Bill Text: TX SB40 | 2013 | 83rd Legislature 1st Special Session | Introduced
Bill Title: Relating to commercial driver's licenses and commercial learner's permits and the operation of commercial motor vehicles; creating an offense; authorizing fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-06-11 - Filed [SB40 Detail]
Download: Texas-2013-SB40-Introduced.html
| 83S10118 AJZ-F | ||
| By: Nichols | S.B. No. 40 | |
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| relating to commercial driver's licenses and commercial learner's | ||
| permits and the operation of commercial motor vehicles; creating an | ||
| offense; authorizing fees. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 522.003, Transportation Code, is amended | ||
| by amending Subdivisions (4), (12), (22), (23), and (25) and adding | ||
| Subdivisions (22-a) and (23-a) to read as follows: | ||
| (4) "Commercial [ |
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| permit [ |
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| driving a commercial motor vehicle as provided by Section | ||
| 522.011(a)(2)(B). | ||
| (12) "Driver's license" has the meaning assigned by | ||
| Section 521.001, except the term does not include a commercial | ||
| learner's permit unless otherwise provided by this chapter. | ||
| (22) "Non-domiciled [ |
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| license" means a commercial driver's license issued by a state to an | ||
| individual who is domiciled [ |
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| (22-a) "Non-domiciled commercial learner's permit" | ||
| means a commercial learner's permit issued by a state to an | ||
| individual who is domiciled in a foreign jurisdiction. | ||
| (23) "Out-of-service order" means: | ||
| (A) a temporary prohibition against driving a | ||
| commercial motor vehicle issued under Section 522.101, the law of | ||
| another state, [ |
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| 395.13, or 396.9, a law compatible with those federal regulations, | ||
| or the North American Uniform Out-of-Service Criteria; or | ||
| (B) a declaration by the Federal Motor Carrier | ||
| Safety Administration or an authorized enforcement officer of a | ||
| state or local jurisdiction that a driver, commercial motor | ||
| vehicle, or motor carrier operation is out of service under 49 | ||
| C.F.R. Section 383.5, 386.72, 392.5, 392.9a, 395.13, or 396.9, a | ||
| law compatible with those federal regulations, or the North | ||
| American Uniform Out-of-Service Criteria. | ||
| (23-a) "Person" includes the United States, a state, | ||
| or a political subdivision of a state. | ||
| (25) "Serious traffic violation" means: | ||
| (A) a conviction arising from the driving of a | ||
| motor vehicle, other than a parking, vehicle weight, or vehicle | ||
| defect violation, for: | ||
| (i) excessive speeding, involving a single | ||
| charge of driving 15 miles per hour or more above the posted speed | ||
| limit; | ||
| (ii) reckless driving, as defined by state | ||
| or local law; | ||
| (iii) a violation of a state or local law | ||
| related to motor vehicle traffic control, including a law | ||
| regulating the operation of vehicles on highways, arising in | ||
| connection with a fatal accident; | ||
| (iv) improper or erratic traffic lane | ||
| change; | ||
| (v) following the vehicle ahead too | ||
| closely; [ |
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| (vi) a violation of Sections 522.011 or | ||
| 522.042; or | ||
| (vii) a violation of a state or local law or | ||
| ordinance prohibiting texting while driving or restricting or | ||
| prohibiting the use of a wireless communication device while | ||
| operating a commercial motor vehicle; or | ||
| (B) a violation of Section 522.015. | ||
| SECTION 2. Section 522.011, Transportation Code, is | ||
| amended by amending Subsection (a) and adding Subsections (e) and | ||
| (f) to read as follows: | ||
| (a) A person may not drive a commercial motor vehicle | ||
| unless: | ||
| (1) the person: | ||
| (A) has in the person's immediate possession a | ||
| commercial driver's license issued by the department appropriate | ||
| for the class of vehicle being driven; and | ||
| (B) is not disqualified or subject to an | ||
| out-of-service order; | ||
| (2) the person: | ||
| (A) has in the person's immediate possession a | ||
| commercial [ |
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| the department; and | ||
| (B) is accompanied by the holder of a commercial | ||
| driver's license issued by the department with any necessary | ||
| endorsements appropriate for the class of vehicle being driven, and | ||
| the license holder: | ||
| (i) for the purpose of giving instruction | ||
| in driving the vehicle, at all times occupies a seat beside the | ||
| permit holder or, in the case of a passenger vehicle, directly | ||
| behind the driver in a location that allows for direct observation | ||
| and supervision of the permit holder [ |
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| (ii) is not disqualified or subject to an | ||
| out-of-service order; or | ||
| (3) the person is authorized to drive the vehicle | ||
| under Section 522.015. | ||
| (e) It is a defense to prosecution for a violation of | ||
| Subsection (a)(2)(A) if the person charged produces in court a | ||
| commercial learner's permit or driver's license, as appropriate, | ||
| that: | ||
| (1) was issued to the person; and | ||
| (2) was valid when the offense was committed. | ||
| (f) The court may assess a defendant an administrative fee | ||
| not to exceed $10 if a charge under this section is dismissed | ||
| because of the defense listed under Subsection (e). | ||
| SECTION 3. Section 522.013, Transportation Code, is amended | ||
| to read as follows: | ||
| Sec. 522.013. NON-DOMICILED [ |
