BILL ANALYSIS

 

 

Senate Research Center	H.B. 3395
87R14348 MP-F	By: Ashby et al. (Hinojosa)
	Transportation
	5/3/2021
	Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, only Department of Public Safety (DPS) driver's license offices can administer the knowledge test required to obtain a commercial driver license (CDL). Interested parties note that the application process for a CDL can be burdensome when considering the long wait-times and lengthy travel distance to offices where the test is administered. This is especially burdensome for drivers in rural areas where the nearest DPS testing location can be more than an hour away.

 

H.B. 3395 amends Chapter 522, Transportation Code, to allow DPS to authorize a qualifying entity or person to administer the knowledge test as long as the test is the same as if it was administered by DPS, and so long as the person has entered into an agreement with DPS. This bill will extend a federal waiver that was approved during the COVID-19 pandemic, which allowed third-party entities who administer the CDL skills test to also administer the knowledge test.

 

H.B. 3395 amends current law relating to the knowledge test required for a commercial driver's license.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Sections 522.023(b) and (d), Transportation Code, as follows:

 

(b)� Creates an exception under Subsection (d) to the requirement that the knowledge test required to obtain a commercial driver's license be conducted by the Department of Public Safety of the State of Texas (DPS).

 

(d)� Authorizes DPS to authorize a person, including an agency of this or another state, an employer, a private driver training facility or other private institution, or a department, agency, or instrumentality of local government, to:

 

(1) creates this subdivision from existing text and makes nonsubstantive changes; or

 

(2) administer the knowledge test specified by Section 522.023 (Tests) if:

 

(A)� the test is the same that would be administered by DPS;

 

(B)� the administration of the test is authorized by federal law; and

 

(C) the person provides each applicant who has a reading impairment an opportunity to, at the applicant's option, take the knowledge test orally or have the questions read to the applicant and answer in writing.

 

SECTION 2. Effective date: September 1, 2021.