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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the public safety director of the |
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Department of Public Safety to adopt rules requiring the use and |
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installation of intrastate commercial motor vehicle electronic |
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logging devices. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 644.053(a), Transportation Code, is |
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amended to read as follows: |
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(a) A rule adopted under this chapter may not: |
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(1) prevent an intrastate operator from operating a |
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vehicle up to 12 hours following eight consecutive hours off; |
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(2) require a person to meet the medical standards |
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provided in the federal motor carrier safety regulations if the |
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person: |
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(A) was regularly employed in this state as a |
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commercial motor vehicle operator in intrastate commerce before |
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August 28, 1989; and |
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(B) is not transporting property that requires a |
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hazardous material placard; |
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(3) require a person who returns to the work-reporting |
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location, is released from work within 12 consecutive hours, has at |
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least eight consecutive hours off between each 12-hour period the |
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person is on duty, and operates within a 150-air-mile radius of the |
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normal work-reporting location to maintain a driver's record of |
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duty status as described by 49 C.F.R. Section 395.8, provided that |
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the person maintains time records in compliance with 49 C.F.R. |
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Section 395.1(e)(5) and documents that verify the truth and |
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accuracy of the time records such as: |
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(A) business records maintained by the owner that |
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provide the date, time, and location of the delivery of a product or |
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service; or |
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(B) documents required to be maintained by law, |
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including delivery tickets or sales invoices, that provide the date |
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of delivery and the quantity of merchandise delivered; [or] |
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(4) impose during a planting or harvesting season |
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maximum driving and on-duty times on an operator of a vehicle |
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transporting an agricultural commodity in intrastate commerce for |
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agricultural purposes from the source of the commodity to the first |
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place of processing or storage or the distribution point for the |
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commodity, if the place is located within 150 air miles of the |
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source; or |
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(5) require an electronic logging device: |
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(A) to record an intrastate operator's duty |
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status; or |
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(B) to be installed in a commercial motor vehicle |
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used only for intrastate commerce. |
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SECTION 2. This Act takes effect September 1, 2019. |