TRANSPORTATION CODE
CHAPTER 643. MOTOR CARRIER REGISTRATION
SUBCHAPTER A. GENERAL PROVISIONS
§ 643.001. DEFINITIONS. In this chapter:
(1) "Department" means the Texas Department of
Transportation.
(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) "Tow truck" means a motor vehicle, including a
wrecker, equipped with a mechanical device used to tow, winch, or
otherwise move another motor vehicle.
(8) "Vehicle requiring registration" means a vehicle
described by Section 643.051.
Added by Acts 1997, 75th Leg., ch. 165, § 30.150(a), eff. Sept.
1, 1997.
§ 643.002. EXEMPTIONS. This chapter does not apply to:
(1) 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 502.277;
(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; or
(6) a vehicle operated by a governmental entity.
Added by Acts 1997, 75th Leg., ch. 165, § 30.150(a), eff. Sept.
1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, § 17.10(a),
eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 603, § 1, eff. Aug.
30, 1999.
§ 643.003. RULES. The department may adopt rules to
administer this chapter.
Added by Acts 1997, 75th Leg., ch. 165, § 30.150(a), eff. Sept.
1, 1997.
§ 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, § 30.150(a), eff. Sept.
1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, § 17.11(a),
eff. Sept. 1, 1999.
SUBCHAPTER B. REGISTRATION
§ 643.051. REGISTRATION REQUIRED. A motor carrier may
not operate a commercial motor vehicle, as defined by Section
548.001, or a tow truck on a road or highway of this state unless the
carrier registers with the department under this subchapter.
Added by Acts 1997, 75th Leg., ch. 165, § 30.150(a), eff. Sept.
1, 1997.
§ 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; and
(7) 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, § 30.150(a), eff. Sept.
1, 1997. Amended by Acts 2003, 78th Leg., ch. 991, § 9, eff.
Sept. 1, 2003.
§ 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 other than a tow truck or a $25 fee
for each tow truck the motor carrier proposes to operate;
(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, § 30.150(a), eff. Sept.
1, 1997. Amended by Acts 2003, 78th Leg., ch. 1034, § 4, eff.
Sept. 1, 2003.
§ 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.
(c) 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, § 30.150(a), eff. Sept.
1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, § 17.12(a),
eff. Sept. 1, 1999.
§ 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, § 30.150(a), eff. Sept.
1, 1997.
§ 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, § 30.150(a), eff. Sept.
1, 1997. Amended by Acts 2003, 78th Leg., ch. 991, § 10, eff.
Sept. 1, 2003.
§ 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 other than a tow truck or $25 for each tow
truck 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.
(c) 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) The department may not collect more than $10 in
equipment registration fees for a vehicle other than a tow truck
registered under both this subchapter and Chapter 645 or more than
$25 if the vehicle is a tow truck.
Added by Acts 1997, 75th Leg., ch. 165, § 30.150(a), eff. Sept.
1, 1997. Amended by Acts 2003, 78th Leg., ch. 1034, § 5, eff.
Sept. 1, 2003.
§ 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.
(c) A motor carrier may renew a registration under this
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 other than a tow truck or a fee of $25 for each tow
truck the carrier operates; 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, § 30.150(a), eff. Sept.
1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, § 17.13(a),
eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 603, § 2, eff. Aug.
30, 1999; Acts 2003, 78th Leg., ch. 1034, § 6, eff. Sept. 1,
2003.
§ 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.
(c) 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) 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, § 30.150(a), eff. Sept.
1, 1997. Amended by Acts 1999, 76th Leg., ch. 603, § 3, eff. Aug.
30, 1999.
§ 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, § 30.150(a), eff. Sept.
1, 1997.
§ 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 other than a
tow truck or a fee of $50 for each tow truck under Subsection
(a)(1);
(2) a $10 fee for each vehicle registered other than a
tow truck or a fee of $25 for each tow truck under Subsection
(a)(2); and
(3) application and insurance filing fees the
department by rule adopts in an amount not to exceed $100 each.
(c) The department shall issue to a motor carrier
registering 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, § 4, eff. Aug. 30, 1999.
Amended by Acts 2003, 78th Leg., ch. 1034, § 7, eff. Sept. 1,
2003.
§ 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, § 17.14(a), eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 603, § 4, eff. Aug. 30, 1999.
§ 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.
(c) 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) 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, § 17.15(a), eff. Sept. 1,
1999.
§ 643.064. REPORT OF POSITIVE RESULT. (a) A motor
carrier required to register under this chapter shall report to the
Department of Public Safety a valid positive result on a controlled
substances test performed as part of the carrier's drug testing
program or consortium, as defined by 49 C. F.R. Part 382, on an
employee of the carrier who holds a commercial driver's license
under Chapter 522.
