By:  Ogden                                             S.B. No. 890
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the operation of a commercial motor vehicle in this
 1-3     state.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subsection (a), Article 45.0511, Code of Criminal
 1-6     Procedure, is amended to read as follows:
 1-7           (a)  Except as provided by this subsection, this [This]
 1-8     article applies to an alleged offense involving the operation of a
 1-9     motor vehicle and supplements Article 45.051.  This article does
1-10     not apply to an offense that:
1-11                 (1)  involved the operation of [other than] a
1-12     commercial motor vehicle, as defined by Section 522.003,
1-13     Transportation Code; or
1-14                 (2)  was committed by a person who:
1-15                       (A)  held a commercial driver's license as
1-16     defined by Section 522.003, Transportation Code, at the time of the
1-17     offense; or
1-18                       (B)  holds a commercial driver's license when:
1-19                             (i)  the person's plea is entered under
1-20     Article 45.051; or
1-21                             (ii)  the finding of guilt is made under
1-22     that article[, and supplements Article 45.051].
1-23           SECTION 2.  Subchapter B, Chapter 45, Code of Criminal
1-24     Procedure, is amended by adding Article 45.0512 to read as follows:
1-25           Art. 45.0512.  NONAPPLICABILITY OF ARTICLE 45.051.  (a)  In
 2-1     this article, "commercial driver's license" and "commercial motor
 2-2     vehicle" have the meanings assigned by Section 522.003,
 2-3     Transportation Code.
 2-4           (b)  Article 45.051 does not apply to an offense that:
 2-5                 (1)  involved the operation of a commercial motor
 2-6     vehicle; or
 2-7                 (2)  was committed by a person who:
 2-8                       (A)  held a commercial driver's license at the
 2-9     time of the offense; or
2-10                       (B)  holds a commercial driver's license when:
2-11                             (i)  the person's plea is entered under
2-12     Article 45.051; or
2-13                             (ii)  the finding of guilt is made under
2-14     that article.
2-15           SECTION 3.  Section 521.242, Transportation Code, is amended
2-16     by amending Subsection (b) and adding Subsection (f) to read as
2-17     follows:
2-18           (b)  A person may apply for an occupational license by filing
2-19     a verified petition only with the clerk of the county court or
2-20     district court in which the person was convicted if:
2-21                 (1)  the person's license has been automatically
2-22     suspended or canceled under this chapter [or Chapter 522] for a
2-23     conviction of an offense under the laws of this state; and
2-24                 (2)  the person has not been issued, in the 10 years
2-25     preceding the date of the filing of the petition, more than one
2-26     occupational license after a conviction under the laws of this
 3-1     state.
 3-2           (f)  A court may not grant an occupational license for the
 3-3     operation of a commercial motor vehicle to which Chapter 522
 3-4     applies.
 3-5           SECTION 4.  Subdivisions (12), (23), and (25), Section
 3-6     522.003, Transportation Code, are amended to read as follows:
 3-7                 (12)  "Driver's license" has the meaning assigned by
 3-8     Section 521.001 [means a license issued by a state to an individual
 3-9     that authorizes the individual to drive a motor vehicle].
3-10                 (23)  "Out-of-service order" means:
3-11                       (A)  a temporary prohibition against driving a
3-12     commercial motor vehicle issued under Section 522.101, the law of
3-13     another state, or 49 C.F.R. Section 383.5; or
3-14                       (B)  a declaration by the Federal Motor Carrier
3-15     Safety Administration [highway administration] or an authorized
3-16     enforcement officer of a state or local jurisdiction that a driver,
3-17     commercial motor vehicle, or motor carrier operation is out of
3-18     service under 49 C.F.R. Section 383.5.
