2005 Texas Transportation Code CHAPTER 648. FOREIGN COMMERCIAL MOTOR TRANSPORTATION

TRANSPORTATION CODE

CHAPTER 648. FOREIGN COMMERCIAL MOTOR TRANSPORTATION

SUBCHAPTER A. GENERAL PROVISIONS


	§ 648.001. DEFINITIONS.  In this chapter:                                   
		(1)  "Border" means the border between this state and 
the United Mexican States.
		(2)  "Border commercial zone" means a commercial zone 
established under 49 C.F.R. Part 372, Subpart B, any portion of 
which is contiguous to the border in this state.
		(3)  "Commercial motor vehicle" includes a foreign 
commercial motor vehicle.
		(4)  "Foreign commercial motor vehicle" means a 
commercial motor vehicle, as defined by 49 C.F.R. Section 390.5, 
that is owned or controlled by a person or entity that is domiciled 
in or a citizen of a country other than the United States.
		(5)  "Motor carrier" includes a foreign motor carrier 
and a foreign motor private carrier, as defined in 49 U.S.C. 
Sections 13102(6) and (7).

Added by Acts 1999, 76th Leg., ch. 62, § 17.35(a), eff. Sept. 1, 
1999.   


	§ 648.002. RULES.  In addition to rules required by this 
chapter, the Texas Department of Transportation, the Department of 
Public Safety, and the Texas Department of Insurance may adopt 
other rules to carry out this chapter.

Added by Acts 1999, 76th Leg., ch. 62, § 17.35(a), eff. Sept. 1, 
1999.   


	§ 648.003. REFERENCE TO FEDERAL STATUTE OR REGULATION.  A 
reference in this chapter to a federal statute or regulation 
includes any subsequent amendment or redesignation of the statute 
or regulation.

Added by Acts 1999, 76th Leg., ch. 62, § 17.35(a), eff. Sept. 1, 
1999.   

SUBCHAPTER B. BORDER COMMERCIAL ZONE


	§ 648.051. BORDER COMMERCIAL ZONE EXCLUSIVE;  
BOUNDARIES.  (a) A law or agreement of less than statewide 
application that is adopted by an agency or political subdivision 
of this state and that regulates motor carriers or commercial motor 
vehicles or the operation of those carriers or vehicles in the 
transportation of cargo across the border or within an area 
adjacent to the border by foreign commercial motor vehicles has no 
effect unless the law or agreement applies uniformly to an entire 
border commercial zone and only in a border commercial zone.
	(b)  This subchapter supersedes that portion of any paired 
city, paired state, or similar understanding governing foreign 
commercial motor vehicles or motor carriers entered into under 
Section 502.054 or any other law.

Added by Acts 1999, 76th Leg., ch. 62, § 17.35(a), eff. Sept. 1, 
1999.   


	§ 648.052. MODIFICATION OF ZONE BOUNDARIES.  The 
boundaries of a border commercial zone may be modified or 
established only as provided by federal law.

Added by Acts 1999, 76th Leg., ch. 62, § 17.35(a), eff. Sept. 1, 
1999.   

SUBCHAPTER C. REGULATION OF OPERATION OF FOREIGN COMMERCIAL MOTOR 
VEHICLES


	§ 648.101. REGISTRATION EXEMPTION IN BORDER COMMERCIAL 
ZONE.  (a) A foreign commercial motor vehicle is exempt from 
Chapter 502 and any other law of this state requiring the vehicle to 
be registered in this state, including a law providing for a 
temporary registration permit, if:
		(1)  the vehicle is engaged solely in transportation of 
cargo across the border into or from a border commercial zone;
		(2)  for each load of cargo transported the vehicle 
remains in this state:  
			(A)  not more than 24 hours;  or                                             
			(B)  not more than 48 hours, if:                                             
				(i)  the vehicle is unable to leave this 
state within 24 hours because of circumstances beyond the control 
of the motor carrier operating the vehicle;  and
				(ii)  all financial responsibility 
requirements applying to the vehicle are satisfied;
		(3)  the vehicle is registered and licensed as required 
by the law of another state or country as evidenced by a valid metal 
license plate attached to the front or rear of the exterior of the 
vehicle;  and
		(4)  the country in which the person that owns or 
controls the vehicle is domiciled or is a citizen provides a 
reciprocal exemption for commercial motor vehicles owned or 
controlled by residents of this state.
	(b)  A foreign commercial motor vehicle operating under the 
exemption provided by this section and the vehicle's driver may be 
considered unregistered if the vehicle is operated in this state 
outside a border commercial zone or in violation of United States 
law.

Added by Acts 1999, 76th Leg., ch. 62, § 17.35(a), eff. Sept. 1, 
1999.   


	§ 648.102. FINANCIAL RESPONSIBILITY.  (a) The Texas 
Department of Transportation shall adopt rules that conform with 49 
C.F.R. Part 387 requiring motor carriers operating foreign 
commercial motor vehicles in this state to maintain financial 
responsibility.
	(b)  This chapter prevails over any other requirement of 
state law relating to financial responsibility for operation of 
foreign commercial motor vehicles in this state.

Added by Acts 1999, 76th Leg., ch. 62, § 17.35(a), eff. Sept. 1, 
1999.   


	§ 648.103. DOMESTIC TRANSPORTATION.  A foreign motor 
carrier or foreign motor private carrier may not transport persons 
or cargo in intrastate commerce in this state unless the carrier is 
authorized to conduct operations in interstate and foreign commerce 
domestically between points in the United States under federal law 
or international agreement.

Added by Acts 1999, 76th Leg., ch. 62, § 17.35(a), eff. Sept. 1, 
1999.