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AN ACT
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relating to certain regulations regarding commercial driver's |
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licenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 522.003(5), Transportation Code, is |
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amended to read as follows: |
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(5) "Commercial motor vehicle" has the meaning |
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assigned by 49 C.F.R. Section 383.5 [means a motor vehicle or |
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combination of motor vehicles used to transport passengers or |
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property that: |
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[(A) has a gross combination weight or a gross |
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combination weight rating of 26,001 or more pounds, including a |
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towed unit with a gross vehicle weight or a gross vehicle weight |
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rating of more than 10,000 pounds; |
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[(B) has a gross vehicle weight or a gross |
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vehicle weight rating of 26,001 or more pounds; |
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[(C) is designed to transport 16 or more |
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passengers, including the driver; or |
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[(D) is transporting hazardous materials and is |
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required to be placarded under 49 C.F.R. Part 172, Subpart F]. |
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SECTION 2. Section 522.021(a-1), Transportation Code, is |
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amended to read as follows: |
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(a-1) If the application is for a non-domiciled commercial |
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driver's license and the applicant is domiciled in a foreign |
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jurisdiction that does not meet the testing and licensing standards |
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established by 49 C.F.R. Part 383, the applicant must present: |
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(1) a social security card issued to the applicant; |
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(2) an unexpired foreign passport issued to the |
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applicant; |
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(3) [either: |
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[(A)] a Form I-94 Arrival/Departure record or a |
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successor document [;] or |
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[(B)] an unexpired employment authorization |
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document; and |
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(4) documentation demonstrating proof of Texas |
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residence as provided by Section 522.0225. |
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SECTION 3. The heading to Section 522.0235, Transportation |
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Code, is amended to read as follows: |
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Sec. 522.0235. ALTERNATIVE [WAIVER OF] VISUAL STANDARDS FOR |
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INTRASTATE DRIVER. |
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SECTION 4. Section 522.0235(a), Transportation Code, is |
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amended to read as follows: |
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(a) Except as provided by Subsection (b), the department by |
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rule may use the alternative visual acuity standard prescribed by |
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49 C.F.R. Section 391.44 if an individual does not meet [provide for |
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a waiver of] the visual acuity standard [standards] for a |
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commercial driver's license prescribed by [in] 49 C.F.R. Section |
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391.41 [Part 391, Subpart E,] if the person who is applying for a |
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commercial driver's license or who has been issued a commercial |
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driver's license is a person who drives a commercial motor vehicle |
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only in this state. |
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SECTION 5. The changes in law made by this Act apply only to |
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an application for a commercial driver's license submitted on or |
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after the effective date of this Act. An application for a |
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commercial driver's license submitted before the effective date of |
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this Act is governed by the law in effect on the date the |
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application was submitted, and the former law is continued in |
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effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3646 was passed by the House on May 2, |
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2023, by the following vote: Yeas 138, Nays 6, 3 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3646 was passed by the Senate on May |
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21, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |