81R212 KSD/MTB-D
By: Berman H.B. No. 253
A BILL TO BE ENTITLED
AN ACT
relating to language requirements for engaging in certain regulated
activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 656, Government Code, is
amended by adding Section 656.002 to read as follows:
Sec. 656.002. SECOND LANGUAGE PROFICIENCY REQUIREMENTS
PROHIBITED. (a) In this section, "state agency" means a board,
commission, office, department, or other agency in the executive,
judicial, or legislative branch of state government, including an
institution of higher education as defined by Section 61.003,
Education Code.
(b) A state agency may not require a person to be proficient
in a language in addition to English as a prerequisite to obtaining:
(1) employment with the agency; or
(2) an employment promotion within the agency.
SECTION 2. Subchapter C, Chapter 21, Labor Code, is amended
by adding Section 21.1205 to read as follows:
Sec. 21.1205. CERTAIN ENGLISH-ONLY POLICIES. (a) An
employer does not commit an unlawful employment practice by
adopting a policy requiring its employees to speak only English in
conducting the employer's business when necessary to:
(1) promote safety or efficiency; or
(2) ensure effective communication with the employer's
customers or among the employer's employees.
(b) Subsection (a) does not apply to a policy adopted or
applied with the intent to discriminate because of race, color,
sex, national origin, religion, age, or disability.
SECTION 3. Section 521.161, Transportation Code, is amended
by amending Subsections (a) and (b) and adding Subsection (f) to
read as follows:
(a) Except as otherwise provided by this subchapter, the
department shall examine each applicant for a driver's license.
The examination shall be held:
(1) in English; and
(2) in the county in which the applicant resides or
applies not later than the 10th day after the date on which the
application is made.
(b) The examination must include:
(1) a test of the applicant's:
(A) vision;
(B) ability to identify and understand highway
signs [in English] that regulate, warn, or direct traffic; and
(C) knowledge of the traffic laws of this state;
(2) a demonstration of the applicant's ability to
exercise ordinary and reasonable control in the operation of a
motor vehicle of the type that the applicant will be licensed to
operate; and
(3) any additional examination the department finds
necessary to determine the applicant's fitness to operate a motor
vehicle safely.
(f) An applicant may not use an interpreter to translate any
portion of an examination administered under this section.
SECTION 4. Section 522.023, Transportation Code, is amended
by amending Subsections (a) and (g) and adding Subsection (j) to
read as follows:
(a) The tests required by Section 522.022 must:
(1) be prescribed by the department; and
(2) be in English.
(g) The department shall test the applicant's ability to
understand highway traffic signs and signals [that are written in
English].
(j) An applicant may not use an interpreter to translate any
portion of an examination administered under this section.
SECTION 5. Section 522.043, Transportation Code, is amended
to read as follows:
Sec. 522.043. RESTRICTIONS; OFFENSE. (a) On issuing a
commercial driver's license, the department for good cause may
impose one or more restrictions suitable to the license holder's
driving ability and limitations, including restrictions:
(1) prohibiting the license holder from driving a
vehicle equipped with air brakes; and
(2) as provided by 49 C.F.R. Part 391, prohibiting
driving a commercial vehicle in interstate commerce by a person
who:
(A) is under 21 years of age; or
(B) does not meet applicable physical
guidelines[; or
[(C) cannot sufficiently read and speak the
English language.
[(b) For purposes of this section, the department may not
administer examinations or tests relating to the applicant's
proficiency in the English language, but if an applicant cannot
speak English sufficiently to communicate to department personnel
the applicant's need for a commercial driver's license, the
department may issue to the person a commercial driver's license
restricted to operation in intrastate commerce].
(b) [(c)] A person commits an offense if the person drives
a commercial motor vehicle in violation of a restriction. An
offense under this section is a Class C misdemeanor.
SECTION 6. Section 521.162, Transportation Code, is
repealed.
SECTION 7. The changes in law made by this Act to Sections
521.161, 521.162, 522.023, and 522.043, Transportation Code, apply
only to an application for a driver's license that is filed on or
after the effective date of this Act. An application for a driver's
license that was filed before the effective date of this Act is
governed by the law in effect immediately before the effective date
of this Act, and the former law is continued in effect for that
purpose.
SECTION 8. This Act takes effect September 1, 2009.