|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the requirements of commercial drivers. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 521.049, Transportation Code, is amended |
|
to read as follows: |
|
(d) The department shall respond within 30 days to any |
|
driver record request made by a state under 49 C.F.R. 384.206. |
|
SECTION 2. Section 521.297, Transportation Code, is amended |
|
to read as follows: |
|
Sec. 521.297. Suspension, [or] Revocation, or |
|
Disqualification Effective Date. |
|
(a) A license suspension under Section 521.292 or |
|
revocation under Section 521.294 takes effect on the 40th day after |
|
the date the person is considered to have received notice of the |
|
suspension or revocation under Section 521.295(b). |
|
(b) A license disqualification under Section 522.081(a) |
|
shall take effect on the 40th day after the date the person is |
|
considered to have received the notice of the disqualification |
|
under Section 521.295(b), unless, |
|
(1) there is a disqualification already in effect, |
|
then the disqualification period will run consecutively. |
|
SECTION 3. Section 522.003, Transportation Code, is amended |
|
to read as follows: |
|
(7) "Conviction" means: |
|
(A) an adjudication of guilt, an unvacated forfeiture |
|
of bail or collateral deposited to secure the person's appearance |
|
in court, a plea of guilty or nolo contendere accepted by the court, |
|
the payment of a fine or court costs, or the violation of a |
|
condition of release without bail, in a court, regardless of |
|
whether the penalty is suspended, probated, or rebated; or |
|
(B) a determination by a court, an authorized |
|
administrative tribunal or officer, or the department as authorized |
|
by this chapter that: |
|
(i) the person has refused to give a specimen to |
|
determine the person's alcohol concentration or the presence in the |
|
person's body of a controlled substance or drug while driving a |
|
commercial motor vehicle; or |
|
(ii) the person has driven a commercial motor |
|
vehicle while the person's alcohol concentration was 0.04 or more. |
|
(19) "Hazardous Materials" has the meaning assigned by 49 |
|
CFR Sec. 383.5. [the Hazardous Materials Transportation Act (49
|
|
U.S.C. Section 1801 et seq.).] |
|
SECTION 4. Section 522.004, Transportation Code, is amended |
|
to read as follows: |
|
(a) This chapter does not apply to: |
|
(1) a vehicle that is controlled and operated by a |
|
farmer and: |
|
(A) used to transport agricultural products, |
|
seed cotton modules, cotton burrs, farm machinery, or farm supplies |
|
to or from a farm; |
|
(B) used within 150 miles of the person's farm; |
|
and |
|
(C) not used in the operations of a common or |
|
contract motor carrier; |
|
(2) a fire-fighting or emergency vehicle necessary to |
|
the preservation of life or property or the execution of emergency |
|
governmental functions, whether operated by an employee of a |
|
political subdivision or by a volunteer fire fighter; |
|
(3) a commercial motor vehicle or a military vehicle, |
|
when operated for military purposes by military personnel, |
|
including: |
|
(A) active duty military personnel, including |
|
personnel serving in the United States Coast Guard; and |
|
(B) members of the reserves and national guard on |
|
active duty, including personnel on full-time national guard duty, |
|
personnel engaged in part-time training, and national guard |
|
military technicians; |
|
(4) a recreational vehicle that is driven for personal |
|
use; |
|
(5) a vehicle that is owned, leased, or controlled by |
|
an air carrier, as defined by Section 21.155, and that is driven or |
|
operated exclusively by an employee of the air carrier only on the |
|
premises of an airport, as defined by Section 22.001, on service |
|
roads to which the public does not have access; or |
|
[(6) a vehicle used exclusively to transport seed
|
|
cotton modules or cotton burrs.] |
|
(b) In this section, "recreational vehicle" means a motor |
|
vehicle primarily designed as temporary living quarters for |
|
recreational camping or travel use. The term includes a travel |
|
trailer, camping trailer, truck camper, and motor home. |
|
SECTION 5. Subchapter C, Chapter 522.023, Transportation |
|
Code, is amended to read as follows: |
|
Section 522.023. General Application Requirements for a |
|
Commercial Driver License. |
|
(h) On payment of the required fee as provided in Section |
|
522.029, an applicant is entitled to three examinations of each |
|
element under Section 522.022 for each application to qualify for a |
|
commercial driver license. If the applicant has not qualified |
|
after the third examination, the applicant must submit a new |
|
application accompanied by the required fee. |
|
(i) The department may not issue a commercial driver license |
|
to a person who has not passed each examination required under this |
|
chapter. |
|