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| PERMIT. (a) The department may issue a non-domiciled | ||
| [ |
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| permit to a person domiciled in [ |
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| jurisdiction if the secretary has determined that the commercial | ||
| motor vehicle testing and licensing standards in the foreign | ||
| jurisdiction do not meet the testing standards established by 49 | ||
| C.F.R. Part 383. | ||
| (b) An applicant for a non-domiciled commercial driver's | ||
| license must surrender any non-domiciled [ |
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| driver's license issued by another state. | ||
| (c) Before issuing a non-domiciled [ |
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| driver's license, the department must establish the practical | ||
| capability of disqualifying the person under the conditions | ||
| applicable to a commercial driver's license issued to a resident of | ||
| this state. Before issuing a non-domiciled commercial learner's | ||
| permit, the department must establish the practical capability of | ||
| disqualifying the person under the conditions applicable to a | ||
| commercial learner's permit issued to a resident of this state. | ||
| (d) "Non-domiciled" [ |
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| of a license or permit issued under this section. | ||
| (e) The department may issue a temporary non-domiciled | ||
| [ |
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| present a social security card as required by Section | ||
| 522.021(a-1)(1) but who otherwise meets the requirements for a | ||
| non-domiciled [ |
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| the requirement that the commercial motor vehicle testing and | ||
| licensing standards of the country of which the applicant is | ||
| domiciled [ |
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| established by 49 C.F.R. Part 383. A license issued under this | ||
| subsection: | ||
| (1) expires on the earlier of: | ||
| (A) the 60th day after the date the license is | ||
| issued; or | ||
| (B) [ |
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| [ |
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| Arrival/Departure record, or a successor document, presented under | ||
| Section 522.021(a-1)(2)(A) [ |
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| (2) may not be renewed. | ||
| (f) The department may not issue more than one temporary | ||
| non-domiciled [ |
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| person. | ||
| SECTION 4. Section 522.014, Transportation Code, is amended | ||
| to read as follows: | ||
| Sec. 522.014. PERMIT. (a) The department may issue a | ||
| commercial [ |
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| (1) has been issued a driver's license by the | ||
| department; and | ||
| (2) has passed the vision and written tests required | ||
| for [ |
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| to be driven. | ||
| (b) A commercial learner's permit must be a separate | ||
| document from a driver's license or a commercial driver's license. | ||
| (c) The issuance of a commercial learner's permit is | ||
| required for: | ||
| (1) the initial issuance of a commercial driver's | ||
| license; or | ||
| (2) the upgrade in classification of a commercial | ||
| driver's license that requires a skills test. | ||
| (d) A commercial learner's permit holder may not take a | ||
| commercial driver's license skills test before the 15th day after | ||
| the date of the issuance of the permit. | ||
| SECTION 5. Section 522.015, Transportation Code, is amended | ||
| to read as follows: | ||
| Sec. 522.015. LICENSE OR PERMIT ISSUED BY OTHER | ||
| JURISDICTION. A person may drive a commercial motor vehicle in this | ||
| state if: | ||
| (1) the person has a commercial driver's license or a | ||
| commercial [ |
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| (A) another state in accordance with the minimum | ||
| federal standards for the issuance of a commercial motor vehicle | ||
| driver's license; or | ||
| (B) a foreign jurisdiction the testing and | ||
| licensing standards of which the United States Department of | ||
| Transportation has determined meet the requirements of the federal | ||
| act; | ||
| (2) the person's license or permit is appropriate for | ||
| the class of vehicle being driven; | ||
| (3) the person is not disqualified from driving a | ||
| commercial motor vehicle and is not subject to an out-of-service | ||
| order; [ |
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| (4) the person has not had a domicile in this state for | ||
| more than 30 days; and | ||
| (5) if the person has a permit, the person also has a | ||
| driver's license issued by the same jurisdiction that issued the | ||
| permit. | ||
| SECTION 6. Sections 522.021(a), (a-1), and (d), | ||
| Transportation Code, are amended to read as follows: | ||
| (a) An application for a commercial driver's license or | ||
| commercial [ |
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| (1) the full name and current residence and mailing | ||
| address of the applicant; | ||
| (2) a physical description of the applicant, including | ||
| sex, height, and eye color; | ||
| (3) the applicant's date of birth; | ||
| (4) the applicant's social security number, unless the | ||
| application is for a non-domiciled [ |
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| driver's license and the applicant is domiciled in [ |
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| foreign jurisdiction; | ||
| (5) certifications, including those required by 49 | ||
| C.F.R. Section 383.71(a); and | ||
| (6) any other information required by the department. | ||
