By: Duncan, Bivins S.B. No. 836
A BILL TO BE ENTITLED
AN ACT
1-1 relating to certain buses used to transport students to
1-2 school-related activities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 541.201, Transportation Code, is amended
1-5 by adding a new Subdivision (15), renumbering existing Subdivision
1-6 (15) as Subdivision (16) and amending that subdivision, and
1-7 renumbering existing Subdivisions (16) through (22) as Subdivisions
1-8 (17) through (23) to read as follows:
1-9 (15) "School activity bus" means a bus designed to
1-10 accommodate more than 15 passengers, including the operator, that
1-11 is owned, operated, rented, or leased by a school district, county
1-12 school, open-enrollment charter school, regional education service
1-13 center, or shared services arrangement and that is used to
1-14 transport public school students on a school-related activity trip,
1-15 other than on routes to and from school. The term does not include
1-16 a chartered bus, a bus operated by a mass transit authority, or a
1-17 school bus.
1-18 (16) "School bus" means a motor vehicle that was
1-19 manufactured in compliance with the federal motor vehicle safety
1-20 standards for school buses in effect on the date of manufacture and
1-21 that is used [bus designed] to transport pre-primary, primary, or
1-22 secondary [more than 15 passengers, including the operator, and
1-23 used for purposes that include regularly transporting] students on
1-24 a route to or from school or on a school-related activity trip
2-1 other than on routes to and from school [or school-related events].
2-2 The term does not include a school-chartered bus or a bus operated
2-3 by a mass transit authority.
2-4 (17) [(16)] "Semitrailer" means a vehicle with or
2-5 without motive power, other than a pole trailer:
2-6 (A) designed to be drawn by a motor vehicle and
2-7 to transport persons or property; and
2-8 (B) constructed so that part of the vehicle's
2-9 weight and load rests on or is carried by another vehicle.
2-10 (18) [(17)] "Special mobile equipment" means a vehicle
2-11 that is not designed or used primarily to transport persons or
2-12 property and that is only incidentally operated on a highway. The
2-13 term:
2-14 (A) includes ditchdigging apparatus, well boring
2-15 apparatus, and road construction and maintenance machinery,
2-16 including an asphalt spreader, bituminous mixer, bucket loader,
2-17 tractor other than a truck tractor, ditcher, levelling grader,
2-18 finishing machine, motor grader, road roller, scarifier,
2-19 earth-moving carryall and scraper, power shovel or dragline, or
2-20 self-propelled crane and earth-moving equipment; and
2-21 (B) excludes a vehicle that is designed to
2-22 transport persons or property and that has machinery attached,
2-23 including a house trailer, dump truck, truck-mounted transit mixer,
2-24 crane, and shovel.
2-25 (19) [(18)] "Towable recreational vehicle" means a
2-26 nonmotorized vehicle that:
3-1 (A) is designed:
3-2 (i) to be towable by a motor vehicle; and
3-3 (ii) for temporary human habitation for
3-4 uses including recreational camping or seasonal use;
3-5 (B) is permanently built on a single chassis;
3-6 (C) may contain one or more life-support
3-7 systems; and
3-8 (D) may be used permanently or temporarily for
3-9 advertising, selling, displaying, or promoting merchandise or
3-10 services, but is not used for transporting property for hire or for
3-11 distribution by a private carrier.
3-12 (20) [(19)] "Trailer" means a vehicle, other than a
3-13 pole trailer, with or without motive power:
3-14 (A) designed to be drawn by a motor vehicle and
3-15 to transport persons or property; and
3-16 (B) constructed so that no part of the vehicle's
3-17 weight and load rests on the motor vehicle.
3-18 (21) [(20)] "Truck" means a motor vehicle designed,
3-19 used, or maintained primarily to transport property.
3-20 (22) [(21)] "Truck tractor" means a motor vehicle
3-21 designed and used primarily to draw another vehicle but not
3-22 constructed to carry a load other than a part of the weight of the
3-23 other vehicle and its load.
3-24 (23) [(22)] "Vehicle" means a device that can be used
3-25 to transport or draw persons or property on a highway. The term
3-26 does not include:
4-1 (A) a device exclusively used on stationary
4-2 rails or tracks; or
4-3 (B) manufactured housing as that term is defined
4-4 by the Texas Manufactured Housing Standards Act (Article 5221f,
4-5 Vernon's Texas Civil Statutes).
