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A BILL TO BE ENTITLED
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AN ACT
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relating to the certification and regulation of escort flag vehicle |
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pilots; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 14, Occupations Code, is |
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amended by adding Chapter 2402 to read as follows: |
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CHAPTER 2402. ESCORT FLAG VEHICLE PILOTS |
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Sec. 2402.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of the department. |
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(2) "Department" means the Texas Department of Motor |
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Vehicles. |
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(3) "Escort flag vehicle" means a vehicle that |
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precedes or follows an oversize or overweight vehicle, including a |
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towed manufactured house, for the purpose of facilitating the safe |
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movement of the oversize or overweight vehicle over roads. |
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(4) "Escort flag vehicle pilot" means a person who |
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operates an escort flag vehicle. |
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Sec. 2402.002. CERTIFICATION REQUIRED. A person may not |
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act as an escort flag vehicle pilot unless the person is certified |
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under this chapter. |
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Sec. 2402.003. ISSUANCE AND RENEWAL OF CERTIFICATION. (a) |
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The board shall issue a certification to act as an escort flag |
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vehicle pilot to a person who: |
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(1) demonstrates to the board's satisfaction that the |
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person has successfully completed a course that meets the minimum |
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requirements described by the Pilot Car Escort Best Practices |
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Guidelines, as the publication exists on September 1, 2013, |
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endorsed by the Specialized Carriers and Rigging Association, the |
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United States Department of Transportation Federal Highway |
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Administration, and the Commercial Vehicle Safety Alliance; and |
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(2) meets any other requirements for certification |
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required by board rule. |
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(b) A certification issued under this section expires on the |
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fourth anniversary of issuance unless renewed in the manner |
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provided by board rule. |
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Sec. 2402.004. FEES. The board may establish and collect |
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reasonable and necessary fees in amounts sufficient to cover the |
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costs of administering this chapter. |
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Sec. 2402.005. RULES. The board shall adopt rules to |
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administer this chapter and as necessary to protect the public |
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health, safety, and welfare, including rules on: |
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(1) qualifications for certification, including |
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establishing a minimum age for certification and standards relating |
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to acceptable driving records for certification; |
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(2) renewal of a certification; |
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(3) standards of conduct for the holder of a |
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certification; and |
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(4) criteria for any continuing education of escort |
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flag vehicle pilots as required for certification renewal. |
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Sec. 2402.006. DISCIPLINARY ACTION. (a) The board may |
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deny, suspend, revoke, or reinstate a certification issued under |
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this chapter. |
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(b) The board by rule shall establish the grounds for |
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denial, suspension, revocation, or reinstatement of a |
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certification issued under this chapter and the procedures for |
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disciplinary action. |
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(c) Rules established under Subsection (b) must provide for |
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the denial, suspension, or revocation of a certification for a |
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conviction arising from the driving of a motor vehicle, other than a |
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parking, vehicle weight, or vehicle defect violation, for: |
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(1) excessive speeding, involving a single charge of |
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driving 15 miles per hour or more above the posted speed limit; |
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(2) reckless driving, as defined by state or local |
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law; |
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(3) a violation of a state or local law related to |
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motor vehicle traffic control, including a law regulating the |
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operation of vehicles on highways, arising in connection with a |
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fatal accident; |
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(4) improper or erratic traffic lane change; |
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(5) following the vehicle ahead too closely; |
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(6) operating a vehicle without the proper license or |
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certification; or |
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(7) driving a motor vehicle under the influence of |
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alcohol or a controlled substance, including a violation of Section |
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49.04 or 49.07, Penal Code. |
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(d) A rule adopted under Subsection (b) regarding |
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procedures for disciplinary action may not conflict with a rule |
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adopted by the State Office of Administrative Hearings. |
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(e) A proceeding under this section is subject to Chapter |
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2001, Government Code. |
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(f) A person whose certification is revoked may not apply |
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for a new certification before the first anniversary of the date of |
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the revocation. |
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SECTION 2. The board of the Texas Department of Motor |
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Vehicles shall adopt the rules and fees necessary to implement |
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Chapter 2402, Occupations Code, as added by this Act, not later than |
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August 31, 2014. |
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SECTION 3. Notwithstanding Chapter 2402, Occupations Code, |
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as added by this Act, an individual acting as an escort flag vehicle |
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pilot is not required to hold a certification under that chapter to |
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act as an escort flag vehicle pilot before September 1, 2014. |
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SECTION 4. This Act takes effect September 1, 2013. |