| (a-1) If the application is for a non-domiciled | ||
| [ |
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| domiciled in [ |
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| 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; | ||
| [ |
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| (2) either [ |
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| (A) an unexpired foreign [ |
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| the applicant and a Form I-94 Arrival/Departure record or a | ||
| successor document [ |
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| (B) an unexpired employment authorization | ||
| document [ |
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| (3) documentation demonstrating proof of Texas | ||
| residence as provided by Section 522.0225 [ |
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| (d) A person who knowingly falsifies information or a | ||
| certification required by Subsection (a) commits an offense and is | ||
| subject to a 60-day disqualification [ |
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| commercial driver's license, commercial [ |
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| or application. An offense under this subsection is a Class C | ||
| misdemeanor. | ||
| SECTION 7. Section 522.022, Transportation Code, as | ||
| effective September 1, 2013, is amended to read as follows: | ||
| Sec. 522.022. LICENSE REQUIREMENTS. The department may not | ||
| issue a commercial driver's license other than a non-domiciled | ||
| [ |
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| (1) has a domicile: | ||
| (A) in this state; or | ||
| (B) in another state and is a member of the United | ||
| States armed forces, including a member of the National Guard or a | ||
| reserve or auxiliary unit of any branch of the armed forces, whose | ||
| temporary or permanent duty station is located in this state; | ||
| (2) has passed knowledge and skills tests for driving | ||
| a commercial motor vehicle that comply with minimal federal | ||
| standards established by 49 C.F.R. Part 383, Subparts G and H; and | ||
| (3) has satisfied the requirements imposed by the | ||
| federal act, federal regulation, or state law. | ||
| SECTION 8. Section 522.023, Transportation Code, is amended | ||
| by adding Subsection (j) to read as follows: | ||
| (j) The department may administer a skills test to a person | ||
| who holds a commercial learner's permit issued by another state or | ||
| jurisdiction. | ||
| SECTION 9. Section 522.025, Transportation Code, is amended | ||
| to read as follows: | ||
| Sec. 522.025. LIMITATIONS ON ISSUANCE OF LICENSE OR PERMIT. | ||
| (a) The department may not issue a commercial driver's license or | ||
| commercial [ |
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| disqualified from driving a commercial motor vehicle or while the | ||
| person's driver's license or driving privilege is suspended, | ||
| revoked, or canceled in any state. | ||
| (b) The department may not issue a commercial driver's | ||
| license to a person who has a driver's license, commercial driver's | ||
| license, or commercial [ |
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| state unless the person surrenders the license or permit. The | ||
| department shall notify [ |
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| the issuing state of the surrendered license or permit [ |
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| SECTION 10. Section 522.027, Transportation Code, is | ||
| amended to read as follows: | ||
| Sec. 522.027. MINIMUM AGE. The department may not issue a | ||
| commercial driver's license or a commercial [ |
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| permit to a person who is younger than 18 years of age. | ||
| SECTION 11. Section 522.028, Transportation Code, is | ||
| amended to read as follows: | ||
| Sec. 522.028. CHECK OF DRIVING RECORD. Before issuing a | ||
| commercial driver's license or commercial learner's permit, the | ||
| department shall check the applicant's driving record as required | ||
| by 49 C.F.R. Section 383.73. | ||
| SECTION 12. Section 522.029, Transportation Code, is | ||
| amended by amending Subsections (a), (b), (c), (h), (j), and (k) and | ||
| adding Subsections (h-1) and (l) to read as follows: | ||
| (a) The fee for a commercial driver's license [ |
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| provided by Subsections (f), (h), (j), and (k). | ||
| (b) The fee for a commercial driver's license [ |
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| year of validity of a driver's license, other than a commercial | ||
| driver's license [ |
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| the department to the applicant. | ||
| (c) The fee for a duplicate commercial driver's license or | ||
| commercial [ |
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| (h) The fee for a commercial driver's license [ |
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| (h-1) The fee for the issuance or renewal of a commercial | ||
| learner's permit is $24. | ||
| (j) The fee for issuance or renewal of a commercial driver's | ||
| license [ |
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| license with an expiration date established under Section 522.054. | ||
| (k) The fee for a non-domiciled [ |
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| driver's license or a non-domiciled commercial learner's permit is | ||
| $120. The fee for a temporary non-domiciled [ |
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| commercial driver's license is $20. | ||
| (l) The fee for the administration of a skills test to a | ||
| person who is not domiciled in this state is $60. | ||
| SECTION 13. Section 522.029(f), Transportation Code, as | ||
| added by Chapter 1372 (H.B. 1200), Acts of the 75th Legislature, | ||
