Texas Tank Truck Carriers Association, Inc.Texas Tank Truck Carriers Association, Inc.PREVIEW OF 76TH TEXAS LEGISLATIVE SESSION
TEXAS DEPARTMENT OF TRANSPORTATION
In 1998, the United States Congress passed the Transportation Equity Act 21, known as TEA-21. This bill provides for $ 500 million to be distributed to the border states over the next five years. Texas is entitled to a good deal of this money and the division of this money will be mostly between the Texas Department of Transportation (TxDOT) and the Texas Department of Public Safety (DPS).
Under the current division of the highway fund in Texas, the DPS has been getting more and more money that TxDOT believes should stay in the highway fund for use in highway maintenance. So one big issue in the 76th Legislature for the State of Texas will be the division of monies from the highway fund. At stake is $ 300 million. For every $ 5 the state of Texas gets, the federal fund will contribute $ 4.
This drive by TxDOT to obtain more highway funds will help them meet specific goals. Currently, there are 120 billion vehicles per year traveling on the 77,000 miles of highway in the state of Texas. Since 1950, there has been a 10-fold increase in urban transportation which has doubled every 14 years. It is calculated today that 1.4 million man-hours are lost in Texas alone due to traffic congestion in urban areas.
The infrastructure of roads in Texas needs major repair according to TxDOT. These roads last between 30-40 years and are at the end of a cycle. There are 33,000 bridges in the state of Texas and half of these are "off-road" or county roads and bridges. Of these 15,600 county bridges, half of them have deteriorated to the point that they cannot handle truck traffic according to the TxDOT report.
So the TxDOT position in the 76th Legislature will be to obtain more money. Three main features that Mr. David Leavy, Chairman of the Texas Transportation Commission (that governs TxDOT), presented to the Texas Interim Committee on Transportation in August 1998 are as follows:
1. Motor Fuels Tax. TxDOT wants to move the collection of the motor fuels tax from the retail to the wholesale level. This will generate more fees without actually increasing the motor fuels tax technically. There is no plan to increase the fuel tax directly until the year 2001, or the 77th Legislature.
2. Fees. TxDOT wants to increase all registration fees by $ 10 per fee. The last increase was 15 years ago.
3. 2060 Permit. TxDOT intends to keep the 2060 permit which allows for overweight by axle formula, but they want to increase the fees in the program and move more of the dollars to the East Texas counties where it is needed. There will also be some effort to change the bridge portion of the 2060 permit, perhaps not to allow truck traffic over the 58,420 load-zoned bridges.
4. TxDOT intends to have a complete one-stop shopping website within the next year. This would allow companies to conduct their apportioned registration, insurance, fuel tax, and overweight permits over the internet. Funding and clarification of this project will take place in the 76th Legislature.
5. Routing of hazardous materials transportation, which was assigned to TxDOT under the 75th Legislature, has been transferred to the Texas Department of Public Safety. Additionally, there is rulemaking to change the single-state registration to include private carriers.
SB 370 (75R) AMENDMENT REGARDING SIGNAGE
In the 75th Legislature, the Texas Legislature passed SB 370, which was an amendment regarding signage on trucks. It was enacted into the Transportation Code by error to apply to all trucks. The intent of the authors and conference committee was that the bill apply only to tow trucks. For some inexplicable reason, once the error was discovered, it could not be amended simply and this inadvertent error will be corrected in the 76th Legislative Session. Senator Ken Armbrister will introduce the legislation and correct the situation.
DPS SUNSET
The Department of Public Safety is under the automatic Sunset review which comes up periodically by statute. The Sunset Advisory Commission is using this opportunity to reorganize the DPS, including:
1. Improving the oversight of the department by increasing the size of the Public Safety Commission.
2. Strengthening the internal oversight functions within the Department of Public Safety
3. Improving employee relations by strengthening grievance procedures and creating an employee relations office
4. Authorizing the director to make senior level management staff assignments.
5. Strengthening the oversight and accountability of seized and forfeited assets
6. Authorizing the department to conduct drivers' license transactions electronically
7. Improving the enforcement of commercial vehicle laws through greater use of non-commission staff
8. Formalizing planning efforts between the DPS and TxDOT to ensure proper enforcement of truck safety laws
9. To continue the DPS for the next six years.
Part of this reorganization may help the trucking industry. Currently, because of legislation from the 75th and 74th Texas Legislatures, the DPS trains police officers in cities of greater than 100,000 population for motor carrier safety inspections. This training does not extend to sheriffs or constables. Some areas are more active than others and some cities have opted out of the programs even after being trained. Cities are limited to collection of 110% of the revenue that it takes to run the program in their fines and assessments. Some of the cities are adding weigh stations to do more truck inspections.
