Texas Register, Volume 20, Number 51, Pages 4883-4959, July 4, 1995 Page: 4,912
4883-4959 p. ; 28 cm.View a full description of this periodical.
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Subchapter E. Annual and
Other Reports
* 16 TAC 5.81-5.83, 5.85
The Railroad Commission of Texas adopts
the repeal of 5.81-5.83 and 5. 85, concern-
ing annual report required, form of annual
reports, additional reports, and sale and
transfer, lease, and annual report, without
changes to the proposed text as published in
the February 7, 1995, issue of the Texas
Register (20 TexReg 815).
The commission repeals these sections to
eliminate rules that are unnecessary or that
have been preempted by the enactment of
Title VI of the Federal Aviation Administration
Authorization Act of 1994 (Public Law
103-305), effective January 1, 1995, and to
reorganize the commission's rules into con-
cise subchapters for each category of the
rules.
No comments were received regarding adop-
tion of the repeals.
The repeals are adopted pursuant to the
Texas Motor Carrier Act, Texas Civil Stat-
utes, Article 911b and the Texas Motor Bus
Act, Texas Civil Statutes, Article 911a, which
authorize the commission to prescribe rules
and regulations for the operations of motor
carriers of property and passengers.
This agency hereby certifies that the rule as
adopted has been reviewed by legal counsel
and found to be a valid exercise of the agen-
cy's legal authority.
Issued in Austin, Texas, on June 27, 1995.
TRD-9507873 Mary Ross McDonald
Assistant Director, Legal
Division-Gas Utllitleas/LP
Gas
Railroad Commission of
Texas
Effective date: July 18, 1995
Proposal publication date: February 7, 1995
For further information, please call: (512)
463-7008
Subchapter F. Bills of Lading
and Waybills
* 16 TAC 5.91-5.104
The Railroad Commission of Texas adopts
the repeal of 5.91-5.104, concerning bills of
lading to be issued, contents of bills of lading,
issuance of waybills, contents of waybills,
waybill to accompany shipment, carriers of
newspapers, limited common carriers:
waybill-bill of lading, carriers of motion picture
films, common carriers providing courier ser-
vice, through billing by regular route common
carriers, motor carriers providing service in
armored cars and trucks, operations as a
parcel carrier, contract carriers providing
pickup and delivery service, and contract car-
riers providing dedicated service, without
changes to the proposed text as published in
the February 7, 1995, issue of the Texas
Register (20 TexReg 816).The commission repeals these sections to
eliminate rules that are unnecessary or that
have been preempted by the enactment of
Title VI of the Federal Aviation Administration
Authorization Act of 1994 (Public Law
103-305), effective January 1, 1995, and to
reorganize the commission's rules into con-
cise subchapters for each category of the
rules.
No comments were received regarding adop-
tion of the repeals.
The repeals are adopted pursuant to the
Texas Motor Carrier Act, Texas Civil Stat-
utes, Article 911 b, which authorizes the com-
mission to prescribe rules and regulations for
the operations of motor carriers of property.
This agency hereby certifies that the rule as
adopted has been reviewed by legal counsel
and found to be a valid exercise of the agen-
cy's legal authority.
Issued in Austin, Texas, on June 27, 1995.
TRD-9507874 Mary Ross McDonald
Assistant Director, Legal
Division-Gas UIUtles/LP
Gas
Railroad Commission of
Texas
Effective date: July 18, 1995
Proposal publication date: February 7, 1995
For further information, please call: (512)
463-7008
Subchapter C. Household
Goods Carriers
* 16 TAC 5.101, 5.124
The Railroad Commission of Texas adopts
new 5.101 and 5.124, concerning defini-
tions and bills of lading to be issued, without
changes to the proposed text as published in
the February 10, 1995, issue of the Texas
Register (20 T ewReg 928).
The commission adopts these sections in
light of recent legislative changes to statutes
concerning regulation of transportation to re-
organize commission rules into concise
subchapters for each category of rules.
No comments were received regarding adop-
tion of the new sections.
The new sections are adopted pursuant to
Texas Civil Statutes, Article 911b, which au-
thorizes the commission to prescribe rules
and regulations for motor carriers of property.
This agency hereby certifies that the rule as
adopted has been reviewed by legal counsel
and found to be a valid exercise of the agen-
cy's legal authority.
Issued in Austin, Texas, on June 27, 1995.TRD-9507907
Mary Ross McDonald
Assistant Director, Legal
Division-Gas Utlltles/LP
Gas
Railroad Commission of
TexasEffective date: July 18, 1995
Proposal publication date: February 10, 1995For further information, please call: (512)
463-7008
* 16 TAC 5.103-5.123,
5.125-5.132, 5.134-5.147
The Railroad Commission of Texas adopts
new 5.103-5.113, 5.115-5.122,
5.125-5.132, 5.134, 5.135, and 5.137-5.147,
concerning explosives and other dangerous
articles, driver's daily log, minimum limits of
financial responsibility, insurance carriers,
termination of insurance coverage, qualifica-
tion as self-insurer, compliance with laws and
regulations, prohibition of unauthorized ser-
vices, call and demand service, use of high-
ways, pick-up and delivery service, joinder of
motor carrier certificates, division of certifi-
cate or permit authority, consolidation of cer-
tificate or permit authority, compliance
pending approval, cancellation, suspension,
and reinstatement of intrastate certificates or
permits, reinstatement fee, local repre-
sentatives, deceptive advertising prohibited,
issuance of waybills, freightbills, inventory of
shipment, weights, accessorial service state-
ment, claims for loss or damage, equipment
registration and cab cards, other identifying
marks, joint transportation between carriers,
credit, mileage rates, ratemaking, collective
rate applications, temporary rates, annual re-
ports, records, examination of facilities and
records, registered agent and address for
service of process, forms, procedure, and ad-
ministrative sanctions. Sections 5.102, 5.114,
5.123, and 5.136, concerning safety require-
ments, operating authority, estimate sheet,
and tariff rates and charges, are adopted with
changes to the proposed text and withdraws
from consideration proposed 5.133, con-
cerning lease-related activities of motor carri-
ers, as published in the February 7, 1995,
issue of the Texas Register (20 TexReg 816).
Sections 5.103-5.113, 5.115-5.122,
5.125-5.132, 5.134, 5.135, and 5.137-5.147
are adopted without changes and will not be
republished.
The commission adopts these sections in
light of recent legislative changes to statutes
concerning regulation of transportation to re-
organize commission rules into concise
subchapters for each category of rules.
The commission held a public hearing on
March 30, 1995, and received both written
and oral comments on the proposed rules,
summarized as follows.
(1) The safety provisions included in pro-
posed 5.102 exempt vehicles with an actual
weight, a registered gross weight, or a gross
weight rating of 26,000 pounds or less.
Household goods carriers should be subject
to the safety requirements regardless of the
weight of the vehicle being.operated by the
carrier.
(2) Proposed 5.102(d)(10) would allow po-
lice officers in cities with a population of
300,000 or greater to be certified by the
Texas Department of Public Safety to enforce
state and federal safety laws and rules. Cities
with populations of 100,000 or greater should
be permitted to have their peace officers cer-
tified to enforce the safety laws. Such a20 TexReg 4912 July 4, 1995i
S
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Texas. Secretary of State. Texas Register, Volume 20, Number 51, Pages 4883-4959, July 4, 1995, periodical, July 4, 1995; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth176788/m1/30/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.