Texas bills with eye on trucking rules now law, others advance to governor

| 6/13/2007

Texas Gov. Rick Perry has signed a couple of bills into law that are of interest. Two other bills await a decision by the governor.

One new law is intended to curb unsafe trucking operations in the state. Existing state law doesn’t prohibit intrastate travel for motor carriers that have been deemed unfit or unsafe for interstate travel by the Federal Motor Carrier Safety Administration.

The new law, previously SB332, prohibits motor carriers from operating intrastate if the FMCSA has prohibited them from operating in interstate commerce because of safety concerns. It takes effect Sept. 1.

Sponsored by Sen. John Carona, R-Dallas, the bill also prohibits an employer from knowingly permitting a person to drive such a vehicle if the employer is subject to an out-of-service order affecting a driver or vehicle.

Violators to the rules will face up to $2,000 fines and/or 180 days in jail.

Another bill authored by Carona now is law. It brings state law in line with federal rules for saddlemounts. The rule was part of the 2005 federal Highway Bill. The bill – SB331 –changes the maximum length for saddlemount vehicle transporter combinations in the state from 75 feet to 97 feet.

Two more bills penned by Carona deal with cargo securement.

One bill – SB387 – would add refuse and aggregates to the list of material that must be covered to prevent from blowing or spilling from trucks. State law now includes sand, gravel, dirt and wood chips under the items that must be covered.

The bill also would delete a provision in state law that exempts vehicles operated at speeds below 30 mph from the mandatory coverage requirement.

“That 30 mph exemption really doesn’t serve much purpose when, in fact, loose items continue to fly out of the truck,” Carona told lawmakers during a hearing on the bill.

Senate and House lawmakers have approved the bill. It is on the governor’s desk.

A bill that failed to make it out of the House prior to the end of the session was in response to complaints received by the Texas Department of Public Safety. It was intended to remove a loophole to enforcement of cargo securement rules. The Senate previously approved it by unanimous consent.

Under existing state law, it isn’t a violation to transport cargo that is not secure. A violation occurs only once a load has blown, spilled or fallen from a vehicle.

The bill – SB327 – would have allowed haulers to be penalized for failure to properly secure cargo before an incident occurs. Violators would have faced $200 fines.

Still another bill that has been sent to Perry’s desk relates to cattle guards on county roads.

Texas law now only permits counties with populations of less than 60,000 to construction of cattle guards on county roads. Sponsored by Sen. Judith Zaffirini, D-Laredo, the bill – SB66 – would remove the population limit.

– By Keith Goble, state legislative editor