4-6 SECTION 2. Subsection (c), Section 545.352, Transportation
4-7 Code, is amended to read as follows:
4-8 (c) The speed limits for a bus or other vehicle engaged in
4-9 the business of transporting passengers for compensation or hire,
4-10 for a commercial vehicle used as a highway post office vehicle for
4-11 highway post office service in the transportation of United States
4-12 mail, [and] for a light truck, and for a school activity bus are
4-13 the same as required for a passenger car at the same time and
4-14 location.
4-15 SECTION 3. Section 521.022, Transportation Code, is amended
4-16 by adding Subsection (i) to read as follows:
4-17 (i) For purposes of this section, "school bus" includes a
4-18 school activity bus as defined by Section 541.201.
4-19 SECTION 4. Section 548.001, Transportation Code, as amended
4-20 by Chapters 1061 and 1069, Acts of the 75th Legislature, Regular
4-21 Session, 1997, is amended to read as follows:
4-22 Sec. 548.001. Definitions. In this chapter:
4-23 (1) "Commercial motor vehicle" means a self-propelled
4-24 or towed vehicle, other than a farm vehicle with a gross weight,
4-25 registered weight, or gross weight rating of less than 48,000
4-26 pounds, that is used on a public highway to transport passengers or
5-1 cargo if:
5-2 (A) the vehicle, including a school activity bus
5-3 as defined in Section 541.201, or combination of vehicles has a
5-4 gross weight, registered weight, or gross weight rating of more
5-5 than 26,000 pounds;
5-6 (B) the vehicle, including a school activity bus
5-7 as defined in Section 541.201, is designed to transport more than
5-8 15 passengers, including the driver; or
5-9 (C) the vehicle is used to transport hazardous
5-10 materials in a quantity requiring placarding by a regulation issued
5-11 under the Hazardous Materials Transportation Act (49 U.S.C. Section
5-12 1801 et seq.).
5-13 (2) "Commission" means the Public Safety Commission.
5-14 (3) "Conservation commission" means the Texas Natural
5-15 Resource Conservation Commission.
5-16 (4) "Department" means the Department of Public
5-17 Safety.
5-18 (5) "Farm vehicle" has the meaning assigned by the
5-19 federal motor carrier safety regulations.
5-20 (6) "Federal motor carrier safety regulation" has the
5-21 meaning assigned by Section 644.001.
5-22 (7) "Inspection station" means a facility certified to
5-23 conduct inspections of vehicles under this chapter.
5-24 (8) "Inspector" means an individual certified to
5-25 conduct inspections of vehicles under this chapter.
5-26 (9) "Nonattainment area" means an area so designated
6-1 within the meaning of Section 107(d) of the Clean Air Act (42
6-2 U.S.C. Section 7407).
6-3 SECTION 5. Subsection (b), Section 548.201, Transportation
6-4 Code, is amended to read as follows:
6-5 (b) A program under this section also applies to any:
6-6 (1) vehicle or combination of vehicles with a gross
6-7 weight rating of more than 10,000 pounds that is[:]
6-8 [(1)] operated in interstate commerce[;] and
6-9 [(2)] registered in this state; and
6-10 (2) any school activity bus, as defined in Section
6-11 541.201, that has a gross weight, registered weight, or gross
6-12 weight rating of more than 26,000 pounds, or is designed to
6-13 transport more than 15 passengers, including the driver.
6-14 SECTION 6. The importance of this legislation and the
6-15 crowded condition of the calendars in both houses create an
6-16 emergency and an imperative public necessity that the
6-17 constitutional rule requiring bills to be read on three several
6-18 days in each house be suspended, and this rule is hereby suspended,
6-19 and that this Act take effect and be in force from and after its
6-20 passage, and it is so enacted.