(b) The Department of Public Safety shall maintain the
information provided under this section.
(c) Information maintained under this section is
confidential and only subject to release as provided by Section
521.053.
Added by Acts 2003, 78th Leg., ch. 991, § 11, eff. Sept. 1, 2003.
SUBCHAPTER C. INSURANCE
§ 643.101. 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) 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.
(c) 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) The owner of a tow truck that is used to perform
nonconsent tows, as defined by Section 643.201, shall maintain
on-hook cargo insurance in the amount of at least $50,000 per truck.
(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 Article 1.14-2, 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, § 30.150(a), eff. Sept.
1, 1997. Amended by Acts 2003, 78th Leg., ch. 1034, § 8, eff.
Sept. 1, 2003.
§ 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, § 30.150(a), eff. Sept.
1, 1997.
§ 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 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.
(c) The department may charge a fee of $100 for a filing
under Subsection (a).
Added by Acts 1997, 75th Leg., ch. 165, § 30.150(a), eff. Sept.
1, 1997.
§ 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.
(c) 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) 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, § 30.150(a), eff. Sept.
1, 1997. Amended by Acts 2003, 78th Leg., ch. 163, § 1, eff.
Sept. 1, 2003.
§ 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, § 30.150(a), eff. Sept.
1, 1997.
§ 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, § 30.150(a), eff. Sept.
1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, § 17.17(a),
eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 886, § 1, eff. Aug.
30, 1999; Acts 2003, 78th Leg., ch. 1276, § 10A.554, eff. Sept.
1, 2003.
SUBCHAPTER D. ECONOMIC REGULATION
§ 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, § 30.150(a), eff. Sept.
1, 1997.
§ 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, § 30.150(a), eff. Sept.
1, 1997.
§ 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;
(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;
(5) require motor carriers that are required to
register under Subsection (c) to file proof of cargo insurance in
amounts to be determined by the department that do not exceed the
amount required for a motor carrier transporting household goods
under federal law and allow alternative evidence of financial
responsibility, through surety bonds, letters of credit, or other
means satisfactory to the department, for contractual obligations
to customers that do not exceed $5,000 aggregate loss or damage to
total cargo shipped at any one time;
(6) require motor carriers that are required to
register under Subsection (c) to conspicuously advise consumers
concerning limitation of any carrier liability for loss or damage
as determined under Subdivision (7); and
(7) determine reasonable provisions governing
limitation of liability for loss or damage of motor carriers
required to register under Subsection (c), not to exceed 60 cents
per pound per article.
(c) The department shall require motor carriers that are not
required to register under Subchapter B to register their
operations before transporting household goods for compensation.
The department shall determine the forms and procedures for
registration required under this subsection. The department shall
charge a motor carrier who registers under this subsection a fee
that does not exceed the total of the fees imposed in Subchapter B.
(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, § 30.150(a), eff. Sept.
1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, § 17.19(a),
eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 603, § 5, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1276, § 10A.555, eff.
Sept. 1, 2003.
§ 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
(C) an allowance relating to the transportation
of household 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.
(c) 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) 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, § 30.150(a), eff. Sept.
1, 1997.
§ 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.
(c) The committee shall:
(1) 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;
(2) conduct a study of the feasibility and necessity
of requiring any vehicle liability insurance for household goods
carriers required to register under Section 643.153(c); and
(3) recommend a maximum level of liability limitation
under Section 643.153(b)(7) that does not exceed 60 cents per
pound.
Added by Acts 1997, 75th Leg., ch. 165, § 30.150(a), eff. Sept.
1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, § 17.19(b),
eff. Sept. 1, 1999.
§ 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
(C) a motor carrier's personal appearance or
voice in an 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, § 17.20(a), eff. Sept. 1,
1999.
SUBCHAPTER E. TOW TRUCKS
§ 643.201. TOW TRUCK REGULATION BY POLITICAL
SUBDIVISIONS. (a) In addition to the registration requirements
of Subchapter B, a political subdivision of this state may regulate
the operation of a tow truck to the extent allowed by federal law,
except that a political subdivision may not issue a more
restrictive regulation for the use of lighting equipment on a tow
truck than is imposed by this title.
(b) A political subdivision may not require the
registration of a tow truck that performs consent tows in the
political subdivision unless the owner of the tow truck has a place
of business in the territory of the political subdivision.
(c) A political subdivision may require the registration of
a tow truck that performs a nonconsent tow in the political
subdivision, regardless of whether the owner of the tow truck has a
place of business in the territory of the political subdivision.
