1-1 By: Ogden S.B. No. 890
1-2 (In the Senate - Filed February 23, 2001; February 26, 2001,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 3, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 3, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 890 By: Ogden
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the operation of a commercial motor vehicle in this
1-11 state.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (a), Article 45.0511, Code of Criminal
1-14 Procedure, is amended to read as follows:
1-15 (a) Except as provided by this subsection, this [This]
1-16 article applies to an alleged offense involving the operation of a
1-17 motor vehicle and supplements Article 45.051. This article does
1-18 not apply to an offense that:
1-19 (1) involved the operation of [other than] a
1-20 commercial motor vehicle, as defined by Section 522.003,
1-21 Transportation Code; or
1-22 (2) was committed by a person who:
1-23 (A) held a commercial driver's license as
1-24 defined by Section 522.003, Transportation Code, at the time of the
1-25 offense; or
1-26 (B) holds a commercial driver's license when:
1-27 (i) the person's plea is entered under
1-28 Article 45.051; or
1-29 (ii) the finding of guilt is made under
1-30 that article[, and supplements Article 45.051].
1-31 SECTION 2. Subchapter B, Chapter 45, Code of Criminal
1-32 Procedure, is amended by adding Article 45.0512 to read as follows:
1-33 Art. 45.0512. NONAPPLICABILITY OF ARTICLE 45.051. (a) In
1-34 this article, "commercial driver's license" and "commercial motor
1-35 vehicle" have the meanings assigned by Section 522.003,
1-36 Transportation Code.
1-37 (b) Article 45.051 does not apply to an offense that:
1-38 (1) involved the operation of a commercial motor
1-39 vehicle; or
1-40 (2) was committed by a person who:
1-41 (A) held a commercial driver's license at the
1-42 time of the offense; or
1-43 (B) holds a commercial driver's license when:
1-44 (i) the person's plea is entered under
1-45 Article 45.051; or
1-46 (ii) the finding of guilt is made under
1-47 that article.
1-48 SECTION 3. Section 521.242, Transportation Code, is amended
1-49 by amending Subsection (b) and adding Subsection (f) to read as
1-50 follows:
1-51 (b) A person may apply for an occupational license by filing
1-52 a verified petition only with the clerk of the county court or
1-53 district court in which the person was convicted if:
1-54 (1) the person's license has been automatically
1-55 suspended or canceled under this chapter [or Chapter 522] for a
1-56 conviction of an offense under the laws of this state; and
1-57 (2) the person has not been issued, in the 10 years
1-58 preceding the date of the filing of the petition, more than one
1-59 occupational license after a conviction under the laws of this
1-60 state.
1-61 (f) A court may not grant an occupational license for the
1-62 operation of a commercial motor vehicle to which Chapter 522
1-63 applies.
1-64 SECTION 4. Subdivisions (12), (23), and (25), Section
2-1 522.003, Transportation Code, are amended to read as follows:
2-2 (12) "Driver's license" has the meaning assigned by
2-3 Section 521.001 [means a license issued by a state to an individual
2-4 that authorizes the individual to drive a motor vehicle].
2-5 (23) "Out-of-service order" means:
2-6 (A) a temporary prohibition against driving a
2-7 commercial motor vehicle issued under Section 522.101, the law of
2-8 another state, or 49 C.F.R. Section 383.5; or
2-9 (B) a declaration by the Federal Motor Carrier
2-10 Safety Administration [highway administration] or an authorized
2-11 enforcement officer of a state or local jurisdiction that a driver,
2-12 commercial motor vehicle, or motor carrier operation is out of
2-13 service under 49 C.F.R. Section 383.5.
2-14 (25) "Serious traffic violation" means a conviction
2-15 arising from the driving of a commercial motor vehicle, other than
2-16 a parking, vehicle weight, or vehicle defect violation, for:
2-17 (A) excessive speeding, involving a single
2-18 charge of driving 15 miles per hour or more above the posted speed
2-19 limit;
2-20 (B) reckless driving, as defined by state or
2-21 local law;
2-22 (C) a violation of a state or local law related
2-23 to motor vehicle traffic control, including a law regulating the
2-24 operation of vehicles on highways, arising in connection with a
2-25 fatal accident;
2-26 (D) improper or erratic traffic lane change;
2-27 [or]
2-28 (E) following the vehicle ahead too closely; or
2-29 (F) operating a commercial motor vehicle in
2-30 violation of Section 522.011 or 522.015.
2-31 SECTION 5. Section 522.011, Transportation Code, is amended
2-32 by adding Subsection (d) to read as follows:
2-33 (d) It is a defense to prosecution under Subsection
2-34 (a)(1)(A) if the person charged produces in court a commercial
2-35 driver's license that:
2-36 (1) was issued to the person;
2-37 (2) is appropriate for the class of vehicle being
2-38 driven; and
2-39 (3) was valid when the offense was committed.
2-40 SECTION 6. Subsections (b), (c), and (d), Section 522.012,
2-41 Transportation Code, are amended to read as follows:
2-42 (b) In granting a waiver under this section, the department
2-43 is subject to any condition or requirement established for the
2-44 waiver by the secretary or the Federal Motor Carrier Safety
2-45 Administration [highway administration].
2-46 (c) In addition to any restriction or limitation imposed by
2-47 this chapter or the department, a restricted commercial driver's
2-48 license issued under this section is subject to any restriction or
2-49 limitation imposed by the secretary or the Federal Motor Carrier
2-50 Safety Administration [highway administration].
2-51 (d) In this section, "farm-related service industry" has the
2-52 meaning assigned by the secretary or the Federal Motor Carrier
2-53 Safety Administration [highway administration] under the federal
2-54 act.
2-55 SECTION 7. Subsection (a), Section 522.021, Transportation
2-56 Code, is amended to read as follows:
2-57 (a) An application for a commercial driver's license or
2-58 commercial driver learner's permit must include:
2-59 (1) the full name and current residence and mailing
2-60 address of the applicant;
2-61 (2) a physical description of the applicant, including
2-62 sex, height, and eye color;
2-63 (3) the applicant's date of birth;
2-64 (4) the applicant's social security number, unless the
2-65 application is for a nonresident commercial driver's license and
2-66 the applicant is a resident of a foreign jurisdiction;
2-67 (5) certifications, including those required by 49
2-68 C.F.R. Section 383.71(a); and
2-69 (6) any other information required by the department.
3-1 SECTION 8. Subsection (a), Section 522.042, Transportation
3-2 Code, is amended to read as follows:
3-3 (a) The department may issue a commercial driver's license
3-4 with endorsements:
3-5 (1) authorizing the driving of a vehicle transporting
3-6 hazardous materials;
3-7 (2) authorizing the towing of a double or triple
3-8 trailer or a trailer over a specified weight;
3-9 (3) authorizing the driving of a vehicle carrying
3-10 passengers;
3-11 (4) authorizing the driving of a tank vehicle; [or]
3-12 (5) representing a combination of hazardous materials
3-13 and tank vehicle endorsements; or
3-14 (6) authorizing the driving of a school bus, as
3-15 defined by Section 541.201.
3-16 SECTION 9. Subsection (a), Section 522.062, Transportation
3-17 Code, is amended to read as follows:
3-18 (a) If [Not later than the 10th day after the date the
3-19 department receives a report of a conviction of] a person holds a
3-20 commercial driver's license issued by [who has a domicile in]
3-21 another state and is finally convicted of [or in a foreign
3-22 jurisdiction for] a violation of a state traffic law or local
3-23 traffic ordinance [relating to motor vehicle traffic control,
3-24 including a law regulating the operation of vehicles on highways,]
3-25 that was committed in a commercial motor vehicle, the department
3-26 shall notify the driver's licensing authority in the issuing
3-27 [licensing] state of that [the] conviction, in the time and manner
3-28 required by 49 U.S.C. Section 31311.
