| (a) Submission. In accordance with Transportation Code, §643.153,
a household goods carrier and/or its household goods agent shall file
a tariff with the department. A household goods carrier who is not
a member of an approved association under §218.64 of this title
(relating to Rates) shall file a tariff individually. In lieu of filing
individually, a household goods carrier or its household goods agent,
that is a member of an approved association in accordance with §218.64,
may designate a collective association as its ratemaking association.
The association may file a tariff, as required by this subsection,
for member carriers.
(1) Contents. The tariff:
(A) shall set out all rates, charges, rules, regulations,
or other provisions, in clear and concise terms, used to determine
total transportation charges;
(B) may provide for the offering, selling, or procuring
of insurance as provided in §218.54 of this title (relating to
Selling Insurance to Shippers);
(C) may provide for the base transportation charge
to include assumption by the household goods carrier for the full
value of the shipment in the event a policy or other appropriate evidence
of the insurance purchased by the shipper from the household goods
carrier is not issued to the shipper at the time of purchase;
(D) shall describe the procedure for determining charges
that are below the maximum rate for each service performed; and
(E) shall reference a specific mileage guide or source,
if information on rates and charges based on mileage is included in
the tariff (The referenced mileage guide shall be filed with the department
as an addendum to the tariff. If the household goods carrier utilizes
a computer database as a mileage guide, the household goods carrier
shall allow department personnel free access to the system when conducting
an inquiry regarding a specific movement performed by the household
goods carrier).
(2) Interstate tariff. In accordance with Transportation
Code, §643.153, a household goods carrier may satisfy the requirements
of this subsection by filing a copy of its tariff governing interstate
household goods transportation services.
(3) Transmittal letter. A transmittal letter shall
accompany a tariff being filed. The transmittal letter shall provide:
(A) the name of the household goods carrier;
(B) the Texas mailing address and street address of
the household goods carrier's principal office;
(C) the household goods carrier's registration number,
if any;
(D) the name and title of the household goods carrier's
representative authorizing the tariff filing; and
(E) whether the tariff is being filed on behalf of
a member carrier.
(4) Format. Tariffs shall be filed:
(A) on 8 1/2" x 11" paper;
(B) with a cover sheet showing:
(i) the name of the issuing household goods carrier
or collective ratemaking association;
(ii) the Texas mailing and street address;
(iii) the issuance date of the tariff;
(iv) the effective date of the tariff; and
(v) the tariff number; and
(C) separated into the following sections:
(i) general rules;
(ii) accessorial services; and
(iii) rates.
(5) Item numbers. Individual items shall be titled
and designated by item number.
(6) Amendments. Any amendment to a tariff shall be
filed with the department not less than 10 days prior to the effective
date of the amendment. The household goods carrier or collective ratemaking
association filing on behalf of its member may either file an amended
tariff in total or an amendment referencing the specific sections
and items which are being amended. The amendment format shall be the
same as required by paragraph (4) of this subsection. A transmittal
letter providing the same information as required by paragraph (3)
of this subsection shall accompany the amendment filing.
(7) Rejection. The department will reject a tariff
or amendment filing if it is determined the tariff:
(A) fails to meet the requirements of this section;
or
(B) fails to fully disclose, in clear and concise terms,
all rates, charges, and rules.
(8) Electronic filings. A household goods carrier may
file an electronic copy of its tariff provided that the document is
consistent with the provision of this subsection and is formatted
in Microsoft Word or other format approved by the director.
(b) Operations. The department will accept a tariff
which is in substantial compliance with this section if the tariff
was submitted prior to November 1, 1995.
(c) Access. In accordance with Transportation Code, §643.153,
tariffs filed in accordance with this section will be made available
for public inspection at the TxDMV Enforcement Division or by calling
the department's toll-free consumer helpline as listed on the department's
website.
(d) Conflicts. All provisions of household goods carriers'
tariffs are superseded to the extent they may conflict with the provisions
of this chapter.
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| Source Note: The provisions of this §218.65 adopted to be effective February 4, 2010, 35 TexReg 663; amended to be effective March 12, 2015, 40 TexReg 1104; amended to be effective July 2, 2017, 42 TexReg 3275 |