(d) A political subdivision may not require a person who
holds a driver's license or commercial driver's license to obtain a
license or permit for operating a tow truck unless the person
performs nonconsent tows in the territory of the political
subdivision. A fee charged for a license or permit may not exceed
$15.
(e) In this section:
(1) "Commercial driver's license" has the meaning
assigned by Section 522.003.
(2) "Consent tow" means any tow of a motor vehicle
initiated by the owner or operator of the vehicle or by a person who
has possession, custody, or control of the vehicle. The term does
not include a tow of a motor vehicle initiated by a peace officer
investigating a traffic accident or a traffic incident that
involves the vehicle.
(3) "Driver's license" has the meaning assigned by
Section 521.001.
(4) "Nonconsent tow" means any tow of a motor vehicle
that is not a consent tow.
Added by Acts 1997, 75th Leg., ch. 165, § 30.150(a), eff. Sept.
1, 1997. Amended by Acts 2001, 77th Leg., ch. 1303, § 1, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1034, § 9, eff. Sept. 1,
2003.
§ 643.202. RULES ADVISORY COMMITTEE. (a) The
department shall appoint a rules advisory committee to advise the
department on adoption of rules regarding:
(1) the application of this chapter to tow trucks; and
(2) the administration by the department of Chapter
2303, Occupations Code.
(b) The department shall determine the size of the
committee, but the committee must include one member who represents
each of the following:
(1) tow truck operators;
(2) vehicle storage facility operators;
(3) owners of property having parking facilities;
(4) law enforcement agencies or municipalities;
(5) insurance companies; and
(6) the general public.
(c) Members of the committee serve at the pleasure of the
department. A member of the committee is not entitled to
compensation or reimbursement of expenses for serving as a member.
(d) The department may adopt rules to govern the operations
of the committee.
Added by Acts 1997, 75th Leg., ch. 165, § 30.150(a), eff. Sept.
1, 1997. Amended by Acts 2003, 78th Leg., ch. 1276, § 14A.838,
eff. Sept. 1, 2003.
§ 643.203. REGULATION BY POLITICAL SUBDIVISIONS OF FEES
FOR NONCONSENT TOWS. The governing body of a political subdivision
may regulate the fees that may be charged or collected in connection
with a nonconsent tow originating in the territory of the political
subdivision.
Added by Acts 2003, 78th Leg., ch. 1034, § 10, eff. Sept. 1,
2003.
§ 643.204. TOWING FEE STUDIES. (a) The governing body
of a political subdivision that regulates nonconsent tow fees shall
establish procedures by which a towing company may request that a
towing fee study be performed.
(b) The governing body of the political subdivision shall
establish or amend the allowable fees for nonconsent tows at
amounts that represent the fair value of the services of a towing
company and are reasonably related to any financial or accounting
information provided to the governing body.
Added by Acts 2003, 78th Leg., ch. 1034, § 10, eff. Sept. 1,
2003.
§ 643.205. FEES FOR NONCONSENT TOWS IN OTHER
AREAS. (a) In an area in which no political subdivision regulates
the fees that may be charged or collected for a nonconsent tow from
private property, a towing company may charge and collect a fee for
the tow of a motor vehicle from private property in an amount not to
exceed an amount equal to 150 percent of the fee that the towing
company would have been authorized to charge for a nonconsent tow
made at the request of a peace officer of the political subdivision
in which the private property is located.
(b) A towing company may charge and collect a fee for the tow
of a vehicle, with a gross vehicle weight rating in excess of 26,000
pounds, from private property in an amount not to exceed an amount
equal to 125 percent of the fee that the towing company would have
been authorized to charge for a nonconsent tow made at the request
of a peace officer of the political subdivision in which the private
property is located.
Added by Acts 2003, 78th Leg., ch. 1034, § 10, eff. Sept. 1,
2003.
§ 643.206. STORAGE OF TOWED VEHICLES. (a) A towing
company that makes a nonconsent tow shall tow the vehicle to a
vehicle storage facility that is operated by a person who holds a
license to operate the facility under Chapter 2303, Occupations
Code.
(b) A storage or notification fee imposed in connection with
a motor vehicle towed to a vehicle storage facility is governed by
Chapter 2303, Occupations Code.
(c) Except as provided by this chapter or Chapter 2303,
Occupations Code, a fee may not be charged or collected without the
prior written consent of the vehicle owner or operator.
Added by Acts 2003, 78th Leg., ch. 1034, § 10, eff. Sept. 1,
2003.
