Amend SB 886 on third reading by adding the following new
SECTIONS to the bill, appropriately numbered, and renumbering
subsequent SECTIONS accordingly:
SECTION ___. Subsection (a), Article 45.0511, Code of
Criminal Procedure, is amended to read as follows:
(a) Except as provided by this subsection, this <This>
article applies to an alleged offense involving the operation of a
motor vehicle and supplements Article 45.051. This article does
not apply to an offense that:
(1) involved the operation of <other than> a
commercial motor vehicle, as defined by Section 522.003,
Transportation Code; or
(2) was committed by a person who:
(A) held a commercial driver's license as
defined by Section 522.003, Transportation Code, at the time of the
offense; or
(B) holds a commercial driver's license when:
(i) the person's plea is entered under
Article 45.051; or
(ii) the finding of guilt is made under
that article<, and supplements Article 45.051>.
SECTION ____. Subchapter B, Chapter 45, Code of Criminal
Procedure, is amended by adding Article 45.0512 to read as follows:
Art. 45.0512. NONAPPLICABILITY OF ARTICLE 45.051. (a) In
this article, "commercial driver's license" and "commercial motor
vehicle" have the meanings assigned by Section 522.003,
Transportation Code.
(b) Article 45.051 does not apply to an offense that:
(1) involved the operation of a commercial motor
vehicle; or
(2) was committed by a person who:
(A) held a commercial driver's license at the
time of the offense; or
(B) holds a commercial driver's license when:
(i) the person's plea is entered under
Article 45.051; or
(ii) the finding of guilt is made under
that article.
SECTION ____. Section 521.242, Transportation Code, is
amended by amending Subsection (b) and adding Subsection (f) to
read as follows:
(b) A person may apply for an occupational license by filing
a verified petition only with the clerk of the county court or
district court in which the person was convicted if:
(1) the person's license has been automatically
suspended or canceled under this chapter <or Chapter 522> for a
conviction of an offense under the laws of this state; and
(2) the person has not been issued, in the 10 years
preceding the date of the filing of the petition, more than one
occupational license after a conviction under the laws of this
state.
(f) A court may not grant an occupational license for the
operation of a commercial motor vehicle to which Chapter 522
applies.
SECTION ____. Subdivisions (12), (23), and (25), Section
522.003, Transportation Code, are amended to read as follows:
(12) "Driver's license" has the meaning assigned by
Section 521.001 <means a license issued by a state to an individual
that authorizes the individual to drive a motor vehicle>.
(23) "Out-of-service order" means:
(A) a temporary prohibition against driving a
commercial motor vehicle issued under Section 522.101, the law of
another state, or 49 C.F.R. Section 383.5; or
(B) a declaration by the Federal Motor Carrier
Safety Administration <highway administration> or an authorized
enforcement officer of a state or local jurisdiction that a driver,
commercial motor vehicle, or motor carrier operation is out of
service under 49 C.F.R. Section 383.5.
(25) "Serious traffic violation" means a conviction
arising from the driving of a commercial motor vehicle, other than
a parking, vehicle weight, or vehicle defect violation, for:
(A) excessive speeding, involving a single
charge of driving 15 miles per hour or more above the posted speed
limit;
(B) reckless driving, as defined by state or
local law;
(C) a violation of a state or local law related
to motor vehicle traffic control, including a law regulating the
operation of vehicles on highways, arising in connection with a
fatal accident;
(D) improper or erratic traffic lane change;
<or>
(E) following the vehicle ahead too closely; or
(F) operating a commercial motor vehicle in
violation of Section 522.011 or 522.015.
SECTION ____. Section 522.011, Transportation Code, is
amended by adding Subsection (d) to read as follows:
(d) It is a defense to prosecution under Subsection
(a)(1)(A) if the person charged produces in court a commercial
driver's license that:
(1) was issued to the person;
(2) is appropriate for the class of vehicle being
driven; and
(3) was valid when the offense was committed.
