1. (a) This subchapter shall not apply to the officers, agents, or employees of any motor carrier operating for compensation over the public highways of this state who is under the jurisdiction of the commission, or to a person, firm, or corporation engaged in transporting express when such transportation is incidental to the transportation of passengers.

2. (b) Any person, firm, or corporation who:

   1. (1) orally or by card, circular, pamphlet, newspaper, radio, sign, billboard, or any other way, advertises himself, or itself, as one who sells, furnishes, negotiates for, or provides transportation over the public highways of this state when the transportation is furnished or offered, or proposed to be furnished, by motor carrier;
   2. (2) manages or conducts as a manager, conductor, agent, proprietor, lessor, lessee, or otherwise, a place where transportation is, or is offered or proposed to be, sold, furnished, negotiated for, or provided by a motor carrier; or
   3. (3) aids and abets, or without being present advises and encourages, any person, firm, or corporation in acting as, or to act as, a motor transportation broker, shall be deemed to be acting as a motor transportation broker, whether he does one or more acts of the nature set forth in this subsection.
3. (c) The provisions of this subchapter shall apply whether the transportation sold, or offered to be sold, is interstate or intrastate.

Source Note:The provisions of this §5.302 adopted to be effective July 18, 1995, 20 TexReg 4922.