6-21 COMMITTEE AMENDMENT NO. 1
6-22 Amend S.B. 836 by adding a new Section 6 and renumbering as
6-23 appropriate:
6-24 SECTION 6. Section 547.701, Transportation Code, is amended
6-25 to read as follows:
6-26 (a) A person may not operate a school bus to transport
7-1 students on a school bus route unless the bus as referenced in
7-2 Section 547.7015:
7-3 (1) meets or exceeds state specifications for school
7-4 buses effective during the year of vehicle manufacture;
7-5 (2) is equipped with signal lamps that:
7-6 (A) are mounted as high and as widely spaced
7-7 laterally as practicable;
7-8 (B) display four alternately flashing red
7-9 lights, two located on the front at the same level and two located
7-10 on the rear at the same level;
7-11 (C) display four alternately flashing amber
7-12 lights, two located on the front at the same level and two located
7-13 on the rear at the same level; and
7-14 (D) emit a light visible at a distance of 500
7-15 feet in normal sunlight;
7-16 (3) is maintained to meet or exceed applicable state
7-17 inspection requirements; and
7-18 (4) if modified, is modified in a manner that meets or
7-19 exceeds applicable state specifications for school buses effective
7-20 during the year the bus is modified.
7-21 [A school bus shall be equipped with:]
7-22 [(1) A convex mirror or other device that reflects to
7-23 the school bus operator a clear view of the area immediately in
7-24 front of the vehicle that would otherwise be hidden from view; and]
7-25 [(2) Signal lamps that:]
7-26 [(A) are mounted as high and as widely spaced
8-1 laterally as practicable;]
8-2 [(B) display four alternately flashing red
8-3 lights, two located on the front at the same level and two located
8-4 on the rear at the same level; and]
8-5 [(C) emit a light visible at a distance of 500
8-6 feet in normal sunlight.]
8-7 (b) Subsection (a)(1) does not apply to a school bus used to
8-8 transport students on a school related activity trip but a person
8-9 may not operate a school bus to transport students on a school
8-10 related activity trip unless the bus meets or exceeds federal motor
8-11 vehicle safety standards effective during the year of vehicle
8-12 manufacture and state inspection requirements if modified, is
8-13 modified in a manner that meets or exceeds applicable state
8-14 specifications for school buses effective during the year the bus
8-15 is modified.
8-16 (c) A person may not operate a school bus to transport
8-17 students unless the bus accessories:
8-18 (1) meet or exceed state specifications as referenced
8-19 in Section 547.7015 for school bus accessories effective during the
8-20 year of accessory installation;
8-21 (2) include a convex mirror that reflects to the bus
8-22 operator a clear view of the area immediately in front of the
8-23 vehicle that would otherwise be hidden from view;
8-24 (3) are maintained to meet or exceed applicable state
8-25 inspection requirements; and
8-26 (4) if modified, are modified in a manner that meets
9-1 or exceeds applicable state specifications for the accessory
9-2 effective during the year the accessory is modified.
9-3 [(b)] (d) A school bus may be equipped with:
9-4 (1) rooftop warning lamps:
9-5 (A) that conform to and are placed on the bus in
9-6 accordance with specifications adopted under Section 34.002,
9-7 Education Code; and
9-8 (B) that may be operated only during inclement
9-9 weather when the bus is stopping or is stopped to load or unload
9-10 students; and
9-11 (2) movable stop arms:
9-12 (A) that conform to regulations adopted under
9-13 Section 34.002, Education Code; and
9-14 (B) that may be operated only when the bus is
9-15 stopped to load and unload students.
9-16 [(c)] (e) When a school bus is being stopped or is stopped
9-17 on a highway to permit students to board or exit the bus, the
9-18 operator of the bus shall activate all flashing warning signal
9-19 lights and other equipment on the bus designed to warn other
9-20 drivers that the bus is stopping to load or unload children. A
9-21 person may not operate such a light or other equipment except when
9-22 the bus is being stopped or is stopped on a highway to permit
9-23 students to board or exit the bus.
9-24 [(d)] (f) The exterior of a school bus may not bear
9-25 advertising or another paid announcement directed at the public if
9-26 the advertising or announcement distracts from the effectiveness of
10-1 required safety warning equipment. The department shall adopt
10-2 rules to implement this subsection. A school bus that violates
10-3 this section or rules adopted under this section shall be placed
10-4 out of service until it complies.
10-5 (g) The department is authorized to inspect buses and
10-6 vehicles for compliance with this section.
10-7 (h) For purposes of this section, "person" means an
10-8 individual, firm, partnership, association, corporation, school
10-9 district, county school, open enrollment charter school, regional
10-10 education services center, a shared service arrangement, or any
10-11 other governmental entity.
10-12 (i) An offense under this subsection is a misdemeanor
10-13 punishable by a fine of not less than $200 or more than $1,000 to
10-14 the owner of the bus.
10-15 Alexander