include:
(1)
AA
a brief summary of the alleged violation;
(2)
AA
a statement of each administrative sanction being
taken;
(3)
AA
the effective date of each sanction;
26
(4)
AA
a statement informing the carrier of the carrier
’
s
right to request a hearing; and
(5)
AA
a statement as to the procedure for requesting a
hearing, including the period during which a request must be made.
(c)
AA
If not later than the 26th day after the date the notice
is mailed the department receives a written request for a hearing,
the department shall set a hearing and provide the carrier notice of
the hearing and the opportunity to present evidence at the
hearing.
AA
The hearing shall be conducted by an administrative law
judge of the State Office of Administrative Hearings.
(d)
AA
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)
AA
If a hearing set under Subsection (c) is held and
evidence is presented at the hearing, 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)
AA
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.
AA
The director may adopt the
finding and make it a part of a final order entered in the
proceeding.
(g)
AA
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)
AA
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)
AA
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.
AA
Judicial
27
review is under the substantial evidence rule.
(j)
AA
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)
AA
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 a motor
carrier registration renewal or reregistration.
(l)
AA
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 registration, reregistration, or registration
renewal under this chapter until all required amounts have been
paid to the department.
(m)
AA
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.
AA
Any violation of the probation may result in the
imposition of an administrative penalty or the revocation of the
registration.
(n)
AA
All proceedings under this section are subject to
Chapter 2001, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 1396 (H.B. 2093), Sec. 21,
eff. September 1, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 703 (H.B. 3254), Sec. 8, eff.
January 1, 2018.
Sec. 643.2526.
AA
APPEAL OF DENIAL OF REGISTRATION, RENEWAL,
OR REREGISTRATION. (a)
AA
Notwithstanding any other law, a denial of
an application for registration, renewal of registration, or
reregistration under this chapter is not required to be preceded by
notice and an opportunity for hearing.
(b)
AA
An applicant may appeal a denial under this chapter by
filing an appeal with the department not later than the 26th day
28
after the date the department issues notice of the denial to the
applicant.
(c)
AA
If the appeal of the denial is successful and the
application is found to be compliant with this chapter, the
application shall be considered to have been properly filed on the
date the finding is entered.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 125,
eff. September 1, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 703 (H.B. 3254), Sec. 9, eff.
January 1, 2018.
Acts 2017, 85th Leg., R.S., Ch. 703 (H.B. 3254), Sec. 10, eff.
January 1, 2018.
Sec.
A
643.253.
AA
OFFENSES AND PENALTIES. (a) A person commits
an offense if the person fails to:
(1)
AA
register as required by Subchapter B;
(2)
AA
maintain insurance or evidence of financial
responsibility as required by Subchapter C; or
(3)
AA
keep a cab card in the cab of a vehicle as required
by Section 643.059.
(b)
AA
A person commits an offense if the person engages in or
solicits the transportation of household goods for compensation and
is not registered as required by Subchapter B.
(c)
AA
Except as provided by Subsection (e), an offense under
this section is a Class C misdemeanor.
(d) Expired.
(e)
AA
An offense under Subsection (b) is a Class C
misdemeanor, except that the offense is:
(1)
AA
a Class B misdemeanor if the person has previously
been convicted one time of an offense under Subsection (b); and
(2)
AA
a Class A misdemeanor if the person has previously
been convicted two or more times of an offense under Subsection (b).
(f)
AA
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),
29
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 (H.B. 2702), Sec. 6.05, eff.
June 14, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 3.12,
eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 274 (H.B. 1523), Sec. 1, eff.
September 1, 2011.
Sec.
A
643.254.
AA
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)
AA
The officer or employee may conduct the inspection:
(1)
AA
at a reasonable time;
(2)
AA
after stating the purpose of the inspection; and
(3)
AA
by presenting to the motor carrier:
(A)
AA
appropriate credentials; and
(B)
AA
a written statement from the department to
the motor carrier indicating the officer
’
s or employee
’
s authority
to inspect.
(c)
AA
A motor carrier domiciled outside this state must:
(1)
AA
designate a location in the state for inspection
of records concerning the alleged violation; or
(2)
AA
request that an officer or employee of the
department conduct the inspection at an office of the motor carrier
located outside this state.
(d)
AA
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:
30
Acts 2007, 80th Leg., R.S., Ch. 1396 (H.B. 2093), Sec. 22,
eff. September 1, 2007.
Sec. 643.255.
AA
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)
AA
Venue in a suit for injunctive relief under this section
is in Travis County.
(c)
AA
On application for injunctive relief and a finding that
a 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)
AA
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 (H.B. 2093), Sec. 23,
eff. September 1, 2007.
Sec. 643.256.
AA
CEASE AND DESIST ORDER. The department may
issue a cease and desist order if the department determines that the
action is necessary to:
(1)
AA
prevent a violation of this chapter; and
(2)
AA
protect the public health and safety.
Added by Acts 2009, 81st Leg., R.S., Ch. 919 (H.B. 2985), Sec. 6,
eff. September 1, 2009.
31