SECTION 6. Subchapter D, Chapter 522, Transportation Code, |
|
is amended by adding Section 522.0425 to read as follows: |
|
Sec. 522.0425. Hazardous Materials Endorsement; |
|
Cancellation. |
|
(a) The department shall cancel or deny the issuance of a |
|
hazardous materials endorsement of a commercial driver license |
|
within 15 days of notification by a Federal Agency authorized to |
|
make an Initial Determination of Threat Assessment as provided by |
|
49 C.F.R. 1572.13(a). |
|
(b) The department shall immediately cancel or deny the |
|
issuance of a hazardous materials endorsement of a commercial |
|
driver license upon notification by a Federal Agency authorized to |
|
make a Final Determination of Threat Assessment as provided by 49 |
|
C.F.R. 1572.13(a). |
|
(c) A cancellation or denial of a hazardous materials |
|
endorsement under this subsection must be reported within 15 days |
|
to the commercial driver license information system. |
|
SECTION 7. Subchapter E, Chapter 522, Transportation Code, |
|
is amended by adding Section 522.054 to read as follows: |
|
Sec. 522.054. DENIAL OF RENEWAL OF COMMERCIAL DRIVER |
|
LICENSE |
|
(a). In the manner ordered by a court in a matter involving |
|
the violation of a state law or local ordinance relating to motor |
|
vehicle traffic control, on receiving the necessary information |
|
from another state, the department may deny renewal of the person's |
|
Texas commercial driver license for: |
|
(1) failure to appear based on a complaint or |
|
citation; or |
|
(2) for failure to pay or satisfy a judgment ordering |
|
the payment of a fine and cost. |
|
(b) The information, which may be transmitted through the |
|
commercial driver license information system, must include: |
|
(1) the name, date of birth, and driver license number |
|
of the person; |
|
(2) notification that the person failed to appear as |
|
required by law or failed to satisfy a judgment ordering the payment |
|
of a fine and cost in the manner ordered by the court; |
|
(3) the nature of the alleged violation; and |
|
(4) any other information required by the department. |
|
SECTION 8. Subchapter E, Chapter 522, Transportation Code, |
|
is amended by adding Section 522.055 to read as follows: |
|
Sec. 522.055 CLEARANCE NOTICE TO DEPARTMENT |
|
(a) On notification by a state that there is no further |
|
cause to deny renewal of a person's driver license based on the |
|
person's previous failure to appear or failure to pay as reported by |
|
another state, the department will reinstate the person's license. |
|
SECTION 9. Section 522.071, Transportation Code, is amended |
|
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 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 license or privilege is in effect; |
|
(3) while the person's driver 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 license; or |
|
(5) during a period in which the person, the motor |
|
vehicle being operated, or the person's employer is subject to an |
|
out-of-service order. |
|
SECTION 10. Section 522.072, Transportation Code, is |
|
amended to read as follows: |
|
(a) An employer may not knowingly permit a person to drive a |
|
commercial motor vehicle during a period in which: [the person:] |
|
(1) the person has been denied the privilege of |
|
driving a commercial motor vehicle; |
|
(2) the person is disqualified from driving a |
|
commercial motor vehicle; |
|
(3) the person, the vehicle being operated, or the |
|
motor carrier is subject to an out-of-service order in a state; or |
|
(4) the person has more than one commercial driver |
|
license, except during the 10-day period beginning on the date the |
|
person is issued a driver license. |
|
SECTION 11. Section 522.081, Transportation Code, is |
|
amended to read as follows: |
|
(g) A person who holds a commercial driver license is |
|
disqualified from operating a commercial motor vehicle if the |
|
person's driving is determined to constitute an imminent hazard |
|
under 49 C.F.R. Section 383.52. The disqualification is for the |
|
disqualification period imposed under that section and shall be |
|
noted on the person's driving record. |
|
(h). A disqualification under subsection (g) shall run |
|
concurrent to any imminent hazard disqualification currently in |
|
effect. |
|
SECTION 12. Section 522.087, Transportation Code, is |
|
amended to read as follows: |
|
(c) Any disqualification imposed under Section 522.081(a) |
|
must run consecutively to any other disqualification currently in |
|
effect. |
|
SECTION 13. Subchapter F, Chapter 545, Transportation Code, |
|
is amended by adding Section 545.2545 to read as follows: |
|
(a) An operator may not drive on or cross a railroad grade |
|
crossing without sufficient undercarriage clearance. |
|
(b) An offense under this section is punishable of a fine |
|
not less than $50 or more than $200. |
|
SECTION 14. This Act takes effect January 1, 2008. |