Our position and the position of other trucking associations is to have the Department of Public Safety empowered with more oversight authority in order to ensure uniformity of inspections for commercial motor vehicles. We feel it is especially important in the hazardous materials area where uniformity is essential.
UNDERGROUND STORAGE TANK PROPOSED RULE
Early in 1998, the Texas Petroleum Marketers and Convenience Store Association (TPCA), formerly known as TOMA, approached our association and others regarding a change in the TNRCC rules affecting underground storage tanks. On December 22, 1998, the TNRCC will have to enforce all of the EPA rules which have finally been phased in by law. The TNRCC addressed the Texas Tank Truck Carriers Association in our August meeting and mentioned that they were going to start serious enforcement of these rules.
The key rule that affects the trucking industry is that no truck should deliver gasoline or diesel into an unauthorized or uncertificated tank. We have had discussions on and off with TPCA and voiced our position, which is that the burden for the certification of the tanks should not fall on the motor carrier, but the shipper who has more control of the shipment. These new rules have found their way into proposed rulemaking of TNRCC which is currently pending, and they will also find their way into proposed legislation in the 76th Session.
The basic outline of the TPCA rule is
1. Annual inspection program
2. Post the registration certificate of the tank on site.
3. Verification by the carrier of the registration of the certificate before making a delivery.
We will follow this proposed rule change and any legislative attempts that affect it.
HOUSE COMMITTEE ON TRANSPORTATION 1998
Speaker Pete Laney of the Texas House charged the House Committee of Transportation to examine six issues prior to the 76th Legislature. The issues are as follows:
1. Review all issues related to speed limits and highway safety.
The House Committee on Transportation is examining the possibility of eliminating differential speed limits in Texas. We are on record (TTTCA) not to increase truck speed limits. Another possibility examined by the House Committee is to keep the differential on interstate traffic, but to reduce the car speed to the truck speed on two-lane roads outside the interstate system.
Currently, trucks represent three percent of all registered vehicles in Texas and seven percent of the total vehicle miles in Texas involve truck traffic.
2. Study the system for funding county roads and bridges. Assess its adequacy and any measures that would improve the system.
Funding of county roads and bridges: Although we have covered some of this aspect in another section, there are four major sources of funding for the county roads and bridges, listed as follows:
a. State Gasoline Tax. In 1991, this tax was increased to 20 cents per gallon and the next time it will be examined is in the year 2001.
b. Oversize/Overweight Permits. This includes the 2060 permit.
c. Motor Vehicle Registration Fees. TxDOT would like to increase these fees.
d. Surplus Materials Program. This program was initiated in 1995, but as a practical matter, there is very little coordination among the counties and the legislature will look at improving this system.
3. Review the process for creating and issuing special license plates. Assess the benefits and disadvantages of proliferation of special plates.
No hearings were held.
4. Study the effects of oversize and overweight trucks on roads and bridges, including the impact of NAFTA-related traffic.
The House Committee on Transportation indicated there was no activity intended on NAFTA until after 1998. They are looking at the effect of oversize/overweight vehicles on roads and especially bridges.
They expect from the evidence that there will be a greater use of the 2060 permit by Mexican traffic when allowed. Today, there are 12,000 Mexican vehicles entering Texas every day. Of the 3.3 million vehicles that cross into the United States from Mexico per year, 2 million of these vehicles come through Texas. Today the Mexican traffic is essentially limited to drayage, so there is not a significant impact on the state; however, this situation will change if and when NAFTA is approved.
5. Examine the implementation of HB 2151 and HB 2599, 74th Legislature, relating to the licensing of salvage vehicle dealers and to salvage vehicle titling procedures. Review federal legislation that may impact state laws relating to salvage vehicles. (Joint with the House Committee on Licensing and Administrative Procedures)
No hearings were held.
6. Conduct active oversight of agencies and programs under the committee's jurisdiction, including the implementation of SB 370, 75th Legislature, and monitor issues affecting state highway funding.
This section refers to oversight of agencies and programs under the House Committee on Transportation jurisdiction. We have discussed most of that in prior analysis.
TEXAS CIVIL JUSTICE LEAGUE
We are enclosing the agenda for the Texas Civil Justice League which affects the court system and torts in the state of Texas. The attached Appendix A shows a summary of their program of work for the 76th Legislature. In future circulars, we will analyze these sections in more depth as they may apply to the trucking industry.
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