By Ogden S.B. No. 890
77R7185 JD-F
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. Article 45.0511(a), Code of Criminal Procedure, is
1-6 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 of that code at the time of the offense;
1-17 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:
2-1 Art. 45.0512. NONAPPLICABILITY OF ARTICLE 45.051. (a) In
2-2 this article, "commercial driver's license" and "commercial motor
2-3 vehicle" have the meanings assigned by Section 522.003,
2-4 Transportation Code.
2-5 (b) Article 45.051 does not apply to an offense that:
2-6 (1) involved the operation of a commercial motor
2-7 vehicle; or
2-8 (2) was committed by a person who:
2-9 (A) held a commercial driver's license at the
2-10 time of the offense; or
2-11 (B) holds a commercial driver's license when:
2-12 (i) the person's plea is entered under
2-13 Article 45.051; or
2-14 (ii) the finding of guilt is made under
2-15 that article.
2-16 SECTION 3. Section 521.242, Transportation Code, is amended
2-17 by amending Subsection (b) and adding Subsection (f) to read as
2-18 follows:
2-19 (b) A person may apply for an occupational license by filing
2-20 a verified petition only with the clerk of the county court or
2-21 district court in which the person was convicted if:
2-22 (1) the person's license has been automatically
2-23 suspended or canceled under this chapter [or Chapter 522] for a
2-24 conviction of an offense under the laws of this state; and
2-25 (2) the person has not been issued, in the 10 years
2-26 preceding the date of the filing of the petition, more than one
2-27 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. Sections 522.003(12), (23), and (25),
3-6 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;
3-27 (C) a violation of a state or local law related
4-1 to motor vehicle traffic control, including a law regulating the
4-2 operation of vehicles on highways, arising in connection with a
4-3 fatal accident;
4-4 (D) improper or erratic traffic lane change;
4-5 [or]
4-6 (E) following the vehicle ahead too closely; or
4-7 (F) operating a commercial motor vehicle in
4-8 violation of Section 522.011 or 522.015.
4-9 SECTION 5. Section 522.011, Transportation Code, is amended
4-10 by adding Subsection (d) to read as follows:
4-11 (d) It is a defense to prosecution under Subsection
4-12 (a)(1)(A) if the person charged produces in court a commercial
4-13 driver's license that:
4-14 (1) was issued to the person;
4-15 (2) is appropriate for the class of vehicle being
4-16 driven; and
4-17 (3) was valid when the offense was committed.
4-18 SECTION 6. Sections 522.012(b)-(d), Transportation Code, are
4-19 amended to read as follows:
4-20 (b) In granting a waiver under this section, the department
4-21 is subject to any condition or requirement established for the
4-22 waiver by the secretary or the federal Motor Carrier Safety
4-23 Administration [highway administration].
4-24 (c) In addition to any restriction or limitation imposed by
4-25 this chapter or the department, a restricted commercial driver's
4-26 license issued under this section is subject to any restriction or
4-27 limitation imposed by the secretary or the federal Motor Carrier
5-1 Safety Administration [highway administration].
5-2 (d) In this section, "farm-related service industry" has the
5-3 meaning assigned by the secretary or the federal Motor Carrier
5-4 Safety Administration [highway administration] under the federal
5-5 act.
5-6 SECTION 7. Section 522.021(a), Transportation Code, is
5-7 amended to read as follows:
5-8 (a) An application for a commercial driver's license or
5-9 commercial driver learner's permit must include:
5-10 (1) the full name and current residence and mailing
5-11 address of the applicant;
5-12 (2) a physical description of the applicant, including
5-13 sex, height, and eye color;
5-14 (3) the applicant's date of birth;
5-15 (4) the applicant's social security number, unless the
5-16 application is for a nonresident commercial driver's license and
5-17 the applicant is a resident of a foreign jurisdiction;
5-18 (5) certifications, including those required by 49
5-19 C.F.R. Section 383.71(a); and
5-20 (6) any other information required by the department.
5-21 SECTION 8. Section 522.042(a), Transportation Code, is
5-22 amended to read as follows:
5-23 (a) The department may issue a commercial driver's license
5-24 with endorsements:
5-25 (1) authorizing the driving of a vehicle transporting
5-26 hazardous materials;
5-27 (2) authorizing the towing of a double or triple
6-1 trailer or a trailer over a specified weight;
6-2 (3) authorizing the driving of a vehicle carrying
6-3 passengers;
6-4 (4) authorizing the driving of a tank vehicle; [or]
6-5 (5) representing a combination of hazardous materials
6-6 and tank vehicle endorsements; or
6-7 (6) authorizing the driving of a school bus, as
6-8 defined by Section 541.201.
6-9 SECTION 9. Section 522.062(a), Transportation Code, is
6-10 amended to read as follows:
6-11 (a) If [Not later than the 10th day after the date the
6-12 department receives a report of a conviction of] a person holds a
6-13 commercial driver's license issued by [who has a domicile in]
6-14 another state and is finally convicted of [or in a foreign
6-15 jurisdiction for] a violation of a state traffic law or local
6-16 traffic ordinance [relating to motor vehicle traffic control,
6-17 including a law regulating the operation of vehicles on highways,]
6-18 that was committed in a commercial motor vehicle, the department
6-19 shall notify the driver's licensing authority in the issuing
6-20 [licensing] state of that [the] conviction, in the time and manner
6-21 required by 49 U.S.C. Section 31311.
6-22 SECTION 10. Sections 522.081(a) and (b), Transportation Code,
6-23 are amended to read as follows:
6-24 (a) This subsection applies only to a violation committed
6-25 while operating a commercial motor vehicle. A person is
6-26 disqualified from driving a commercial motor vehicle for:
6-27 (1) 60 days if convicted of:
7-1 (A) two serious traffic violations; or
7-2 (B) one violation of a law that regulates the
7-3 operation of a motor vehicle at a railroad grade crossing;
7-4 (2) [, or] 120 days if convicted of:
7-5 (A) three serious traffic violations [,
7-6 committed in a commercial motor vehicle] arising from separate
7-7 incidents occurring within a three-year period; or
7-8 (B) a second violation of a law that regulates
7-9 the operation of a motor vehicle at a railroad grade crossing that
7-10 occurs within three years of the first violation; or
7-11 (3) one year if convicted of a third or subsequent
7-12 violation of a law that regulates the operation of a motor vehicle
7-13 at a railroad grade crossing that occurs within three years of the
7-14 first violation.
7-15 (b) A person is disqualified from driving a commercial motor
7-16 vehicle for one year on first conviction of:
7-17 (1) driving a commercial motor vehicle under the
7-18 influence of alcohol or a controlled substance, including a
7-19 violation of Section 49.04 or 49.07, Penal Code;
7-20 (2) driving a commercial motor vehicle while the
7-21 person's alcohol concentration was 0.04 or more;
7-22 (3) intentionally leaving the scene of an accident
7-23 involving a commercial motor vehicle driven by the person;
7-24 (4) using a commercial motor vehicle in the commission
7-25 of a felony, other than a felony described by Subsection (d)(2);
7-26 [or]
7-27 (5) refusing to submit to a test to determine the
8-1 person's alcohol concentration or the presence in the person's body
8-2 of a controlled substance or drug while driving a commercial motor
8-3 vehicle;
8-4 (6) causing the death of another person through the
8-5 negligent or criminal operation of a commercial motor vehicle; or
8-6 (7) driving a commercial motor vehicle while the
8-7 person's commercial driver's license is revoked, suspended, or
8-8 canceled, or while the person is disqualified from driving a
8-9 commercial motor vehicle, for an action or conduct that occurred
8-10 while operating a commercial motor vehicle.
8-11 SECTION 11. Sections 522.087(a) and (b), Transportation Code,
8-12 are amended to read as follows:
8-13 (a) A person is automatically disqualified under Section
8-14 522.081(a)(1)(B), Section 522.081(b)(1), (3), [or] (4), (6), or
8-15 (7), or Section 522.081(d)(2). An appeal may not be taken from the
8-16 disqualification.
