| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to driving with certain untreated sleep disorders or |
|
|
employing a person with an untreated sleep disorder as a commercial |
|
|
motor vehicle driver; creating offenses. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter I, Chapter 545, Transportation Code, |
|
|
is amended by adding Section 545.428 to read as follows: |
|
|
Sec. 545.428. DRIVING WITH CERTAIN UNTREATED SLEEP |
|
|
DISORDERS; OFFENSE. (a) A person commits an offense if the person: |
|
|
(1) has been diagnosed with sleep apnea or another |
|
|
sleep disorder by a physician but is not receiving medical |
|
|
treatment for the diagnosed disorder; and |
|
|
(2) operates a motor vehicle and by reason of the |
|
|
person's diagnosed disorder causes injury to another person by |
|
|
accident or mistake. |
|
|
(b) An offense under this section is a Class A misdemeanor, |
|
|
except that if it is shown on the trial of an offense under this |
|
|
section that as a result of the commission of the offense a |
|
|
collision occurred causing death, the offense is a state jail |
|
|
felony. |
|
|
SECTION 2. The heading to Subchapter F, Chapter 522, |
|
|
Transportation Code, is amended to read as follows: |
|
|
SUBCHAPTER F. NOTIFICATION OF CONVICTION, ADMINISTRATIVE ACTION, |
|
|
[OR] PREVIOUS EMPLOYMENT, OR CERTAIN MEDICAL DIAGNOSES |
|
|
SECTION 3. Subchapter F, Chapter 522, Transportation Code, |
|
|
is amended by adding Section 522.065 to read as follows: |
|
|
Sec. 522.065. NOTIFICATION OF DIAGNOSIS OF CERTAIN SLEEP |
|
|
DISORDERS. (a) A person who applies for employment as a commercial |
|
|
motor vehicle driver shall provide the employer, at the time of the |
|
|
application, with any history of sleep apnea or other sleep |
|
|
disorder that has been diagnosed by a physician, and any medical |
|
|
treatment the applicant is receiving for that disorder. |
|
|
(b) The applicant must certify that the information |
|
|
furnished is true and complete. An employer may require an |
|
|
applicant to provide additional information. |
|
|
(c) If at any time during employment as a commercial motor |
|
|
vehicle driver, a person is diagnosed by a physician with sleep |
|
|
apnea or another sleep disorder, the person must immediately |
|
|
provide the person's employer with the information described by |
|
|
Subsection (a). |
|
|
SECTION 4. Sections 522.072(a) and (b-1), Transportation |
|
|
Code, are 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: |
|
|
(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 person's employer, or the vehicle |
|
|
being operated is subject to an out-of-service order in a state; |
|
|
[or] |
|
|
(4) the person has more than one commercial driver's |
|
|
license, except during the 10-day period beginning on the date the |
|
|
person is issued a driver's license; or |
|
|
(5) the person has been diagnosed with sleep apnea or |
|
|
another sleep disorder and is not receiving medical treatment for |
|
|
that disorder. |
|
|
(b-1) An employer who violates Subsection (a) or (b) commits |
|
|
an offense. An offense under this subsection is a Class B |
|
|
misdemeanor, except that an offense under Subsection (a)(5) is a |
|
|
Class A misdemeanor. |
|
|
SECTION 5. 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 on the date 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 occurred |
|
|
before that date. |
|
|
SECTION 6. This Act takes effect September 1, 2013. |