BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1257

79R7197 JD-F                                                                                                                 By: Lindsay

                                                                                                 Transportation & Homeland Security

                                                                                                                                            3/28/2005

                                                                                                                                              As Filed

 

 

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. 

 

As proposed, 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 also prevents holders of a commercial driver's license (CDL) at the time of a violation from taking a defensive driving class.  The bill also deletes contradictory subsections in Chapter 521.292, Transportation Code, regarding the circumstances in which a license may be suspended.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

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 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 4.  Makes a conforming change.

 

SECTION 5.  Makes application of this Act prospective.

 

SECTION 6.  Effective date: September 1, 2005.