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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of motor vehicles and commercial motor |
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vehicles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 521.049, Transportation Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) The department shall respond to a request for a driving |
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record check received from another state under 49 C.F.R. Section |
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384.206 within 30 days of the date of the request. |
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SECTION 2. Section 521.297, Transportation Code, is amended |
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to read as follows: |
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Sec. 521.297. SUSPENSION, [OR] REVOCATION, OR |
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DISQUALIFICATION EFFECTIVE DATE. (a) A license suspension under |
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Section 521.292 or revocation under Section 521.294 takes effect on |
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the 40th day after the date the person is considered to have |
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received notice of the suspension or revocation under Section |
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521.295(b). |
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(b) A license disqualification under Section 522.081(a) |
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takes effect on the 40th day after the date the person is considered |
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to have received notice of the disqualification under Section |
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521.295(b), unless a disqualification is currently in effect. If a |
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disqualification is currently in effect, the periods of |
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disqualifications run consecutively. |
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SECTION 3. Sections 522.003(7) and (19), Transportation |
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Code, are amended to read as follows: |
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(7) "Conviction" means: |
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(A) an adjudication of guilt, an unvacated |
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forfeiture of bail or collateral deposited to secure the person's |
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appearance in court, a plea of guilty or nolo contendere accepted by |
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the court, the payment of a fine or court costs, or the violation of |
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a condition of release without bail, in a court, regardless of |
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whether the penalty is suspended, probated, or rebated; or |
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(B) a determination by a court, an authorized |
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administrative tribunal or officer, or the department as authorized |
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by this chapter that: |
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(i) the person has refused to give a |
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specimen to determine the person's alcohol concentration or the |
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presence in the person's body of a controlled substance or drug |
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while driving a commercial motor vehicle; or |
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(ii) the person has driven a commercial |
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motor vehicle while the person's alcohol concentration was 0.04 or |
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more. |
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(19) "Hazardous materials" has the meaning assigned by |
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49 C.F.R. Section 383.5 [the Hazardous Materials Transportation Act
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(49 U.S.C. Section 1801 et seq.)]. |
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SECTION 4. Section 522.004(a), Transportation Code, is |
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amended to read as follows: |
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(a) This chapter does not apply to: |
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(1) a vehicle that is controlled and operated by a |
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farmer and: |
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(A) used to transport agricultural products, |
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farm machinery, or farm supplies to or from a farm; |
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(B) used within 150 miles of the person's farm; |
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and |
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(C) not used in the operations of a common or |
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contract motor carrier; |
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(2) a fire-fighting or emergency vehicle necessary to |
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the preservation of life or property or the execution of emergency |
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governmental functions, whether operated by an employee of a |
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political subdivision or by a volunteer fire fighter; |
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(3) a military vehicle or a commercial motor vehicle, |
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when operated for military purposes by military personnel, |
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including: |
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(A) active duty military personnel, including |
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personnel serving in the United States Coast Guard; and |
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(B) members of the reserves and national guard on |
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active duty, including personnel on full-time national guard duty, |
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personnel engaged in part-time training, and national guard |
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military technicians; |
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(4) a recreational vehicle that is driven for personal |
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use; |
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(5) a vehicle that is owned, leased, or controlled by |
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an air carrier, as defined by Section 21.155, and that is driven or |
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operated exclusively by an employee of the air carrier only on the |
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premises of an airport, as defined by Section 22.001, on service |
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roads to which the public does not have access; or |
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(6) a vehicle used exclusively to transport seed |
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cotton modules or cotton burrs. |
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SECTION 5. Section 522.023, Transportation Code, is amended |
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by adding Subsections (h) and (i) to read as follows: |
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(h) An applicant who pays the applicable fee required by |
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Section 522.029 is entitled to three examinations of each element |
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under Section 522.022. If the applicant has not qualified after the |
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third examination, the applicant must submit a new application |
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accompanied by the required fee. |
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(i) The department may not issue a commercial driver's |
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license to a person who has not passed each examination required |
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under this chapter. |
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SECTION 6. Subchapter D, Chapter 522, Transportation Code, |
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is amended by adding Section 522.0425 to read as follows: |
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Sec. 522.0425. HAZARDOUS MATERIALS ENDORSEMENT; |
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CANCELLATION. (a) The department shall cancel or deny the issuance |
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of a hazardous materials endorsement of a person's commercial |
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driver's license within 15 days of the date the department receives |
