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A BILL TO BE ENTITLED
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AN ACT
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relating to disqualification from driving a commercial motor |
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vehicle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 522.081(a)-(b), Transportation Code, is |
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amended to read as follows: |
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Sec. 522.081. DISQUALIFICATION. (a) This subsection |
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applies to a violation committed only while operating [any motor
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vehicle, including] a commercial motor vehicle. A person who holds |
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a commercial driver's license is disqualified from driving a |
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commercial motor vehicle for: |
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(1) 60 days if convicted of: |
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(A) two serious traffic violations that occur |
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within a three-year period; or |
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(B) one violation of a law that regulates the |
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operation of a motor vehicle at a railroad grade crossing; or |
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(2) 120 days if convicted of: |
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(A) three serious traffic violations arising |
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from separate incidents occurring within a three-year period; or |
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(B) two violations of a law that regulates the |
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operation of a motor vehicle at a railroad grade crossing that occur |
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within a three-year period. |
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(b) This subsection applies to a violation committed only |
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while operating [any motor vehicle, including] a commercial motor |
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vehicle, except as provided by this subsection. A person who holds |
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a commercial driver's license is disqualified from driving a |
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commercial motor vehicle for one year: |
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(1) if convicted of three violations of a law that |
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regulates the operation of a motor vehicle at a railroad grade |
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crossing that occur within a three-year period; |
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(2) on first conviction of: |
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(A) driving a motor vehicle under the influence |
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of alcohol or a controlled substance, including a violation of |
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Section 49.04 or 49.07, Penal Code; |
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(B) leaving the scene of an accident involving a |
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motor vehicle driven by the person; |
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(C) using a motor vehicle in the commission of a |
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felony, other than a felony described by Subsection (d)(2); |
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(D) causing the death of another person through |
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the negligent or criminal operation of a motor vehicle; or |
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(E) driving a commercial motor vehicle while the |
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person's commercial driver's license is revoked, suspended, or |
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canceled, or while the person is disqualified from driving a |
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commercial motor vehicle, for an action or conduct that occurred |
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while operating a commercial motor vehicle; |
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(3) for refusing to submit to a test under Chapter 724 |
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to determine the person's alcohol concentration or the presence in |
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the person's body of a controlled substance or drug while operating |
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a motor vehicle in a public place; or |
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(4) if an analysis of the person's blood, breath, or |
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urine under Chapter 522, 524, or 724 determines that the person: |
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(A) had an alcohol concentration of 0.04 or more, |
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or that a controlled substance or drug was present in the person's |
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body, while operating a commercial motor vehicle in a public place; |
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or |
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(B) had an alcohol concentration of 0.08 or more |
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while operating a motor vehicle, other than a commercial motor |
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vehicle, in a public place. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |