BILL ANALYSIS
Senate Research Center S.B. 1257
By: Lindsay
Transportation & Homeland Security
AUTHOR'S/SPONSOR'S STATEMENT OF INTENT
New provisions enacted under the Federal Motor Carrier Safety Improvement Act are not reflected in current Texas law.
S.B. 1257 brings state law in accordance with new federal motor carrier regulations by exempting United States Coast Guard personnel from Chapter 522.004, Government Code. The bill prevents a holder of a commercial driver's license (CDL) at the time of a violation from taking a defensive driving class. It also prohibits the usage of a wireless communications device by licensed motorists under a certain age while operating certain motor vehicles or by bus operators with minor passengers on board the vehicle. The bill deletes contradictory subsections in Chapter 521.292, Transportation Code, regarding the circumstances in which a license may be suspended.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 521.292(a), Transportation Code, as follows:
(a) Deletes existing text providing that a violation of a restriction or an endorsement imposed on the use of a driver's license (license) is grounds for the suspension of a person's license. Makes nonsubstantive changes and redesignates subdivisions to reflect that deletion.
SECTION 2. Amends Section 522.004(a), Transportation Code, to provide that this section does not apply to personnel serving in the United States Coast Guard.
SECTION 3. Amends Section 522.081, Transportation Code, by adding Subsection (g) to prohibit a person who holds a commercial driver's license (CDL) from operating a commercial motor vehicle if the person's driving is determined to constitute an imminent hazard under 49 C.F.R. Section 383.52. Provides that the disqualification is for the disqualification period imposed under that section and requires the disqualification to be noted on the person's driving record.
SECTION 4. Amends Sections 545.424(a) and (b), Transportation Code, as follows:
(a) Prohibits a person under 18 years of age, during the six-month period following issuance of an original Class A, B, or C driver's license to the person from operating a motor vehicle while using a wireless communications device.
(b) Prohibits a person under 17 years of age who holds a restricted motorcycle license or moped license, during the six-month period following the issuance of an original motorcycle license or moped license to the person, from operating a motorcycle or moped while using a wireless communications device.
SECTION 5. Amends Subchapter I, Chapter 545, Transportation Code, by adding Section 545.425, as follows:
Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE BY CERTAIN MOTORISTS. Prohibits a person from using a wireless communication device while operating a passenger bus with a minor passenger on the bus except in case of emergency or if the passenger bus is not in motion.
SECTION 6. Amends Article 45.051(f), Code of Criminal Procedure, to provide that this article does not apply to a person who held a commercial driver's license when the offense was committed.
SECTION 7. Amends Article 45.0511(5), Code of Criminal Procedure, to make a conforming change.
SECTION 8. Makes application of this Act prospective.
SECTION 9. Effective date: September 1, 2005.