78R6952 MTB-D
By: Gallegos S.B. No. 1679
A BILL TO BE ENTITLED
AN ACT
relating to the driving record of the holder of a commercial
driver's license and the operation of commercial motor vehicles;
creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 522, Transportation Code,
is amended by adding Section 522.0615 to read as follows:
Sec. 522.0615. DUTY OF EMPLOYER. Every six months during
the person's employment, an employer of a person who holds or is
required to hold a commercial driver's license under this chapter
shall obtain information relating to the person under Section
730.005(b), including information on:
(1) convictions relating to motor vehicle traffic
control;
(2) disqualifications from driving a commercial motor
vehicle; and
(3) reports made under Section 522.104.
SECTION 2. Section 522.064, Transportation Code, is amended
by adding Subsection (d) to read as follows:
(d) A person commits an offense if the person fails to
provide the information required under Subsection (a) or (b) or
provides false information under Subsection (a) or (b). An offense
under this subsection is a Class C misdemeanor.
SECTION 3. Section 522.081(b), Transportation Code, is
amended to read as follows:
(b) A person is disqualified from driving a commercial motor
vehicle for three years [one year] on first conviction of:
(1) driving a commercial motor vehicle under the
influence of alcohol or a controlled substance, including a
violation of Section 49.04 or 49.07, Penal Code;
(2) driving a commercial motor vehicle while the
person's alcohol concentration was 0.04 or more;
(3) intentionally leaving the scene of an accident
involving a commercial motor vehicle driven by the person;
(4) using a commercial motor vehicle in the commission
of a felony, other than a felony described by Subsection (d)(2);
(5) refusing to submit to a test to determine the
person's alcohol concentration or the presence in the person's body
of a controlled substance or drug while driving a commercial motor
vehicle;
(6) causing the death of another person through the
negligent or criminal operation of a commercial motor vehicle; or
(7) driving a commercial motor vehicle while the
person's commercial driver's license is revoked, suspended, or
canceled, or while the person is disqualified from driving a
commercial motor vehicle, for an action or conduct that occurred
while operating a commercial motor vehicle.
SECTION 4. Section 730.005, Transportation Code, is amended
to read as follows:
Sec. 730.005. REQUIRED DISCLOSURE. (a) Personal
information obtained by an agency in connection with a motor
vehicle record shall be disclosed for use in connection with any
matter of:
(1) motor vehicle or motor vehicle operator safety;
(2) motor vehicle theft;
(3) motor vehicle emissions;
(4) motor vehicle product alterations, recalls, or
advisories;
(5) performance monitoring of motor vehicles or motor
vehicle dealers by a motor vehicle manufacturer;
(6) removal of nonowner records from the original
owner records of a motor vehicle manufacturer to carry out the
purposes of:
(A) the Automobile Information Disclosure Act,
15 U.S.C. Section 1231 et seq.;
(B) 49 U.S.C. Chapters 301, 305, 323, 325, 327,
329, and 331;
(C) the Anti Car Theft Act of 1992, 18 U.S.C.
Sections 553, 981, 982, 2119, 2312, 2313, and 2322, 19 U.S.C.
Sections 1646b and 1646c, and 42 U.S.C. Section 3750a et seq., all
as amended;
(D) the Clean Air Act, 42 U.S.C. Section 7401 et
seq., as amended; and
(E) any other statute or regulation enacted or
adopted under or in relation to a law included in Paragraphs
(A)-(D); or
(7) child support enforcement under Chapter 231,
Family Code.
(b) Personal information obtained by an agency in
connection with a motor vehicle record shall be disclosed to any
requestor by an agency if the requestor:
(1) provides the requestor's name and address and any
proof of that information required by the agency; and
(2) represents that the use of the personal
information will be strictly limited to use by an employer or an
agent or insurer of the employer to obtain or verify information
relating to a holder of a commercial driver's license that is
required under federal law.