| Regular Session, 1997, is amended to read as follows: | ||
| (f) If a commercial driver's license [ |
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| or moped, the fee for the driver's license [ |
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| by $8. | ||
| SECTION 14. Section 522.030(a), Transportation Code, is | ||
| amended to read as follows: | ||
| (a) A commercial driver's license or commercial learner's | ||
| permit must: | ||
| (1) be marked: | ||
| (A) "Commercial Driver License" or "CDL" for a | ||
| commercial driver's license; or | ||
| (B) "Commercial Learner's Permit" or "CLP" for a | ||
| commercial learner's permit; | ||
| (2) be, to the extent practicable, tamper-proof; and | ||
| (3) include: | ||
| (A) the name and domicile [ |
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| the person to whom it is issued; | ||
| (B) the person's [ |
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| (C) a physical description of the person, | ||
| including sex, height, and eye color; | ||
| (D) the person's date of birth; | ||
| (E) a number or identifier the department | ||
| considers appropriate; | ||
| (F) the person's signature; | ||
| (G) each class of commercial motor vehicle that | ||
| the person is authorized to drive, with any endorsements or | ||
| restrictions; | ||
| (H) the name of this state; and | ||
| (I) the dates between which the license is valid. | ||
| SECTION 15. Sections 522.032(a) and (b), Transportation | ||
| Code, are amended to read as follows: | ||
| (a) The holder of a commercial driver's license or | ||
| commercial [ |
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| or mailing address must apply for a duplicate license or permit not | ||
| later than the 30th day after the date of the change in the manner | ||
| provided by Section 521.054. | ||
| (b) The holder of a commercial driver's license or | ||
| commercial [ |
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| residence address shall notify the department not later than the | ||
| 30th day after the date of the change. | ||
| SECTION 16. Section 522.033, Transportation Code, is | ||
| amended to read as follows: | ||
| Sec. 522.033. COMMERCIAL DRIVER'S LICENSE ISSUED TO CERTAIN | ||
| SEX OFFENDERS. (a) The department may issue an original or renewal | ||
| commercial driver's license or commercial [ |
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| to a person whose driver's license or personal identification | ||
| certificate record indicates that the person is subject to the | ||
| registration requirements of Chapter 62, Code of Criminal | ||
| Procedure, only if the person is otherwise eligible for the | ||
| commercial driver's license or commercial [ |
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| and: | ||
| (1) applies in person for the issuance of a license or | ||
| permit under this section; and | ||
| (2) pays a fee of: | ||
| (A) $20 for a commercial driver's license; or | ||
| (B) $24 for a commercial learner's permit. | ||
| (b) Notwithstanding Sections 522.013 and [ |
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| a commercial driver's license [ |
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| or corrected license, expires[ |
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| [ |
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| first birthday of the license holder occurring after the date of | ||
| application, except that the initial license issued under this | ||
| section expires on the second birthday of the license holder | ||
| occurring after the date of application[ |
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| [ |
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| [ |
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| [ |
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| SECTION 17. Sections 522.034(a) and (b), Transportation | ||
| Code, are amended to read as follows: | ||
| (a) An applicant for an original commercial driver's | ||
| license [ |
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| authorization to operate a motorcycle must furnish to the | ||
| department evidence satisfactory to the department that the | ||
| applicant has successfully completed a basic motorcycle operator | ||
| training course approved by the department under Chapter 662. | ||
| (b) The department may not issue an original commercial | ||
| driver's license [ |
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| includes an authorization to operate a motorcycle to an applicant | ||
| who fails to comply with Subsection (a). | ||
| SECTION 18. Sections 522.041(a) and (e), Transportation | ||
| Code, are amended to read as follows: | ||
| (a) The department may issue a Class A, Class B, or Class C | ||
| commercial driver's license or commercial learner's permit. | ||
| (e) The holder of a commercial driver's license or | ||
| commercial learner's permit may drive any vehicle in the class for | ||
| which the license or permit is issued and lesser classes of vehicles | ||
| except a motorcycle or moped. The holder may drive a motorcycle | ||
| only if authorization to drive a motorcycle is shown on the | ||
| commercial driver's license and the requirements for issuance of a | ||
| motorcycle license have been met. | ||
| SECTION 19. Section 522.042, Transportation Code, is | ||
| amended by amending Subsections (b) and (c) and adding Subsections | ||
| (d), (e), and (f) to read as follows: | ||
| (b) The department may issue a commercial learner's permit | ||
| with endorsements authorizing the driving of a passenger vehicle, a | ||
| school bus, or a tank vehicle. | ||
| (c) An endorsement under Subsection (b) for a passenger | ||
| vehicle or a school bus allows a permit holder to operate a vehicle | ||
| with only the following passengers: | ||
