BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1258

79R7199 JD-F                                                                                                                 By: Lindsay

                                                                                                 Transportation & Homeland Security

                                                                                                                                            3/24/2005

                                                                                                                                              As Filed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Current law allows the Texas Department of Public Safety (DPS) to issue a commercial driver's license (CDL) with endorsements for driving a vehicle transporting hazardous materials.  However, there is no reference to the new federal regulations regarding a security threat assessment for those who hold such an endorsement.  As proposed, S.B. 1258 references the new federal regulations and requires DPS to only issue such an endorsement if the individual meets the requirements of Title 49 C.F.R. Part 1572.  In addition, S.B. 1258 changes the expiration date of the CDL from six years to five years after issuance to provide consistency with the five-year period of the hazardous materials endorsement.  

 

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 522.042(a), Transportation Code, to authorize the Texas Department of Public Safety to issue a commercial driver's license with endorsements authorizing the driving of a vehicle transporting hazardous materials, subject to the requirements of Title 49 C.F.R. Part 1572. 

 

SECTION 2.  Amends Sections 522.051(a)-(d), Transportation Code, as follows:

 

(a)  Provides that except as provided by Section 522.033, an original commercial driver's license or commercial driver learner's permit expires five years, rather than six years, after the applicant's next birthday.

 

(b)-(d) Makes conforming changes.

 

SECTION 3.  Amends Section 522.052(b), Transportation Code, to make a conforming change.

 

SECTION 4.  Makes application of this Act prospective.

 

SECTION 5.  Effective date:  September 1, 2005