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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal liability for certain federal motor carrier |
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safety regulation violations; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 644.151, Transportation Code, is amended |
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by amending Subsections (a) and (b) and adding Subsection (b-1) to |
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read as follows: |
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(a) A person commits an offense if the person: |
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(1) violates a rule adopted under this chapter; [or] |
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(2) does not permit an inspection authorized under |
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Section 644.104; or |
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(3) knowingly operates a commercial motor vehicle in |
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violation of an out-of-service order issued under 49 C.F.R. Section |
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385.13(d)(1) or owns, leases, or assigns a person to drive a |
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commercial motor vehicle that is knowingly operated in violation of |
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an out-of-service order issued under 49 C.F.R. Section |
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385.13(d)(1). |
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(b) An offense under Subsection (a)(1) or (2) [this section] |
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is a Class C misdemeanor. |
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(b-1) An offense under Subsection (a)(3) is a Class A |
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misdemeanor, except that the offense is: |
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(1) a state jail felony if it is shown on the trial of |
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the offense that at the time of the offense the commercial motor |
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vehicle was involved in a motor vehicle accident that resulted in |
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bodily injury; or |
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(2) a felony of the second degree if it is shown on the |
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trial of the offense that at the time of the offense the commercial |
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motor vehicle was involved in a motor vehicle accident that |
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resulted in the death of a person. |
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SECTION 2. This Act takes effect September 1, 2017. |