SECTION ____. Subsections (b), (c), and (d), Section
522.012, Transportation Code, are amended to read as follows:
(b) In granting a waiver under this section, the department
is subject to any condition or requirement established for the
waiver by the secretary or the Federal Motor Carrier Safety
Administration <highway administration>.
(c) In addition to any restriction or limitation imposed by
this chapter or the department, a restricted commercial driver's
license issued under this section is subject to any restriction or
limitation imposed by the secretary or the Federal Motor Carrier
Safety Administration <highway administration>.
(d) In this section, "farm-related service industry" has the
meaning assigned by the secretary or the Federal Motor Carrier
Safety Administration <highway administration> under the federal
act.
SECTION ____. Subsection (a), Section 522.021,
Transportation Code, is amended to read as follows:
(a) An application for a commercial driver's license or
commercial driver learner's permit must include:
(1) the full name and current residence and mailing
address of the applicant;
(2) a physical description of the applicant, including
sex, height, and eye color;
(3) the applicant's date of birth;
(4) the applicant's social security number, unless the
application is for a nonresident commercial driver's license and
the applicant is a resident of a foreign jurisdiction;
(5) certifications, including those required by 49
C.F.R. Section 383.71(a); and
(6) any other information required by the department.
SECTION ____. Subsection (a), Section 522.042,
Transportation Code, is amended to read as follows:
(a) The department may issue a commercial driver's license
with endorsements:
(1) authorizing the driving of a vehicle transporting
hazardous materials;
(2) authorizing the towing of a double or triple
trailer or a trailer over a specified weight;
(3) authorizing the driving of a vehicle carrying
passengers;
(4) authorizing the driving of a tank vehicle; <or>
(5) representing a combination of hazardous materials
and tank vehicle endorsements; or
(6) authorizing the driving of a school bus, as
defined by Section 541.201.
SECTION ____. Subsection (a), Section 522.062,
Transportation Code, is amended to read as follows:
(a) If <Not later than the 10th day after the date the
department receives a report of a conviction of> a person holds a
commercial driver's license issued by <who has a domicile in>
another state and is finally convicted of <or in a foreign
jurisdiction for> a violation of a state traffic law or local
traffic ordinance <relating to motor vehicle traffic control,
including a law regulating the operation of vehicles on highways,>
that was committed in a commercial motor vehicle, the department
shall notify the driver's licensing authority in the issuing
<licensing> state of that <the> conviction, in the time and manner
required by 49 U.S.C. Section 31311.
SECTION ____. The heading to Section 522.072, Transportation
Code, is amended to read as follows:
Sec. 522.072. EMPLOYER RESPONSIBILITIES <PERMITTING
UNAUTHORIZED DRIVING PROHIBITED>.
SECTION ____. Subsection (b), Section 522.072,
Transportation Code, is amended to read as follows:
(b) An employer may not knowingly require a driver to
operate a commercial motor vehicle in violation of a federal,
state, or local law that regulates the operation of a motor vehicle
at a railroad grade crossing.
(c) In addition to any penalty imposed under this chapter,
an employer who violates this section <Subsection (a) or an
out-of-service order> may be penalized or disqualified under 49
C.F.R. Part 383.
SECTION ____. Subsections (a) and (b), Section 522.081,
Transportation Code, are amended to read as follows:
(a) This subsection applies only to a violation committed
while operating a commercial motor vehicle. A person is
disqualified from driving a commercial motor vehicle for:
(1) 60 days if convicted of:
(A) two serious traffic violations that occur
within a three-year period; or
(B) one violation of a law that regulates the
operation of a motor vehicle at a railroad grade crossing;
(2) <, or> 120 days if convicted of:
(A) three serious traffic violations<, committed
in a commercial motor vehicle> arising from separate incidents
occurring within a three-year period; or
(B) two violations of a law that regulates the
operation of a motor vehicle at a railroad grade crossing that
occur within a three-year period; or
(3) one year if convicted of three violations of a law
that regulates the operation of a motor vehicle at a railroad grade
crossing that occur within a three-year period.
