78R6304 JTS-D

By:  Bailey                                                       H.B. No. 2368



A BILL TO BE ENTITLED

AN ACT

relating to the enforcement of commercial motor vehicle safety 
standards.   
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 644, Transportation Code, 
is amended by adding Section 644.106 to read as follows:
	Sec. 644.106.  IMMINENT HAZARD.  (a)  If the department 
determines that a violation of this chapter, a violation of a rule 
adopted under this chapter, or a combination of such violations 
presents an imminent hazard to safety, the department shall:
		(1)  order a motor vehicle that is subject to this 
chapter or the operator of the vehicle out of service; or
		(2)  order a person required to register under this 
chapter to cease all or part of the person's commercial motor 
vehicle operations in this state.
	(b)  In issuing an order under Subsection (a)(1), the 
department may not impose a restriction on the person beyond that 
required to abate the hazard.
	(c)  In this section, "imminent hazard" means a condition of 
a vehicle, person, or commercial motor vehicle operation that 
substantially increases the likelihood of serious injury or death 
if not discontinued immediately.
	SECTION 2.  Section 644.151(b), Transportation Code, is 
amended to read as follows:
	(b)  An offense under this section is a Class B [C] 
misdemeanor.
	SECTION 3.  Section 644.152(a), Transportation Code, is 
amended to read as follows:
	(a)  A person who does not permit an inspection authorized by 
Section 644.104 is liable to the state for a civil penalty in an 
amount not to exceed $2,000 [$1,000].
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.