(a) Ratemaking. A household goods carrier and/or its
household goods agent shall set maximum rates and charges for services
in its applicable tariff. The household goods carrier and/or its household
goods agent shall disclose the maximum rates and charges to prospective
shippers before transporting a shipment between two incorporated cities.
(b) Prohibited charges and allowances. A household
goods carrier and/or its household goods agent shall not charge more
than the maximum charges published in its tariff on file with the
department for services associated with transportation between two
incorporated cities.
(c) Collective ratemaking agreements.
(1) Eligibility. In accordance with Transportation
Code, §643.154, a household goods carrier and/or its household
goods agent may enter into collective ratemaking agreements between
one or more other household goods carriers or household goods agents
concerning the establishment and filing of maximum rates and charges,
classifications, rules, or procedures.
(2) Designation of collective ratemaking associations.
An approved association may be designated by a member household goods
carrier as its collective ratemaking association for the purpose of
filing a tariff containing maximum rates and charges required by §218.65
of this title (relating to Tariff Registration).
(3) Submission. In accordance with Transportation Code, §643.154,
a collective ratemaking agreement shall be filed with the department
for approval. The agreement shall include the following information:
(A) full and correct name, business address (street
and number, city, state and zip code), and phone number of the association;
(B) whether the association is a corporation or partnership;
and
(i) if a corporation, the government, state, or territory
under the laws of which the applicant was organized and received its
present charter; and
(ii) if an association or a partnership, the names
of the officers or partners and date of formation;
(C) full and correct name and business address (city
and state) of each household goods carrier on whose behalf the agreement
is filed and whether it is an association, a corporation, an individual,
or a partnership;
(D) the name, title, and mailing address of counsel,
officer, or other person to whom correspondence in regard to the agreement
should be addressed; and
(E) a copy of the constitution, bylaws, or other documents
or writings, specifying the organization's powers, duties, and procedures.
(4) Signature. The collective ratemaking agreement
shall be signed by all parties subject to the agreement or the association's
executive officer.
(5) Incomplete agreement. If the department receives
an agreement which does not comply with this subsection, the department
will send a letter to the individual submitting the agreement. The
letter shall identify the information that is missing and advise the
association that the agreement will not be processed until the information
is received.
(6) Approval. In accordance with Transportation Code, §643.154,
the director or designee will approve a collective ratemaking agreement
if the agreement provides that:
(A) all meetings are open to the public; and
(B) notice of meetings shall be sent to shippers who
are multiple users of household good carriers.
(7) Noncompliance. If the director or the director's
designee determines that an agreement does not comply with paragraph
(6) of this subsection, the matter will be governed by Chapter 224
of this title (relating to Adjudicative Practice and Procedure) and
Transportation Code, Chapter 643.
(8) New parties to an agreement. An updated agreement
shall be filed with the department as new parties are added.
(9) Amendments to approved agreements. Amendments to
approved agreements (other than as to new parties) may become effective
only after approval of the department.
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Source Note: The provisions of this §218.64 adopted to be effective February 4, 2010, 35 TexReg 663; amended to be effective March 12, 2015, 40 TexReg 1104; amended to be effective June 1, 2024, 49 TexReg 2753 |