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78R12383 MTB-F
By: Driver H.B. No. 2553
Substitute the following for H.B. No. 2553:
By: Keel C.S.H.B. No. 2553
A BILL TO BE ENTITLED
AN ACT
relating to certain records kept by the Department of Public Safety
involving the holder of a driver's license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 521, Transportation Code,
is amended by adding Section 521.0475 to read as follows:
Sec. 521.0475. DISCLOSURE OF ABSTRACT RECORD. (a) Except
as provided by Subsection (b) or (c), the department shall provide a
certified abstract of a complete driving record of a license
holder, for a fee of $20, to the license holder or a person eligible
to receive the information under Sections 730.007(a)(2)(A), (D),
and (I).
(b) If an abstract of a complete driving record does not
exist for a license holder, the department shall provide a person
making a request under Subsection (a) a certified statement to that
effect.
(c) If the department provides information under Subsection
(a) or (b) through the system described by Section 521.055, the
information may not be marked as certified.
SECTION 2. Section 521.052, Transportation Code, is amended
to read as follows:
Sec. 521.052. DISCLOSURE OF INDIVIDUAL INFORMATION
PROHIBITED. Except as provided by Sections 521.045, 521.046,
521.0475, 521.049(c), and 521.050[, and 601.022], and by Chapter
730, the department may not disclose information from the
department's files that relates to personal information, as that
term is defined by Section 730.003.
SECTION 3. Section 521.053, Transportation Code, is amended
by amending Subsection (a) and adding Subsections (c) and (d) to
read as follows:
(a) The department may provide to any person the information
specified by Section 521.045, 521.046, 521.0475, or 521.047 [and by
Section 601.022], for the fee required by those sections, that
relate to the holder of or applicant for a commercial driver's
license under Chapter 522 if the person is eligible to receive the
information under Chapter 730.
(c) The department may provide information under Subsection
(a) through the system described by Section 521.055.
(d) The department may provide information maintained under
Section 643.064 that relates to a holder of a commercial driver's
license under Chapter 522 to the holder, the holder's current
employer, or a person acting on behalf of the employer if the
department receives the holder's specific written consent to the
release of information.
SECTION 4. Sections 521.055(b) and (c), Transportation
Code, are amended to read as follows:
(b) The system may provide for the release of driving
records described in [the following information]:
(1) [the status check described in] Section 521.045;
[and]
(2) [the three-year driving record under] Section
521.046;
(3) Section 521.047; and
(4) Section 521.0475.
(c) The fee for a driving record [status check] under
Subsection (b)(1) is $2.50. The fee for a [three-year] driving
record under Subsection (b)(2) is $4.50. The fee for a driving
record under Subsection (b)(3) is $5.50. The fee for a driving
record under Subsection (b)(4) is $20.
SECTION 5. Section 643.052, Transportation Code, is amended
to read as follows:
Sec. 643.052. APPLICATION. To register under this
subchapter a motor carrier must submit to the department an
application on a form prescribed by the department. The
application must include:
(1) the name of the owner and the principal business
address of the motor carrier;
(2) the name and address of the legal agent for service
of process on the carrier in this state, if different;
(3) a description of each vehicle requiring
registration the carrier proposes to operate, including the motor
vehicle identification number, make, and unit number;
(4) a statement as to whether the carrier proposes to
transport household goods or a hazardous material;
(5) a declaration that the applicant has knowledge of
all laws and rules relating to motor carrier safety, including this
chapter, Chapter 644, and Subtitle C; [and]
(6) 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, as defined by 49 C.F.R. Part 382,
the names of the persons operating the consortium; and
(7) any other information the department by rule
determines is necessary for the safe operation of a motor carrier
under this chapter.
SECTION 6. Section 643.056(a), Transportation Code, is
amended to read as follows:
(a) A motor carrier required to register under this
subchapter shall supplement the carrier's application for
registration before:
(1) the carrier transports a hazardous material or
household goods if the carrier has not provided notice of the
transportation to the department in the carrier's initial or a
supplemental application for registration;
(2) the carrier operates a vehicle requiring
registration that is not described on the carrier's initial or a
supplemental application for registration; or
(3) the carrier changes the carrier's principal
business address, legal agent, ownership, consortium, as defined by
49 C.F.R. Part 382, or name.
SECTION 7. Subchapter B, Chapter 643, Transportation Code,
is amended by adding Section 643.064 to read as follows:
Sec. 643.064. REPORT OF POSITIVE RESULT. (a) A motor
carrier required to register under this chapter shall report to the
Department of Public Safety a valid positive result on a controlled
substances test performed as part of the carrier's drug testing
program or consortium, as defined by 49 C.F.R. Part 382, on an
employee of the carrier who holds a commercial driver's license
under Chapter 522.
(b) The Department of Public Safety shall maintain the
information provided under this section.
(c) Information maintained under this section is
confidential and only subject to release as provided by Section
521.053.
SECTION 8. Section 601.022, Transportation Code, is
repealed.
SECTION 9. This Act takes effect September 1, 2003.