| (1) federal or state auditors and inspectors, test | ||
| examiners, or other permit holders; and | ||
| (2) the commercial driver's license holder required | ||
| under Section 522.011(a)(2)(B). | ||
| (d) An endorsement under Subsection (b) for a tank vehicle | ||
| allows a permit holder to operate only an empty tank vehicle that | ||
| has been purged of any hazardous materials. | ||
| (e) The holder of a commercial driver's license or | ||
| commercial learner's permit may not drive a vehicle that requires | ||
| an endorsement unless the proper endorsement appears on the license | ||
| or permit. | ||
| (f) [ |
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| Subsection (c), (d), or (e) [ |
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| a Class C misdemeanor. | ||
| SECTION 20. Section 522.051, Transportation Code, is | ||
| amended by amending Subsections (a), (b), (c), (d), and (f) and | ||
| adding Subsection (h) to read as follows: | ||
| (a) Except as provided by Subsection (f) and Sections | ||
| 522.013(e), 522.033, and 522.054, an original commercial driver's | ||
| license [ |
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| after the applicant's next birthday. | ||
| (b) Except as provided by Section 522.054, a commercial | ||
| driver's license [ |
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| a person holding a Texas Class A, B, C, or M license that would | ||
| expire one year or more after the date of issuance of the commercial | ||
| driver's license [ |
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| five years after the applicant's next birthday. | ||
| (c) Except as provided by Section 522.054, a commercial | ||
| driver's license [ |
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| a person holding a Texas Class A, B, C, or M license that would | ||
| expire less than one year after the date of issuance of the | ||
| commercial driver's license [ |
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| or that has been expired for less than one year expires five years | ||
| after the expiration date shown on the Class A, B, C, or M license. | ||
| (d) Except as provided by Section 522.054, a commercial | ||
| driver's license [ |
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| a person holding a Texas Class A, B, C, or M license that has been | ||
| expired for at least one year but not more than two years expires | ||
| five years after the applicant's last birthday. | ||
| (f) Except as provided by Section 522.013, a non-domiciled | ||
| [ |
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| non-domiciled [ |
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| Section 522.013(e) expires on [ |
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| (1) the earlier of: | ||
| (A) the first birthday of the license holder | ||
| occurring after the fifth anniversary of the date of the | ||
| application; or | ||
| (B) the expiration date of the license holder's | ||
| lawful presence in the United States as determined by the | ||
| appropriate United States agency in compliance with federal law | ||
| [ |
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| (2) the first anniversary of the date of issuance, if | ||
| there is no definitive expiration date for the applicant's | ||
| authorized stay in the United States [ |
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| (h) A commercial learner's permit expires on the earlier of: | ||
| (1) the expiration date of the driver's license or | ||
| commercial driver's license; or | ||
| (2) the 181st day after the date of issuance. | ||
| SECTION 21. Section 522.052(e), Transportation Code, is | ||
| amended to read as follows: | ||
| (e) A commercial driver learner's permit may [ |
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| renewed once for an additional 180 days without requiring the | ||
| applicant to retake the general and endorsement knowledge tests. | ||
| SECTION 22. Section 522.054(a), Transportation Code, is | ||
| amended to read as follows: | ||
| (a) Each original commercial driver's license [ |
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| older expires on the license holder's second birthday after the | ||
| date of the license application. | ||
| SECTION 23. Section 522.0541, Transportation Code, is | ||
| amended to read as follows: | ||
| Sec. 522.0541. DENIAL OF RENEWAL OF COMMERCIAL DRIVER | ||
| LICENSE OR LEARNER PERMIT. (a) In the manner ordered by a court in | ||
| another state in connection with a matter involving the violation | ||
| of a state law or local ordinance relating to motor vehicle traffic | ||
| control and on receipt of the necessary information from the other | ||
| state, the department may deny renewal of the commercial driver's | ||
| license or commercial learner's permit issued to a person by the | ||
| department for the person's: | ||
| (1) failure to appear in connection with a complaint | ||
| or citation; [ |
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| (2) failure to pay or satisfy a judgment ordering the | ||
| payment of a fine and costs; or | ||
| (3) failure to answer a citation or to pay fines, | ||
| penalties, or costs related to the original violation. | ||
| (b) The information necessary under Subsection (a) may be | ||
| transmitted through the commercial driver's license information | ||
| system and must include: | ||
| (1) the name, date of birth, and the commercial | ||
| driver's license number of the license held by the person; | ||
| (2) notice that the person failed to appear as | ||
| required by law or failed to satisfy a judgment that ordered the | ||
| payment of a fine and costs in the manner ordered by the court; | ||
| (3) the nature of the violation; and | ||
| (4) any other information required by the department. | ||
