By:  Ogden                                            S.R. No. 1219
                                  SENATE RESOLUTION
 1-1           BE IT RESOLVED by the Senate of the State of Texas, 77th
 1-2     Legislature, Regular Session, 2001, That Senate Rule 12.03 be
 1-3     suspended in part as provided by Senate Rule 12.08 to enable the
 1-4     conference committee appointed to resolve the differences on Senate
 1-5     Bill No. 886, relating to motor vehicle size and weight
 1-6     limitations; providing penalties, to consider and take action on
 1-7     the following matter:
 1-8           Senate Rule 12.03(4) is suspended to permit the committee to
 1-9     add the following new sections to the bill:
1-10           SECTION ____.  Section 521.242, Transportation Code, is
1-11     amended by amending Subsection (b) and adding Subsection (f) to
1-12     read as follows:
1-13           (b)  A person may apply for an occupational license by filing
1-14     a verified petition only with the clerk of the county court or
1-15     district court in which the person was convicted if:
1-16                 (1)  the person's license has been automatically
1-17     suspended or canceled under this chapter [or Chapter 522] for a
1-18     conviction of an offense under the laws of this state; and
1-19                 (2)  the person has not been issued, in the 10 years
1-20     preceding the date of the filing of the petition, more than one
1-21     occupational license after a conviction under the laws of this
1-22     state.
1-23           (f)  A court may not grant an occupational license for the
1-24     operation of a commercial motor vehicle to which Chapter 522
1-25     applies.
 2-1           SECTION ____.  Subdivisions (12), (23), and (25), Section
 2-2     522.003, Transportation Code, are amended to read as follows:
 2-3                 (12)  "Driver's license" has the meaning assigned by
 2-4     Section 521.001 [means a license issued by a state to an individual
 2-5     that authorizes the individual to drive a motor vehicle].
 2-6                 (23)  "Out-of-service order" means:
 2-7                       (A)  a temporary prohibition against driving a
 2-8     commercial motor vehicle issued under Section 522.101, the law of
 2-9     another state, or 49 C.F.R. Section 383.5; or
2-10                       (B)  a declaration by the Federal Motor Carrier
2-11     Safety Administration [highway administration] or an authorized
2-12     enforcement officer of a state or local jurisdiction that a driver,
2-13     commercial motor vehicle, or motor carrier operation is out of
2-14     service under 49 C.F.R. Section 383.5.
2-15                 (25)  "Serious traffic violation" means a conviction
2-16     arising from the driving of a commercial motor vehicle, other than
2-17     a parking, vehicle weight, or vehicle defect violation, for:
2-18                       (A)  excessive speeding, involving a single
2-19     charge of driving 15 miles per hour or more above the posted speed
2-20     limit;
2-21                       (B)  reckless driving, as defined by state or
2-22     local law;
2-23                       (C)  a violation of a state or local law related
2-24     to motor vehicle traffic control, including a law regulating the
2-25     operation of vehicles on highways, arising in connection with a
2-26     fatal accident;
 3-1                       (D)  improper or erratic traffic lane change;
 3-2     [or]
 3-3                       (E)  following the vehicle ahead too closely; or
 3-4                       (F)  operating a commercial motor vehicle in
 3-5     violation of Section 522.011 or 522.015.
 3-6           SECTION ____.  Section 522.011, Transportation Code, is
 3-7     amended by adding Subsection (d) to read as follows:
 3-8           (d)  It is a defense to prosecution under Subsection
 3-9     (a)(1)(A) if the person charged produces in court a commercial
3-10     driver's license that:
3-11                 (1)  was issued to the person;
3-12                 (2)  is appropriate for the class of vehicle being
3-13     driven; and
3-14                 (3)  was valid when the offense was committed.
3-15           SECTION ____.  Subsections (b), (c), and (d), Section
3-16     522.012, Transportation Code, are amended to read as follows:
3-17           (b)  In granting a waiver under this section, the department
3-18     is subject to any condition or requirement established for the
3-19     waiver by the secretary or the Federal Motor Carrier Safety
3-20     Administration [highway administration].
3-21           (c)  In addition to any restriction or limitation imposed by
3-22     this chapter or the department, a restricted commercial driver's
3-23     license issued under this section is subject to any restriction or
3-24     limitation imposed by the secretary or the Federal Motor Carrier
3-25     Safety Administration [highway administration].
3-26           (d)  In this section, "farm-related service industry" has the
 4-1     meaning assigned by the secretary or the Federal Motor Carrier
 4-2     Safety Administration [highway administration] under the federal
 4-3     act.
