BILL ANALYSIS

C.S.H.B. 3319

By: Meyer

Transportation

Committee Report (Substituted)

BACKGROUND AND PURPOSE

In Texas, drivers are required to slow down to 20 miles per hour less than the posted speed limit or move to another lane when approaching certain vehicles, such as an emergency vehicle, tow truck, or maintenance or construction vehicle. Concerns over a lack of public awareness regarding this law have been raised, given that these types of essential vehicles are continuously struck by drivers who fail to slow their speed or move to another lane. It has been suggested that a public awareness campaign coupled with related curriculum in driver education courses could help to save lives on Texas roads. C.S.H.B. 3319 seeks to address this issue by providing measures to promote compliance with and improve public awareness of the state's move over or slow down law concerning the passing of certain vehicles.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 1 of this bill.

ANALYSIS

C.S.H.B. 3319 amends the Education Code to require the Texas Commission of Licensing and Regulation (TCLR) by rule to require information relating to requirements concerning the passing of certain vehicles to be included in the curriculum of each driver education course or driving safety course. The bill requires TCLR to consult with the Department of Public Safety (DPS) in developing the rules and to adopt the rules not later than May 1, 2022. The bill requires each driver education or driving safety course held on or after September 1, 2022, to include the required information in the course's curriculum.

C.S.H.B. 3319 amends the Transportation Code to require the Texas Department of Transportation (TxDOT) to develop and implement a move over or slow down public awareness campaign designed to promote compliance with and improve public awareness of requirements concerning the passing of certain vehicles. The bill authorizes TxDOT to consult and coordinate with DPS and the Texas Department of Motor Vehicles as TxDOT considers necessary to develop or implement the campaign. The bill authorizes TxDOT, in implementing the campaign, to engage in online advocacy, issue public service announcements, distribute materials, and post signage on roadways relating to the campaign. The bill authorizes TxDOT to pay the costs of the campaign and its administration from gifts, grants, donations, matching funds, and other funds made available for that purpose, including available TxDOT revenue.

EFFECTIVE DATE

September 1, 2021.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 3319 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute changes the date by which TCLR is required to adopt the rules required by the bill's provisions from March 1, 2022, as in the original, to May 1, 2022.

The substitute does not include a requirement that appeared in the original for each provider of a driver education course or driving safety course to submit the curriculum adopted pursuant to the rules to TCLR for approval not later than September 1, 2022. However, the substitute includes a requirement that did not appear in the original for each such course held on or after that date to include the information required by the rules in the curriculum.