Texas Register, Volume 12, Number 57, Pages 2453-2487, July 28, 1987 Page: 2,464
2453-2487 p. ; 28 cm.View a full description of this periodical.
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Proposed
Ru 1SU Before an agency may permanently adopt a new or amended rule, or repeal an existing rule, a pro-
posal detailing the action must be published in the Register at least 30 days before any action
may be taken. The 30-day time period gives interested persons an opportunity to review and make oral or written
comments on the rule. Also, in the case of substantive rules, a public hearing must be granted if requested by at
least 25 persons, a governmental subdivision or agency, or an association having at least 25 members.Symbology in proposed amendments. New language added to an existi
text. [Brackets] indicate deletion of existing material within a rule.ng rule is indicated by the use of bold
TITLE 16. ECONOMIC
REGULATION
Part I. Railroad
Commission of Texas
Chapter 5. Transportation
Division
Subchapter W. Registration of
Commercial Carriers
*16 TAC 5.501-5.506
The Railroad Commission of Texas pro-
poses new 5.501-5.506, concerning de-
finitions, application for registration of
commercial motor vehicles, liability in-
surance for commercial carriers, cab
cards, cancellation of registration, and im-
plementation. The new sections imple-
ment certain terms of Senate Bill 595 and
House Bill 908 which were passed by the
Legislature, 1987. The new sections pro-
vide for the registration of commercial
motor vehicles by commercial carriers
who were previously not regulated by the
commission. The sections also provide
for commercial carriers to register proof
of liability insurance covering the carriers'
commercial motor vehicles, and set the
minimum amounts of insurance which co-
ver those vehicles.
Ronald D. Stutes, hearings examiner, has
determined that for each year of the first
five years the sections as proposed will
be in effect there will be fiscal implica-
tions as a result of enforcing and admin-
istering the sections. The effect on state
government for the first five-year period
the sections will be in effect is an es-
timated additional cost of $3.5 million for
1988, $3.961 million each year for 1989-
1992; and an estimated increase in reve-
nue of $3.225 million for 1988, and $4.5
million each year for 1989-1992. There will
be no fiscal implications for local govern-
ments or small businesses.
Mr.'Stutes also has determined that for
each year of the first five years the sec-
tions are in effect the public benefit anti-
cipated as a result of enforcing the
sections will be an improvement in the
safety of commercial transportation oper-
ations which were previously not subject
to commission regulation, and an in-
crease in protection to the public who are
involved in accidents with such vehicles
by ensuring compensation for damagessuffered. The anticipated economic cost
each year to persons required to comply
with the sections as proposed is $1.00 per
commercial motor vehicle per year in
registration fees, $5.00 per commercial
carrier per year in filing fees, and approx-
imately $100 per vehicle per year in in-
creased insurance costs for those com-
mercial carriers which do not already have
the minimum levels of coverage.
The new sections require all operators of
commercial motor vehicles to register
those vehicles annually with the commis-
sion. Those operators would also be re-
quired to file proof of insurance with the
commission in an amount determined by
the size of vehicles operated. Commercial
motor vehicles would be required to have
a cab card in the vehicle when operating
on the highways of the state. The registra-
tion would be revocable for violation of
the rules of the commission.
The initial implementation of the new sec-
tions would require all commercial car-
riers to register their vehicles and file
proof of the required level of insurance by
February 1, 1988. Filings would be ac-
cepted beginning September 1, 1987.
Public comment is invited and may be
submitted within 30 days to Ronald D.
Stutes, Hearings Examiner, P.O. Drawer
12967, Austin, Texas 78711-2967.
The new sections are proposed under
Senate Bill 595, 70th Legislature, 1987,
signed by the governor on June 16, 1987,
which provides the commission with the
authority to register commercial motor
vehicles; and House Bill 908, 70th Leg-
islature, 1987, signed by the governor on
June 16, 1987, which provides the com-
mission with the authority to prescribe
and register liability insurance for com-
mercial motor carriers of property.
5.501. Definitions.
(a) For the purposes of this sub-
chapter, commercial motor vehicle shall
mean any motor vehicle transporting proper-
ty for a business purpose.
(b) For the purposes of this sub-
chapter, commercial carrier shall mean any
person or entity which operates or causes the
operation of a commercial motor vehicle
upon the public highways of the State of
Texas.
(c) Notwithstanding the provisions of
subsections (a) and (b) of this section, thefollowing are not subject to the provisions
of this subchapter:
(1) a contract carrier as defined in
5.04(a)(4) of this title (relating to Defi-
nitions);
(2) a motor carrier as defined in
5.04(a)(8)(B) of this title (relating to De-
finitions);
(3) a motor carrier as defined in
5.331 of this title (relating to Definitions);
(4) a motor carrier as defined in
5.371 of this title (relating to Definitions);
and
(5) a carrier operating under an
agricultural permit pursuant to subchapter
X of this chapter (relating to Agricultural
Permits).
5.502. Applications for Registration of
Commercial Motor Vehicles.
(a) Registration required. A commer-
cial carrier shall not operate any commer-
cial vehicle upon the public streets and
highways of this state unless the commission
has approved an application for the registra-
tion of such vehicle as prescribed by this sub-
chapter. Each commercial carrier is respon-
sible for the registration of all commercial
motor vehicles used in its operations. A com-
mercial carrier shall report to the commis-
sion any change in its operations prior to
undertaking such changes by the filing of a
supplemental application. A commercial car-
rier shall not operate any commercial motor
vehicle without a valid cab card issued for
that vehicle pursuant to 5.504 of this title
(relating to Cab Cards).
(b) Form and execution of applica-
tion. The application for the registration of
such operation, and any supplemental ap-
plication to report any change in operation,
shall be in the form prescribed by the direc-
tor. The application shall identify the name
and principal business address of the com-
mercial carrier, each commercial motor vehi-
cle to be operated by or for the commercial
carrier, and the information required by
5.503(b) of this title (relating to Liability In-
surance for Commercial Carriers). The ap-
plication shall be duly executed by an official
of the commercial carrier.
(c) Filing of application. The applica-
tion for the registration of such vehicles shall
be filed with the Transportation Division,
P.O. Drawer 12967, Austin, Texas 78711-
2967.12 TexReg 2464 July 28, 1987
_ ~____
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Texas. Secretary of State. Texas Register, Volume 12, Number 57, Pages 2453-2487, July 28, 1987, periodical, July 28, 1987; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243901/m1/12/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.