BILL ANALYSIS

 

 

                                                                                                                                              S.B. 332

                                                                                                                                          By: Carona

                                                                                                                               Law Enforcement

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Current law does not prohibit intrastate travel for a motor carrier that has been deemed unfit or unsafe for interstate travel, by the Federal Motor Carrier Safety Administration.

 

S.B. 332 authorizes the state to prohibit a motor carrier from operating intrastate commerce if the Federal Motor Carrier Safety Administration has prohibited the carrier from operating in interstate commerce due to the carrier being deemed unfit or unsafe.

 

RULEMAKING AUTHORITY

 

It is the opinion of the committee that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

SECTION 1.  Amends Section 522.072, Transportation Code, by amending Subsection (a) and adding Subsections (b-1) and (d), as follows:

 

(a)  Adds a provision to the prohibitions regarding the operation of a commercial motor vehicle to prohibit an employer from knowingly permitting a person to drive such a vehicle if the employer is subject to an out-of-service order affecting a driver or vehicle.  Makes nonsubstantive changes.

 

(b-1)  Provides that an employer violating Subsections (a) or (b) commits a Class B misdemeanor offense.

 

(d)  Defines "commercial motor vehicle."

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: September 1, 2007.

 

EFFECTIVE DATE

 

September 1, 2007