| (c) The department shall apply any notification received | ||
| under Subsection (a) as a conviction to the person's driving | ||
| record. | ||
| SECTION 24. Section 522.055, Transportation Code, is | ||
| amended to read as follows: | ||
| Sec. 522.055. CLEARANCE NOTICE TO DEPARTMENT. On receipt | ||
| of notice from the other state that the grounds for denial of the | ||
| renewal of the commercial driver's license or commercial learner's | ||
| permit based on the [ |
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| or failure to pay a fine and costs previously reported by that state | ||
| under Section 522.0541 have ceased to exist, the department shall | ||
| renew the person's commercial driver's license or commercial | ||
| learner's permit. | ||
| SECTION 25. Sections 522.061(a), (b), and (c), | ||
| Transportation Code, are amended to read as follows: | ||
| (a) A person who holds or is required to hold a commercial | ||
| driver's license or a commercial learner's permit under this | ||
| chapter and who is convicted in another state of violating a state | ||
| law or local ordinance relating to motor vehicle traffic control | ||
| shall notify the department in the manner specified by the | ||
| department not later than the seventh day after the date of | ||
| conviction. | ||
| (b) A person who holds or is required to hold a commercial | ||
| driver's license or commercial learner's permit under this chapter | ||
| and who is convicted in this state or another state of violating a | ||
| state law or local ordinance relating to motor vehicle traffic | ||
| control, including a law regulating the operation of vehicles on | ||
| highways, shall notify the person's employer in writing of the | ||
| conviction not later than the seventh day after the date of | ||
| conviction. | ||
| (c) A notification to the department or an employer must be | ||
| in writing and must contain: | ||
| (1) the driver's full name; | ||
| (2) the driver's license or permit number; | ||
| (3) the date of conviction; | ||
| (4) the nature of the violation; | ||
| (5) a notation of whether the violation was committed | ||
| in a commercial motor vehicle; | ||
| (6) the location where the offense was committed; and | ||
| (7) the driver's signature. | ||
| SECTION 26. Section 522.062(a), Transportation Code, is | ||
| amended to read as follows: | ||
| (a) If a person holds a driver's license, commercial | ||
| driver's license, or commercial learner's permit issued by another | ||
| state and is finally convicted of a violation of a state traffic law | ||
| or local traffic ordinance that was committed in a commercial motor | ||
| vehicle, the department shall notify the driver's licensing | ||
| authority in the issuing state of that conviction, in the time and | ||
| manner required by 49 U.S.C. Section 31311. | ||
| SECTION 27. Section 522.071(a), Transportation Code, as | ||
| amended by Chapters 424 (S.B. 1372) and 499 (S.B. 333), Acts of the | ||
| 80th Legislature, Regular Session, 2007, is reenacted and amended | ||
| to read as follows: | ||
| (a) A person commits an offense if the person drives a | ||
| commercial motor vehicle on a highway: | ||
| (1) after the person has been denied the issuance of a | ||
| license or permit, unless the person has a driver's license | ||
| appropriate for the class of vehicle being driven that was | ||
| subsequently issued; | ||
| (2) during a period that a disqualification of the | ||
| person's driver's license, permit, or privilege is in effect; | ||
| (3) while the person's driver's license or permit is | ||
| expired, if the license or permit expired during a period of | ||
| disqualification; | ||
| (4) during a period that the person was subject to an | ||
| order prohibiting the person from obtaining a driver's license or | ||
| permit; or | ||
| (5) during a period in which the person, the person's | ||
| employer, or the vehicle being operated is subject to [ |
||
|
|
||
| SECTION 28. Section 522.071(b), Transportation Code, is | ||
| amended to read as follows: | ||
| (b) It is not a defense to prosecution that the person had | ||
| not received notice of a disqualification imposed as a result of a | ||
| conviction that results in an automatic disqualification of the | ||
| person's driver's license, permit, or privilege. | ||
| SECTION 29. Sections 522.081(a), (b), (e), and (g), | ||
| Transportation Code, are amended to read as follows: | ||
| (a) This subsection applies to a violation committed while | ||
| operating any motor vehicle, including a commercial motor vehicle. | ||
| A person who holds a commercial driver's license or commercial | ||
| learner's permit is disqualified from driving a commercial motor | ||
| vehicle for: | ||
| (1) 60 days if convicted of: | ||
| (A) two serious traffic violations that occur | ||
| within a three-year period; or | ||
| (B) one violation of a law that regulates the | ||
| operation of a motor vehicle at a railroad grade crossing; or | ||
| (2) 120 days if convicted of: | ||
| (A) three serious traffic violations arising | ||
| from separate incidents occurring within a three-year period; or | ||
| (B) two violations of a law that regulates the | ||
| operation of a motor vehicle at a railroad grade crossing that occur | ||
| within a three-year period. | ||
| (b) Except as provided by this subsection, this [ |
||
| subsection applies to a violation committed while operating any | ||
| type of motor vehicle, including a commercial motor vehicle[ |
||
|
|
||
| commercial driver's license or commercial learner's permit is | ||
| disqualified from driving a commercial motor vehicle for one year: | ||
| (1) if convicted of three violations of a law that | ||
| regulates the operation of a motor vehicle at a railroad grade | ||
| crossing that occur within a three-year period; | ||
| (2) on first conviction of: | ||
