CHAPTER 2401. TRANSPORTATION SERVICE PROVIDERS
OCCUPATIONS CODE
TITLE 14. REGULATION OF MOTOR VEHICLES AND TRANSPORTATION
SUBTITLE C. REGULATION OF TRANSPORTATION SERVICES
CHAPTER 2401. TRANSPORTATION SERVICE PROVIDERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2401.001. DEFINITIONS. In this chapter:
(1) Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 17.006(1);
Acts 2003, 78th Leg., ch. 1276, Sec. 14A.651.
(2) "Department" means the Department of Public Safety.
(2-a) "Executive director" means the executive director of the
department.
(3) "Motor carrier" has the meaning assigned by 49 U.S. C.
Section 13102.
(4) "Person" means an individual, corporation, partnership, or
association.
(5) "Transportation service provider" or "freight forwarder"
means a person, other than a motor carrier, who:
(A) represents to the public that the person provides
transportation in this state only of property for compensation;
and
(B) in the ordinary course of business:
(i) assembles and consolidates, or provides for assembling and
consolidating, a shipment;
(ii) performs or provides for break-bulk and distribution
operations of a shipment;
(iii) assumes responsibility for the land transportation of
property at any place from origin to destination; and
(iv) uses a motor or rail carrier at any time during the
transportation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 17.001,
17.006(1), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276,
Sec. 14A.651(a), (b), eff. Sept. 1, 2003.
Sec. 2401.002. APPLICATION OF CHAPTER. This chapter does not
apply to a person who:
(1) acts as a customs broker as defined by 19 U.S.C. Section
1641;
(2) operates trucks and delivery vehicles in the wholesale
distribution of alcoholic beverages under Chapter 19, 20, 21, 64,
or 65, Alcoholic Beverage Code; or
(3) acts as an ocean freight forwarder as defined by 46 U.S.C.
Section 1702.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 2401.052. EXAMINATION OR AUDIT. (a) To administer this
chapter, the department may:
(1) examine:
(A) a record maintained under Section 2401.152; or
(B) a record or object the department determines is necessary to
conduct a complete examination; or
(2) question under oath any person who
is associated with the business of a transportation service
provider.
(b) The department may periodically audit the business records
of a transportation service provider.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 17.003, eff.
Sept. 1, 2003.
SUBCHAPTER D. PRACTICE BY TRANSPORTATION SERVICE PROVIDER
Sec. 2401.152. RECORDS. (a) A transportation service provider
shall maintain a record for each shipment of property the
transportation service provider assumes responsibility for
transporting. The record must include:
(1) the name of the shipper of the property;
(2) the type of property being transported;
(3) the destination of the property;
(4) the name of the person receiving the property; and
(5) the name of the person transporting the property.
(b) The transportation service provider shall keep a copy of the
record until at least the fourth anniversary of the date the
property is transported.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
SUBCHAPTER F. PENALTIES AND OTHER ENFORCEMENT PROVISIONS
Sec. 2401.251. CIVIL PENALTY. A transportation service provider
who knowingly violates this chapter is liable for a civil penalty
of not less than $100 or more than $500 for each violation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 17.004, eff.
Sept. 1, 2003.
Sec. 2401.252. CRIMINAL PENALTY. (a) A transportation service
provider commits an offense if the transportation service
provider knowingly violates this chapter.
(b) An offense under this section is a Class A misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003.
Sec. 2401.253. AUTHORITY TO INVESTIGATE AND FILE COMPLAINT. (a)
The department may investigate a violation of this chapter.
(b) Any law enforcement agency may file a complaint with:
(1) the district attorney of Travis County; or
(2) the prosecuting attorney of the county in which a violation
is alleged to have occurred.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 17.005, eff.
Sept. 1, 2003.