(b) A person is disqualified from driving a commercial motor
vehicle for one year on first conviction of:
(1) driving a commercial motor vehicle under the
influence of alcohol or a controlled substance, including a
violation of Section 49.04 or 49.07, Penal Code;
(2) driving a commercial motor vehicle while the
person's alcohol concentration was 0.04 or more;
(3) intentionally leaving the scene of an accident
involving a commercial motor vehicle driven by the person;
(4) using a commercial motor vehicle in the commission
of a felony, other than a felony described by Subsection (d)(2);
<or>
(5) refusing to submit to a test to determine the
person's alcohol concentration or the presence in the person's body
of a controlled substance or drug while driving a commercial motor
vehicle;
(6) causing the death of another person through the
negligent or criminal operation of a commercial motor vehicle; or
(7) driving a commercial motor vehicle while the
person's commercial driver's license is revoked, suspended, or
canceled, or while the person is disqualified from driving a
commercial motor vehicle, for an action or conduct that occurred
while operating a commercial motor vehicle.
SECTION ____. Subsections (a) and (b), Section 522.087,
Transportation Code, are amended to read as follows:
(a) A person is automatically disqualified under Section
522.081(a)(1)(B), Section 522.081(b)(1), (3), <or> (4), (6), or
(7), or Section 522.081(d)(2). An appeal may not be taken from the
disqualification.
(b) Disqualifying a person under Section 522.081(a), other
than under Subdivision (1)(B) of that subsection, or Section
522.081 (d)(1) is subject to the notice and hearing procedures of
Sections 521.295-521.303. An appeal of the disqualification is
subject to Section 521.308.
SECTION ____. Section 522.102, Transportation Code, is
amended by adding Subsection (c) to read as follows:
(c) This section and Section 522.103 apply only to a person
who is stopped or detained while driving a commercial motor
vehicle.
SECTION ____. Section 522.103, Transportation Code, is
amended to read as follows:
Sec. 522.103. WARNING BY PEACE OFFICER. (a) A peace officer
requesting a person to submit a specimen under Section 522.102
shall warn the person that a refusal to submit a specimen will
result in the person's being immediately placed out of service for
24 hours and being disqualified from driving a commercial motor
vehicle for at least one year under Section 522.081.
(b) A peace officer requesting a person to submit a specimen
under Section 522.102 is not required to comply with Section
724.015.
SECTION ____. Subdivision (20), Section 522.003,
Transportation Code, is repealed.
SECTION ____. (a) Subsection (a), Article 45.0511, Code of
Criminal Procedure, as amended by this Act, and Article 45.0512,
Code of Criminal Procedure, as added by this Act, apply only to an
offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by those laws as they existed immediately before the effective date
of this Act, and the former laws are continued in effect for that
purpose.
(b) Subsection (d), Section 522.011, Transportation Code, as
added by this Act, applies only to an offense committed on or after
the effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose.
(c) Subsection (a), Section 522.021, Transportation Code, as
amended by this Act, applies only to an application for a
commercial driver's license that is filed on or after the effective
date of this Act. An application for a commercial driver's license
that was filed before the effective date of this Act is governed by
the law in effect immediately before the effective date of this
Act, and the former law is continued in effect for that purpose.
(d) Subsection (a), Section 522.062, Transportation Code, as
amended by this Act, applies only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is governed by the law in effect
immediately before the effective date of this Act, and the former
law is continued in effect for that purpose.
(e) Section 522.081, Transportation Code, as amended by this
Act, applies only to an offense committed on or after the effective
date of this Act. An offense committed before the effective date
of this Act is governed by the law in effect immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
(f) Section 522.087, Transportation Code, as amended by this
Act, applies only to a disqualification that is issued under
Chapter 522, Transportation Code, on or after the effective date of
this Act. A disqualification that is issued under that chapter
before the effective date of this Act is governed by the law in
effect on the date the disqualification was issued, and the former
law is continued in effect for that purpose.
(g) Sections 522.102 and 522.103, Transportation Code, as
amended by this Act, apply only to an offense committed on or after
the effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect
immediately before the effective date of this Act, and the former
law is continued in effect for that purpose.