By Gallego H.R. No. 1353
77R18018 JAT-D
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.