reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 643 - Motor Carrier Registration › Subchapter B. Registration › Section 643.063. Vehicles Operated Under Short-Term Lease and Substitute Vehicles

Sec. 643.063.  VEHICLES OPERATED UNDER SHORT-TERM LEASE AND SUBSTITUTE VEHICLES.  (a)  In this section:
(1)  "Leasing business" means a person that leases vehicles requiring registration.
(2)  "Short-term lease" means a lease of 30 days or less.
(b)  A vehicle requiring registration operated under a short-term lease is exempt from the registration requirements of Sections 643.052-643.059.  The department shall adopt rules providing for the operation of these vehicles under flexible procedures.  A vehicle requiring registration operated under a short-term lease is not required to carry a cab card or other proof of registration if a copy of the lease agreement is carried in the cab of the vehicle.
(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, Sec. 17.15(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 643 - Motor Carrier Registration › Subchapter B. Registration › Section 643.064. United States Department of Transportation Numbers

Sec. 643.064.  UNITED STATES DEPARTMENT OF TRANSPORTATION NUMBERS.  (a)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 703 (H.B. 3254), Sec. 17, eff. January 1, 2018.
(b)  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.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 643 - Motor Carrier Registration › Subchapter C. Insurance › Section 643.101. Amount Required

Sec. 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)  Except as provided by Section 643.1015, the department by rule may set the amount of liability insurance required at an amount that does not exceed the amount required for a motor carrier under a federal regulation adopted under 49 U.S.C. Section 13906(a)(1).  In setting the amount the department shall consider:
(1)  the class and size of the vehicle; and
(2)  the persons or cargo being transported.
(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)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 5.01(a)(2), eff. September 1, 2007.
(e)  Unless state law permits a commercial motor vehicle to be self-insured, any insurance required for a commercial motor vehicle must be obtained from:
(1)  an insurer authorized to do business in this state whose aggregate net risk, after reinsurance, under any one insurance policy is not in excess of 10 percent of the insurer's policyholders' surplus, and credit for such reinsurance is permitted by law; or
(2)  an insurer that meets the eligibility requirements of a surplus lines insurer pursuant to Chapter 981, Insurance Code.  Notwithstanding any other provision in law, an insurer in compliance with this subsection shall be deemed to be in compliance with any rating or financial criteria established for motor carriers by any political subdivision of the state.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1034, Sec. 8, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 144 (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.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 643 - Motor Carrier Registration › Subchapter C. Insurance › Section 643.1015. Amount Required for Certain School Buses

Sec. 643.1015.  AMOUNT REQUIRED FOR CERTAIN SCHOOL BUSES.  (a)  This section applies only to a school bus that:
(1)  is owned by a motor carrier required to be registered under Subchapter B;
(2)  is in compliance with the requirements of Chapter 548; and
(3)  is operated exclusively within the boundaries of a municipality by a person who:
(A)  holds a driver's license or commercial driver's license of the appropriate class required for the operation of the school bus; and
(B)  meets the requirements of Section 521.022.
(b)  The owner of a school bus shall maintain liability insurance in the amount of at least $500,000 combined single limit.
(c)  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.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 643 - Motor Carrier Registration › Subchapter C. Insurance › Section 643.102. Self-Insurance

Sec. 643.102.  SELF-INSURANCE.  A motor carrier may comply with Section 643.101 through self-insurance if the carrier demonstrates to the department that it can satisfy its obligations for liability for bodily injury or property damage.  In the interest of public safety, the department by rule shall provide for a responsible system of self-insurance for a motor carrier.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 643 - Motor Carrier Registration › Subchapter C. Insurance › Section 643.103. Filing; Evidence of Insurance; Fees

