S.B. No. 1074
AN ACT
relating to the authority of the Department of Public Safety of the
State of Texas or the public safety director to adopt rules in
connection with commercial motor vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 644.002, Transportation
Code, is amended to read as follows:
(a) A federal motor carrier safety regulation prevails over
a conflicting provision of this title applicable to a commercial
vehicle operated in interstate commerce. A [chapter or a] rule
adopted by the director under this chapter prevails over a
conflicting provision of a federal motor carrier safety regulation
applicable to a commercial vehicle operated in intrastate commerce.
SECTION 2. Subsections (a) and (b), Section 644.053,
Transportation Code, are amended to read as follows:
(a) A rule adopted under this chapter may not:
(1) prevent an intrastate operator from operating a
vehicle up to 12 hours following eight consecutive hours off;
(2) require a person to meet the medical standards
provided in the federal motor carrier safety regulations if the
person:
(A) was regularly employed in this state as a
commercial motor vehicle operator in intrastate commerce before
August 28, 1989; and
(B) is not transporting property that requires a
hazardous material placard;
(3) require a person who returns to the work-reporting
location, is released from work within 12 consecutive hours, has at
least eight consecutive hours off between each 12-hour period the
person is on duty, and operates within a 150-air-mile radius of the
normal work-reporting location to maintain a driver's record of
duty status as described by 49 C.F.R. Section 395.8, provided that
the person maintains time records in compliance with 49 C.F.R.
Section 395.1(e)(5) and documents that verify the truth and
accuracy of the time records such as [government form, separate
company form, operator's record of duty status, or operator's daily
log for operations within a 150-mile radius of the normal
work-reporting location if a general record of an operator's hours
of service can be compiled from]:
(A) business records maintained by the owner that
provide the date, time, and location of the delivery of a product or
service; or
(B) documents required to be maintained by law,
including delivery tickets or sales invoices, that provide the date
of delivery and the quantity of merchandise delivered; or
(4) impose during a planting or harvesting season
maximum driving and on-duty times on an operator of a vehicle
transporting an agricultural commodity in intrastate commerce for
agricultural purposes from the source of the commodity to the first
place of processing or storage or the distribution point for the
commodity, if the place is located within 150 air miles of the
source.
(b) For purposes of Subsection (a)(3)(A), an owner's time
[business] records must at a minimum [generally] include:
(1) the time an operator reports for duty each day;
(2) the number of hours an operator is on duty each
day;
(3) the time an operator is released from duty each
day; and
(4) an operator's signed statement in compliance with
49 C.F.R. Section 395.8(j)(2).
SECTION 3. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1074 passed the Senate on
April 14, 2005, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 27, 2005, by the
following vote: Yeas 29, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1074 passed the House, with
amendment, on May 25, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor