86R158 JAM-D
 
  By: White H.B. No. 153
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of the public safety director of the
  Department of Public Safety to adopt rules requiring the use and
  installation of intrastate commercial motor vehicle electronic
  logging devices.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 644.053(a), Transportation Code, is
  amended to read as follows:
         (a)  A rule adopted under this chapter may not:
               (1)  prevent an intrastate operator from operating a
  vehicle up to 12 hours following eight consecutive hours off;
               (2)  require a person to meet the medical standards
  provided in the federal motor carrier safety regulations if the
  person:
                     (A)  was regularly employed in this state as a
  commercial motor vehicle operator in intrastate commerce before
  August 28, 1989; and
                     (B)  is not transporting property that requires a
  hazardous material placard;
               (3)  require a person who returns to the work-reporting
  location, is released from work within 12 consecutive hours, has at
  least eight consecutive hours off between each 12-hour period the
  person is on duty, and operates within a 150-air-mile radius of the
  normal work-reporting location to maintain a driver's record of
  duty status as described by 49 C.F.R. Section 395.8, provided that
  the person maintains time records in compliance with 49 C.F.R.
  Section 395.1(e)(5) and documents that verify the truth and
  accuracy of the time records such as:
                     (A)  business records maintained by the owner that
  provide the date, time, and location of the delivery of a product or
  service; or
                     (B)  documents required to be maintained by law,
  including delivery tickets or sales invoices, that provide the date
  of delivery and the quantity of merchandise delivered; [or]
               (4)  impose during a planting or harvesting season
  maximum driving and on-duty times on an operator of a vehicle
  transporting an agricultural commodity in intrastate commerce for
  agricultural purposes from the source of the commodity to the first
  place of processing or storage or the distribution point for the
  commodity, if the place is located within 150 air miles of the
  source; or
               (5)  require an electronic logging device:
                     (A)  to record an intrastate operator's duty
  status; or
                     (B)  to be installed in a commercial motor vehicle
  used only for intrastate commerce.
         SECTION 2.  This Act takes effect September 1, 2019.