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notification from a federal agency authorized to make a final |
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determination of threat assessment under 49 C.F.R. Section 1572.13. |
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(b) On receipt of a notification from a federal agency |
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authorized to make an initial determination of threat assessment |
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under 49 C.F.R. Section 1572.13, the department shall immediately |
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cancel or deny the person the issuance of a hazardous materials |
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endorsement of a commercial driver's license. |
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(c) The cancellation or denial of a hazardous materials |
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endorsement under this section shall be reported to the commercial |
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driver's license information system before the 16th day after the |
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date of cancellation or denial. |
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SECTION 7. Subchapter E, Chapter 522, Transportation Code, |
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is amended by adding Sections 522.054 and 522.055 to read as |
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follows: |
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Sec. 522.054. DENIAL OF RENEWAL OF COMMERCIAL DRIVER |
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LICENSE. (a) In the manner ordered by a court in another state in |
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connection with a matter involving the violation of a state law or |
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local ordinance relating to motor vehicle traffic control and on |
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receipt of the necessary information from the other state, the |
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department may deny renewal of the commercial driver's license |
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issued to a person by the department for the person's: |
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(1) failure to appear in connection with a complaint |
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or citation; or |
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(2) failure to pay or satisfy a judgment ordering the |
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payment of a fine and costs. |
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(b) The information necessary under Subsection (a) may be |
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transmitted through the commercial driver's license information |
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system and must include: |
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(1) the name, date of birth, and the commercial |
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driver's license number of the license held by the person; |
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(2) notice that the person failed to appear as |
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required by law or failed to satisfy a judgment that ordered the |
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payment of a fine and costs in the manner ordered by the court; |
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(3) the nature of the violation; and |
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(4) any other information required by the department. |
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Sec. 522.055. CLEARANCE NOTICE TO DEPARTMENT. On receipt |
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of notice from the other state that the grounds for denial of the |
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renewal of the commercial driver's license based on the license |
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holder's previous failure to appear or failure to pay a fine and |
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costs previously reported by that state under Section 522.054 have |
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ceased to exist, the department shall renew the person's commercial |
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driver's license. |
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SECTION 8. Section 522.071(a), Transportation Code, is |
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amended to read as follows: |
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(a) A person commits an offense if the person drives a |
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commercial motor vehicle on a highway: |
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(1) after the person has been denied the issuance of a |
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license, unless the person has a driver's license appropriate for |
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the class of vehicle being driven that was subsequently issued; |
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(2) during a period that a disqualification of the |
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person's driver's license or privilege is in effect; |
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(3) while the person's driver's license is expired, if |
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the license expired during a period of disqualification; |
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(4) during a period that the person was subject to an |
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order prohibiting the person from obtaining a driver's license; or |
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(5) during a period in which the person, the person's |
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employer, or the vehicle being operated is subject to an |
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out-of-service order. |
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SECTION 9. Section 522.072(a), Transportation Code, is |
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amended to read as follows: |
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(a) An employer may not knowingly permit a person to drive a |
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commercial motor vehicle during a period in which [the person]: |
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(1) the person has been denied the privilege of |
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driving a commercial motor vehicle; |
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(2) the person is disqualified from driving a |
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commercial motor vehicle; |
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(3) the person, the person's employer, or the vehicle |
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being operated is subject to an out-of-service order in a state; or |
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(4) the person has more than one commercial driver's |
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license, except during the 10-day period beginning on the date the |
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person is issued a driver's license. |
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SECTION 10. Section 522.081, Transportation Code, is |
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amended by adding Subsection (h) to read as follows: |
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(h) A disqualification imposed under Subsection (g) must |
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run concurrently with any imminent hazard disqualification that is |
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then currently in effect. |
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SECTION 11. Section 522.087, Transportation Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) A disqualification imposed under Section 522.081(a) |
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must run consecutively to any other disqualification that is then |
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currently in effect. |
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SECTION 12. Subchapter I, Chapter 545, Transportation Code, |
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is amended by adding Section 545.426 to read as follows: |
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Sec. 545.426. OPERATION OF VEHICLE WITH INSUFFICIENT |
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UNDERCARRIAGE CLEARANCE. (a) An operator may not drive on or cross |
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a railroad grade crossing unless the vehicle being operated has |
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sufficient undercarriage clearance. |
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(b) An offense under this section is a misdemeanor |
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punishable by a fine of not less than $50 or more than $200. |
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SECTION 13. This Act takes effect January 1, 2008. |