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  By: Carona S.B. No. 333
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to driving a commercial motor vehicle in violation of an
out-of-service order; providing a criminal penalty.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 522.071, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (e) to read as
follows:
       (a)  A person commits an offense if the person drives a
commercial motor vehicle on a highway:
             (1)  after the person has been denied the issuance of a
license, unless the person has a driver's license appropriate for
the class of vehicle being driven that was subsequently issued;
             (2)  during a period that a disqualification of the
person's driver's license or privilege is in effect;
             (3)  while the person's driver's license is expired, if
the license expired during a period of disqualification;
             (4)  during a period that the person was subject to an
order prohibiting the person from obtaining a driver's license; or
             (5)  in violation of [during a period in which the
person is subject to] an out-of-service order.
       (e)  For the purposes of Subsection (a)(5), "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.