Texas 2009 - 81st Regular

Texas House Bill HB253 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R212 KSD/MTB-D
2	2	By: Berman H.B. No. 253
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to language requirements for engaging in certain regulated
8	8	activities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 656, Government Code, is
11	11	amended by adding Section 656.002 to read as follows:
12	12	Sec. 656.002. SECOND LANGUAGE PROFICIENCY REQUIREMENTS
13	13	PROHIBITED. (a) In this section, "state agency" means a board,
14	14	commission, office, department, or other agency in the executive,
15	15	judicial, or legislative branch of state government, including an
16	16	institution of higher education as defined by Section 61.003,
17	17	Education Code.
18	18	(b) A state agency may not require a person to be proficient
19	19	in a language in addition to English as a prerequisite to obtaining:
20	20	(1) employment with the agency; or
21	21	(2) an employment promotion within the agency.
22	22	SECTION 2. Subchapter C, Chapter 21, Labor Code, is amended
23	23	by adding Section 21.1205 to read as follows:
24	24	Sec. 21.1205. CERTAIN ENGLISH-ONLY POLICIES. (a) An
25	25	employer does not commit an unlawful employment practice by
26	26	adopting a policy requiring its employees to speak only English in
27	27	conducting the employer's business when necessary to:
28	28	(1) promote safety or efficiency; or
29	29	(2) ensure effective communication with the employer's
30	30	customers or among the employer's employees.
31	31	(b) Subsection (a) does not apply to a policy adopted or
32	32	applied with the intent to discriminate because of race, color,
33	33	sex, national origin, religion, age, or disability.
34	34	SECTION 3. Section 521.161, Transportation Code, is amended
35	35	by amending Subsections (a) and (b) and adding Subsection (f) to
36	36	read as follows:
37	37	(a) Except as otherwise provided by this subchapter, the
38	38	department shall examine each applicant for a driver's license.
39	39	The examination shall be held:
40	40	(1) in English; and
41	41	(2) in the county in which the applicant resides or
42	42	applies not later than the 10th day after the date on which the
43	43	application is made.
44	44	(b) The examination must include:
45	45	(1) a test of the applicant's:
46	46	(A) vision;
47	47	(B) ability to identify and understand highway
48	48	signs [in English] that regulate, warn, or direct traffic; and
49	49	(C) knowledge of the traffic laws of this state;
50	50	(2) a demonstration of the applicant's ability to
51	51	exercise ordinary and reasonable control in the operation of a
52	52	motor vehicle of the type that the applicant will be licensed to
53	53	operate; and
54	54	(3) any additional examination the department finds
55	55	necessary to determine the applicant's fitness to operate a motor
56	56	vehicle safely.
57	57	(f) An applicant may not use an interpreter to translate any
58	58	portion of an examination administered under this section.
59	59	SECTION 4. Section 522.023, Transportation Code, is amended
60	60	by amending Subsections (a) and (g) and adding Subsection (j) to
61	61	read as follows:
62	62	(a) The tests required by Section 522.022 must:
63	63	(1) be prescribed by the department; and
64	64	(2) be in English.
65	65	(g) The department shall test the applicant's ability to
66	66	understand highway traffic signs and signals [that are written in
67	67	English].
68	68	(j) An applicant may not use an interpreter to translate any
69	69	portion of an examination administered under this section.
70	70	SECTION 5. Section 522.043, Transportation Code, is amended
71	71	to read as follows:
72	72	Sec. 522.043. RESTRICTIONS; OFFENSE. (a) On issuing a
73	73	commercial driver's license, the department for good cause may
74	74	impose one or more restrictions suitable to the license holder's
75	75	driving ability and limitations, including restrictions:
76	76	(1) prohibiting the license holder from driving a
77	77	vehicle equipped with air brakes; and
78	78	(2) as provided by 49 C.F.R. Part 391, prohibiting
79	79	driving a commercial vehicle in interstate commerce by a person
80	80	who:
81	81	(A) is under 21 years of age; or
82	82	(B) does not meet applicable physical
83	83	guidelines[; or
84	84	[(C) cannot sufficiently read and speak the
85	85	English language.
86	86	[(b) For purposes of this section, the department may not
87	87	administer examinations or tests relating to the applicant's
88	88	proficiency in the English language, but if an applicant cannot
89	89	speak English sufficiently to communicate to department personnel
90	90	the applicant's need for a commercial driver's license, the
91	91	department may issue to the person a commercial driver's license
92	92	restricted to operation in intrastate commerce].
93	93	(b) [(c)] A person commits an offense if the person drives
94	94	a commercial motor vehicle in violation of a restriction. An
95	95	offense under this section is a Class C misdemeanor.
96	96	SECTION 6. Section 521.162, Transportation Code, is
97	97	repealed.
98	98	SECTION 7. The changes in law made by this Act to Sections
99	99	521.161, 521.162, 522.023, and 522.043, Transportation Code, apply
100	100	only to an application for a driver's license that is filed on or
101	101	after the effective date of this Act. An application for a driver's
102	102	license that was filed before the effective date of this Act is
103	103	governed by the law in effect immediately before the effective date
104	104	of this Act, and the former law is continued in effect for that
105	105	purpose.
106	106	SECTION 8. This Act takes effect September 1, 2009.