R E S O L U T I O N
 1-1           BE IT RESOLVED by the House of Representatives of the State
 1-2     of Texas, 77th Legislature, Regular Session, 2001, That House Rule
 1-3     13, Section 9(a), be suspended in part as provided by House Rule
 1-4     13, Section 9(f), to enable the conference committee appointed to
 1-5     resolve the differences on Senate Bill No. 886, relating to motor
 1-6     vehicle size and weight limitations; providing penalties, to
 1-7     consider and take action on the following matter:
 1-8           House Rule 13, Section (9)(a)(4), is suspended to permit the
 1-9     committee to add the following new sections to the bill:
1-10           SECTION ___.  Section 521.242, Transportation Code, is
1-11     amended by amending Subsection (b) and adding Subsection (f) to
1-12     read as follows:
1-13           (b)  A person may apply for an occupational license by filing
1-14     a verified petition only with the clerk of the county court or
1-15     district court in which the person was convicted if:
1-16                 (1)  the person's license has been automatically
1-17     suspended or canceled under this chapter [or Chapter 522] for a
1-18     conviction of an offense under the laws of this state; and
1-19                 (2)  the person has not been issued, in the 10 years
1-20     preceding the date of the filing of the petition, more than one
1-21     occupational license after a conviction under the laws of this
1-22     state.
1-23           (f)  A court may not grant an occupational license for the
1-24     operation of a commercial motor vehicle to which Chapter 522
 2-1     applies.
 2-2           SECTION ___.  Subdivisions (12), (23), and (25), Section
 2-3     522.003, Transportation Code, are amended to read as follows:
 2-4                 (12)  "Driver's license" has the meaning assigned by
 2-5     Section 521.001 [means a license issued by a state to an individual
 2-6     that authorizes the individual to drive a motor vehicle].
 2-7                 (23)  "Out-of-service order" means:
 2-8                       (A)  a temporary prohibition against driving a
 2-9     commercial motor vehicle issued under Section 522.101, the law of
2-10     another state, or 49 C.F.R. Section 383.5; or
2-11                       (B)  a declaration by the Federal Motor Carrier
2-12     Safety Administration [highway administration] or an authorized
2-13     enforcement officer of a state or local jurisdiction that a driver,
2-14     commercial motor vehicle, or motor carrier operation is out of
2-15     service under 49 C.F.R. Section 383.5.
2-16                 (25)  "Serious traffic violation" means a conviction
2-17     arising from the driving of a commercial motor vehicle, other than
2-18     a parking, vehicle weight, or vehicle defect violation, for:
2-19                       (A)  excessive speeding, involving a single
2-20     charge of driving 15 miles per hour or more above the posted speed
2-21     limit;
2-22                       (B)  reckless driving, as defined by state or
2-23     local law;
2-24                       (C)  a violation of a state or local law related
2-25     to motor vehicle traffic control, including a law regulating the
2-26     operation of vehicles on highways, arising in connection with a
2-27     fatal accident;
 3-1                       (D)  improper or erratic traffic lane change;
 3-2     [or]
 3-3                       (E)  following the vehicle ahead too closely; or
 3-4                       (F)  operating a commercial motor vehicle in
 3-5     violation of Section 522.011 or 522.015.
 3-6           SECTION ___.  Section 522.011, Transportation Code, is
 3-7     amended by adding Subsection (d) to read as follows:
 3-8           (d)  It is a defense to prosecution under Subsection
 3-9     (a)(1)(A) if the person charged produces in court a commercial
3-10     driver's license that:
3-11                 (1)  was issued to the person;
3-12                 (2)  is appropriate for the class of vehicle being
3-13     driven; and
3-14                 (3)  was valid when the offense was committed.
3-15           SECTION ___.  Subsections (b), (c), and (d), Section 522.012,
3-16     Transportation Code, are amended to read as follows:
3-17           (b)  In granting a waiver under this section, the department
3-18     is subject to any condition or requirement established for the
3-19     waiver by the secretary or the Federal Motor Carrier Safety
3-20     Administration [highway administration].
3-21           (c)  In addition to any restriction or limitation imposed by
3-22     this chapter or the department, a restricted commercial driver's
3-23     license issued under this section is subject to any restriction or
3-24     limitation imposed by the secretary or the Federal Motor Carrier
3-25     Safety Administration [highway administration].
3-26           (d)  In this section, "farm-related service industry" has the
3-27     meaning assigned by the secretary or the Federal Motor Carrier
 4-1     Safety Administration [highway administration] under the federal
 4-2     act.
