80R5812 MTB-D
 
  By: Jackson H.B. No. 1274
 
 
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the requirement of speaking and reading the English
language as a condition for the issuance of a commercial driver's
license.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Sections 522.023(b) and (g), Transportation
Code, are amended to read as follows:
       (b)  The knowledge test must be conducted by the department
in English.  The department shall provide each applicant who has a
reading impairment an opportunity to take the knowledge test orally
or, at the applicant's option, the applicant may have the questions
read to the applicant and may answer in writing.
       (g)  The department shall test the applicant's ability to
speak and read the English language, including the ability to
understand highway traffic signs and signals that are written in
English.
       SECTION 2.  Section 522.043, Transportation Code, is amended
to read as follows:
       Sec. 522.043.  RESTRICTIONS; OFFENSE. (a)  On issuing a
commercial driver's license, the department for good cause may
impose one or more restrictions suitable to the license holder's
driving ability and limitations, including restrictions:
             (1)  prohibiting the license holder from driving a
vehicle equipped with air brakes; and
             (2)  as provided by 49 C.F.R. Part 391, prohibiting
driving a commercial vehicle in interstate commerce by a person
who:
                   (A)  is under 21 years of age; or
                   (B)  does not meet applicable physical
guidelines[; or
                   [(C)  cannot sufficiently read and speak the
English language.
       [(b)  For purposes of this section, the department may not
administer examinations or tests relating to the applicant's
proficiency in the English language, but if an applicant cannot
speak English sufficiently to communicate to department personnel
the applicant's need for a commercial driver's license, the
department may issue to the person a commercial driver's license
restricted to operation in intrastate commerce].
       (b)  [(c)]  A person commits an offense if the person drives
a commercial motor vehicle in violation of a restriction. An
offense under this section is a Class C misdemeanor.
       SECTION 3.  Sections 522.023 and 522.043, Transportation
Code, as amended by this Act, apply only to an application for a
commercial driver's license that is filed on or after the effective
date of this Act. An application for a commercial driver's license
that was filed before the effective date of this Act is governed by
the law in effect immediately before the effective date of this Act,
and the former law is continued in effect for that purpose.
       SECTION 4.  This Act takes effect September 1, 2007.