SECTION 5. Section 730.007(a), Transportation Code, is
amended to read as follows:
(a) Personal information obtained by an agency in
connection with a motor vehicle record may be disclosed to any
requestor by an agency if the requestor:
(1) provides the requestor's name and address and any
proof of that information required by the agency; and
(2) represents that the use of the personal
information will be strictly limited to:
(A) use by:
(i) a government agency, including any
court or law enforcement agency, in carrying out its functions; or
(ii) a private person or entity acting on
behalf of a government agency in carrying out the functions of the
agency;
(B) use in connection with a matter of:
(i) motor vehicle or motor vehicle operator
safety;
(ii) motor vehicle theft;
(iii) motor vehicle product alterations,
recalls, or advisories;
(iv) performance monitoring of motor
vehicles, motor vehicle parts, or motor vehicle dealers;
(v) motor vehicle market research
activities, including survey research; or
(vi) removal of nonowner records from the
original owner records of motor vehicle manufacturers;
(C) use in the normal course of business by a
legitimate business or an authorized agent of the business, but
only:
(i) to verify the accuracy of personal
information submitted by the individual to the business or the
agent of the business; and
(ii) if the information is not correct, to
obtain the correct information, for the sole purpose of preventing
fraud by, pursuing a legal remedy against, or recovering on a debt
or security interest against the individual;
(D) use in conjunction with a civil, criminal,
administrative, or arbitral proceeding in any court or government
agency or before any self-regulatory body, including service of
process, investigation in anticipation of litigation, execution or
enforcement of a judgment or order, or under an order of any court;
(E) use in research or in producing statistical
reports, but only if the personal information is not published,
redisclosed, or used to contact any individual;
(F) use by an insurer or insurance support
organization, or by a self-insured entity, or an authorized agent
of the entity, in connection with claims investigation activities,
antifraud activities, rating, or underwriting;
(G) use in providing notice to an owner of a towed
or impounded vehicle;
(H) use by a licensed private investigator agency
or licensed security service for a purpose permitted under this
section;
(I) [use by an employer or an agent or insurer of
the employer to obtain or verify information relating to a holder of
a commercial driver's license that is required under 49 U.S.C.
Chapter 313;
[(J)] use in connection with the operation of a
private toll transportation facility;
(J) [(K)] use by a consumer reporting agency, as
defined by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et
seq.), for a purpose permitted under that Act; or
(K) [(L)] use for any other purpose specifically
authorized by law that relates to the operation of a motor vehicle
or to public safety.
SECTION 6. Section 12.51, Penal Code, is amended by
amending Subsections (b) and (c) and adding Subsection (f) to read
as follows:
(b) If a corporation or association is adjudged guilty of an
offense that provides a penalty including imprisonment, or that
provides no specific penalty, a court may sentence the corporation
or association to pay a fine in an amount fixed by the court, not to
exceed:
(1) $20,000 if the offense is a felony of any category;
(2) $10,000 if the offense is a Class A or Class B
misdemeanor;
(3) $2,000 if the offense is a Class C misdemeanor;
[or]
(4) $50,000 if, as a result of an offense classified as
a felony or Class A misdemeanor, an individual suffers serious
bodily injury or death; or
(5) $100,000 if, as a result of criminally negligent
conduct involving the inspection, maintenance, or operation of a
commercial motor vehicle, an individual suffers death.
(c) In lieu of the fines authorized by Subsections (a),
(b)(1), (b)(2), [and] (b)(4), and (b)(5), if a court finds that the
corporation or association gained money or property or caused
personal injury or death, property damage, or other loss through
the commission of a felony or Class A or Class B misdemeanor, the
court may sentence the corporation or association to pay a fine in
an amount fixed by the court, not to exceed double the amount gained
or caused by the corporation or association to be lost or damaged,
whichever is greater.
(f) In this section, "commercial motor vehicle" means a
self-propelled or towed vehicle that is used on a public highway to
transport cargo if the vehicle or combination of vehicles has a
gross weight, registered weight, or gross weight rating of more
than 26,000 pounds.
SECTION 7. (a) This Act takes effect September 1, 2003.
(b) The change in law made by this Act applies only to an
offense committed on or after September 1, 2003. An offense
committed before September 1, 2003, is covered by the law in effect
when the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this subsection, an
offense was committed before September 1, 2003, if any element of
the offense was committed before that date.