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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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increasing a criminal penalty. |
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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 Subsections (b-1) |
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and (d) to 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 49 C.F.R. Section 385.13, as that regulation existed |
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on September 1, 2016, or owns, leases, or assigns a person to drive |
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a commercial motor vehicle that is knowingly operated in violation |
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of 49 C.F.R. Section 385.13, as that regulation existed on |
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September 1, 2016. |
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(b) Except as provided by Subsection (d), an [An] offense |
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under Subsection (a)(1) or (2) [this section] is a Class C |
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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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(d) An offense under Subsection (a)(1) or (2) relating to |
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brakes, tires, or load securement is a Class C misdemeanor |
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punishable by a fine of not less than $150 or more than $500 if the |
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offense involves a violation of: |
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(1) a regulation under 49 C.F.R. Part 393, Subpart C, |
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as that regulation existed on September 1, 2016; |
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(2) 49 C.F.R. Section 393.75, as that regulation |
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existed on September 1, 2016; or |
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(3) a regulation under 49 C.F.R. Part 393, Subpart I, |
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as that regulation existed on September 1, 2016. |
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SECTION 2. 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 3. This Act takes effect September 1, 2017. |