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.