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A BILL TO BE ENTITLED
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AN ACT
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relating to commercial motor vehicle safety; providing a criminal |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 643.252(a), Transportation Code, is |
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amended to read as follows: |
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(a) The department may suspend or revoke a registration |
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issued under this chapter or place on probation a motor carrier |
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whose registration is suspended if a motor carrier: |
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(1) fails to maintain insurance or evidence of |
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financial responsibility as required by Section 643.101(a), (b), |
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(c), or (d); |
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(2) fails to keep evidence of insurance in the cab of |
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each vehicle as required by Section 643.103(b); |
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(3) fails to register a vehicle requiring |
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registration; |
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(4) knowingly provides false information on any form |
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filed with the department under this chapter; [or] |
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(5) violates a rule adopted under Section 643.063; or |
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(6) fails to conduct alcohol and drug testing of an |
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employee who holds a commercial driver's license under Chapter 522 |
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under federal safety regulations as part of the motor carrier's |
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drug testing program or consortium, as defined by 49 C.F.R. Part |
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382. |
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SECTION 2. Section 643.254(a), Transportation Code, is |
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amended to read as follows: |
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(a) To investigate an alleged violation of Subchapter B, C, |
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[or] D, or G, an officer or employee of the department who has been |
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certified for the purpose by the director may enter a motor |
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carrier's premises to copy or verify the correctness of a document, |
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including an operation log or insurance certificate. |
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SECTION 3. Chapter 643, Transportation Code, is amended by |
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adding Subchapter G to read as follows: |
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SUBCHAPTER G. CRIMINAL HISTORY CHECKS |
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Sec. 643.301. REQUIRED CRIMINAL HISTORY CHECKS. (a) A motor |
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carrier required to register under Subchapter B shall obtain state |
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and Federal Bureau of Investigation criminal history record |
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information as provided by Sections 411.1407 and 411.087, |
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Government Code, for a person who: |
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(1) is employed by the motor carrier as a driver of |
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commercial motor vehicles; |
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(2) is an applicant to whom an offer of employment is |
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made for a position as a driver of commercial motor vehicles; or |
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(3) leases a commercial motor vehicle from the motor |
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carrier. |
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(b) Criminal history record information obtained by a motor |
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carrier may not be released or disclosed to any person except on |
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court order, upon proper discovery request during litigation, to a |
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law enforcement agency, or with the consent of the person who is the |
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subject of the criminal history record information. |
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(c) The motor carrier shall destroy criminal history record |
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information that relates to a person no sooner than one year after |
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the person's employment with the company ends or the person's lease |
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with the company ends, as applicable. |
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(d) The department by rule shall require a motor carrier to |
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pay to the Department of Public Safety of the State of Texas a fee in |
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an amount equal to the administrative costs the Department of |
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Public Safety of the State of Texas incurs in conducting criminal |
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history checks under this section. |
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Sec. 643.302. CRIMINAL PENALTY. (a) A person commits an |
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offense if the person violates Section 643.301(a) or (c). |
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(b) A first offense under this section is a Class C |
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misdemeanor. A subsequent offense under this section is a Class B |
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misdemeanor. |
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SECTION 4. Section 644.155, Transportation Code, is amended |
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to read as follows: |
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Sec. 644.155. COMPLIANCE REVIEW AND SAFETY AUDIT PROGRAM. |
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(a) The department shall implement and enforce a compliance review |
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and safety audit program similar to the federal program established |
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under 49 C.F.R. Part 385 for any person who owns or operates a |
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commercial motor vehicle that is domiciled in this state. |
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(b) As part of the compliance review and safety audit |
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program established under Subsection (a), the department shall |
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determine whether an employer required to conduct alcohol and drug |
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testing of an employee who holds a commercial driver's license |
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under Chapter 522 under federal safety regulations as part of the |
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employer's drug testing program or consortium, as defined by 49 |
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C.F.R. Part 382, is conducting the required testing. |
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SECTION 5. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.1407 to read as follows: |
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Sec. 411.1407. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: MOTOR CARRIERS. (a) In this section, "motor carrier" |
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has the meaning assigned by Section 643.001, Transportation Code. |
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(b) A motor carrier required to register under Subchapter B, |
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Chapter 643, Transportation Code, is entitled to obtain from the |
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department criminal history record information maintained by the |
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department that relates to a person who: |
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(1) is employed by the motor carrier as a driver of |
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commercial motor vehicles; |
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(2) is an applicant to whom an offer of employment is |
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made for a position as a driver of commercial motor vehicles; or |
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(3) leases a commercial motor vehicle from the motor |
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carrier. |
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SECTION 6. A motor carrier is not required to comply with |
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Subchapter G, Chapter 643, Transportation Code, as added by this |
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Act, before October 1, 2007. |
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SECTION 7. The Department of Public Safety of the State of |
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Texas is not required to comply with Section 644.155, |
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Transportation Code, as amended by this Act, before October 1, |
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2007. |
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SECTION 8. This Act takes effect September 1, 2007. |