3-29 SECTION 10. The heading to Section 522.072, Transportation
3-30 Code, is amended to read as follows:
3-31 Sec. 522.072. EMPLOYER RESPONSIBILITIES [PERMITTING
3-32 UNAUTHORIZED DRIVING PROHIBITED].
3-33 SECTION 11. Subsection (b), Section 522.072, Transportation
3-34 Code, is amended to read as follows:
3-35 (b) An employer may not knowingly require a driver to
3-36 operate a commercial motor vehicle in violation of a federal,
3-37 state, or local law that regulates the operation of a motor vehicle
3-38 at a railroad grade crossing.
3-39 (c) In addition to any penalty imposed under this chapter,
3-40 an employer who violates this section [Subsection (a) or an
3-41 out-of-service order] may be penalized or disqualified under 49
3-42 C.F.R. Part 383.
3-43 SECTION 12. Subsections (a) and (b), Section 522.081,
3-44 Transportation Code, are amended to read as follows:
3-45 (a) This subsection applies only to a violation committed
3-46 while operating a commercial motor vehicle. A person is
3-47 disqualified from driving a commercial motor vehicle for:
3-48 (1) 60 days if convicted of:
3-49 (A) two serious traffic violations that occur
3-50 within a three-year period; or
3-51 (B) one violation of a law that regulates the
3-52 operation of a motor vehicle at a railroad grade crossing;
3-53 (2) [, or] 120 days if convicted of:
3-54 (A) three serious traffic violations[, committed
3-55 in a commercial motor vehicle] arising from separate incidents
3-56 occurring within a three-year period; or
3-57 (B) two violations of a law that regulates the
3-58 operation of a motor vehicle at a railroad grade crossing that
3-59 occur within a three-year period; or
3-60 (3) one year if convicted of three violations of a law
3-61 that regulates the operation of a motor vehicle at a railroad grade
3-62 crossing that occur within a three-year period.
3-63 (b) A person is disqualified from driving a commercial motor
3-64 vehicle for one year on first conviction of:
3-65 (1) driving a commercial motor vehicle under the
3-66 influence of alcohol or a controlled substance, including a
3-67 violation of Section 49.04 or 49.07, Penal Code;
3-68 (2) driving a commercial motor vehicle while the
3-69 person's alcohol concentration was 0.04 or more;
4-1 (3) intentionally leaving the scene of an accident
4-2 involving a commercial motor vehicle driven by the person;
4-3 (4) using a commercial motor vehicle in the commission
4-4 of a felony, other than a felony described by Subsection (d)(2);
4-5 [or]
4-6 (5) refusing to submit to a test to determine the
4-7 person's alcohol concentration or the presence in the person's body
4-8 of a controlled substance or drug while driving a commercial motor
4-9 vehicle;
4-10 (6) causing the death of another person through the
4-11 negligent or criminal operation of a commercial motor vehicle; or
4-12 (7) driving a commercial motor vehicle while the
4-13 person's commercial driver's license is revoked, suspended, or
4-14 canceled, or while the person is disqualified from driving a
4-15 commercial motor vehicle, for an action or conduct that occurred
4-16 while operating a commercial motor vehicle.
4-17 SECTION 13. Subsections (a) and (b), Section 522.087,
4-18 Transportation Code, are amended to read as follows:
4-19 (a) A person is automatically disqualified under Section
4-20 522.081(a)(1)(B), Section 522.081(b)(1), (3), [or] (4), (6), or
4-21 (7), or Section 522.081(d)(2). An appeal may not be taken from the
4-22 disqualification.
