C.S.S.B. 1904 78(R) BILL ANALYSIS
C.S.S.B. 1904
By: Barrientos
Law Enforcement
Committee Report (Substituted)
BACKGROUND AND PURPOSE
According to the National Conference of State Legislatures, Texas ranks
first in the nation in the number of large trucks involved in crashes, the
number of fatal accidents involving large trucks, and the number of
fatalities in these accidents. Current law holds that if a person who has
a commercial driver's license (CDL) commits a serious traffic violation or
certain types of alcohol- or drug-related offenses while driving a
non-commercial vehicle, the violations do not affect the person's CDL and
the offenses are not registered on the CDL driving record. C.S.S.B. 1904
allows certain traffic violations committed by a person who holds a CDL in
a non-commercial vehicle to adversely affect the status of his or her CDL.
The bill also requires motor carriers to provide positive drug test
information to the Department of Public Safety (DPS) and permits DPS to
release the information to any person eligible to receive the information
under the Motor Vehicle Records Disclosure Act.
Current law allows the Department of Public Safety (DPS) to release four
types of driver history records: a status check, a three-year record, a
five-year record, and a certified abstract of a complete driving record.
The status check and three-year record are available interactively from
DPS to a license holder or an entity qualified under the Motor Vehicle
Disclosure Act to receive personal information regarding commercial
driver's license holders. The five-year record and certified abstract are
available only by a manual paper request. The manual paper request is
slower and less convenient that the interactive system, making the more
complete records less readily available to motor carriers needing the
information. C.S.S.B. 1904 authorizes an expansion of the interactive
release of records to include the five-year and certified complete
records.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution.
ANALYSIS
SECTION 1. Amends 472.022(f) of the Transportation Code by providing
that Articles 45.051 (Suspension of Sentence and Deferral of Final
Disposition) and 45.0511 (Deferred Disposition Procedures Applicable to
Traffic Offenses) of the Code of Criminal Procedure do not apply to an
offense under this section committed in a construction or maintenance
work zone when workers are present.
SECTION 2. Adds Section 521.0475 to the Transportation Code to require
DPS to provide a certified abstract of a complete driving record, for a
fee of $20, to the license holder or a person eligible to receive the
information under certain sections of the Motor Vehicle Records Disclosure
Act. If an abstract of a complete driving record does not exist for a
license holder, DPS must provide a person making a request with a
certified statement to that effect. The bill requires abstracts or
statements described in this section to not be marked as certified if
disseminated through the interactive system.
SECTION 3. Amends Section 521.052, Transportation Code, to provide an
exception to the general prohibition on disclosure of personal information
by DPS for information requested under Section 521.0475, relating to
abstract records. The bill deletes the exception on disclosure for
driving record abstracts requested under Section 601.022.
SECTION 4. Amends Section 521.053, Transportation Code, to allow DPS to
provide an abstract of a complete driving record about the holder of or
applicant for a commercial driver's license to a person eligible under the
Motor Vehicle Records Disclosure Act. The bill adds Section 521.053(c),
which allows DPS to disseminate information under this section through the
interactive system. Sets the fee for this service at $20. The bill adds
Section 521.053(d) to authorize DPS to provide information on positive
results on a controlled substance test to a commercial driver's license
holder, the license holder's current employer, or a person acting on
behalf of the employer upon receipt of the license holder's written
consent.
SECTION 5. Amends Section 521.055, Transportation Code, to provide that
the interactive system may provide for the release of driving records
described in:
(1) Section 521.045--birthday, license status, and most current address;
(2) Section 521.046--moving violations and accidents within the preceding
3-year period;
(3) Section 521.047--all information in the two preceding sections, plus
all other moving violations and accidents and the completion of any driver
education or driver safety course; and
(4) Section 521.0475--abstract of complete driving record.
SECTION 6. Amends Subdivision (25), Section 522.003, Transportation
Code, by redefining "serious traffic violation". Under the new
definition, a conviction arising from the driving of any motor vehicle,
rather than only those violations committed while operating a commercial
motor vehicle, for the offenses enumerated in this subdivision qualify as
a serious traffic violation.
SECTION 7. Amends Section 522.081, Transportation Code, as follows:
(a) Provides that this subsection applies to a violation committed while
operating any motor vehicle, including a commercial motor vehicle, rather
than only those violations committed while operating a commercial motor
vehicle. Deletes the disqualification of a person who holds a commercial
driver's license from driving a commercial motor vehicle for one year if
convicted of three violations of a law that regulates the operation of a
motor vehicle at a railroad grade crossing that occur within a three-year
period.
