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                                  * * * * *