73R8107 JD-D
By Carter H.B. No. 1676
Substitute the following for H.B. No. 1676:
By Carter C.S.H.B. No. 1676
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to definitions and penalties and the issuance of certain
1-3 licenses under the Texas Commercial Driver's License Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The Texas Commercial Driver's License Act
1-6 (Article 6687b-2, Revised Statutes) is amended by adding Section 2A
1-7 to read as follows:
1-8 Sec. 2A. REFERENCES TO STATUTES AND FEDERAL REGULATIONS.
1-9 Unless expressly provided otherwise:
1-10 (1) a reference in this article to any portion of a
1-11 statute applies to all reenactments, revisions, and amendments of
1-12 the statute; and
1-13 (2) a reference in this article to any portion of
1-14 Title 49, Code of Federal Regulations, applies to all revisions and
1-15 amendments of that title.
1-16 SECTION 2. Sections 3(19), (20), and (24), Texas Commercial
1-17 Driver's License Act (Article 6687b-2, Revised Statutes), are
1-18 amended to read as follows:
1-19 (19) "Gross combination weight rating" or "GCWR" means
1-20 the value specified by the manufacturer as the loaded weight of a
1-21 combination (articulated) vehicle<, the registered gross
1-22 combination weight, or the actual weight, whichever is greatest>.
1-23 If there is no manufacturer's specified value, gross combination
1-24 weight rating <The actual weight> is determined by adding the GVWR
2-1 of the power unit and the total weight of the towed unit or units
2-2 and any load on a towed unit.
2-3 (20) "Gross vehicle weight rating" or "GVWR" means the
2-4 value specified by the manufacturer as the <maximum> loaded weight
2-5 of a single vehicle<, registered gross weight, or the actual
2-6 weight, whichever is greatest. The actual weight is the actual
2-7 gross weight of the single unit and any load on the unit>.
2-8 (24) "Out-of-service order" means:
2-9 (A) a temporary prohibition against driving a
2-10 commercial motor vehicle issued as provided by Section 26 of this
2-11 article or as provided by the law of another state or 49 C.F.R.
2-12 Part 383.5; or
2-13 (B) a declaration by the Federal Highway
2-14 Administration or an authorized enforcement officer of a state or
2-15 local jurisdiction that a driver, commercial motor vehicle, or
2-16 motor carrier operation is out of service under 49 C.F.R. Part
2-17 383.5.
2-18 SECTION 3. Section 8, Texas Commercial Driver's License Act
2-19 (Article 6687b-2, Revised Statutes), is amended by adding
2-20 Subsection (c) to read as follows:
2-21 (c) In addition to any penalty imposed under this Act, an
2-22 employer who violates Subsection (b) of this section or an
2-23 out-of-service order may be penalized or disqualified under 49
2-24 C.F.R. Part 383.
2-25 SECTION 4. The Texas Commercial Driver's License Act
2-26 (Article 6687b-2, Revised Statutes) is amended by adding Section
2-27 12A to read as follows:
3-1 Sec. 12A. RESTRICTED COMMERCIAL DRIVER'S LICENSE. (a) In
3-2 this section:
3-3 (1) "Secretary" means the United States secretary of
3-4 transportation.
3-5 (2) "Highway administration" means the United States
3-6 Department of Transportation Federal Highway Administration.
3-7 (3) "Farm-related service industry" has the meaning
3-8 assigned by the secretary or the highway administration under the
3-9 federal Commercial Motor Vehicle Safety Act of 1986.
3-10 (b) If the department is authorized under the federal
3-11 Commercial Motor Vehicle Safety Act to grant the waiver, the
3-12 department by rule may waive the knowledge and skills tests
3-13 required by Section 11 of this article and provide for the issuance
3-14 of a restricted commercial driver's license to an employee of a
3-15 farm-related service industry.
3-16 (c) In granting a waiver under this section, the department
3-17 is subject to any condition or requirement established for the
3-18 waiver by the secretary or the highway administration.
3-19 (d) In addition to any restriction or limitation imposed by
3-20 this article or the department, a restricted commercial driver's
3-21 license issued under this section is subject to any restriction or
3-22 limitation imposed by the secretary or the highway administration.
3-23 SECTION 5. Section 25, Texas Commercial Driver's License Act
3-24 (Article 6687b-2, Revised Statutes), is amended by adding
3-25 Subsection (n) to read as follows:
3-26 (n) In addition to any penalty imposed under this Act, a
3-27 person convicted of an offense under Section 10(a)(5) of this Act
4-1 may be penalized or disqualified under 49 C.F.R. Part 383.
4-2 SECTION 6. Section 31(b), Texas Commercial Driver's License
4-3 Act (Article 6687b-2, Revised Statutes), is amended to read as
4-4 follows:
4-5 (b) The department shall give all out-of-state convictions,
4-6 disqualifications, and denials full faith and credit and treat them
4-7 for sanctioning purposes under this article as if they occurred in
4-8 this state. The department may include on a person's driving
4-9 record convictions, disqualifications, and denials that occurred in
4-10 another state.
4-11 SECTION 7. This Act takes effect September 1, 1993.
4-12 SECTION 8. The importance of this legislation and the
4-13 crowded condition of the calendars in both houses create an
4-14 emergency and an imperative public necessity that the
4-15 constitutional rule requiring bills to be read on three several
4-16 days in each house be suspended, and this rule is hereby suspended.