(b) Provides that this subsection applies to a violation committed while
operating any motor vehicle, including a commercial motor vehicle, except
as provided by this subsection.
Disqualifies a person who holds a commercial driver's license from driving
a commercial motor vehicle for one year:
_ if convicted of three violations of a law that regulates the operation
of a motor vehicle at a railroad grade crossing that occur within a
three-year period,
_ upon the first conviction of driving any motor vehicle under the
influence of alcohol or a controlled substances,
_ upon first conviction of leaving the scene of an accident involving any
motor vehicle driven by the person,
_ upon first conviction of using any motor vehicle in the commission of a
felony other than possession, manufacture, distribution, or dispensation
of a controlled substance or possession with intent to manufacture,
distribute, or dispense a controlled substance,
_ upon first conviction of causing the death of another person through
the negligent or criminal operation of any motor vehicle,
_ for refusing to submit to a test under Chapter 724 (Implied Consent) to
determine the person's alcohol concentration or the presence of a
controlled substance in the person's body while operating a motor vehicle
in a public place, or
_ if an analysis of the person's blood, breath, or urine under Chapter
724 determines that the person had an alcohol concentration of 0.04 or
more, or a controlled substance was present in the person's body while
operating a commercial motor vehicle in a public place, or that the person
had an alcohol concentration of 0.08 or more while operating a motor
vehicle, other than a commercial motor vehicle, in a public place.
(c) Disqualifies a person who holds a commercial driver's license from
driving a commercial motor vehicle for three years if:
_ the person is convicted of an offense for which the person would
otherwise be disqualified for one year under Section 522.081(b)(2) and the
vehicle being operated by the person was transporting a hazardous
material required to be placarded,
_ the person refuses to submit to a test under Chapter 724 to determine
the person's blood alcohol concentration or the presence of a controlled
substance in the person's body while operating a vehicle in a public place
and the vehicle was transporting a hazardous material required to be
placarded, or
_ an analysis of the person's blood, breath, or urine under Chapter 724
determines that while transporting a hazardous material required to be
placarded, the person had an alcohol concentration of 0.04 or more or a
controlled substance was present in the person's body, if the person was
operating a commercial motor vehicle, or if the test determines that the
person had an alcohol concentration of 0.08 or more, if the person was
operating any other motor vehicle.
(d) Disqualifies a person from driving a commercial vehicle for life for
any combination of two or more of the following, arising from two or more
separate incidents:
_ a conviction under for an offense listed in Subsection (b)(2),
describing those offenses resulting in a one-year disqualification;
_ a refusal to submit to a test for alcohol or controlled substances
under Chapter 724, as described by Subsection (b)(3); and
_ an analysis under Subsection (b)(4), determining that the person had an
alcohol concentration of 0.04 or more or the presence of a controlled
substance in the person's body, or, if the person was driving a motor
vehicle other than a commercial motor vehicle, an analysis showing an
alcohol concentration of 0.08 or more.
(e) Prohibits a person from being issued a commercial driver's license
if, in connection with the person's operation of a commercial motor
vehicle, the person commits an offense or engages in conduct that would
disqualify the holder of a commercial driver's license from operating a
commercial motor vehicle, or is determined to have had an alcohol
concentration of 0.04 or more or to have had a controlled substance
present in the person's body. Provides that the period of prohibition
under this subsection is equal to the appropriate period of
disqualification required by Subsections (a) - (d).
SECTION 8. Amends Section 522.087, Transportation Code, to make
conforming changes.
SECTION 9. Amends Section 643.052, Transportation Code, to add that a
motor carrier's application for registration with DPS must include a
certification that the carrier is in compliance with the drug testing
requirements of 49 C.F.R. Part 382, and, if the carrier belongs to a
consortium, the names of persons operating the consortium.
SECTION 10. Amends Section 643.056(a), Transportation Code, to require a
motor carrier to supplement its application for registration before the
carrier changes its consortium.
SECTION 11. Adds Section 643.064 to the Transportation Code, requiring a
motor carrier required to register with DPS to report to the department a
valid positive result on a controlled substances test performed as part of
the carrier's drug testing program or consortium on an employee of the
carrier who holds a commercial driver's license under Chapter 522. DPS is
required to maintain the information reported under this section, and the
information is confidential and only subject to release to those specified
under Chapter 730 (Motor Vehicle Records Disclosure Act).
