SRC-BWC S.B. 890 77(R) BILL ANALYSIS
Senate Research Center S.B. 890
77R7185 JD-FBy: Ogden
Criminal Justice
3/26/2001
As Filed
DIGEST AND PURPOSE
The federal Motor Vehicle Safety Act of 1999 requires that states implement
changes to the commercial driver licensing program (program) in order to
continue issuing commercial drivers licenses (CDL). As proposed, S.B. 890
addresses the required changes to the program. The aspects of this bill
include a school bus endorsement, an increase in serious traffic
violations, an increase in disqualifying actions, and the elimination of a
driver safety course for CDL holders.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Article 45.0511(a), Code of Criminal Procedure, to
provide that, except as provided by this subsection, this article applies
to an alleged offense involving the operation of a motor vehicle and
supplements Article 45.051. Provides that this article does not apply to
certain types of offenses. Makes nonsubstantive changes.
SECTION 2. Amends Chapter 45B, Code of Criminal Procedure, by adding
Article 45.0512, as follows:
Art. 45.0512. NONAPPLICABILITY OF ARTICLE 45.051. Defines "commercial
driver's license" and "commercial motor vehicle." Provides that Article
45.051 does not apply to certain types of offenses.
SECTION 3. Amends Section 521.242, Transportation Code, to prohibit a
court from granting an occupational license for the operation of a
commercial motor vehicle to which Chapter 522 applies. Makes a
nonsubstantive change.
SECTION 4. Amends Sections 522.003(12), (23), and (25), Transportation
Code, to redefine "driver's license," "out-of-service order," and "serious
traffic violation."
SECTION 5. Amends Section 522.011, Transportation Code, to provide that it
is a defense to prosecution under Subsection (a) (1) (A) if the person
charged produces in court a commercial driver's license that meets certain
requirements.
SECTION 6. Amends Sections 522.012(b)-(d), Transportation Code, to provide
that, in granting a waiver under this section, the Texas Department of
Transportation (department) is subject to any condition or requirement
established for the waiver by the United States secretary of transportation
or the federal Motor Carrier Safety Administration, rather than highway
administration. Makes conforming changes.
SECTION 7. Amends Section 522.021(a), Transportation Code, to require an
application for a commercial driver's license or commercial driver
learner's permit to include 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.
SECTION 8. Amends Section 522.042(a), Transportation Code, to authorize
the department to issue a commercial driver's license with endorsements
authorizing the driving of a school bus, as defined by Section 541.201.
SECTION 9. Amends Section 522.062(a), Transportation Code, to require the
department, if a person holds a commercial driver's license issued by
another state and is finally convicted of a violation of a state traffic
law or local traffic ordinance that was committed in a commercial motor
vehicle, to notify the driver's licensing authority in the issuing, rather
than licensing, state of that conviction, in the time and manner required
by 49 U.S.C. Section 31311. Deletes text regarding the date the department
receives a report of conviction. Deletes text regarding a domicile. Makes
nonsubstantive changes.
SECTION 10. Amends Sections 522.081(a) and (b), Transportation Code, to
provide that this subsection applies only to a violation committed while
operating a commercial motor vehicle. Provides that a person is
disqualified from driving a commercial motor vehicle for a certain number
of days for committing certain violations of law. Provides that a person
is disqualified from driving a commercial motor vehicle for one year on
first conviction of causing the death of another person through the
negligent or criminal operation of a commercial motor vehicle or 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. Makes a nonsubstantive change.
SECTION 11. Amends Sections 522.087(a) and (b), Transportation Code, to
provide that a person is automatically disqualified under certain
subsections within Section 522.081. Prohibits an appeal from being taken
from the disqualification. Provides that disqualifying a person under
certain subsections within Section 522.081, other than a certain
subdivision, is subject to the notice and hearing procedures of Section
521.295-521.303. Provides that an appeal of the disqualification is
subject to Section 521.308.
SECTION 12. Amends Section 522.102, Transportation Code, to provide that
this section and Section 522.103 apply only to a person who is stopped or
detained while driving a commercial motor vehicle.
SECTION 13. Amends Section 522.103, Transportation Code, to provide that a
peace officer requesting a person to submit a specimen under Section
522.102 is not required to comply with Section 724.015.
SECTION 14. Repealer: Section 522.003(20)(Definitions), Transportation
Code.
SECTION 15. Effective date: September 1, 2001.
(b)-(h) Makes application of this Act prospective.