Bill Text: TX HB3646 | 2023-2024 | 88th Legislature | Enrolled


Bill Title: Relating to certain regulations regarding commercial driver's licenses.

Spectrum: Bipartisan Bill

Status: (Passed) 2023-06-11 - Effective on 9/1/23 [HB3646 Detail]

Download: Texas-2023-HB3646-Enrolled.html
 
 
  H.B. No. 3646
 
 
 
 
AN ACT
  relating to certain regulations regarding commercial driver's
  licenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 522.003(5), Transportation Code, is
  amended to read as follows:
               (5)  "Commercial motor vehicle" has the meaning
  assigned by 49 C.F.R. Section 383.5 [means a motor vehicle or
  combination of motor vehicles used to transport passengers or
  property that:
                     [(A)  has a gross combination weight or a gross
  combination weight rating of 26,001 or more pounds, including a
  towed unit with a gross vehicle weight or a gross vehicle weight
  rating of more than 10,000 pounds;
                     [(B)  has a gross vehicle weight or a gross
  vehicle weight rating of 26,001 or more pounds;
                     [(C)  is designed to transport 16 or more
  passengers, including the driver; or
                     [(D)  is transporting hazardous materials and is
  required to be placarded under 49 C.F.R. Part 172, Subpart F].
         SECTION 2.  Section 522.021(a-1), Transportation Code, is
  amended to read as follows:
         (a-1)  If the application is for a non-domiciled commercial
  driver's license and the applicant is domiciled in a foreign
  jurisdiction that does not meet the testing and licensing standards
  established by 49 C.F.R. Part 383, the applicant must present:
               (1)  a social security card issued to the applicant;
               (2)  an unexpired foreign passport issued to the
  applicant;
               (3)  [either:
                     [(A)]  a Form I-94 Arrival/Departure record or a
  successor document [;] or
                     [(B)]  an unexpired employment authorization
  document; and
               (4)  documentation demonstrating proof of Texas
  residence as provided by Section 522.0225.
         SECTION 3.  The heading to Section 522.0235, Transportation
  Code, is amended to read as follows:
         Sec. 522.0235.  ALTERNATIVE [WAIVER OF] VISUAL STANDARDS FOR
  INTRASTATE DRIVER.
         SECTION 4.  Section 522.0235(a), Transportation Code, is
  amended to read as follows:
         (a)  Except as provided by Subsection (b), the department by
  rule may use the alternative visual acuity standard prescribed by
  49 C.F.R. Section 391.44 if an individual does not meet [provide for
  a waiver of] the visual acuity standard [standards] for a
  commercial driver's license prescribed by [in] 49 C.F.R. Section
  391.41 [Part 391, Subpart E,] if the person who is applying for a
  commercial driver's license or who has been issued a commercial
  driver's license is a person who drives a commercial motor vehicle
  only in this state.
         SECTION 5.  The changes in law made by this Act apply only to
  an application for a commercial driver's license submitted on or
  after the effective date of this Act.  An application for a
  commercial driver's license submitted before the effective date of
  this Act is governed by the law in effect on the date the
  application was submitted, and the former law is continued in
  effect for that purpose.
         SECTION 6.  This Act takes effect September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3646 was passed by the House on May 2,
  2023, by the following vote:  Yeas 138, Nays 6, 3 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3646 was passed by the Senate on May
  21, 2023, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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