3-19                 (25)  "Serious traffic violation" means a conviction
3-20     arising from the driving of a commercial motor vehicle, other than
3-21     a parking, vehicle weight, or vehicle defect violation, for:
3-22                       (A)  excessive speeding, involving a single
3-23     charge of driving 15 miles per hour or more above the posted speed
3-24     limit;
3-25                       (B)  reckless driving, as defined by state or
3-26     local law;
 4-1                       (C)  a violation of a state or local law related
 4-2     to motor vehicle traffic control, including a law regulating the
 4-3     operation of vehicles on highways, arising in connection with a
 4-4     fatal accident;
 4-5                       (D)  improper or erratic traffic lane change;
 4-6     [or]
 4-7                       (E)  following the vehicle ahead too closely; or
 4-8                       (F)  operating a commercial motor vehicle in
 4-9     violation of Section 522.011 or 522.015.
4-10           SECTION 5.  Section 522.011, Transportation Code, is amended
4-11     by adding Subsection (d) to read as follows:
4-12           (d)  It is a defense to prosecution under Subsection
4-13     (a)(1)(A) if the person charged produces in court a commercial
4-14     driver's license that:
4-15                 (1)  was issued to the person;
4-16                 (2)  is appropriate for the class of vehicle being
4-17     driven; and
4-18                 (3)  was valid when the offense was committed.
4-19           SECTION 6.  Subsections (b), (c), and (d), Section 522.012,
4-20     Transportation Code, are amended to read as follows:
4-21           (b)  In granting a waiver under this section, the department
4-22     is subject to any condition or requirement established for the
4-23     waiver by the secretary or the Federal Motor Carrier Safety
4-24     Administration [highway administration].
4-25           (c)  In addition to any restriction or limitation imposed by
4-26     this chapter or the department, a restricted commercial driver's
 5-1     license issued under this section is subject to any restriction or
 5-2     limitation imposed by the secretary or the Federal Motor Carrier
 5-3     Safety Administration [highway administration].
 5-4           (d)  In this section, "farm-related service industry" has the
 5-5     meaning assigned by the secretary or the Federal Motor Carrier
 5-6     Safety Administration [highway administration] under the federal
 5-7     act.
 5-8           SECTION 7.  Subsection (a), Section 522.021, Transportation
 5-9     Code, is amended to read as follows:
5-10           (a)  An application for a commercial driver's license or
5-11     commercial driver learner's permit must include:
5-12                 (1)  the full name and current residence and mailing
5-13     address of the applicant;
5-14                 (2)  a physical description of the applicant, including
5-15     sex, height, and eye color;
5-16                 (3)  the applicant's date of birth;
5-17                 (4)  the applicant's social security number, unless the
5-18     application is for a nonresident commercial driver's license and
5-19     the applicant is a resident of a foreign jurisdiction;
5-20                 (5)  certifications, including those required by 49
5-21     C.F.R.  Section 383.71(a); and
5-22                 (6)  any other information required by the department.
5-23           SECTION 8.  Subsection (a), Section 522.042, Transportation
5-24     Code, is amended to read as follows:
5-25           (a)  The department may issue a commercial driver's license
5-26     with endorsements:
 6-1                 (1)  authorizing the driving of a vehicle transporting
 6-2     hazardous materials;
 6-3                 (2)  authorizing the towing of a double or triple
 6-4     trailer or a trailer over a specified weight;
 6-5                 (3)  authorizing the driving of a vehicle carrying
 6-6     passengers;
 6-7                 (4)  authorizing the driving of a tank vehicle; [or]
 6-8                 (5)  representing a combination of hazardous materials
 6-9     and tank vehicle endorsements; or
6-10                 (6)  authorizing the driving of a school bus, as
6-11     defined by Section 541.201.
6-12           SECTION 9.  Subsection (a), Section 522.062, Transportation
6-13     Code, is amended to read as follows:
6-14           (a)  If [Not later than the 10th day after the date the
6-15     department receives a report of a conviction of] a person holds a
6-16     commercial driver's license issued by [who has a domicile in]
6-17     another state and is finally convicted of [or in a foreign
6-18     jurisdiction for] a violation of a state traffic law or local
6-19     traffic ordinance [relating to motor vehicle traffic control,
6-20     including a law regulating the operation of vehicles on highways,]
6-21     that was committed in a commercial motor vehicle, the department
6-22     shall notify the driver's licensing authority in the issuing
6-23     [licensing] state of that [the] conviction, in the time and manner
6-24     required by 49 U.S.C. Section 31311.
