Texas 2009 - 81st Regular

Texas Senate Bill SB1093 Compare Versions

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1	1	S.B. No. 1093
2	2
3	3
4	4	AN ACT
5	5	relating to the operation of commercial motor vehicles and vehicles
6	6	used exclusively to transport waste.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subdivision (5), Section 522.003,
9	9	Transportation Code, is amended to read as follows:
10	10	(5) "Commercial motor vehicle" means a motor vehicle
11	11	or combination of motor vehicles used to transport passengers or
12	12	property that:
13	13	(A) has a gross combination weight or a gross
14	14	combination weight rating of 26,001 or more pounds, including a
15	15	towed unit with a gross vehicle weight or a gross vehicle weight
16	16	rating of more than 10,000 pounds;
17	17	(B) has a gross vehicle weight or a gross vehicle
18	18	weight rating of 26,001 or more pounds;
19	19	(C) is designed to transport 16 or more
20	20	passengers, including the driver; or
21	21	(D) is transporting hazardous materials and is
22	22	required to be placarded under 49 C.F.R. Part 172, Subpart F.
23	23	SECTION 2. Subsection (a), Section 522.072, Transportation
24	24	Code, as amended by Chapters 13 (S.B. 332) and 424 (S.B. 1372), Acts
25	25	of the 80th Legislature, Regular Session, 2007, is reenacted to
26	26	read as follows:
27	27	(a) An employer may not knowingly permit a person to drive a
28	28	commercial motor vehicle during a period in which:
29	29	(1) the person has been denied the privilege of
30	30	driving a commercial motor vehicle;
31	31	(2) the person is disqualified from driving a
32	32	commercial motor vehicle;
33	33	(3) the person, the person's employer, or the vehicle
34	34	being operated is subject to an out-of-service order in a state; or
35	35	(4) the person has more than one commercial driver's
36	36	license, except during the 10-day period beginning on the date the
37	37	person is issued a driver's license.
38	38	SECTION 3. Subsection (b), Section 545.301, Transportation
39	39	Code, is amended to read as follows:
40	40	(b) This section does not apply to an operator of:
41	41	(1) a vehicle that is disabled while on the paved or
42	42	main traveled part of a highway if it is impossible to avoid
43	43	stopping and temporarily leaving the vehicle on the highway; or
44	44	(2) a vehicle used exclusively to transport solid,
45	45	semisolid, or liquid waste operated at the time in connection with
46	46	the removal or transportation of solid, semisolid, or liquid waste
47	47	from a location adjacent to the highway.
48	48	SECTION 4. This Act takes effect September 1, 2009.
49	49	______________________________ ______________________________
50	50	President of the Senate Speaker of the House
51	51	I hereby certify that S.B. No. 1093 passed the Senate on
52	52	April 23, 2009, by the following vote: Yeas 30, Nays 0; and that
53	53	the Senate concurred in House amendment on May 29, 2009, by the
54	54	following vote: Yeas 31, Nays 0.
55	55	______________________________
56	56	Secretary of the Senate
57	57	I hereby certify that S.B. No. 1093 passed the House, with
58	58	amendment, on May 26, 2009, by the following vote: Yeas 144,
59	59	Nays 0, two present not voting.
60	60	______________________________
61	61	Chief Clerk of the House
62	62	Approved:
63	63	______________________________
64	64	Date
65	65	______________________________
66	66	Governor