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A BILL TO BE ENTITLED
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AN ACT
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relating to the considerations when determining whether an operator |
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of a motor vehicle is an employee of a motor carrier or an |
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independent contractor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 7, Transportation Code, is |
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amended by adding Chapter 644A to read as follows: |
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CHAPTER 644A. MOTOR CARRIER SAFETY IMPROVEMENT: EMPLOYMENT STATUS |
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Sec. 644A.001. DEFINITIONS. In this chapter: |
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(1) "Motor carrier" has the meaning assigned by |
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Section 643.001. |
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(2) "Motor carrier safety improvement" means any |
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device, equipment, software, technology, procedure, training, |
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policy, program, or operational practice that is intended and |
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primarily used to improve or facilitate: |
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(A) compliance with traffic safety or motor |
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carrier safety laws; |
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(B) safety of a motor vehicle; |
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(C) safety of an operator of a motor vehicle; and |
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(D) safety of third-party users of public |
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roadways. |
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Sec. 644A.002. EMPLOYMENT STATUS. The deployment, |
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implementation, or use of a motor carrier safety improvement by or |
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as required by a motor carrier or a related entity, including |
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through contract, may not be considered when determining whether |
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the operator of a motor vehicle is an employee or joint employee of |
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the motor carrier or an independent contractor for purposes of |
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state law. |
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SECTION 2. This Act takes effect September 1, 2021. |