HBA-MPA S.B. 1019 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1019 By: Shapleigh Transportation 4/15/1999 Engrossed BACKGROUND AND PURPOSE Currently, the Department of Public Safety conducts compliance reviews under Section 644.155 (Safety Audit Program), Transportation Code, some of which result in assessment of administrative penalties on motor carriers. There are a growing number of carriers who refuse to pay the administrative penalties even though they acknowledge the presence of violations, and some carriers continue to operate without fully correcting safety problems. S.B. 1019 sets forth guidelines for impounding commercial vehicles and payment of administrative penalties. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority previously delegated to the Department of Public Safety is modified in SECTION 1 (Section 644.102, Transportation Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1 Amends Section 644.102, Transportation Code, to require, rather than authorize, the Department of Public Safety (DPS) to establish by rule uniform standards for municipal enforcement under this chapter. Provides that a municipality that engages in enforcement must comply with the uniform standards established by DPS. Requires DPS to revoke or rescind the certification of any municipal police officer who fails to comply with the uniform standards established. SECTION 2. Amends Section 644.153, Transportation Code, by adding Subsections (d) through (h), as follows: (d) Provides that a person subject to an administrative penalty imposed by DPS under this subchapter is required to pay the administrative penalties or respond to DPS within 20 days of receiving a notice of claim. (e) Prohibits a person who fails to pay or becomes delinquent in payment of penalties imposed by DPS from operating or directing the operation of a commercial motor vehicle on the highways of this state until the penalties have been remitted. (f) Requires DPS to impound any commercial motor vehicle owned or operated by a person in violation of Subsection (e) after DPS has served the person with notice. Authorizes the notice to be by certified mail, registered mail, personal delivery, or any other method showing receipt of notice. (g) Requires a commercial motor vehicle impounded under this section to remain impounded until the penalties are remitted. (h) Requires the costs of towing and storage to be the responsibility of the person and not DPS or the State of Texas. SECTION 3. Amends Section 644.155, Transportation Code, to require DPS to implement and enforce a safety audit program similar to the federal program established under 49 C.F.R. Part 385 (Safety Fitness Procedures) for any, rather than a, person who owns or operates a commercial motor vehicle that is domiciled in this state, rather than a vehicle not subject to safety audits by the United States. SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause.