CHAPTER 646. MOTOR TRANSPORTATION BROKERS - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE F. COMMERCIAL MOTOR VEHICLES

CHAPTER 646. MOTOR TRANSPORTATION BROKERS

Sec. 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, Sec. 30.153(a), eff.

Sept. 1, 1997.

Sec. 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, Sec. 30.153(a), eff.

Sept. 1, 1997.

Sec. 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 Motor Vehicles.

(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, Sec. 30.153(a), eff.

Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 2N.01, eff. September 1, 2009.

Sec. 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, Sec. 30.153(a), eff.

Sept. 1, 1997.