2005 Texas Transportation Code CHAPTER 646. MOTOR TRANSPORTATION BROKERS

TRANSPORTATION CODE

CHAPTER 646. MOTOR TRANSPORTATION BROKERS


	§ 646.001. DEFINITION.  In this chapter, "motor 
transportation broker" means a person who:
		(1)  sells, offers for sale, provides, or negotiates 
for the transportation of cargo by a motor carrier operated by 
another person;  or
		(2)  aids or abets a person in performing an act 
described by Subdivision (1).

Added by Acts 1997, 75th Leg., ch. 165, § 30.153(a), eff. Sept. 
1, 1997. 


	§ 646.002. EXCEPTION.  This chapter does not apply to a 
motor transportation broker who:
		(1)  is registered as a motor carrier under Chapter 
643;  or                
		(2)  holds a permit issued under Subtitle IV, Title 49, 
United States Code. 

Added by Acts 1997, 75th Leg., ch. 165, § 30.153(a), eff. Sept. 
1, 1997. 


	§ 646.003. BOND REQUIRED.  (a) A person may not act as a 
motor transportation broker unless the person provides a bond to 
the Texas Department of Transportation.
	(b)  The bond must be in an amount of at least $10,000 and 
must be:          
		(1)  executed by a bonding company authorized to do 
business in this state; 
		(2)  payable to this state or a person to whom the motor 
transportation broker provides services;  and
		(3)  conditioned on the performance of the contract for 
transportation services between the broker and the person for whom 
services are provided.
	(c)  The department may charge the broker a bond review fee 
in an amount not to exceed the cost of reviewing the bond.
	(d)  The department may adopt rules regarding the method of 
payment of a fee under this chapter.  The rules may:
		(1)  authorize the use of electronic funds transfer or 
a credit card issued by a financial institution chartered by a state 
or the United States or by a nationally recognized credit 
organization approved by the department;  and
		(2)  require the payment of a discount or service 
charge for a credit card payment in addition to the fee.

Added by Acts 1997, 75th Leg., ch. 165, § 30.153(a), eff. Sept. 
1, 1997. 


	§ 646.004. CRIMINAL OFFENSE.  (a) A person commits an 
offense if the person fails to provide the bond required by Section 
646.003.
	(b)  An offense under this section is a Class C misdemeanor.                   

Added by Acts 1997, 75th Leg., ch. 165, § 30.153(a), eff. Sept. 
1, 1997.