Sec. 643.103.  FILING;  EVIDENCE OF INSURANCE;  FEES.  (a)  A motor carrier that is required to register under Subchapter B must file with the department evidence of insurance in the amounts required by Section 643.101 or 643.1015, or evidence of financial responsibility as described by Section 643.102, in a form prescribed by the department.  The form must be filed:
(1)  at the time of the initial registration;
(2)  at the time of a subsequent registration if the motor carrier was required to be continuously registered under Subchapter B and the carrier failed to maintain continuous registration;
(3)  at the time a motor carrier changes insurers; and
(4)  at the time a motor carrier changes ownership, as determined by rules adopted by the department.
(b)  A motor carrier shall keep evidence of insurance in a form approved by the department in the cab of each vehicle requiring registration the carrier operates.
(c)  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.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 643 - Motor Carrier Registration › Subchapter C. Insurance › Section 643.104. Termination of Insurance Coverage

Sec. 643.104.  TERMINATION OF INSURANCE COVERAGE.  (a)  An insurer may not terminate coverage provided to a motor carrier registered under Subchapter B unless the insurer provides the department with notice at least 30 days before the date the termination takes effect.
(b)  Notice under Subsection (a) must be in a form approved by the department and the Texas Department of Insurance.  The department shall notify the Department of Public Safety and other law enforcement agencies of each motor carrier whose certificate of registration has been revoked for failing to maintain liability insurance coverage.
(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, Sec. 30.150(a), eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 163, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 643 - Motor Carrier Registration › Subchapter C. Insurance › Section 643.105. Insolvency of Insurer

Sec. 643.105.  INSOLVENCY OF INSURER.  If an insurer for a motor carrier becomes insolvent, is placed in receivership, or has its certificate of authority suspended or revoked and if the carrier no longer has insurance coverage as required by this subchapter, the carrier shall file with the department, not later than the 10th day after the date the coverage lapses:
(1)  evidence of insurance as required by Section 643.103; and
(2)  an affidavit that:
(A)  indicates that a collision 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 a collision 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 95, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 643 - Motor Carrier Registration › Subchapter C. Insurance › Section 643.106. Insurance for Employees

Sec. 643.106.  INSURANCE FOR EMPLOYEES.  (a)  Notwithstanding any provision of any law or regulation, a motor carrier that is required to register under Subchapter B  and whose primary business is transportation for compensation or hire between two or more municipalities shall protect its employees by obtaining:
(1)  workers' compensation insurance coverage as defined under Subtitle A, Title 5, Labor Code;   or
(2)  accidental insurance coverage approved by the department from:
(A)  a reliable insurance company authorized to write accidental insurance policies in this state;  or
(B)  a surplus lines insurer under Chapter 981, Insurance Code.
(b)  The department shall determine the amount of insurance coverage under Subsection (a)(2).  The amount may not be less than:
(1)  $300,000 for medical expenses for at least 104 weeks;
(2)  $100,000 for accidental death and dismemberment;
(3)  70 percent of an employee's pre-injury income for at least 104 weeks when compensating for loss of income;  and
(4)  $500 for the maximum weekly benefit.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 17.17(a), eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 886, Sec. 1, eff. Aug. 30, 1999;  Acts 2003, 78th Leg., ch. 1276, Sec. 10A.554, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 643 - Motor Carrier Registration › Subchapter D. Economic Regulation › Section 643.151. Prohibition

Sec. 643.151.  PROHIBITION.  Except as provided by this subchapter, the department may not regulate the prices, routes, or services provided by a motor carrier.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 643 - Motor Carrier Registration › Subchapter D. Economic Regulation › Section 643.152. Voluntary Standards

Sec. 643.152.  VOLUNTARY STANDARDS.  The department may establish voluntary standards for uniform cargo liability, uniform bills of lading or receipts for cargo being transported, and uniform cargo credit.  A standard adopted under this section must be consistent with Subtitle IV, Title 49, United States Code, or a regulation adopted under that law.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 643 - Motor Carrier Registration › Subchapter D. Economic Regulation › Section 643.153. Motor Carrier Transporting Household Goods