 4-4           SECTION ____.  Subsection (a), Section 522.021,
 4-5     Transportation Code, is amended to read as follows:
 4-6           (a)  An application for a commercial driver's license or
 4-7     commercial driver learner's permit must include:
 4-8                 (1)  the full name and current residence and mailing
 4-9     address of the applicant;
4-10                 (2)  a physical description of the applicant, including
4-11     sex, height, and eye color;
4-12                 (3)  the applicant's date of birth;
4-13                 (4)  the applicant's social security number, unless the
4-14     application is for a nonresident commercial driver's license and
4-15     the applicant is a resident of a foreign jurisdiction;
4-16                 (5)  certifications, including those required by 49
4-17     C.F.R. Section 383.71(a); and
4-18                 (6)  any other information required by the department.
4-19           SECTION ____.  Subsection (a), Section 522.042,
4-20     Transportation Code, is amended to read as follows:
4-21           (a)  The department may issue a commercial driver's license
4-22     with endorsements:
4-23                 (1)  authorizing the driving of a vehicle transporting
4-24     hazardous materials;
4-25                 (2)  authorizing the towing of a double or triple
4-26     trailer or a trailer over a specified weight;
 5-1                 (3)  authorizing the driving of a vehicle carrying
 5-2     passengers;
 5-3                 (4)  authorizing the driving of a tank vehicle; [or]
 5-4                 (5)  representing a combination of hazardous materials
 5-5     and tank vehicle endorsements; or
 5-6                 (6)  authorizing the driving of a school bus, as
 5-7     defined by Section 541.201.
 5-8           SECTION ____.  Subsection (a), Section 522.062,
 5-9     Transportation Code, is amended to read as follows:
5-10           (a)  If [Not later than the 10th day after the date the
5-11     department receives a report of a conviction of] a person holds a
5-12     commercial driver's license issued by [who has a domicile in]
5-13     another state and is finally convicted of [or in a foreign
5-14     jurisdiction for] a violation of a state traffic law or local
5-15     traffic ordinance [relating to motor vehicle traffic control,
5-16     including a law regulating the operation of vehicles on highways,]
5-17     that was committed in a commercial motor vehicle, the department
5-18     shall notify the driver's licensing authority in the issuing
5-19     [licensing] state of that [the] conviction, in the time and manner
5-20     required by 49 U.S.C. Section 31311.
5-21           SECTION ____.  The heading to Section 522.072, Transportation
5-22     Code, is amended to read as follows:      
5-23           Sec. 522.072.  EMPLOYER RESPONSIBILITIES [PERMITTING
5-24     UNAUTHORIZED DRIVING PROHIBITED].
5-25           SECTION ____.  Subsection (b), Section 522.072,
5-26     Transportation Code, is amended to read as follows:
 6-1           (b)  An employer may not knowingly require a driver to
 6-2     operate a commercial motor vehicle in violation of a federal,
 6-3     state, or local law that regulates the operation of a motor vehicle
 6-4     at a railroad grade crossing.
 6-5           (c)  In addition to any penalty imposed under this chapter,
 6-6     an employer who violates this section [Subsection (a)  or an
 6-7     out-of-service order] may be penalized or disqualified under 49
 6-8     C.F.R. Part 383.
 6-9           SECTION ____.  Subsections (a) and (b), Section 522.081,
6-10     Transportation Code, are amended to read as follows:
6-11           (a)  This subsection applies only to a violation committed
6-12     while operating a commercial motor vehicle.  A person is
6-13     disqualified from driving a commercial motor vehicle for:
6-14                 (1)  60 days if convicted of:
6-15                       (A)  two serious traffic violations that occur
6-16     within a three-year period; or
6-17                       (B)  one violation of a law that regulates the
6-18     operation of a motor vehicle at a railroad grade crossing;
6-19                 (2)  [, or] 120 days if convicted of:
6-20                       (A)  three serious traffic violations[, committed
6-21     in a commercial motor vehicle] arising from separate incidents
6-22     occurring within a three-year period; or
6-23                       (B)  two violations of a law that regulates the
6-24     operation of a motor vehicle at a railroad grade crossing that
6-25     occur within a three-year period; or
6-26                 (3)  one year if convicted of three violations of a law
 7-1     that regulates the operation of a motor vehicle at a railroad grade
 7-2     crossing that occur within a three-year period.
 7-3           (b)  A person is disqualified from driving a commercial motor
 7-4     vehicle for one year on first conviction of:
 7-5                 (1)  driving a commercial motor vehicle under the
 7-6     influence of alcohol or a controlled substance, including a
 7-7     violation of Section 49.04 or 49.07, Penal Code;
 7-8                 (2)  driving a commercial motor vehicle while the
 7-9     person's alcohol concentration was 0.04 or more;
7-10                 (3)  intentionally leaving the scene of an accident
7-11     involving a commercial motor vehicle driven by the person;
7-12                 (4)  using a commercial motor vehicle in the commission
7-13     of a felony, other than a felony described by Subsection (d)(2);
7-14     [or]
7-15                 (5)  refusing to submit to a test to determine the
7-16     person's alcohol concentration or the presence in the person's body
7-17     of a controlled substance or drug while driving a commercial motor
7-18     vehicle;
7-19                 (6)  causing the death of another person through the
7-20     negligent or criminal operation of a commercial motor vehicle; or
7-21                 (7)  driving a commercial motor vehicle while the
7-22     person's commercial driver's license is revoked, suspended, or
7-23     canceled, or while the person is disqualified from driving a
7-24     commercial motor vehicle, for an action or conduct that occurred
7-25     while operating a commercial motor vehicle.