6-25           SECTION 10.  The heading to Section 522.072, Transportation
6-26     Code, is amended to read as follows:      
 7-1           Sec. 522.072.  EMPLOYER RESPONSIBILITIES [PERMITTING
 7-2     UNAUTHORIZED DRIVING PROHIBITED].
 7-3           SECTION 11.  Subsection (b), Section 522.072, Transportation
 7-4     Code, is amended to read as follows:
 7-5           (b)  An employer may not knowingly require a driver to
 7-6     operate a commercial motor vehicle in violation of a federal,
 7-7     state, or local law that regulates the operation of a motor vehicle
 7-8     at a railroad grade crossing.
 7-9           (c)  In addition to any penalty imposed under this chapter,
7-10     an employer who violates this section [Subsection (a)  or an
7-11     out-of-service order] may be penalized or disqualified under 49
7-12     C.F.R. Part 383.
7-13           SECTION 12.  Subsections (a) and (b), Section 522.081,
7-14     Transportation Code, are amended to read as follows:
7-15           (a)  This subsection applies only to a violation committed
7-16     while operating a commercial motor vehicle.  A person is
7-17     disqualified from driving a commercial motor vehicle for:
7-18                 (1)  60 days if convicted of:
7-19                       (A)  two serious traffic violations that occur
7-20     within a three-year period; or
7-21                       (B)  one violation of a law that regulates the
7-22     operation of a motor vehicle at a railroad grade crossing;
7-23                 (2)  [, or] 120 days if convicted of:
7-24                       (A)  three serious traffic violations[, committed
7-25     in a commercial motor vehicle] arising from separate incidents
7-26     occurring within a three-year period; or
 8-1                       (B)  two violations of a law that regulates the
 8-2     operation of a motor vehicle at a railroad grade crossing that
 8-3     occur within a three-year period; or
 8-4                 (3)  one year if convicted of three violations of a law
 8-5     that regulates the operation of a motor vehicle at a railroad grade
 8-6     crossing that occur within a three-year period.
 8-7           (b)  A person is disqualified from driving a commercial motor
 8-8     vehicle for one year on first conviction of:
 8-9                 (1)  driving a commercial motor vehicle under the
8-10     influence of alcohol or a controlled substance, including a
8-11     violation of Section 49.04 or 49.07, Penal Code;
8-12                 (2)  driving a commercial motor vehicle while the
8-13     person's alcohol concentration was 0.04 or more;
8-14                 (3)  intentionally leaving the scene of an accident
8-15     involving a commercial motor vehicle driven by the person;
8-16                 (4)  using a commercial motor vehicle in the commission
8-17     of a felony, other than a felony described by Subsection (d)(2);
8-18     [or]
8-19                 (5)  refusing to submit to a test to determine the
8-20     person's alcohol concentration or the presence in the person's body
8-21     of a controlled substance or drug while driving a commercial motor
8-22     vehicle;
8-23                 (6)  causing the death of another person through the
8-24     negligent or criminal operation of a commercial motor vehicle; or
8-25                 (7)  driving a commercial motor vehicle while the
8-26     person's commercial driver's license is revoked, suspended, or
 9-1     canceled, or while the person is disqualified from driving a
 9-2     commercial motor vehicle, for an action or conduct that occurred
 9-3     while operating a commercial motor vehicle.
 9-4           SECTION 13.  Subsections (a) and (b), Section 522.087,
 9-5     Transportation Code, are amended to read as follows:
 9-6           (a)  A person is automatically disqualified under Section
 9-7     522.081(a)(1)(B), Section 522.081(b)(1), (3), [or] (4), (6), or
 9-8     (7), or Section 522.081(d)(2).  An appeal may not be taken from the
 9-9     disqualification.