 4-3           SECTION ___.  Subsection (a), Section 522.021, Transportation
 4-4     Code, is amended to read as follows:
 4-5           (a)  An application for a commercial driver's license or
 4-6     commercial driver learner's permit must include:
 4-7                 (1)  the full name and current residence and mailing
 4-8     address of the applicant;
 4-9                 (2)  a physical description of the applicant, including
4-10     sex, height, and eye color;
4-11                 (3)  the applicant's date of birth;
4-12                 (4)  the applicant's social security number, unless the
4-13     application is for a nonresident commercial driver's license and
4-14     the applicant is a resident of a foreign jurisdiction;
4-15                 (5)  certifications, including those required by 49
4-16     C.F.R. Section 383.71(a); and
4-17                 (6)  any other information required by the department.
4-18           SECTION ___.  Subsection (a), Section 522.042, Transportation
4-19     Code, is amended to read as follows:
4-20           (a)  The department may issue a commercial driver's license
4-21     with endorsements:
4-22                 (1)  authorizing the driving of a vehicle transporting
4-23     hazardous materials;
4-24                 (2)  authorizing the towing of a double or triple
4-25     trailer or a trailer over a specified weight;
4-26                 (3)  authorizing the driving of a vehicle carrying
4-27     passengers;
 5-1                 (4)  authorizing the driving of a tank vehicle; [or]
 5-2                 (5)  representing a combination of hazardous materials
 5-3     and tank vehicle endorsements; or
 5-4                 (6)  authorizing the driving of a school bus, as
 5-5     defined by Section 541.201.
 5-6           SECTION ___.  Subsection (a), Section 522.062, Transportation
 5-7     Code, is amended to read as follows:
 5-8           (a)  If [Not later than the 10th day after the date the
 5-9     department receives a report of a conviction of] a person holds a
5-10     commercial driver's license issued by [who has a domicile in]
5-11     another state and is finally convicted of [or in a foreign
5-12     jurisdiction for] a violation of a state traffic law or local
5-13     traffic ordinance [relating to motor vehicle traffic control,
5-14     including a law regulating the operation of vehicles on highways,]
5-15     that was committed in a commercial motor vehicle, the department
5-16     shall notify the driver's licensing authority in the issuing
5-17     [licensing] state of that [the] conviction, in the time and manner
5-18     required by 49 U.S.C. Section 31311.
5-19           SECTION ___.  The heading to Section 522.072, Transportation
5-20     Code, is amended to read as follows:      
5-21           Sec. 522.072.  EMPLOYER RESPONSIBILITIES [PERMITTING
5-22     UNAUTHORIZED DRIVING PROHIBITED].
5-23           SECTION ___.  Subsection (b), Section 522.072, Transportation
5-24     Code, is amended to read as follows:
5-25           (b)  An employer may not knowingly require a driver to
5-26     operate a commercial motor vehicle in violation of a federal,
5-27     state, or local law that regulates the operation of a motor vehicle
 6-1     at a railroad grade crossing.
 6-2           (c)  In addition to any penalty imposed under this chapter,
 6-3     an employer who violates this section [Subsection (a)  or an
 6-4     out-of-service order] may be penalized or disqualified under 49
 6-5     C.F.R. Part 383.
 6-6           SECTION ___.  Subsections (a) and (b), Section 522.081,
 6-7     Transportation Code, are amended to read as follows:
 6-8           (a)  This subsection applies only to a violation committed
 6-9     while operating a commercial motor vehicle.  A person is
6-10     disqualified from driving a commercial motor vehicle for:
6-11                 (1)  60 days if convicted of:
6-12                       (A)  two serious traffic violations that occur
6-13     within a three-year period; or
6-14                       (B)  one violation of a law that regulates the
6-15     operation of a motor vehicle at a railroad grade crossing;
6-16                 (2)  [, or] 120 days if convicted of:
6-17                       (A)  three serious traffic violations[, committed
6-18     in a commercial motor vehicle] arising from separate incidents
6-19     occurring within a three-year period; or
6-20                       (B)  two violations of a law that regulates the
6-21     operation of a motor vehicle at a railroad grade crossing that
6-22     occur within a three-year period; or
6-23                 (3)  one year if convicted of three violations of a law
6-24     that regulates the operation of a motor vehicle at a railroad grade
6-25     crossing that occur within a three-year period.
6-26           (b)  A person is disqualified from driving a commercial motor
6-27     vehicle for one year on first conviction of:
 7-1                 (1)  driving a commercial motor vehicle under the
 7-2     influence of alcohol or a controlled substance, including a
 7-3     violation of Section 49.04 or 49.07, Penal Code;
 7-4                 (2)  driving a commercial motor vehicle while the
 7-5     person's alcohol concentration was 0.04 or more;
 7-6                 (3)  intentionally leaving the scene of an accident
 7-7     involving a commercial motor vehicle driven by the person;
 7-8                 (4)  using a commercial motor vehicle in the commission
 7-9     of a felony, other than a felony described by Subsection (d)(2);
7-10     [or]
7-11                 (5)  refusing to submit to a test to determine the
7-12     person's alcohol concentration or the presence in the person's body
7-13     of a controlled substance or drug while driving a commercial motor
7-14     vehicle;
7-15                 (6)  causing the death of another person through the
7-16     negligent or criminal operation of a commercial motor vehicle; or
7-17                 (7)  driving a commercial motor vehicle while the
7-18     person's commercial driver's license is revoked, suspended, or
7-19     canceled, or while the person is disqualified from driving a
7-20     commercial motor vehicle, for an action or conduct that occurred
7-21     while operating a commercial motor vehicle.