SECTION 12. Amends Article 45.051, Code of Criminal Procedure, as
follows:
(a) Provides that an order of deferral under Subsection (a) terminates any
liability under a bail bond or an appearance bond given for the charge.
(b) Provides that the judge, at the judge's discretion, may require the
defendant to complete a driving safety course approved under the Texas
Driver and Traffic Safety Education Act or another course as directed by
the judge and present to the court satisfactory evidence that the
defendant has complied with each requirement imposed by the judge under
this article.
(c) Provides that the judge, on determining that the defendant has
complied with the requirements imposed under this article, shall dismiss
the complaint and clearly note in the docket that there is not a final
conviction. Other than an offense under Section 545.413 (Safety Belts;
Offense), Transportation Code, this subsection does not apply to an
offense involving the operation of a motor vehicle. At the conclusion of
the deferral period, if the defendant presents satisfactory evidence that
the defendant has complied with the requirements imposed, the justice
shall proceed with an adjudication of guilt but may not impose a fine
assessed or a reduced fine. Deletes language stating that the justice may
proceed with an adjudication of guilt and has the option of imposing the
fine assessed or reducing the fine assessed.
(d) Nonsubstantive changes
(e) Nonsubstantive changes
(f) Provides that this article does not apply to an offense to which
Section 542.404 (Fine for Offense in Construction or Maintenance Work
Zone) or 729.004(b) (Fine for Offense in Construction or Maintenance Work
Zone), Transportation Code, applies or to a traffic offense committed by a
person who holds a commercial driver's license.
SECTION 13. Amends Article 45.0511, Code of Criminal Procedure, as
follows:
(a) Provides that this article applies only to an alleged offense that is
within the jurisdiction of a justice court or a municipal court and is
defined by Section 472.002, Transportation Code, Subtitle C, Title 7,
Transportation Code, or Section 729.001(a)(3), Transportation Code
(b) Provides that the judge shall require the defendant to successfully
complete a driving safety course approved by the Texas Education Agency
(TEA) or a course under the motorcycle operator training and safety
program approved by the designated state agency if:
_the defendant elects a driving safety course or motorcycle operator
training course dismissal under this article;
_the defendant enters a plea under Article 45.021 in person or in writing
of no contest or guilty on or before the answer date on the notice to
appear;
_presents by counsel to the court a request to take a course; and
_the defendant has a valid Texas driver's license or permit.
Deletes language that requires the defendant to successfully complete a
driving safety course or a course under the motorcycle operator training
and safety program if:
_the court enters judgment on the person's plea of no contest or guilty at
the time the plea is made but defers imposition of the judgment for 180
days;
_the defendant's driving record shows the defendant has not completed an
approved driving safety course or motorcycle operator training course
within 12 months preceding the date of the offense; and
_the defendant files an affidavit with the court stating the person is not
taking a course under this section and has not completed a course not on
their driving record within 12 months preceding the date of the offense.
(c) Requires the court to enter judgment on the defendant's plea of no
contest or guilty at the time the plea is made, defer imposition of the
judgment, and allow the defendant 90 days to successfully complete the
approved driving safety course or motorcycle operator training course and
present to the court:
_a uniform certificate of completion of the driving safety course or a
verification of completion of a motorcycle operator training course;
_the defendant's driving record showing that the defendant had not
completed an approved driving safety course or motorcycle operator
training course, as applicable, within 12 months preceding the date of the
offense.
_an affidavit stating that the defendant was not taking a driving safety
course or motorcycle operator training course, as applicable, under this
article on the date the request to take the course was made and had not
completed such a course that is not shown on the defendant's driving
record within 12 months preceding the date of the offense.
(d) Provides that notwithstanding Subsections (b)(2) and (3), before the
final disposition of the case, the court is authorized to grant a request
to take a driving safety course or motorcycle operator training course.
(e) Provides that a request to take a motorcycle operator training course
made at or before the time and at the place at which a defendant is
required to appear in court is an appearance in compliance with the
defendant's promise to appear.
(f) In addition to court costs and fees authorized or imposed by a law of
this state and applicable to the offense, the court is authorized to:
_require a defendant requesting a course under Subsection (b) to pay an
administrative fee set by the court to cover the costs of administering
this article at an amount of not more than $10; or
_require a defendant requesting a course under Subsection (d) to pay a fee
set by the court at an amount not to exceed the maximum amount of the fine
for the offense committed by the defendant.