Sec. 643.153.  MOTOR CARRIER TRANSPORTING HOUSEHOLD GOODS.  (a)  The department shall adopt rules to protect a consumer using the service of a motor carrier who is transporting household goods for compensation.
(b)  The department may adopt rules necessary to ensure that a customer of a motor carrier transporting household goods is protected from deceptive or unfair practices and unreasonably hazardous activities.  The rules must:
(1)  establish a formal process for resolving a dispute over a fee or damage;
(2)  require a motor carrier to indicate clearly to a customer whether an estimate is binding or nonbinding and disclose the maximum price a customer could be required to pay;
(3)  create a centralized process for making complaints about a motor carrier that also allows a customer to inquire about a carrier's complaint record; and
(4)  require a motor carrier transporting household goods to list a place of business with a street address in this state and the carrier's registration number issued under this article in any print advertising published in this state.
(c)  Repealed by Acts 2005, 79th Leg., Ch. 281, Sec. 6.06, eff. June 14, 2005.
(d)  A motor carrier that is required to register under Subchapter B and that transports household goods shall file a tariff with the department that establishes maximum charges for all transportation services.  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.  The department shall make tariffs filed under this subsection available for public inspection.
(e)  The department may not adopt rules regulating the rates, except as provided by this section, or routes of a motor carrier transporting household goods.
(f)  The unauthorized practice of the insurance business under Chapter 101, Insurance Code, does not include the offer of insurance by a household goods motor carrier, or its agent, that transports goods for up to the full value of a customer's property transported or stored, if the offer is authorized by a rule adopted under Subsection (b).
(g)  A motor carrier may designate an association or an agent of an association as its collective maximum ratemaking association for the purpose of the filing of a tariff under Subsection (d).
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 17.19(a), eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 603, Sec. 5, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1276, Sec. 10A.555, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (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.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 643 - Motor Carrier Registration › Subchapter D. Economic Regulation › Section 643.154. Antitrust Exemption

Sec. 643.154.  ANTITRUST EXEMPTION.  (a)  Chapter 15, Business & Commerce Code, does not apply to a discussion or agreement between a motor carrier that is required to register under Subchapter B  and that transports household goods and an agent of the carrier involving:
(1)  the following matters if they occur under the authority of the principal carrier:
(A)  a rate for the transportation of household goods;
(B)  an access, terminal, storage, or other charge incidental to the transportation of household goods;  or
(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, Sec. 30.150(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 643 - Motor Carrier Registration › Subchapter D. Economic Regulation › Section 643.155. Rules Advisory Committee

Sec. 643.155.  RULES ADVISORY COMMITTEE.  (a)  The department shall appoint a rules advisory committee consisting of representatives of motor carriers transporting household goods using small, medium, and large equipment, the public, and the department.
(b)  Members of the committee serve at the pleasure of the department and are not entitled to compensation or reimbursement of expenses for serving on the committee.  The department may adopt rules to govern the operations of the advisory committee.
(c)  The committee shall  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.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 643 - Motor Carrier Registration › Subchapter D. Economic Regulation › Section 643.156. Regulation of Advertising

Sec. 643.156.  REGULATION OF ADVERTISING.  (a)  The department may not by rule restrict competitive bidding or advertising by a motor carrier except to prohibit false, misleading, or deceptive practices.
(b)  A rule to prohibit false, misleading, or deceptive practices may not:
(1)  restrict the use of:
(A)  any medium for an advertisement;
(B)  a motor carrier's advertisement under a trade name;  or
(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, Sec. 17.20(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 643 - Motor Carrier Registration › Subchapter F. Enforcement › Section 643.251. Administrative Penalty