§ 643.207. REQUIRED FILING. (a) Before January 31 of
each year, a towing company shall file with the department a
schedule showing each towing fee that the towing company charges or
collects in connection with a nonconsent tow.
(b) If a political subdivision begins regulating nonconsent
tow fees, the fees shall be reported to the department by the towing
company before the 30th day after the regulation goes into effect.
(c) Any changes in nonconsent tow fees regulated by a
political subdivision shall be reported to the department by the
towing company before the 30th day after the effective date of the
change.
(d) The department shall make towing fee schedules
available on the department's Internet website. The department
shall make no determination as to the reasonableness of a towing fee
schedule.
Added by Acts 2003, 78th Leg., ch. 1034, § 10, eff. Sept. 1,
2003.
§ 643.208. REQUIRED POSTING. All towing and storage
fees shall be posted at the licensed vehicle storage facility to
which the motor vehicle has been delivered and shall be posted in
view of the person who claims the vehicle.
Added by Acts 2003, 78th Leg., ch. 1034, § 10, eff. Sept. 1,
2003.
SUBCHAPTER F. ENFORCEMENT
§ 643.251. ADMINISTRATIVE PENALTY. (a) The department
may impose an administrative penalty against a motor carrier
required to register under Subchapter B that violates Subchapter B
or C or Section 643.151, 643.152, 643.153(a)-(f), or 643.155 or a
rule or order adopted under those provisions or Section 643.003.
The department shall designate one or more employees to investigate
violations and administer penalties under this section.
(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.
(c) The amount of the penalty shall be based on:
(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) If the department determines that a violation has
occurred, it may issue to the director a report that states the
facts on which the determination is based and a recommendation on
the imposition and amount of any penalty.
(e) Before the 15th day after the date the report is issued,
the department shall give written notice of the report to the motor
carrier. The notice may be given by certified mail. The notice
must include a brief summary of the alleged violation and a
statement of the amount of the recommended penalty and must inform
the motor carrier that the carrier has a right to a hearing on the
occurrence of the violation, the amount of the penalty, or both the
occurrence of the violation and the amount of the penalty.
(f) Before the 21st day after the date the motor carrier
receives the notice, the carrier in writing may accept the
determination and recommended penalty of the department or may make
a written request for a hearing on the occurrence of the violation,
the amount of the penalty, or both the occurrence of the violation
and the amount of the penalty. The department may, on the request
of the person, hold an informal hearing to discuss a penalty
recommended under this section. The department may modify a
recommendation for a penalty at the conclusion of the informal
hearing.
(g) If the motor carrier accepts the determination and
recommended penalty of the department, the director by order shall
approve the determination and impose the recommended penalty.
(h) If the motor carrier requests a hearing or fails to
respond timely to the notice, the department shall set a hearing and
give notice of the hearing to the carrier. The hearing shall be
held by an administrative law judge of the State Office of
Administrative Hearings. The administrative law judge shall make
findings of fact and conclusions of law and promptly issue to the
director a proposal for a decision about the occurrence of the
violation and the amount of a proposed penalty. 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 a penalty or may find that no violation occurred. The
director may increase or decrease the amount of the penalty
recommended by an administrative law judge within the limits
prescribed by Subsection (b).
(i) The notice of the director's order given to the motor
carrier under Chapter 2001, Government Code, must include a
statement of the right of the carrier to judicial review of the
order.
(j) Before the 31st day after the date the director's order
becomes final as provided by Section 2001.144, Government Code, the
motor carrier shall:
(1) pay the amount of the penalty;
(2) pay the amount of the penalty and file a petition
for judicial review contesting the occurrence of the violation, the
amount of the penalty, or both the occurrence of the violation and
the amount of the penalty; or
(3) without paying the amount of the penalty, file a
petition for judicial review contesting the occurrence of the
violation, the amount of the penalty, or both the occurrence of the
violation and the amount of the penalty.
(k) Within the 30-day period, a motor carrier that acts
under Subsection (j)(3) may:
(1) stay enforcement of the penalty by:
(A) paying the amount of the penalty to the court
for placement in an escrow account; or
(B) giving to the court a supersedeas bond that
is approved by the court for the amount of the penalty and that is
effective until all judicial review of the director's order is
final; or
(2) request the court to stay enforcement of the
penalty by:
(A) filing with the court a sworn affidavit of
the person stating that the person is financially unable to pay the
amount of the penalty and is financially unable to give the
supersedeas bond; and
(B) giving a copy of the affidavit to the
director by certified mail.
(l) If the department receives a copy of an affidavit under
Subsection (k)(2), it may file with the court, before the sixth day
after the date the copy is received, a contest to the affidavit.