7-26           SECTION ____.  Subsections (a) and (b), Section 522.087,
 8-1     Transportation Code, are amended to read as follows:
 8-2           (a)  A person is automatically disqualified under Section
 8-3     522.081(a)(1)(B), Section 522.081(b)(1), (3), [or] (4), (6), or
 8-4     (7), or Section 522.081(d)(2).  An appeal may not be taken from the
 8-5     disqualification.
 8-6           (b)  Disqualifying a person under Section 522.081(a), other
 8-7     than under Subdivision (1)(B) of that subsection or Section
 8-8     522.081(d)(1) is subject to the notice and hearing procedures of
 8-9     Sections 521.295-521.303.  An appeal of the disqualification is
8-10     subject to Section 521.308.
8-11           SECTION ____.  Section 522.102, Transportation Code, is
8-12     amended by adding Subsection (c) to read as follows:
8-13           (c)  This section and Section 522.103 apply only to a person
8-14     who is stopped or detained while driving a commercial motor
8-15     vehicle.
8-16           SECTION ____.  Section 522.103, Transportation Code, is
8-17     amended to read as follows:
8-18           Sec. 522.103.  WARNING BY PEACE OFFICER.  (a)  A peace
8-19     officer requesting a person to submit a specimen under Section
8-20     522.102 shall warn the person that a refusal to submit a specimen
8-21     will result in the person's being immediately placed out of service
8-22     for 24 hours and being disqualified from driving a commercial motor
8-23     vehicle for at least one year under Section 522.081.
8-24           (b)  A peace officer requesting a person to submit a specimen
8-25     under Section 522.102 is not required to comply with Section
8-26     724.015.
 9-1           SECTION ____.  Subdivision (20), Section 522.003,
 9-2     Transportation Code, is repealed.
 9-3           SECTION ____.  (a)  This Act takes effect September 1, 2001.
 9-4           (b)  Subsection (d), Section 522.011, Transportation Code, as
 9-5     added by this Act, applies only to an offense committed on or after
 9-6     the effective date of this Act.  An offense committed before the
 9-7     effective date of this Act is governed by the law in effect on the
 9-8     date the offense was committed, and the former law is continued in
 9-9     effect for that purpose.
9-10           (c)  Subsection (a), Section 522.021, Transportation Code, as
9-11     amended by this Act, applies only to an application for a
9-12     commercial driver's license that is filed on or after the effective
9-13     date of this Act.  An application for a commercial driver's license
9-14     that was filed before the effective date of this Act is governed by
9-15     the law in effect immediately before the effective date of this
9-16     Act, and the former law is continued in effect for that purpose.
9-17           (d)  Subsection (a), Section 522.062, Transportation Code, as
9-18     amended by this Act, applies only to an offense committed on or
9-19     after the effective date of this Act.  An offense committed before
9-20     the effective date of this Act is governed by the law in effect
9-21     immediately before the effective date of this Act, and the former
9-22     law is continued in effect for that purpose.
9-23           (e)  Section 522.081, Transportation Code, as amended by this
9-24     Act, applies only to an offense committed on or after the effective
9-25     date of this Act.  An offense committed before the effective date
9-26     of this Act is governed by the law in effect immediately before the
 10-1    effective date of this Act, and the former law is continued in
 10-2    effect for that purpose.
 10-3          (f)  Section 522.087, Transportation Code, as amended by this
 10-4    Act, applies only to a disqualification that is issued under
 10-5    Chapter 522, Transportation Code, on or after the effective date of
 10-6    this Act.  A disqualification that is issued under that chapter
 10-7    before the effective date of this Act is governed by the law in
 10-8    effect on the date the disqualification was issued, and the former
 10-9    law is continued in effect for that purpose.
10-10          (g)  Sections 522.102 and 522.103, Transportation Code, as
10-11    amended by this Act, apply only to an offense committed on or after
10-12    the effective date of this Act.  An offense committed before the
10-13    effective date of this Act is governed by the law in effect
10-14    immediately before the effective date of this Act, and the former
10-15    law is continued in effect for that purpose.
10-16          Explanation: This addition is necessary to address the
10-17    changes to the commercial driver licensing program required by the
10-18    passage of the federal Motor Vehicle Safety Act of 1999.
10-19                                 ______________________________________
10-20                                         President of the Senate
10-21                                      I hereby certify that the above
10-22                                 Resolution was adopted by the Senate
10-23                                 on May 26, 2001, by the following
10-24                                 vote:  Yeas 30, Nays 0, one present
10-25                                 not voting.
10-26                                 ______________________________________
10-27                                         Secretary of the Senate