73R9877 JD-D
By Montford S.B. No. 614
Substitute the following for S.B. No. 614:
By Carter C.S.S.B. No. 614
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(7), (19), (20), and (24), Texas
1-17 Commercial Driver's License Act (Article 6687b-2, Revised
1-18 Statutes), are amended to read as follows:
1-19 (7) "Commercial motor vehicle" does not include:
1-20 (A) a vehicle that is controlled and operated by
1-21 a farmer; and used to transport agricultural products, farm
1-22 machinery, or farm supplies to or from a farm; and not used in the
1-23 operations of a common or contract motor carrier; and used within
1-24 150 miles of the person's farm;
2-1 (B) a fire-fighting or emergency vehicle
2-2 necessary to the preservation of life or property or the execution
2-3 of emergency governmental functions, whether operated by an
2-4 employee of a political subdivision or by a volunteer fire fighter;
2-5 (C) a military vehicle, when operated for
2-6 military purposes by military personnel, including any active duty
2-7 military personnel, members of the reserves and national guard on
2-8 active duty, including personnel on full-time national guard duty,
2-9 personnel on part-time training, and national guard military
2-10 technicians; <or>
2-11 (D) a recreational vehicle that is driven for
2-12 personal use; or
2-13 (E) a vehicle that is owned, leased, or
2-14 controlled by an air carrier, as defined by Section 1(e), Chapter
2-15 344, Acts of the 49th Legislature, 1945 (Article 46c-1, Vernon's
2-16 Texas Civil Statutes), and that is driven or operated exclusively
2-17 by an employee of the air carrier only on the premises of an
2-18 airport, as defined by Section 1(a), Municipal Airports Act
2-19 (Article 46d-1, Vernon's Texas Civil Statutes), on service roads to
2-20 which the public does not have access.
2-21 (19) "Gross combination weight rating" or "GCWR" means
2-22 the value specified by the manufacturer as the loaded weight of a
2-23 combination (articulated) vehicle<, the registered gross
2-24 combination weight, or the actual weight, whichever is greatest>.
2-25 If there is no manufacturer's specified value, gross combination
2-26 weight rating <The actual weight> is determined by adding the GVWR
2-27 of the power unit and the total weight of the towed unit or units
3-1 and any load on a towed unit.
3-2 (20) "Gross vehicle weight rating" or "GVWR" means the
3-3 value specified by the manufacturer as the <maximum> loaded weight
3-4 of a single vehicle<, registered gross weight, or the actual
3-5 weight, whichever is greatest. The actual weight is the actual
3-6 gross weight of the single unit and any load on the unit>.
3-7 (24) "Out-of-service order" means:
3-8 (A) a temporary prohibition against driving a
3-9 commercial motor vehicle issued as provided by Section 26 of this
3-10 article or as provided by the law of another state or 49 C.F.R.
3-11 Part 383.5; or
3-12 (B) a declaration by the Federal Highway
3-13 Administration or an authorized enforcement officer of a state or
3-14 local jurisdiction that a driver, commercial motor vehicle, or
3-15 motor carrier operation is out of service under 49 C.F.R. Part
3-16 383.5.
3-17 SECTION 3. Section 8, Texas Commercial Driver's License Act
3-18 (Article 6687b-2, Revised Statutes), is amended by adding
3-19 Subsection (c) to read as follows:
3-20 (c) In addition to any penalty imposed under this Act, an
3-21 employer who violates Subsection (b) of this section or an
3-22 out-of-service order may be penalized or disqualified under 49
3-23 C.F.R. Part 383.
3-24 SECTION 4. The Texas Commercial Driver's License Act
3-25 (Article 6687b-2, Revised Statutes) is amended by adding Section
3-26 12A to read as follows:
3-27 Sec. 12A. RESTRICTED COMMERCIAL DRIVER'S LICENSE. (a) In
4-1 this section:
4-2 (1) "Secretary" means the United States secretary of
4-3 transportation.
4-4 (2) "Highway administration" means the United States
4-5 Department of Transportation Federal Highway Administration.
4-6 (3) "Farm-related service industry" has the meaning
4-7 assigned by the secretary or the highway administration under the
4-8 federal Commercial Motor Vehicle Safety Act of 1986.
4-9 (b) If the department is authorized under the federal
4-10 Commercial Motor Vehicle Safety Act to grant the waiver, the
4-11 department by rule may waive the knowledge and skills tests
4-12 required by Section 11 of this article and provide for the issuance
4-13 of a restricted commercial driver's license to an employee of a
4-14 farm-related service industry.
4-15 (c) In granting a waiver under this section, the department
4-16 is subject to any condition or requirement established for the
4-17 waiver by the secretary or the highway administration.
4-18 (d) In addition to any restriction or limitation imposed by
4-19 this article or the department, a restricted commercial driver's
4-20 license issued under this section is subject to any restriction or
4-21 limitation imposed by the secretary or the highway administration.
4-22 SECTION 5. Section 25, Texas Commercial Driver's License Act
4-23 (Article 6687b-2, Revised Statutes), is amended by adding
4-24 Subsection (n) to read as follows:
4-25 (n) In addition to any penalty imposed under this Act, a
4-26 person convicted of an offense under Section 10(a)(5) of this Act
4-27 may be penalized or disqualified under 49 C.F.R. Part 383.
5-1 SECTION 6. Section 31(b), Texas Commercial Driver's License
5-2 Act (Article 6687b-2, Revised Statutes), is amended to read as
5-3 follows:
5-4 (b) The department shall give all out-of-state convictions,
5-5 disqualifications, and denials full faith and credit and treat them
5-6 for sanctioning purposes under this article as if they occurred in
5-7 this state. The department may include on a person's driving
5-8 record convictions, disqualifications, and denials that occurred in
5-9 another state.
5-10 SECTION 7. This Act takes effect September 1, 1993.
5-11 SECTION 8. The importance of this legislation and the
5-12 crowded condition of the calendars in both houses create an
5-13 emergency and an imperative public necessity that the
5-14 constitutional rule requiring bills to be read on three several
5-15 days in each house be suspended, and this rule is hereby suspended.