| (A) driving a motor vehicle under the influence | ||
| of alcohol or a controlled substance, including a violation of | ||
| Section 49.04, 49.045, or 49.07, Penal Code; | ||
| (B) leaving the scene of an accident involving a | ||
| motor vehicle driven by the person; | ||
| (C) using a motor vehicle in the commission of a | ||
| felony, other than a felony described by Subsection (d)(2); | ||
| (D) causing the death of another person through | ||
| the negligent or criminal operation of a motor vehicle; or | ||
| (E) driving a commercial motor vehicle while the | ||
| person's commercial driver's license or commercial learner's permit | ||
| is revoked, suspended, or canceled, or while the person is | ||
| disqualified from driving a commercial motor vehicle, for an action | ||
| or conduct that occurred while operating a commercial motor | ||
| vehicle; | ||
| (3) for refusing to submit to a test under Chapter 724 | ||
| to determine the person's alcohol concentration or the presence in | ||
| the person's body of a controlled substance or drug while operating | ||
| a motor vehicle in a public place; or | ||
| (4) if an analysis of the person's blood, breath, or | ||
| urine under Chapter 522, 524, or 724 determines that the person: | ||
| (A) had an alcohol concentration of 0.04 or more, | ||
| or that a controlled substance or drug was present in the person's | ||
| body, while operating a commercial motor vehicle in a public place; | ||
| or | ||
| (B) had an alcohol concentration of 0.08 or more | ||
| while operating a motor vehicle, other than a commercial motor | ||
| vehicle, in a public place. | ||
| (e) A person may not be issued a commercial driver's license | ||
| or a commercial learner's permit and is disqualified from operating | ||
| a commercial motor vehicle if, in connection with the person's | ||
| operation of a commercial motor vehicle, the person commits an | ||
| offense or engages in conduct that would disqualify the holder of a | ||
| commercial driver's license from operating a commercial motor | ||
| vehicle, or is determined to have had an alcohol concentration of | ||
| 0.04 or more or to have had a controlled substance or drug present | ||
| in the person's body. The period of prohibition under this | ||
| subsection is equal to the appropriate period of disqualification | ||
| required by Subsections (a)-(d). | ||
| (g) A person who holds a commercial driver's license or | ||
| commercial learner's permit is disqualified from operating a | ||
| commercial motor vehicle if the person's driving is determined to | ||
| constitute an imminent hazard under 49 C.F.R. Section 383.52. The | ||
| disqualification is for the disqualification period imposed under | ||
| that section and shall be noted on the person's driving record. | ||
| SECTION 30. Section 522.084, Transportation Code, is | ||
| amended to read as follows: | ||
| Sec. 522.084. NOTIFICATION TO OTHER JURISDICTION. After | ||
| disqualifying a person who has a domicile in another state or in a | ||
| foreign jurisdiction, the department shall give notice of that fact | ||
| to the licensing authority of the state that issued the person's | ||
| driver's license, commercial driver's license, or commercial | ||
| [ |
||
| SECTION 31. Section 522.087, Transportation Code, is | ||
| amended by adding Subsection (d) to read as follows: | ||
| (d) A disqualification imposed under Section | ||
| 522.081(a)(1)(B) or 522.081(b)(2) or (d)(2) takes effect on the | ||
| 10th day after the date the department issues the order of | ||
| disqualification. | ||
| SECTION 32. Section 522.089, Transportation Code, is | ||
| amended to read as follows: | ||
| Sec. 522.089. EFFECT OF SUSPENSION, REVOCATION, | ||
| CANCELLATION, OR DENIAL OF LICENSE OR PERMIT UNDER OTHER LAW. (a) | ||
| A suspension, revocation, cancellation, or denial of a driver's | ||
| license, permit, or privilege under Chapter 521 or another law of | ||
| this state disqualifies the person under this chapter. | ||
| (b) If the department disqualifies a person under this | ||
| chapter [ |
||
| law, the person is disqualified for the longer period. | ||
| SECTION 33. Effective January 30, 2014, Subchapter H, | ||
| Chapter 522, Transportation Code, is amended by adding Section | ||
| 522.093 to read as follows: | ||
| Sec. 522.093. SELF-CERTIFICATION OF MEDICAL STATUS. The | ||
| department shall remove the commercial driver's license privilege | ||
| from the holder of a commercial driver's license or a commercial | ||
| learner's permit if the holder: | ||
| (1) fails to provide the department a | ||
| self-certification of operating status; or | ||
| (2) fails to provide and maintain with the department | ||
| a current medical examiner's certificate that is required based on | ||
| the self-certification. | ||
| SECTION 34. Section 522.105(a), Transportation Code, is | ||
| amended to read as follows: | ||
| (a) On receipt of a report under Section 522.104, the | ||
| department shall disqualify the person from driving a commercial | ||
| motor vehicle under Section 522.081 beginning on the 45th day after | ||
| the date the report is received unless a hearing is granted. | ||
| SECTION 35. Section 524.001(10), Transportation Code, is | ||
| amended to read as follows: | ||
| (10) "Driver's license" has the meaning assigned by | ||
| Section 521.001. The term includes a commercial driver's license | ||
| or a commercial [ |
||
| SECTION 36. Section 543.007, Transportation Code, is | ||
| amended to read as follows: | ||
| Sec. 543.007. NOTICE TO APPEAR: COMMERCIAL VEHICLE OR | ||
| LICENSE. A notice to appear issued to the operator of a commercial | ||
| motor vehicle or holder of a commercial driver's license or | ||
| commercial [ |
||
| regulating the operation of vehicles on highways, must contain the | ||