8-17 (b) Disqualifying a person under Section 522.081(a), other
8-18 than under Subdivision (1)(B), or (d)(1) is subject to the notice
8-19 and hearing procedures of Sections 521.295-521.303. An appeal of
8-20 the disqualification is subject to Section 521.308.
8-21 SECTION 12. Section 522.102, Transportation Code, is amended
8-22 by adding Subsection (c) to read as follows:
8-23 (c) This section and Section 522.103 apply only to a person
8-24 who is stopped or detained while driving a commercial motor
8-25 vehicle.
8-26 SECTION 13. Section 522.103, Transportation Code, is amended
8-27 to read as follows:
9-1 Sec. 522.103. WARNING BY PEACE OFFICER. (a) A peace
9-2 officer requesting a person to submit a specimen under Section
9-3 522.102 shall warn the person that a refusal to submit a specimen
9-4 will result in the person's being immediately placed out of service
9-5 for 24 hours and being disqualified from driving a commercial motor
9-6 vehicle for at least one year under Section 522.081.
9-7 (b) A peace officer requesting a person to submit a specimen
9-8 under Section 522.102 is not required to comply with Section
9-9 724.015.
9-10 SECTION 14. Section 522.003(20), Transportation Code, is
9-11 repealed.
9-12 SECTION 15. (a) This Act takes effect September 1, 2001.
9-13 (b) Article 45.0511(a), Code of Criminal Procedure, as
9-14 amended by this Act, and Article 45.0512, Code of Criminal
9-15 Procedure, as added by this Act, apply only to an offense committed
9-16 on or after the effective date of this Act. An offense committed
9-17 before the effective date of this Act is governed by those laws as
9-18 they existed immediately before the effective date of this Act, and
9-19 the former laws are continued in effect for that purpose.
9-20 (c) Section 522.011(d), Transportation Code, as added by
9-21 this Act, applies only to an offense committed on or after the
9-22 effective date of this Act. An offense committed before the
9-23 effective date of this Act is governed by the law in effect on the
9-24 date the offense was committed, and the former law is continued in
9-25 effect for that purpose.
9-26 (d) Section 522.021(a), Transportation Code, as amended by
9-27 this Act, applies only to an application for a commercial driver's
10-1 license that is filed on or after the effective date of this Act.
10-2 An application for a commercial driver's license that was filed
10-3 before the effective date of this Act is governed by the law in
10-4 effect immediately before the effective date of this Act, and the
10-5 former law is continued in effect for that purpose.
10-6 (e) Section 522.062(a), Transportation Code, as amended by
10-7 this Act, applies only to an offense committed on or after the
10-8 effective date of this Act. An offense committed before the
10-9 effective date of this Act is governed by the law in effect
10-10 immediately before the effective date of this Act, and the former
10-11 law is continued in effect for that purpose.
10-12 (f) Section 522.081, Transportation Code, as amended by this
10-13 Act, applies only to an offense committed on or after the effective
10-14 date of this Act. An offense committed before the effective date
10-15 of this Act is governed by the law in effect immediately before the
10-16 effective date of this Act, and the former law is continued in
10-17 effect for that purpose.
10-18 (g) Section 522.087, Transportation Code, as amended by this
10-19 Act, applies only to a disqualification that is issued under
10-20 Chapter 522, Transportation Code, on or after the effective date of
10-21 this Act. A disqualification that is issued under that chapter
10-22 before the effective date of this Act is governed by the law in
10-23 effect on the date the disqualification was issued, and the former
10-24 law is continued in effect for that purpose.
10-25 (h) Sections 522.102 and 522.103, Transportation Code, as
10-26 amended by this Act, apply only to an offense committed on or after
10-27 the effective date of this Act. An offense committed before the
11-1 effective date of this Act is governed by the law in effect
11-2 immediately before the effective date of this Act, and the former
11-3 law is continued in effect for that purpose.