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.