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  80R1071 JTS-F
 
  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.