Bill Text: TX SB40 | 2013 | 83rd Legislature 1st Special Session | Introduced

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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

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83S10118 AJZ-F
By: Nichols S.B. No. 40

A BILL TO BE ENTITLED
AN ACT
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 [driver] learner's permit" means a
permit [commercial driver's license] that restricts the holder to
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 [Nonresident] commercial driver's
license" means a commercial driver's license issued by a state to an
individual who is domiciled [resides] in a foreign jurisdiction.
(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, [or] 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; 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; [or]
(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 [driver] learner's permit and driver's license issued by
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 [for the purpose of giving
instruction in driving the vehicle]; and
(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 [NONRESIDENT] LICENSE OR
PERMIT. (a) The department may issue a non-domiciled
[nonresident] commercial driver's license or commercial learner's
permit to a person domiciled in [resident of] a foreign
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 [nonresident] commercial
driver's license issued by another state.
(c) Before issuing a non-domiciled [nonresident] commercial
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" ["Nonresident"] must appear on the face
of a license or permit issued under this section.
(e) The department may issue a temporary non-domiciled
[nonresident] commercial driver's license to a person who does not
present a social security card as required by Section
522.021(a-1)(1) but who otherwise meets the requirements for a
non-domiciled [nonresident] commercial driver's license, including
the requirement that the commercial motor vehicle testing and
licensing standards of the country of which the applicant is
domiciled [a resident] not meet the testing and licensing standards
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) [the expiration date of the visa presented
under Section 522.021(a-1)(2)(B); or
[(C)] the expiration date of the Form I-94
Arrival/Departure record, or a successor document, presented under
Section 522.021(a-1)(2)(A) [522.021(a-1)(2)(C)]; and
(2) may not be renewed.
(f) The department may not issue more than one temporary
non-domiciled [nonresident] commercial driver's license to a
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 [driver] learner's permit to an individual who:
(1) has been issued a driver's license by the
department; and
(2) has passed the vision and written tests required
for [a Texas driver's license appropriate for] the class of vehicle
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 [driver] learner's permit issued by:
(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; [and]
(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 [driver] learner's permit must include:
(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 [nonresident] commercial
driver's license and the applicant is domiciled in [a resident of] a
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
[nonresident] commercial driver's license and the applicant is
domiciled in [a resident of] 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;
[and]
(2) either [each of the following]:
(A) an unexpired foreign [a] passport issued to
the applicant and a Form I-94 Arrival/Departure record or a
successor document [by the country of which the applicant is a
resident]; or
(B) an unexpired employment authorization
document [a Temporary Worker visa]; and
(3) documentation demonstrating proof of Texas
residence as provided by Section 522.0225 [(C) a Form I-94
Arrival/Departure record or a successor document].
(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 [cancellation] of the person's
commercial driver's license, commercial [driver] learner's permit,
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
[nonresident] license to a person unless the person:
(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 [driver] learner's permit to a person who is
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 [driver] learner's permit issued by another
state unless the person surrenders the license or permit. The
department shall notify [return a surrendered license or permit to]
the issuing state of the surrendered license or permit [for
cancellation].
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 [driver] learner's
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 [or commercial
driver learner's permit] issued by the department is $60, except as
provided by Subsections (f), (h), (j), and (k).
(b) The fee for a commercial driver's license [or commercial
driver learner's permit] shall be reduced by $4 for each remaining
year of validity of a driver's license, other than a commercial
driver's license [or commercial driver learner's permit] issued by
the department to the applicant.
(c) The fee for a duplicate commercial driver's license or
commercial [driver] learner's permit is $10.
(h) The fee for a commercial driver's license [or commercial
driver learner's permit] issued under Section 522.033 is $20.
(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 [or commercial driver learner's permit] is $25 for a
license with an expiration date established under Section 522.054.
(k) The fee for a non-domiciled [nonresident] commercial
driver's license or a non-domiciled commercial learner's permit is
$120. The fee for a temporary non-domiciled [nonresident]
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 [or commercial driver
learner's permit] includes an authorization to operate a motorcycle
or moped, the fee for the driver's license [or permit] is increased
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 [mailing] address of
the person to whom it is issued;
(B) the person's [color] photograph;
(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 [driver] learner's permit who changes the holder's name
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 [driver] learner's permit who changes the holder's
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 [driver] learner's permit
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 [driver] learner's permit
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 [Section] 522.051,
a commercial driver's license [or commercial driver learner's
permit] issued under this section, including a renewal, duplicate,
or corrected license, expires[:
[(1) if the license or permit holder is a citizen,
national, or legal permanent resident of the United States or a
refugee or asylee lawfully admitted into the United States,] on the
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[; or
[(2) if the applicant is not described by Subdivision
(1), on the earlier of:
[(A) the expiration date of the applicant's
authorized stay in the United States; or
[(B) the 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].
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 [or commercial driver learner's permit] that includes an
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 [or commercial driver learner's permit] that
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) [(c)] A person commits an offense if the person violates
Subsection (c), (d), or (e) [(b)]. An offense under this section is
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 [or commercial driver learner's permit] expires five years
after the applicant's next birthday.
(b) Except as provided by Section 522.054, a commercial
driver's license [or commercial driver learner's permit] issued to
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 [or commercial driver learner's permit] expires
five years after the applicant's next birthday.
(c) Except as provided by Section 522.054, a commercial
driver's license [or commercial driver learner's permit] issued to
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 [or commercial driver learner's permit]
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 [or commercial driver learner's permit] issued to
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
[nonresident] commercial driver's license other than a temporary
non-domiciled [nonresident] commercial driver's license under
Section 522.013(e) expires on [the earlier of]:
(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
[the expiration date of the visa presented under Section
522.021(a-1)(2)(B)]; or
(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 [expiration date of the Form
I-94 Arrival/Departure record, or a successor document, presented
under Section 522.021(a-1)(2)(C)].
(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 [not] be
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 [and
commercial driver learner's permit] of a person 85 years of age or
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; [or]
(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 [license] holder's previous failure to appear
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 [in violation
of] an out-of-service order.
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 [This]
subsection applies to a violation committed while operating any
type of motor vehicle, including a commercial motor vehicle[,
except as provided by this subsection]. A person who holds a
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
[driver] learner's permit.
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 [disqualifies a person] for a longer period than the other
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 [driver] learner's permit issued under Chapter 522.
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 [driver] learner's permit, for the violation of a law
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 [driver] learner's
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 [driver] learner's permit under Section 522.033,
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.