7-22           SECTION ___.  Subsections (a) and (b), Section 522.087,
7-23     Transportation Code, are amended to read as follows:
7-24           (a)  A person is automatically disqualified under Section
7-25     522.081(a)(1)(B), Section 522.081(b)(1), (3), [or] (4), (6), or
7-26     (7), or Section 522.081(d)(2).  An appeal may not be taken from the
7-27     disqualification.
 8-1           (b)  Disqualifying a person under Section 522.081(a), other
 8-2     than under Subdivision (1)(B) of that subsection or Section
 8-3     522.081(d)(1) is subject to the notice and hearing procedures of
 8-4     Sections 521.295-521.303.  An appeal of the disqualification is
 8-5     subject to Section 521.308.
 8-6           SECTION ___.  Section 522.102, Transportation Code, is
 8-7     amended by adding Subsection (c) to read as follows:
 8-8           (c)  This section and Section 522.103 apply only to a person
 8-9     who is stopped or detained while driving a commercial motor
8-10     vehicle.
8-11           SECTION ___.  Section 522.103, Transportation Code, is
8-12     amended to read as follows:
8-13           Sec. 522.103.  WARNING BY PEACE OFFICER.  (a)  A peace
8-14     officer requesting a person to submit a specimen under Section
8-15     522.102 shall warn the person that a refusal to submit a specimen
8-16     will result in the person's being immediately placed out of service
8-17     for 24 hours and being disqualified from driving a commercial motor
8-18     vehicle for at least one year under Section 522.081.
8-19           (b)  A peace officer requesting a person to submit a specimen
8-20     under Section 522.102 is not required to comply with Section
8-21     724.015.
8-22           SECTION ___.  Subdivision (20), Section 522.003,
8-23     Transportation Code, is repealed.
8-24           SECTION ___.  (a)  This Act takes effect September 1, 2001.
8-25           (b)  Subsection (d), Section 522.011, Transportation Code, as
8-26     added by this Act, applies only to an offense committed on or after
8-27     the effective date of this Act.  An offense committed before the
 9-1     effective date of this Act is governed by the law in effect on the
 9-2     date the offense was committed, and the former law is continued in
 9-3     effect for that purpose.
 9-4           (c)  Subsection (a), Section 522.021, Transportation Code, as
 9-5     amended by this Act, applies only to an application for a
 9-6     commercial driver's license that is filed on or after the effective
 9-7     date of this Act.  An application for a commercial driver's license
 9-8     that was filed before the effective date of this Act is governed by
 9-9     the law in effect immediately before the effective date of this
9-10     Act, and the former law is continued in effect for that purpose.
9-11           (d)  Subsection (a), Section 522.062, Transportation Code, as
9-12     amended by this Act, applies only to an offense committed on or
9-13     after the effective date of this Act.  An offense committed before
9-14     the effective date of this Act is governed by the law in effect
9-15     immediately before the effective date of this Act, and the former
9-16     law is continued in effect for that purpose.
9-17           (e)  Section 522.081, Transportation Code, as amended by this
9-18     Act, applies only to an offense committed on or after the effective
9-19     date of this Act.  An offense committed before the effective date
9-20     of this Act is governed by the law in effect immediately before the
9-21     effective date of this Act, and the former law is continued in
9-22     effect for that purpose.
9-23           (f)  Section 522.087, Transportation Code, as amended by this
9-24     Act, applies only to a disqualification that is issued under
9-25     Chapter 522, Transportation Code, on or after the effective date of
9-26     this Act.  A disqualification that is issued under that chapter
9-27     before the effective date of this Act is governed by the law in
 10-1    effect on the date the disqualification was issued, and the former
 10-2    law is continued in effect for that purpose.
 10-3          (g)  Sections 522.102 and 522.103, Transportation Code, as
 10-4    amended by this Act, apply only to an offense committed on or after
 10-5    the effective date of this Act.  An offense committed before the
 10-6    effective date of this Act is governed by the law in effect
 10-7    immediately before the effective date of this Act, and the former
 10-8    law is continued in effect for that purpose.
 10-9          Explanation: This addition is necessary to address the
10-10    changes to the commercial driver licensing program required by the
10-11    passage of the federal Motor Vehicle Safety Act of 1999.
                                                                     Gallego
                                             _______________________________
                                                   Speaker of the House
               I certify that H.R. No. 1353 was adopted by the House on May
         27, 2001, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House