Sec. 643.251.  ADMINISTRATIVE PENALTY.  (a)  The department may impose an administrative penalty against a motor carrier required to register under Subchapter B that violates this chapter or a rule or order adopted under this chapter.
(b)  Except as provided by this section, the amount of an administrative penalty may not exceed $5,000. If it is found that the motor carrier knowingly committed the violation, the penalty may not exceed $15,000. If it is found that the motor carrier knowingly committed multiple violations, the aggregate penalty for the multiple violations may not exceed $30,000. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(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)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(e)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(f)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(g)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(h)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(i)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(j)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(k)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(l)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(m)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(n)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(o)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(p)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(q)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
(r)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(1), eff. September 1, 2007.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1396 (H.B. 2093), Sec. 18, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1396 (H.B. 2093), Sec. 26(1), eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 643 - Motor Carrier Registration › Subchapter F. Enforcement › Section 643.252. Administrative Sanctions

Sec. 643.252.  ADMINISTRATIVE SANCTIONS.  (a)  The department may suspend, revoke, or deny a registration issued under this chapter or place on probation a motor carrier whose registration is suspended if a motor carrier:
(1)  fails to maintain insurance or evidence of financial responsibility as required by Section 643.101(a), (b), or (c);
(2)  fails to keep evidence of insurance in the cab of each vehicle as required by Section 643.103(b);
(3)  fails to register a vehicle requiring registration;
(4)  violates any other provision of this chapter or Chapter 621, 622, or 623;
(5)  knowingly provides false information on any form filed with the department under this chapter or Chapter 621, 622, or 623;
(6)  violates a rule or order adopted under this chapter or Chapter 621, 622, or 623; or
(7)  is owned, operated, managed, or otherwise controlled by or affiliated with a person, including a family member, corporate officer, entity, or shareholder:
(A)  whose registration has previously been revoked or denied; or
(B)  that has unpaid administrative penalties assessed under this chapter or Subtitle E.
(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)  The department shall revoke or deny a registration 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)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(2), eff. September 1, 2007.
(e)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 26(2), eff. September 1, 2007.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 17.21(a), eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1034, Sec. 11, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (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.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 643 - Motor Carrier Registration › Subchapter F. Enforcement › Section 643.2526. Appeal of Denial of Registration, Renewal, or Reregistration

Sec. 643.2526.  APPEAL OF DENIAL OF REGISTRATION, RENEWAL, OR REREGISTRATION.  (a)  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)  An applicant may appeal a denial under this chapter by filing an appeal with the department not later than the 26th day after the date the department issues notice of the denial to the applicant.
(c)  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.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 643 - Motor Carrier Registration › Subchapter F. Enforcement › Section 643.253. Offenses and Penalties

Sec. 643.253.  OFFENSES AND PENALTIES.  (a)  A person commits an offense if the person fails to:
(1)  register as required by Subchapter B;
(2)  maintain insurance or evidence of financial responsibility as required by Subchapter C; or
(3)  keep a cab card in the cab of a vehicle as required by Section 643.059.
(b)  A person commits an offense if the person engages in or solicits the transportation of household goods for compensation and is not registered as required by Subchapter B.
(c)  Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.
(d)  Expired.
(e)  An offense under Subsection (b) is a Class C misdemeanor, except that the offense is:
(1)  a Class B misdemeanor if the person has previously been convicted one time of an offense under Subsection (b); and
(2)  a Class A misdemeanor if the person has previously been convicted two or more times of an offense under Subsection (b).
(f)  A peace officer may issue a citation for a violation under this section.
(g)  As soon as practicable after the date a person is convicted of an offense under Subsection (b), the convicting court shall notify the Department of Public Safety of the conviction.  The notice must be in a form prescribed by the Department of Public Safety and must contain the person's driver's license number.
(h)  A conviction under Subsection (b) shall be recorded in the person's driving record maintained by the Department of Public Safety.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 17.22(a), eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1034, Sec. 12, 13, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (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.
Acts 2019, 86th Leg., R.S., Ch. 769 (H.B. 1505), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 643 - Motor Carrier Registration › Subchapter F. Enforcement › Section 643.254. Inspection of Documents