| information required by department rule, to comply with Chapter 522 | ||
| and the federal Commercial Motor Vehicle Safety Act of 1986 (Title | ||
| 49, U.S.C. Section 2701 et seq.). | ||
| SECTION 37. Section 543.202(b), Transportation Code, is | ||
| amended to read as follows: | ||
| (b) The record must be made on a form or by a data processing | ||
| method acceptable to the department and must include: | ||
| (1) the name, address, physical description, | ||
| including race or ethnicity, date of birth, and driver's license | ||
| number of the person charged; | ||
| (2) the registration number of the vehicle involved; | ||
| (3) whether the vehicle was a commercial motor vehicle | ||
| as defined by Chapter 522 or was involved in transporting hazardous | ||
| materials; | ||
| (4) the person's social security number, if the person | ||
| was operating a commercial motor vehicle or was the holder of a | ||
| commercial driver's license or commercial [ |
||
| permit; | ||
| (5) the date and nature of the offense, including | ||
| whether the offense was a serious traffic violation as defined by | ||
| Chapter 522; | ||
| (6) whether a search of the vehicle was conducted and | ||
| whether consent for the search was obtained; | ||
| (7) the plea, the judgment, whether the individual was | ||
| adjudicated under Article 45.0511, Code of Criminal Procedure, and | ||
| whether bail was forfeited; | ||
| (8) the date of conviction; and | ||
| (9) the amount of the fine or forfeiture. | ||
| SECTION 38. Subchapter I, Chapter 545, Transportation Code, | ||
| is amended by adding Section 545.4255 to read as follows: | ||
| Sec. 545.4255. CERTAIN COMMUNICATIONS BY OPERATOR OF | ||
| COMMERCIAL MOTOR VEHICLE PROHIBITED; OFFENSE. (a) In this | ||
| section: | ||
| (1) "Driving" means operating a vehicle on a highway, | ||
| including while temporarily stopped because of traffic, a traffic | ||
| control device, or other momentary delays. The term does not | ||
| include stationary operation of the vehicle alongside or off of a | ||
| highway in a safe location. | ||
| (2) "Text message" means a message generated by | ||
| manually entering alphanumeric characters into an electronic | ||
| device. The term includes a short message service, e-mail, instant | ||
| message, a command or request to access an Internet website, a voice | ||
| communication using a wireless communication device that requires | ||
| pressing more than one button to initiate or terminate, or any other | ||
| form of electronic text for present or future communication. | ||
| (b) The operator of a commercial motor vehicle may not | ||
| generate, send, or read a text message while driving the vehicle. | ||
| (c) A person who violates Subsection (b) commits an offense. | ||
| An offense under this subsection is a Class C misdemeanor. | ||
| (d) This section does not apply to: | ||
| (1) an operator of a commercial motor vehicle who: | ||
| (A) inputs, selects, or reads information on a | ||
| global positioning or navigation system; | ||
| (B) presses a single button to initiate or | ||
| terminate a voice communication using a wireless communication | ||
| device; | ||
| (C) uses a device capable of performing multiple | ||
| functions, such as a fleet management system, dispatch service, | ||
| smart phone, citizens band radio, or music player, in a manner that | ||
| is not prohibited by this section; or | ||
| (D) communicates with law enforcement officials | ||
| or other emergency services personnel; or | ||
| (2) a law enforcement officer, firefighter, or | ||
| operator of an authorized emergency vehicle communicating while | ||
| engaged in the performance of official duties. | ||
| SECTION 39. Article 62.060(a), Code of Criminal Procedure, | ||
| is amended to read as follows: | ||
| (a) A person subject to registration under this chapter | ||
| shall apply to the department in person for the issuance of, as | ||
| applicable, an original or renewal driver's license under Section | ||
| 521.272, Transportation Code, an original or renewal personal | ||
| identification certificate under Section 521.103, Transportation | ||
| Code, or an original or renewal commercial driver's license or | ||
| commercial [ |
||
| Transportation Code, not later than the 30th day after the date: | ||
| (1) the person is released from a penal institution or | ||
| is released by a court on community supervision or juvenile | ||
| probation; or | ||
| (2) the department sends written notice to the person | ||
| of the requirements of this article. | ||
| SECTION 40. Section 522.029(f), Transportation Code, as | ||
| added by Chapter 1156 (S.B. 99), Acts of the 75th Legislature, | ||
| Regular Session, 1997, is repealed. | ||
| SECTION 41. (a) The changes in law made by this Act to | ||
| Sections 522.011, 522.042, and 522.071, Transportation Code, apply | ||
| only to an offense that is committed on or after the effective date | ||
| of this Act. An offense committed before the effective date of this | ||
| Act is governed by the law in effect on the date the offense was | ||
| committed, and the former law is continued in effect for that | ||
| purpose. For purposes of this subsection, an offense was committed | ||
| before the effective date of this Act if any element of the offense | ||
| occurred before that date. | ||
| (b) The change in law made by this Act to Section 522.021, | ||
| Transportation Code, applies only to an application for a license | ||
| that is filed on or after the effective date of this Act. | ||
| (c) The changes in law made by this Act to Sections 522.029, | ||
| 522.033, and 522.051, Transportation Code, apply only to a license | ||
| or permit that is issued on or after the effective date of this Act. | ||
| SECTION 42. Except as otherwise provided by this Act, this | ||
| Act takes effect January 1, 2014. | ||