The court shall hold a hearing on the facts alleged in the affidavit
as soon as practicable and shall stay the enforcement of the penalty
if the court finds that the alleged facts are true. The motor
carrier that files an affidavit has the burden of proving that the
carrier is financially unable to pay the amount of the penalty and
to give a supersedeas bond.
(m) If the motor carrier does not pay the amount of the
penalty and the enforcement of the penalty is not stayed, the
director may refer the matter to the attorney general for
collection of the amount of the penalty.
(n) Judicial review of the order of the director:
(1) is instituted by filing a petition as provided by
Subchapter G, Chapter 2001, Government Code; and
(2) is under the substantial evidence rule.
(o) If the court sustains the occurrence of the violation,
the court may uphold or reduce the amount of the penalty and order
the motor carrier to pay the full or reduced amount of the penalty.
If the court does not sustain the occurrence of the violation, the
court shall order that no penalty is owed.
(p) When the judgment of the court becomes final, the court
shall proceed under this subsection. If the motor carrier paid the
amount of the penalty and if that amount is reduced or is not upheld
by the court, the court shall order that the appropriate amount plus
accrued interest be remitted to the person. The rate of the
interest is the rate charged on loans to depository institutions by
the New York Federal Reserve Bank, and the interest shall be paid
for the period beginning on the date the penalty was paid and ending
on the date the penalty is remitted. If the motor carrier gave a
supersedeas bond and if the penalty is not upheld by the court, the
court shall order the release of the bond. If the motor carrier
gave a supersedeas bond and if the amount of the penalty is reduced,
the court shall order the release of the bond after the carrier pays
the amount.
(q) All proceedings under this section are subject to
Chapter 2001, Government Code.
(r) In addition to a penalty proposed by an administrative
law judge under Subsection (h), 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.
Added by Acts 1997, 75th Leg., ch. 165, § 30.150(a), eff. Sept.
1, 1997.
§ 643.252. SUSPENSION AND REVOCATION OF
REGISTRATION. (a) The department may suspend or revoke 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) or 643.153(b);
(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) knowingly provides false information on any form
filed with the department under this chapter; or
(5) violates a rule adopted under Section 643.063.
(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.
(c) Except as provided by Subsection (d), a suspension or
revocation or the imposition of probation made under Subsection (a)
or (b) is a contested case under Chapter 2001, Government Code.
(d) The department may suspend or revoke a registration
issued under this chapter or place on probation a motor carrier
whose registration is suspended without a hearing under Chapter
2001, Government Code, if:
(1) the department provides notice to the motor
carrier of:
(A) the proposed suspension or revocation; and
(B) the right of the carrier to request a hearing
under Chapter 2001, Government Code; and
(2) the motor carrier fails to provide the department
with a written request for a hearing before the 11th day after the
date the carrier receives the notice described in Subdivision (1).
(e) 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.
Added by Acts 1997, 75th Leg., ch. 165, § 30.150(a), eff. Sept.
1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, § 17.21(a),
eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1034, § 11, eff.
Sept. 1, 2003.
§ 643.253. OFFENSES AND PENALTIES. (a) A person
commits an offense if the person fails to:
(1) register as required by Subchapter B or Section
643.153(c);
(2) maintain insurance or evidence of financial
responsibility as required by Subchapter C or Section 643.153; 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 or Section 643.153.
(c) Except as provided by Subsection (e), an offense under
this section is a Class C misdemeanor.
(d) A person commits an offense if the person:
(1) violates an ordinance, resolution, order, rule, or
regulation of a political subdivision adopted under Section 643.201
or 643.203, for which the political subdivision does not prescribe
the penalty;
(2) charges or collects a fee in a political
subdivision that regulates the operation of tow trucks under
Section 643.201 or 643.203 that is not authorized or is greater than
the authorized amount of the fee;
(3) charges or collects a fee greater than the amount
authorized under Section 643.205;
(4) charges or collects a fee in excess of the amount
filed with the department under Section 643.207;
(5) violates Section 643.206; or
(6) violates a rule of the department applicable to a
tow truck and towing company.
(e) An offense under Subsection (d) 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, § 30.150(a), eff. Sept.
1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, § 17.22(a),
eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1034, § 12, 13,
eff. Sept. 1, 2003.
§ 643.254. INSPECTION OF DOCUMENTS. (a) To
investigate an alleged violation of Subchapter B, C, or D, 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 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.
(c) A motor carrier domiciled outside this state must:
(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, § 30.150(a), eff. Sept.
1, 1997. Amended by Acts 1999, 76th Leg., ch. 603, § 6, eff. Aug.
30, 1999.