9-10           (b)  Disqualifying a person under Section 522.081(a), other
9-11     than under Subdivision (1)(B) of that subsection or Section
9-12     522.081(d)(1) is subject to the notice and hearing procedures of
9-13     Sections 521.295-521.303.  An appeal of the disqualification is
9-14     subject to Section 521.308.
9-15           SECTION 14.  Section 522.102, Transportation Code, is amended
9-16     by adding Subsection (c) to read as follows:
9-17           (c)  This section and Section 522.103 apply only to a person
9-18     who is stopped or detained while driving a commercial motor
9-19     vehicle.
9-20           SECTION 15.  Section 522.103, Transportation Code, is amended
9-21     to read as follows:
9-22           Sec. 522.103.  WARNING BY PEACE OFFICER.  (a)  A peace
9-23     officer requesting a person to submit a specimen under Section
9-24     522.102 shall warn the person that a refusal to submit a specimen
9-25     will result in the person's being immediately placed out of service
9-26     for 24 hours and being disqualified from driving a commercial motor
 10-1    vehicle for at least one year under Section 522.081.
 10-2          (b)  A peace officer requesting a person to submit a specimen
 10-3    under Section 522.102 is not required to comply with Section
 10-4    724.015.
 10-5          SECTION 16.  Subdivision (20), Section 522.003,
 10-6    Transportation Code, is repealed.
 10-7          SECTION 17.  (a)  This Act takes effect September 1, 2001.
 10-8          (b)  Subsection (a), Article 45.0511, Code of Criminal
 10-9    Procedure, as amended by this Act, and Article 45.0512, Code of
10-10    Criminal Procedure, as added by this Act, apply only to an offense
10-11    committed on or after the effective date of this Act.  An offense
10-12    committed before the effective date of this Act is governed by
10-13    those laws as they existed immediately before the effective date of
10-14    this Act, and the former laws are continued in effect for that
10-15    purpose.
10-16          (c)  Subsection (d), Section 522.011, Transportation Code, as
10-17    added by this Act, applies only to an offense committed on or after
10-18    the effective date of this Act.  An offense committed before the
10-19    effective date of this Act is governed by the law in effect on the
10-20    date the offense was committed, and the former law is continued in
10-21    effect for that purpose.
10-22          (d)  Subsection (a), Section 522.021, Transportation Code, as
10-23    amended by this Act, applies only to an application for a
10-24    commercial driver's license that is filed on or after the effective
10-25    date of this Act.  An application for a commercial driver's license
10-26    that was filed before the effective date of this Act is governed by
 11-1    the law in effect immediately before the effective date of this
 11-2    Act, and the former law is continued in effect for that purpose.
 11-3          (e)  Subsection (a), Section 522.062, Transportation Code, as
 11-4    amended by this Act, applies only to an offense committed on or
 11-5    after the effective date of this Act.  An offense committed before
 11-6    the effective date of this Act is governed by the law in effect
 11-7    immediately before the effective date of this Act, and the former
 11-8    law is continued in effect for that purpose.
 11-9          (f)  Section 522.081, Transportation Code, as amended by this
11-10    Act, applies only to an offense committed on or after the effective
11-11    date of this Act.  An offense committed before the effective date
11-12    of this Act is governed by the law in effect immediately before the
11-13    effective date of this Act, and the former law is continued in
11-14    effect for that purpose.
11-15          (g)  Section 522.087, Transportation Code, as amended by this
11-16    Act, applies only to a disqualification that is issued under
11-17    Chapter 522, Transportation Code, on or after the effective date of
11-18    this Act.  A disqualification that is issued under that chapter
11-19    before the effective date of this Act is governed by the law in
11-20    effect on the date the disqualification was issued, and the former
11-21    law is continued in effect for that purpose.
11-22          (h)  Sections 522.102 and 522.103, Transportation Code, as
11-23    amended by this Act, apply only to an offense committed on or after
11-24    the effective date of this Act.  An offense committed before the
11-25    effective date of this Act is governed by the law in effect
11-26    immediately before the effective date of this Act, and the former
 12-1    law is continued in effect for that purpose.