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