4-23 (b) Disqualifying a person under Section 522.081(a), other
4-24 than under Subdivision (1)(B) of that subsection, or Section
4-25 522.081 (d)(1) is subject to the notice and hearing procedures of
4-26 Sections 521.295-521.303. An appeal of the disqualification is
4-27 subject to Section 521.308.
4-28 SECTION 14. Section 522.102, Transportation Code, is amended
4-29 by adding Subsection (c) to read as follows:
4-30 (c) This section and Section 522.103 apply only to a person
4-31 who is stopped or detained while driving a commercial motor
4-32 vehicle.
4-33 SECTION 15. Section 522.103, Transportation Code, is amended
4-34 to read as follows:
4-35 Sec. 522.103. WARNING BY PEACE OFFICER. (a) A peace
4-36 officer requesting a person to submit a specimen under Section
4-37 522.102 shall warn the person that a refusal to submit a specimen
4-38 will result in the person's being immediately placed out of service
4-39 for 24 hours and being disqualified from driving a commercial motor
4-40 vehicle for at least one year under Section 522.081.
4-41 (b) A peace officer requesting a person to submit a specimen
4-42 under Section 522.102 is not required to comply with Section
4-43 724.015.
4-44 SECTION 16. Subdivision (20), Section 522.003,
4-45 Transportation Code, is repealed.
4-46 SECTION 17. (a) This Act takes effect September 1, 2001.
4-47 (b) Subsection (a), Article 45.0511, Code of Criminal
4-48 Procedure, as amended by this Act, and Article 45.0512, Code of
4-49 Criminal Procedure, as added by this Act, apply only to an offense
4-50 committed on or after the effective date of this Act. An offense
4-51 committed before the effective date of this Act is governed by
4-52 those laws as they existed immediately before the effective date of
4-53 this Act, and the former laws are continued in effect for that
4-54 purpose.
4-55 (c) Subsection (d), Section 522.011, Transportation Code, as
4-56 added by this Act, applies only to an offense committed on or after
4-57 the effective date of this Act. An offense committed before the
4-58 effective date of this Act is governed by the law in effect on the
4-59 date the offense was committed, and the former law is continued in
4-60 effect for that purpose.
4-61 (d) Subsection (a), Section 522.021, Transportation Code, as
4-62 amended by this Act, applies only to an application for a
4-63 commercial driver's license that is filed on or after the effective
4-64 date of this Act. An application for a commercial driver's license
4-65 that was filed before the effective date of this Act is governed by
4-66 the law in effect immediately before the effective date of this
4-67 Act, and the former law is continued in effect for that purpose.
4-68 (e) Subsection (a), Section 522.062, Transportation Code, as
4-69 amended by this Act, applies only to an offense committed on or
5-1 after the effective date of this Act. An offense committed before
5-2 the effective date of this Act is governed by the law in effect
5-3 immediately before the effective date of this Act, and the former
5-4 law is continued in effect for that purpose.
5-5 (f) Section 522.081, Transportation Code, as amended by this
5-6 Act, applies only to an offense committed on or after the effective
5-7 date of this Act. An offense committed before the effective date
5-8 of this Act is governed by the law in effect immediately before the
5-9 effective date of this Act, and the former law is continued in
5-10 effect for that purpose.
5-11 (g) Section 522.087, Transportation Code, as amended by this
5-12 Act, applies only to a disqualification that is issued under
5-13 Chapter 522, Transportation Code, on or after the effective date of
5-14 this Act. A disqualification that is issued under that chapter
5-15 before the effective date of this Act is governed by the law in
5-16 effect on the date the disqualification was issued, and the former
5-17 law is continued in effect for that purpose.
5-18 (h) Sections 522.102 and 522.103, Transportation Code, as
5-19 amended by this Act, apply only to an offense committed on or after
5-20 the effective date of this Act. An offense committed before the
5-21 effective date of this Act is governed by the law in effect
5-22 immediately before the effective date of this Act, and the former
5-23 law is continued in effect for that purpose.
5-24 * * * * *