83R6525 JAM-D
By: Kolkhorst H.B. No. 2132
A BILL TO BE ENTITLED
AN ACT
relating to the certification and regulation of escort flag vehicle
pilots; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 14, Occupations Code, is
amended by adding Chapter 2402 to read as follows:
CHAPTER 2402. ESCORT FLAG VEHICLE PILOTS
Sec. 2402.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of the department.
(2) "Department" means the Texas Department of Motor
Vehicles.
(3) "Escort flag vehicle" means a vehicle that
precedes or follows an oversize or overweight vehicle, including a
towed manufactured house, for the purpose of facilitating the safe
movement of the oversize or overweight vehicle over roads.
(4) "Escort flag vehicle pilot" means a person who
operates an escort flag vehicle.
Sec. 2402.002. CERTIFICATION REQUIRED. A person may not
act as an escort flag vehicle pilot unless the person is certified
under this chapter.
Sec. 2402.003. ISSUANCE AND RENEWAL OF CERTIFICATION. (a)
The board shall issue a certification to act as an escort flag
vehicle pilot to a person who:
(1) demonstrates to the board's satisfaction that the
person has successfully completed a course that meets the minimum
requirements described by the Pilot Car Escort Best Practices
Guidelines, as the publication exists on September 1, 2013,
endorsed by the Specialized Carriers and Rigging Association, the
United States Department of Transportation Federal Highway
Administration, and the Commercial Vehicle Safety Alliance; and
(2) meets any other requirements for certification
required by board rule.
(b) A certification issued under this section expires on the
fourth anniversary of issuance unless renewed in the manner
provided by board rule.
Sec. 2402.004. FEES. The board may establish and collect
reasonable and necessary fees in amounts sufficient to cover the
costs of administering this chapter.
Sec. 2402.005. RULES. The board shall adopt rules to
administer this chapter and as necessary to protect the public
health, safety, and welfare, including rules on:
(1) qualifications for certification, including
establishing a minimum age for certification and standards relating
to acceptable driving records for certification;
(2) renewal of a certification;
(3) standards of conduct for the holder of a
certification; and
(4) criteria for any continuing education of escort
flag vehicle pilots as required for certification renewal.
Sec. 2402.006. DISCIPLINARY ACTION. (a) The board may
deny, suspend, revoke, or reinstate a certification issued under
this chapter.
(b) The board by rule shall establish the grounds for
denial, suspension, revocation, or reinstatement of a
certification issued under this chapter and the procedures for
disciplinary action.
(c) Rules established under Subsection (b) must provide for
the denial, suspension, or revocation of a certification for a
conviction arising from the driving of a motor vehicle, other than a
parking, vehicle weight, or vehicle defect violation, for:
(1) excessive speeding, involving a single charge of
driving 15 miles per hour or more above the posted speed limit;
(2) reckless driving, as defined by state or local
law;
(3) 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;
(4) improper or erratic traffic lane change;
(5) following the vehicle ahead too closely;
(6) operating a vehicle without the proper license or
certification; or
(7) driving a motor vehicle under the influence of
alcohol or a controlled substance, including a violation of Section
49.04 or 49.07, Penal Code.
(d) A rule adopted under Subsection (b) regarding
procedures for disciplinary action may not conflict with a rule
adopted by the State Office of Administrative Hearings.
(e) A proceeding under this section is subject to Chapter
2001, Government Code.
(f) A person whose certification is revoked may not apply
for a new certification before the first anniversary of the date of
the revocation.
SECTION 2. The board of the Texas Department of Motor
Vehicles shall adopt the rules and fees necessary to implement
Chapter 2402, Occupations Code, as added by this Act, not later than
August 31, 2014.
SECTION 3. Notwithstanding Chapter 2402, Occupations Code,
as added by this Act, an individual acting as an escort flag vehicle
pilot is not required to hold a certification under that chapter to
act as an escort flag vehicle pilot before September 1, 2014.
SECTION 4. This Act takes effect September 1, 2013.