Sec. 643.254.  INSPECTION OF DOCUMENTS.  (a)  To investigate an alleged violation of this chapter or a rule or order adopted under this chapter, an officer or employee of the department who has been certified for the purpose by the director may enter a motor carrier's premises to inspect, copy, or verify the correctness of a document, including an operation log or insurance certificate.
(b)  The officer or employee may conduct the inspection:
(1)  at a reasonable time;
(2)  after stating the purpose of the inspection;  and
(3)  by presenting to the motor carrier:
(A)  appropriate credentials;  and
(B)  a written statement from the department to the motor carrier indicating the officer's or employee's authority to inspect.
(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, Sec. 30.150(a), eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 603, Sec. 6, eff. Aug. 30, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1396 (H.B. 2093), Sec. 22, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 643 - Motor Carrier Registration › Subchapter F. Enforcement › Section 643.255. Injunctive Relief

Sec. 643.255.  INJUNCTIVE RELIEF.  (a)  The attorney general, at the request of the department, may petition a district court for appropriate injunctive relief to prevent or abate a violation of this chapter or a rule or order adopted under this chapter.
(b)  Venue in a suit for injunctive relief under this section is in Travis County.
(c)  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)  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.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 643 - Motor Carrier Registration › Subchapter F. Enforcement › Section 643.256. Cease and Desist Order

Sec. 643.256.  CEASE AND DESIST ORDER.  The department may issue a cease and desist order if the department determines that the action is necessary to:
(1)  prevent a violation of this chapter; and
(2)  protect the public health and safety.
Added by Acts 2009, 81st Leg., R.S., Ch. 919 (H.B. 2985), Sec. 6, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 643 - Motor Carrier Registration › Subchapter F. Enforcement › Section 643.257. Refund by Motor Carriers Transporting Household Goods

Sec. 643.257.  REFUND BY MOTOR CARRIERS TRANSPORTING HOUSEHOLD GOODS.  The department may order a motor carrier that violates this chapter or a rule or order adopted under this chapter to pay a refund to a consumer who paid the motor carrier to transport household goods.
Added by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 2.14, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 644 - Commercial Motor Vehicle Safety Standards › Subchapter A. General Provisions › Section 644.001. Definitions

Sec. 644.001.  DEFINITIONS.  In this chapter:
(1)  "Commercial motor vehicle" means:
(A)  a commercial motor vehicle as defined by 49 C.F.R. Section 390.5, if operated interstate;  or
(B)  a commercial motor vehicle as defined by Section 548.001, if operated intrastate.
(2)  "Department" means the Department of Public Safety.
(3)  "Director" means the public safety director.
(4)  "Federal hazardous material regulation" means a federal regulation in 49 C.F.R. Parts 101-199.
(5)  "Federal motor carrier safety regulation" means a federal regulation in Subtitle A, Title 49, or Subchapter B, Chapter III, Subtitle B, Title 49, Code of Federal Regulations.
(6)  "Federal safety regulation" means a federal hazardous material regulation or a federal motor carrier safety regulation.
(7)  "Port of entry" has the meaning assigned by Section 621.001.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 17.24(a), 17.25(a), eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 359, Sec. 3, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 16.02, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 313 (S.B. 619), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 644 - Commercial Motor Vehicle Safety Standards › Subchapter A. General Provisions › Section 644.002. Conflicts of Law

Sec. 644.002.  CONFLICTS OF LAW.  (a)  A federal motor carrier safety regulation prevails over a conflicting provision of this title applicable to a commercial vehicle operated in interstate commerce.  A rule adopted by the director under this chapter prevails over a conflicting provision of a federal motor carrier safety regulation applicable to a commercial vehicle operated in intrastate commerce.
(b)  A safety rule adopted under this chapter prevails over a conflicting rule adopted by a local government, authority, or state agency or officer, other than a conflicting rule adopted by the Railroad Commission of Texas under Chapter 113, Natural Resources Code.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 872 (S.B. 1074), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 644 - Commercial Motor Vehicle Safety Standards › Subchapter A. General Provisions › Section 644.003. Rules

