Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter E - CONSUMER PROTECTION › Section 218.64 - Rates

Current through Reg. 49, No. 28; July 12, 2024
(a) Ratemaking. A household goods carrier
				  and/or its household goods agent shall set maximum rates and charges for
				  services in its applicable tariff. The household goods carrier and/or its
				  household goods agent shall disclose the maximum rates and charges to
				  prospective shippers before transporting a shipment between two incorporated
				  cities.
(b) Prohibited charges and
				  allowances. A household goods carrier and/or its household goods agent shall
				  not charge more than the maximum charges published in its tariff on file with
				  the department for services associated with transportation between two
				  incorporated cities.
(c) Collective
				  ratemaking agreements.
(1) Eligibility. In
				  accordance with Transportation Code, §
											643.154, a
				  household goods carrier and/or its household goods agent may enter into
				  collective ratemaking agreements between one or more other household goods
				  carriers or household goods agents concerning the establishment and filing of
				  maximum rates and charges, classifications, rules, or procedures.
(2) Designation of collective ratemaking
				  associations. An approved association may be designated by a member household
				  goods carrier as its collective ratemaking association for the purpose of
				  filing a tariff containing maximum rates and charges required by §
											218.65 of this title (relating to
				  Tariff Registration).
(3)
				  Submission. In accordance with Transportation Code, §
											643.154, a
				  collective ratemaking agreement shall be filed with the department for
				  approval. The agreement shall include the following information:
(A) full and correct name, business address
				  (street and number, city, state and zip code), and phone number of the
				  association;
(B) whether the
				  association is a corporation or partnership; and
(i) if a corporation, the government, state,
				  or territory under the laws of which the applicant was organized and received
				  its present charter; and
(ii) if an
				  association or a partnership, the names of the officers or partners and date of
				  formation;
(C) full and
				  correct name and business address (city and state) of each household goods
				  carrier on whose behalf the agreement is filed and whether it is an
				  association, a corporation, an individual, or a partnership;
(D) the name, title, and mailing address of
				  counsel, officer, or other person to whom correspondence in regard to the
				  agreement should be addressed; and
(E) a copy of the constitution, bylaws, or
				  other documents or writings, specifying the organization's powers, duties, and
				  procedures.
(4)
				  Signature. The collective ratemaking agreement shall be signed by all parties
				  subject to the agreement or the association's executive officer.
(5) Incomplete agreement. If the department
				  receives an agreement which does not comply with this subsection, the
				  department will send a letter to the individual submitting the agreement. The
				  letter shall identify the information that is missing and advise the
				  association that the agreement will not be processed until the information is
				  received.
(6) Approval. In
				  accordance with Transportation Code, §
											643.154, the
				  director or designee will approve a collective ratemaking agreement if the
				  agreement provides that:
(A) all meetings are
				  open to the public; and
(B) notice
				  of meetings shall be sent to shippers who are multiple users of household good
				  carriers.
(7)
				  Noncompliance. If the director or the director's designee determines that an
				  agreement does not comply with paragraph (6) of this subsection, the matter
				  will be governed by Chapter 224 of this title (relating to Adjudicative
				  Practice and Procedure) and Transportation Code, Chapter 643.
(8) New parties to an agreement. An updated
				  agreement shall be filed with the department as new parties are
				  added.
(9) Amendments to approved
				  agreements. Amendments to approved agreements (other than as to new parties)
				  may become effective only after approval of the department.