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BILL ANALYSIS

 

 

                                                                                                                                              S.B. 333

                                                                                                                                          By: Carona

                                                                                                                               Law Enforcement

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Currently, persons with a commercial drivers license (CDL) driving commercial motor vehicles over 26,000 pounds are subject to a Class B misdemeanor for violating an out–of–service order (if they travel without breaks, for example).  A driver without a CDL operating a commercial motor vehicle violating the out–of–service order is only subject to a Class C misdemeanor.  People without a CDL do operate smaller commercial motor vehicles, but these people are not subject to the same penalties for violating an out–of–service order as are those with a CDL.

 

As proposed, S.B. 333 applies the sanction for violating an out–of–service order to the operators of smaller commercial motor vehicles (with a gross weight rating of 10,001 lbs. to 26,000 lbs.).  This would mean that a person driving a commercial motor vehicle who does not have or need to have a CDL is subject to the same penalties as those who do have a CDL.

 

RULEMAKING AUTHORITY

 

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

 

ANALYSIS

 

SECTION 1.  Amends Section 522.071, Transportation Code, by amending Subsection (a) and adding Subsection (e), as follows: 

 

(a) Sets forth that it is an offense to drive a commercial motor vehicle on a highway in violation of, rather than during a period in which a person is subject to, an out-of-service order.

 

(e) Defines "commercial motor vehicle."

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: September 1, 2007.

 

EFFECTIVE DATE

 

September 1, 2007