By: Montford S.B. No. 614
A BILL TO BE ENTITLED
AN ACT
1-1 relating to definitions and penalties under the Texas Commercial
1-2 Driver's License Act.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subdivision (7), Section 3, Texas Commercial
1-5 Driver's License Act (Article 6687b-2, Revised Statutes), is
1-6 amended to read as follows:
1-7 (7) "Commercial motor vehicle" does not include:
1-8 (A) a vehicle that is controlled and operated by
1-9 a farmer; and used to transport agricultural products, farm
1-10 machinery, or farm supplies to or from a farm; and not used in the
1-11 operations of a common or contract motor carrier; and used within
1-12 150 miles of the person's farm;
1-13 (B) a fire-fighting or emergency vehicle
1-14 necessary to the preservation of life or property or the execution
1-15 of emergency governmental functions, whether operated by an
1-16 employee of a political subdivision or by a volunteer fire fighter;
1-17 (C) a military vehicle, when operated for
1-18 military purposes by military personnel, including any active duty
1-19 military personnel, members of the reserves and national guard on
1-20 active duty, including personnel on full-time national guard duty,
1-21 personnel on part-time training, and national guard military
1-22 technicians; <or>
1-23 (D) a recreational vehicle that is driven for
1-24 personal use; or
2-1 (E) a vehicle that is owned, leased, or
2-2 controlled by an air carrier, as defined by Section 1(e), Chapter
2-3 344, Acts of the 49th Legislature, 1945 (Article 46c-1, Vernon's
2-4 Texas Civil Statutes), and that is driven or operated exclusively
2-5 by an employee of the air carrier only on the premises of an
2-6 airport, as defined by Section 1(a), Municipal Airports Act
2-7 (Article 46d-1, Vernon's Texas Civil Statutes), on service roads
2-8 that do not provide access to the public terminal sections of the
2-9 airport.
2-10 SECTION 2. Subdivisions (19), (20), and (24), Section 3,
2-11 Texas Commercial Driver's License Act (Article 6687b-2, Revised
2-12 Statutes), are amended to read as follows:
2-13 (19) "Gross combination weight rating" or "GCWR" means
2-14 the value specified by the manufacturer as the loaded weight of a
2-15 combination (articulated) vehicle<, the registered gross
2-16 combination weight, or the actual weight, whichever is greatest>.
2-17 If there is no manufacturer's specified value, gross combination
2-18 weight rating <The actual weight> is determined by adding the GVWR
2-19 of the power unit and the total weight of the towed unit or units
2-20 and any load on a towed unit.
2-21 (20) "Gross vehicle weight rating" or "GVWR" means the
2-22 value specified by the manufacturer as the <maximum> loaded weight
2-23 of a single vehicle<, registered gross weight, or the actual
2-24 weight, whichever is greatest. The actual weight is the actual
2-25 gross weight of the single unit and any load on the unit>.
2-26 (24) "Out-of-service order" means:
2-27 (A) a temporary prohibition against driving a
3-1 commercial motor vehicle issued as provided by Section 26 of this
3-2 article or as provided by the law of another state or 49 C.F.R.
3-3 Section 383.5; or
3-4 (B) a declaration by the Federal Highway
3-5 Administration or an authorized enforcement officer of a state or
3-6 local jurisdiction that a driver, commercial motor vehicle, or
3-7 motor carrier operation is out of service under 49 C.F.R. Section
3-8 383.5.
3-9 SECTION 3. Section 8, Texas Commercial Driver's License Act
3-10 (Article 6687b-2, Revised Statutes), is amended by adding
3-11 Subsection (c) to read as follows:
3-12 (c) In addition to any penalty imposed under this Act, an
3-13 employer who violates Subsection (b) of this section or an
3-14 out-of-service order may be penalized or disqualified under 49
3-15 C.F.R. Part 383.
3-16 SECTION 4. Section 25, Texas Commercial Driver's License Act
3-17 (Article 6687b-2, Revised Statutes), is amended by adding
3-18 Subsection (n) to read as follows:
3-19 (n) In addition to any penalty imposed under this Act, a
3-20 person convicted of an offense under Section 10(a)(5) of this Act
3-21 may be penalized or disqualified under 49 C.F.R. Part 383.
3-22 SECTION 5. Subsection (b), Section 31, Texas Commercial
3-23 Driver's License Act (Article 6687b-2, Revised Statutes), is
3-24 amended to read as follows:
3-25 (b) The department shall give all out-of-state convictions,
3-26 disqualifications, and denials full faith and credit and treat them
3-27 for sanctioning purposes under this article as if they occurred in
4-1 this state. The department may include on a person's driving
4-2 record convictions, disqualifications, and denials that occurred in
4-3 another state.
4-4 SECTION 6. This Act takes effect September 1, 1993.
4-5 SECTION 7. The importance of this legislation and the
4-6 crowded condition of the calendars in both houses create an
4-7 emergency and an imperative public necessity that the
4-8 constitutional rule requiring bills to be read on three several
4-9 days in each house be suspended, and this rule is hereby suspended.