By: Carter H.B. No. 1676
73R5965 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to definitions and penalties under the Texas Commercial
1-3 Driver's License Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 3(19), (20), and (24), Texas Commercial
1-6 Driver's License Act (Article 6687b-2, Revised Statutes), are
1-7 amended to read as follows:
1-8 (19) "Gross combination weight rating" or "GCWR" means
1-9 the value specified by the manufacturer as the loaded weight of a
1-10 combination (articulated) vehicle<, the registered gross
1-11 combination weight, or the actual weight, whichever is greatest>.
1-12 If there is no manufacturer's specified value, gross combination
1-13 weight rating <The actual weight> is determined by adding the GVWR
1-14 of the power unit and the total weight of the towed unit or units
1-15 and any load on a towed unit.
1-16 (20) "Gross vehicle weight rating" or "GVWR" means the
1-17 value specified by the manufacturer as the <maximum> loaded weight
1-18 of a single vehicle<, registered gross weight, or the actual
1-19 weight, whichever is greatest. The actual weight is the actual
1-20 gross weight of the single unit and any load on the unit>.
1-21 (24) "Out-of-service order" means a temporary
1-22 prohibition against driving a commercial motor vehicle issued as
1-23 provided by Section 26 of this article or as provided by the law of
1-24 another state or 49 C.F.R. Part 383.5.
2-1 SECTION 2. Section 8, Texas Commercial Driver's License Act
2-2 (Article 6687b-2, Revised Statutes), is amended by adding
2-3 Subsection (c) to read as follows:
2-4 (c) In addition to any penalty imposed under this Act, an
2-5 employer who violates Subsection (b) of this section may be
2-6 penalized or disqualified under 49 C.F.R. Part 383.
2-7 SECTION 3. Section 25, Texas Commercial Driver's License Act
2-8 (Article 6687b-2, Revised Statutes), is amended by adding
2-9 Subsection (n) to read as follows:
2-10 (n) In addition to any penalty imposed under this Act, a
2-11 person convicted of an offense under Section 10(a)(5) of this Act
2-12 may be penalized or disqualified under 49 C.F.R. Part 383.
2-13 SECTION 4. Section 31(b), Texas Commercial Driver's License
2-14 Act (Article 6687b-2, Revised Statutes), is amended to read as
2-15 follows:
2-16 (b) The department shall give all out-of-state convictions,
2-17 disqualifications, and denials full faith and credit and treat them
2-18 for sanctioning purposes under this article as if they occurred in
2-19 this state. The department may include on a person's driving
2-20 record convictions, disqualifications, and denials that occurred in
2-21 another state.
2-22 SECTION 5. This Act takes effect September 1, 1993.
2-23 SECTION 6. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.