(g) Conforming change
(h) No changes
(i) Provides that if a defendant requesting a course under this article
fails to comply with Subsection (c), the court is required to:
_notify the defendant in writing, mailed to the address on file with the
court or appearing on the notice to appear, of that failure; and
_require the defendant to appear at the time and place stated in the
notice to show cause why the evidence was not timely submitted to the
court.
(j) Provides that if the defendant fails to appear at the time and place
stated in the notice under Subsection (i), or appears at the time and
place stated in the notice but does not show good cause for the
defendant's failure to comply with Subsection (c), the court shall enter
an adjudication of guilt and impose sentence.
(k) Provides that on a defendant's showing of good cause for failure to
furnish evidence to the court, the court may allow an extension of time
during which the defendant may present a verification of course completion
as evidence that the defendant successfully completed the motorcycle
operator training course.
(l) Provides that when a defendant complies with Subsection (c), the court
is required to proceed with an adjudication of guilt, but may not impose
the fine assessed or a reduced fine, and report the completion of a
motorcycle operator training course to the Department of Public Safety
(DPS).
(m) Provides that if the defendant is charged with more than one offense,
the defendant may complete a driving safety course in connection with only
one of the charges.
(n) Provides that an insurer is prohibited from canceling or increasing
the premium of a motor vehicle insurance policy in this state because the
court proceeded with an adjudication of guilt under Subsection (l)(1) or
because the insured completed a driving safety course or motorcycle
operator training course.
(o) Requires the court to advise a defendant charged with a misdemeanor
committed while operating a motor vehicle, under Section 472.022
(Miscellaneous Provisions) or Section 729.001(a)(3), Transportation Code,
relating to operation of a motor vehicle by a minor in violation of
traffic laws, of the defendant's right under this article to successfully
complete a driving safety course or a motorcycle operator training course,
as applicable. The right to complete a course does not apply to a
defendant charged with an offense to which Section 542.404 or 729.004(b),
Transportation Code (Fine for Offense in a Construction of Maintenance
Work Zone), applies, instead of Section 522.003, Transportation Code.
Deletes language that provides that the right to complete a course does
not apply to a defendant charged with a violation of Section 545.401 and
545.421, Transportation Code.
(p) Provides that a notice to appear issued for an offense to which this
article applies must inform a defendant charged with an offense under
Section 472.002, Transportation Code, Subtitle C, Title 7, Transportation
Code, or Section 729.001(a)(3), Transportation Code, committed while
operating a motor vehicle, of the defendant's right to complete a driving
safety course or a motorcycle operator training course, as applicable.
The notice must read substantially as follows:
"You may be able to require that this charge be dismissed by successfully
completing a driving safety course or a motorcycle operator training
course. You will lose that right if, on or before your appearance date,
you do not provide the court with notice of your request to take the
course."
(q) Provides that if the notice required by Subsection (p) is not provided
to the defendant charged with the offense, the defendant may continue to
exercise the defendant's right to take a driving safety course or a
motorcycle operator training course until the notice required by
Subsection (p) is provided to the defendant or there is a final
disposition of the case.
(r) Provides that this article does not apply to an offense committed by a
person who holds a commercial driver's license.
(s) Provides that an order of deferral under Subsection (c) terminates any
liability under a bail bond or appearance bond given for the charge.
Deletes language providing that nothing in this article shall prevent a
court from assessing a special expense for deferred disposition in the
same manner provided by Article 45.051 and establishes the fees the court
can collect.
SECTION 14. Repeals Section 543.101 (Statement of Right Provided on
Notice to Appear), 543.117 (Offense in Construction or Maintenance Work
Zone), and 601.022 (Department to Provide Operating Record),
Transportation Code.
SECTION 15. Provides that this Act takes effect September 1, 2003,
except for SECTIONS 6-8 of this Act, which take effect June 1, 2005.
EFFECTIVE DATE
This Act takes effect September 1, 2003.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute modifies the original by deleting the provision that
Articles 45.051 and 45.0511, relating to deferred adjudication and
deferred disposition for traffic offenses, do not apply to an offense
involving the operation of a commercial motor vehicle or an offense
involving the operation of any other motor vehicle committed by a person
who held a CDL at the time of the offense or holds a CDL at the time the
person enters a plea of guilty or nolo contendere or is found guilty of
the offense.
The substitute adds SECTIONS 1-5 and SECTIONS 9-15 to the original bill.