Sec. 644.003.  RULES.  The department may adopt rules to administer this chapter.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 644 - Commercial Motor Vehicle Safety Standards › Subchapter A. General Provisions › Section 644.004. Applicability to Foreign Commercial Motor Vehicles

Sec. 644.004.  APPLICABILITY TO FOREIGN COMMERCIAL MOTOR VEHICLES.  Except as otherwise provided by law, this chapter also applies to a foreign commercial motor vehicle, as defined by Section 648.001.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 17.26(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 644 - Commercial Motor Vehicle Safety Standards › Subchapter A. General Provisions › Section 644.005. Department Database

Sec. 644.005.  DEPARTMENT DATABASE.  The department shall develop and maintain a database on roadside vehicle inspection reports for defects on any intermodal equipment.  The database shall include all citations involving intermodal equipment issued by officers certified under Section 644.101.  The database shall be used to identify violations discovered on intermodal equipment during a roadside inspection.
Added by Acts 2001, 77th Leg., ch. 1227, Sec. 10, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 644 - Commercial Motor Vehicle Safety Standards › Subchapter B. Adoption of Rules › Section 644.051. Authority to Adopt Rules

Sec. 644.051.  AUTHORITY TO ADOPT RULES.  (a)  The director shall, after notice and a public hearing, adopt rules regulating:
(1)  the safe transportation of hazardous materials;  and
(2)  the safe operation of commercial motor vehicles.
(b)  A rule adopted under this chapter must be consistent with federal regulations, including federal safety regulations.
(c)  The director may adopt all or part of the federal safety regulations by reference.
(d)  Rules adopted under this chapter must ensure that:
(1)  a commercial motor vehicle is safely maintained, equipped, loaded, and operated;
(2)  the responsibilities imposed on a commercial motor vehicle's operator do not impair the operator's ability to operate the vehicle safely;  and
(3)  the physical condition of a commercial motor vehicle's operator enables the operator to operate the vehicle safely.
(e)  A motor carrier safety rule adopted by a local government, authority, or state agency or officer must be consistent with corresponding federal regulations.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 644 - Commercial Motor Vehicle Safety Standards › Subchapter B. Adoption of Rules › Section 644.052. Applicability of Rules

Sec. 644.052.  APPLICABILITY OF RULES.  (a)  Notwithstanding an exemption provided in the federal safety regulations, other than an exemption relating to intracity or commercial zone operations provided in 49 C.F.R. Part 395, a rule adopted by the director under this chapter applies uniformly throughout this state.
(b)  A rule adopted under this chapter applies to a vehicle that requires a hazardous material placard.
(c)  A rule adopted under this chapter may not apply to a vehicle that is operated intrastate and that is:
(1)  a machine generally consisting of a mast, engine, draw works, and chassis permanently constructed or assembled to be used and used in oil or water well servicing or drilling;
(2)  a mobile crane that is an unladen, self-propelled vehicle constructed as a machine to raise, shift, or lower weight; or
(3)  a vehicle transporting seed cotton.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 247 (H.B. 749), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 644 - Commercial Motor Vehicle Safety Standards › Subchapter B. Adoption of Rules › Section 644.054. Regulation of Contract Carriers of Certain Passengers

