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A BILL TO BE ENTITLED
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AN ACT
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relating to a defense to prosecution for certain offenses involving |
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the operation or use of a commercial motor vehicle or other heavy |
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motor vehicle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 502.473, Transportation Code, is amended |
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by adding Subsections (e) and (f) to read as follows: |
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(e) To the extent authorized by federal law, it is a defense |
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to prosecution for an offense under this section involving the |
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operation or use of a commercial motor vehicle that at the time of |
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the offense the defendant: |
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(1) was the operator of the commercial motor vehicle; |
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and |
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(2) was not the owner of the commercial motor vehicle. |
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(f) In this section, "commercial motor vehicle" has the |
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meaning assigned by Section 548.001. |
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SECTION 2. Section 504.943, Transportation Code, is amended |
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by adding Subsections (f) and (g) to read as follows: |
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(f) It is a defense to prosecution for an offense under this |
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section involving the operation or use of a commercial motor |
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vehicle that at the time of the offense the defendant: |
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(1) was the operator of the commercial motor vehicle; |
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and |
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(2) was not the owner of the commercial motor vehicle. |
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(g) In this section, "commercial motor vehicle" has the |
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meaning assigned by Section 548.001. |
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SECTION 3. Section 621.501, Transportation Code, is amended |
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by adding Subsection (c) to read as follows: |
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(c) To the extent authorized by federal law, it is a defense |
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to prosecution for an offense under this section that at the time of |
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the offense the defendant: |
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(1) was the operator of the vehicle; and |
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(2) was not the owner of the vehicle. |
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SECTION 4. Section 623.011, Transportation Code, is amended |
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by adding Subsection (h) to read as follows: |
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(h) To the extent authorized by federal law, it is a defense |
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to prosecution for an offense under Subsection (f) that at the time |
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of the offense the defendant: |
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(1) was the operator of the vehicle; and |
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(2) was not the owner of the vehicle. |
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SECTION 5. Section 643.253, Transportation Code, is amended |
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by adding Subsections (g) and (h) to read as follows: |
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(g) To the extent authorized by federal law, it is a defense |
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to prosecution for an offense under Subsection (a)(3) involving the |
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operation or use of a commercial motor vehicle that at the time of |
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the offense the defendant: |
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(1) was the operator of the commercial motor vehicle; |
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and |
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(2) was not the owner of the commercial motor vehicle. |
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(h) In this section, "commercial motor vehicle" has the |
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meaning assigned by Section 548.001. |
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SECTION 6. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 7. This Act takes effect September 1, 2017. |