1-1 By: Montford S.B. No. 614
1-2 (In the Senate - Filed March 4, 1993; March 4, 1993, read
1-3 first time and referred to Committee on State Affairs;
1-4 March 31, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; March 31, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Harris of Dallas x
1-10 Rosson x
1-11 Carriker x
1-12 Henderson x
1-13 Leedom x
1-14 Lucio x
1-15 Luna x
1-16 Nelson x
1-17 Patterson x
1-18 Shelley x
1-19 Sibley x
1-20 West x
1-21 Whitmire x
1-22 COMMITTEE SUBSTITUTE FOR S.B. No. 614 By: Harris of Dallas
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to definitions and penalties under the Texas Commercial
1-26 Driver's License Act.
1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28 SECTION 1. Subdivisions (19), (20), and (24), Section 3,
1-29 Texas Commercial Driver's License Act (Article 6687b-2, Revised
1-30 Statutes), are amended to read as follows:
1-31 (19) "Gross combination weight rating" or "GCWR" means
1-32 the value specified by the manufacturer as the loaded weight of a
1-33 combination (articulated) vehicle<, the registered gross
1-34 combination weight, or the actual weight, whichever is greatest>.
1-35 If there is no manufacturer's specified value, gross combination
1-36 weight rating <The actual weight> is determined by adding the GVWR
1-37 of the power unit and the total weight of the towed unit or units
1-38 and any load on a towed unit.
1-39 (20) "Gross vehicle weight rating" or "GVWR" means the
1-40 value specified by the manufacturer as the <maximum> loaded weight
1-41 of a single vehicle<, registered gross weight, or the actual
1-42 weight, whichever is greatest. The actual weight is the actual
1-43 gross weight of the single unit and any load on the unit>.
1-44 (24) "Out-of-service order" means:
1-45 (A) a temporary prohibition against driving a
1-46 commercial motor vehicle issued as provided by Section 26 of this
1-47 article or as provided by the law of another state or 49 C.F.R.
1-48 Section 383.5; or
1-49 (B) a declaration by the Federal Highway
1-50 Administration or an authorized enforcement officer of a state or
1-51 local jurisdiction that a driver, commercial motor vehicle, or
1-52 motor carrier operation is out of service under 49 C.F.R. Section
1-53 383.5.
1-54 SECTION 2. Section 8, Texas Commercial Driver's License Act
1-55 (Article 6687b-2, Revised Statutes), is amended by adding
1-56 Subsection (c) to read as follows:
1-57 (c) In addition to any penalty imposed under this Act, an
1-58 employer who violates Subsection (b) of this section or an
1-59 out-of-service order may be penalized or disqualified under 49
1-60 C.F.R. Part 383.
1-61 SECTION 3. Section 25, Texas Commercial Driver's License Act
1-62 (Article 6687b-2, Revised Statutes), is amended by adding
1-63 Subsection (n) to read as follows:
1-64 (n) In addition to any penalty imposed under this Act, a
1-65 person convicted of an offense under Section 10(a)(5) of this Act
1-66 may be penalized or disqualified under 49 C.F.R. Part 383.
1-67 SECTION 4. Subsection (b), Section 31, Texas Commercial
1-68 Driver's License Act (Article 6687b-2, Revised Statutes), is
2-1 amended to read as follows:
2-2 (b) The department shall give all out-of-state convictions,
2-3 disqualifications, and denials full faith and credit and treat them
2-4 for sanctioning purposes under this article as if they occurred in
2-5 this state. The department may include on a person's driving
2-6 record convictions, disqualifications, and denials that occurred in
2-7 another state.
2-8 SECTION 5. This Act takes effect September 1, 1993.
2-9 SECTION 6. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.
2-14 * * * * *
2-15 Austin,
2-16 Texas
2-17 March 31, 1993
2-18 Hon. Bob Bullock
2-19 President of the Senate
2-20 Sir:
2-21 We, your Committee on State Affairs to which was referred S.B. No.
2-22 614, have had the same under consideration, and I am instructed to
2-23 report it back to the Senate with the recommendation that it do not
2-24 pass, but that the Committee Substitute adopted in lieu thereof do
2-25 pass and be printed.
2-26 Harris of
2-27 Dallas, Chairman
2-28 * * * * *
2-29 WITNESSES
2-30 FOR AGAINST ON
2-31 ___________________________________________________________________
2-32 Name: Charles Karakashian x
2-33 Representing: Tx Dept of Public Safety
2-34 City: Austin
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2-36 Name: Lonnes Rannals x
2-37 Representing: Tx Dept of Public Safety
2-38 City: Austin
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