Sec. 644.054.  REGULATION OF CONTRACT CARRIERS OF CERTAIN PASSENGERS.  (a)  This section applies only to a contract carrier that transports an operating employee of a railroad on a road or highway of this state in a vehicle designed to carry 15 or fewer passengers.
(b)  The department shall adopt rules regulating the operation of a contract carrier to which this section applies.  The rules must:
(1)  prohibit a person from operating a vehicle for more than 12 hours in a day;
(2)  require a person who operates a vehicle for the number of consecutive hours or days the department determines is excessive to rest for a period determined by the department;
(3)  require a contract carrier to keep a record of all hours a vehicle subject to regulation under this section is operated;
(4)  require a contract carrier to perform alcohol and drug testing of vehicle operators on employment, on suspicion of alcohol or drug abuse, and periodically as determined by the department;
(5)  require a contract carrier, at a minimum, to maintain liability insurance in the amount of $1.5 million for each vehicle; and
(6)  be determined by the department to be necessary to protect the safety of a passenger being transported or the general public.
(c)  The department shall inform contract carriers and railroad companies that employ contract carriers of the requirements of state statutes applicable to contract carriers.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 17.28(a), eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 126 (S.B. 481), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 644 - Commercial Motor Vehicle Safety Standards › Subchapter C. Administrative Enforcement › Section 644.103. Detention of Vehicles

Sec. 644.103.  DETENTION OF VEHICLES.  (a)  An officer of the department may stop, enter, or detain on a highway or at a port of entry a motor vehicle that is subject to this chapter.
(b)  A municipal police officer who is certified under Section 644.101 may stop, enter, or detain on a highway or at a port of entry within the territory of the municipality a motor vehicle that is subject to this chapter.  A sheriff or deputy sheriff who is certified under Section 644.101 may stop, enter, or detain on a highway or at a port of entry within the territory of the county a motor vehicle that is subject to this chapter.
(c)  A person who detains a vehicle under this section may prohibit the further operation of the vehicle on a highway if the vehicle or operator of the vehicle is in violation of a federal safety regulation or a rule adopted under this chapter.
(d)  A noncommissioned employee of the department who is certified for the purpose by the director and who is supervised by an officer of the department may, at a commercial motor vehicle inspection site, stop, enter, or detain a motor vehicle that is subject to this chapter.  If the employee's inspection shows that an enforcement action, such as the issuance of a citation, is warranted for a violation of this title or a rule adopted under this title, including a federal safety regulation adopted under this chapter, the noncommissioned employee may take enforcement action only if the employee is under the supervision of an officer of the department.
(e)  The department's training and other requirements for certification of a noncommissioned employee of the department under this section must be the same as the training and requirements, other than the training and requirements for becoming and remaining a peace officer, for officers who enforce this chapter.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 17.31(a), eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1189, Sec. 40, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1227, Sec. 13, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 359, Sec. 4, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 16.03, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 313 (S.B. 619), Sec. 5, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 12 (S.B. 330), Sec. 2, eff. April 23, 2007.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle F - Commercial Motor Vehicles › Chapter 644 - Commercial Motor Vehicle Safety Standards › Subchapter C. Administrative Enforcement › Section 644.104. Inspection of Premises

Sec. 644.104.  INSPECTION OF PREMISES.  (a)  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:
(1)  inspect real property, including a building, or equipment;  or
(2)  copy or verify the correctness of documents, including records or reports, required to be kept or made by rules adopted under this chapter.
(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)  The department may use an officer to conduct an inspection under this section if the inspection involves a situation that the department determines to reasonably require the use or presence of an officer to accomplish the inspection.
(d)  The department's training and other requirements for certification of a noncommissioned employee of the department under this section must be the same as the training and requirements, other than the training and requirements for becoming and remaining a peace officer, for officers who enforce this chapter.
(e)  A municipal police officer who is certified under Section 644.101 may enter a motor carrier's premises to inspect equipment on a per unit basis or in a manner agreeable between the motor carrier and the enforcement entity:
(1)  at a reasonable time;
(2)  after stating the purpose of the inspection;  and
(3)  by presenting to the motor carrier appropriate credentials.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1189, Sec. 41, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 642, Sec. 1, eff. June 13, 2001.