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A BILL TO BE ENTITLED
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AN ACT
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relating to language requirements for engaging in certain regulated |
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activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 656, Government Code, is |
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amended by adding Section 656.002 to read as follows: |
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Sec. 656.002. SECOND LANGUAGE PROFICIENCY REQUIREMENTS |
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PROHIBITED. (a) In this section, "state agency" means a board, |
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commission, office, department, or other agency in the executive, |
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judicial, or legislative branch of state government, including an |
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institution of higher education as defined by Section 61.003, |
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Education Code. |
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(b) A state agency may not require a person to be proficient |
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in a language in addition to English as a prerequisite to obtaining: |
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(1) employment with the agency; or |
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(2) an employment promotion within the agency. |
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SECTION 2. Subchapter C, Chapter 21, Labor Code, is amended |
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by adding Section 21.1205 to read as follows: |
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Sec. 21.1205. CERTAIN ENGLISH-ONLY POLICIES. (a) An |
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employer does not commit an unlawful employment practice by |
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adopting a policy requiring its employees to speak only English in |
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conducting the employer's business when necessary to: |
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(1) promote safety or efficiency; or |
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(2) ensure effective communication with the employer's |
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customers or among the employer's employees. |
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(b) Subsection (a) does not apply to a policy adopted or |
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applied with the intent to discriminate because of race, color, |
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sex, national origin, religion, age, or disability. |
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SECTION 3. Section 521.161, Transportation Code, is amended |
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by amending Subsections (a) and (b) and adding Subsection (f) to |
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read as follows: |
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(a) Except as otherwise provided by this subchapter, the |
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department shall examine each applicant for a driver's license. |
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The examination shall be held: |
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(1) in English; and |
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(2) in the county in which the applicant resides or |
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applies not later than the 10th day after the date on which the |
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application is made. |
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(b) The examination must include: |
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(1) a test of the applicant's: |
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(A) vision; |
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(B) ability to identify and understand highway |
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signs [in English] that regulate, warn, or direct traffic; and |
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(C) knowledge of the traffic laws of this state; |
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(2) a demonstration of the applicant's ability to |
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exercise ordinary and reasonable control in the operation of a |
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motor vehicle of the type that the applicant will be licensed to |
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operate; and |
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(3) any additional examination the department finds |
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necessary to determine the applicant's fitness to operate a motor |
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vehicle safely. |
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(f) An applicant may not use an interpreter to translate any |
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portion of an examination administered under this section. |
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SECTION 4. Section 522.023, Transportation Code, is amended |
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by amending Subsections (a) and (g) and adding Subsection (j) to |
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read as follows: |
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(a) The tests required by Section 522.022 must: |
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(1) be prescribed by the department; and |
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(2) be in English. |
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(g) The department shall test the applicant's ability to |
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understand highway traffic signs and signals [that are written in
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English]. |
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(j) An applicant may not use an interpreter to translate any |
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portion of an examination administered under this section. |
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SECTION 5. Section 522.043, Transportation Code, is amended |
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to read as follows: |
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Sec. 522.043. RESTRICTIONS; OFFENSE. (a) On issuing a |
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commercial driver's license, the department for good cause may |
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impose one or more restrictions suitable to the license holder's |
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driving ability and limitations, including restrictions: |
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(1) prohibiting the license holder from driving a |
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vehicle equipped with air brakes; and |
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(2) as provided by 49 C.F.R. Part 391, prohibiting |
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driving a commercial vehicle in interstate commerce by a person |
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who: |
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(A) is under 21 years of age; or |
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(B) does not meet applicable physical |
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guidelines[; or
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[(C)
cannot sufficiently read and speak the
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English language.
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[(b)
For purposes of this section, the department may not
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administer examinations or tests relating to the applicant's
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proficiency in the English language, but if an applicant cannot
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speak English sufficiently to communicate to department personnel
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the applicant's need for a commercial driver's license, the
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department may issue to the person a commercial driver's license
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restricted to operation in intrastate commerce]. |
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(b) [(c)] A person commits an offense if the person drives |
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a commercial motor vehicle in violation of a restriction. An |
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offense under this section is a Class C misdemeanor. |
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SECTION 6. Section 521.162, Transportation Code, is |
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repealed. |
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SECTION 7. The changes in law made by this Act to Sections |
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521.161, 521.162, 522.023, and 522.043, Transportation Code, apply |
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only to an application for a driver's license that is filed on or |
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after the effective date of this Act. An application for a driver's |
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license that was filed before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 8. This Act takes effect September 1, 2009. |