By: Carona S.B. No. 332

(In the Senate - Filed January 26, 2007; February 14, 2007, read first time and referred to Committee on Transportation and Homeland Security; February 26, 2007, reported favorably by the following vote: Yeas 8, Nays 0; February 26, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the responsibility of an employer in relation to a person who drives a commercial motor vehicle; providing a criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

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

(a) An employer may not knowingly permit a person to drive a commercial motor vehicle during a period in which:

(1) the person:

(A) [(1)] has been denied the privilege of driving a commercial motor vehicle;

(B) [(2)] is disqualified from driving a commercial motor vehicle;

(C) [(3)] is subject to an out-of-service order in a state; or

(D) [(4)] has more than one commercial driver's license, except during the 10-day period beginning on the date the person is issued a driver's license; or

(2) the employer is subject to an out-of-service order that affects the driver or the vehicle.

(b-1) An employer who violates Subsection (a) or (b) commits an offense. An offense under this subsection is a Class B misdemeanor.

(d) For purposes of Subsections (a)(1)(C) and (a)(2), "commercial motor vehicle" has the meaning assigned by Section 644.001.

SECTION 2. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.

SECTION 3. This Act takes effect September 1, 2007.

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