By: Garcia  S.B. No. 128
         (In the Senate - Filed November 14, 2016; January 25, 2017,
  read first time and referred to Committee on Transportation;
  March 27, 2017, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; March 27, 2017,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 128 By:  Garcia
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the inclusion of education and training regarding human
  trafficking in the curriculum of commercial driver's license
  training programs offered by public junior colleges and career
  schools and colleges and to certain requirements for commercial
  driver's licenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 130, Education Code, is
  amended by adding Section 130.0105 to read as follows:
         Sec. 130.0105.  COMMERCIAL DRIVER'S LICENSE TRAINING
  PROGRAM; CERTAIN CURRICULUM REQUIREMENTS.  (a)  The Texas Higher
  Education Coordinating Board by rule shall require each public
  junior college offering a commercial driver's license training
  program to include as a part of that program education and training
  on the recognition and prevention of human trafficking.
         (b)  The Texas Higher Education Coordinating Board, in
  collaboration with the office of the attorney general, shall
  establish the content of the education and training required by
  this section.
         SECTION 2.  Subchapter A, Chapter 132, Education Code, is
  amended by adding Section 132.006 to read as follows:
         Sec. 132.006.  COMMERCIAL DRIVER'S LICENSE TRAINING
  PROGRAM; CERTAIN CURRICULUM REQUIREMENTS.  (a)  The commission by
  rule shall require each career school or college offering a
  commercial driver's license training program to include as a part
  of that program education and training on the recognition and
  prevention of human trafficking.
         (b)  The commission, in collaboration with the office of the
  attorney general, shall establish the content of the education and
  training required by this section.
         SECTION 3.  Section 522.022, Transportation Code, is amended
  to read as follows:
         Sec. 522.022.  LICENSE REQUIREMENTS. The department may not
  issue a commercial driver's license other than a non-domiciled
  license to a person unless the person:
               (1)  has a domicile:
                     (A)  in this state; or
                     (B)  in another state and is a member of the United
  States armed forces, including a member of the National Guard or a
  reserve or auxiliary unit of any branch of the armed forces, whose
  temporary or permanent duty station is located in this state;
               (2)  has passed knowledge and skills tests for driving
  a commercial motor vehicle that:
                     (A)  comply with minimal federal standards
  established by 49 C.F.R. Part 383, Subparts G and H; and
                     (B)  include questions prescribed by the
  department under Section 522.035 regarding the recognition and
  prevention of human trafficking; and
               (3)  has satisfied the requirements imposed by the
  federal act, federal regulation, or state law.
         SECTION 4.  Subchapter C, Chapter 522, Transportation Code,
  is amended by adding Section 522.035 to read as follows:
         Sec. 522.035.  RECOGNITION AND PREVENTION OF HUMAN
  TRAFFICKING. (a)  The department by rule shall prescribe questions
  for the commercial driver's license knowledge and skills tests
  required by Section 522.022 regarding the recognition and
  prevention of human trafficking.  In adopting rules under this
  subsection, the department may consult with the Texas Higher
  Education Coordinating Board, the Texas Workforce Commission, and
  organizations that specialize in the recognition and prevention of
  human trafficking.
         (b)  The department shall provide informational materials
  regarding the recognition and prevention of human trafficking for
  distribution to commercial driver's license applicants. The
  department may coordinate with organizations that specialize in the
  recognition and prevention of human trafficking to provide
  informational materials as required by this subsection. 
         SECTION 5.  (a)  Not later than December 1, 2017, the Texas
  Higher Education Coordinating Board shall adopt rules necessary to
  implement Section 130.0105, Education Code, as added by this Act.
         (b)  Not later than December 1, 2017, the Texas Workforce
  Commission shall adopt rules necessary to implement Section
  132.006, Education Code, as added by this Act.
         (c)  Not later than December 1, 2017, the Department of
  Public Safety shall adopt rules necessary to implement Section
  522.035, Transportation Code, as added by this Act.
         (d)  The changes in law made by this Act apply only to an
  application for an original commercial driver's license submitted
  on or after December 1, 2017. An application for an original
  commercial driver's license submitted before that date is governed
  by the law in effect when the application was submitted, and the
  former law is continued in effect for that purpose.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.
 
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