Texas 2013 - 83rd Regular

Texas Senate Bill SB1664 Compare Versions

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1	1	83R28357 AJZ-F
2	2	By: Nichols S.B. No. 1664
3	3	(Pickett)
4	4	Substitute the following for S.B. No. 1664: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to commercial driver's licenses and commercial learner's
10	10	permits and the operation of commercial motor vehicles; creating an
11	11	offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 522.003, Transportation Code, is amended
14	14	by amending Subdivisions (4), (12), (22), (23), and (25) and adding
15	15	Subdivisions (22-a) and (23-a) to read as follows:
16	16	(4) "Commercial [driver] learner's permit" means a
17	17	permit [commercial driver's license] that restricts the holder to
18	18	driving a commercial motor vehicle as provided by Section
19	19	522.011(a)(2)(B).
20	20	(12) "Driver's license" has the meaning assigned by
21	21	Section 521.001, except the term does not include a commercial
22	22	learner's permit unless otherwise provided by this chapter.
23	23	(22) "Non-domiciled [Nonresident] commercial driver's
24	24	license" means a commercial driver's license issued by a state to an
25	25	individual who is domiciled [resides] in a foreign jurisdiction.
26	26	(22-a) "Non-domiciled commercial learner's permit"
27	27	means a commercial learner's permit issued by a state to an
28	28	individual who is domiciled in a foreign jurisdiction.
29	29	(23) "Out-of-service order" means:
30	30	(A) a temporary prohibition against driving a
31	31	commercial motor vehicle issued under Section 522.101, the law of
32	32	another state, [or] 49 C.F.R. Section 383.5, 386.72, 392.5, 392.9a,
33	33	395.13, or 396.9, a law compatible with those federal regulations,
34	34	or the North American Uniform Out-of-Service Criteria; or
35	35	(B) a declaration by the Federal Motor Carrier
36	36	Safety Administration or an authorized enforcement officer of a
37	37	state or local jurisdiction that a driver, commercial motor
38	38	vehicle, or motor carrier operation is out of service under 49
39	39	C.F.R. Section 383.5, 386.72, 392.5, 392.9a, 395.13, or 396.9, a
40	40	law compatible with those federal regulations, or the North
41	41	American Uniform Out-of-Service Criteria.
42	42	(23-a) "Person" includes the United States, a state,
43	43	or a political subdivision of a state.
44	44	(25) "Serious traffic violation" means:
45	45	(A) a conviction arising from the driving of a
46	46	motor vehicle, other than a parking, vehicle weight, or vehicle
47	47	defect violation, for:
48	48	(i) excessive speeding, involving a single
49	49	charge of driving 15 miles per hour or more above the posted speed
50	50	limit;
51	51	(ii) reckless driving, as defined by state
52	52	or local law;
53	53	(iii) a violation of a state or local law
54	54	related to motor vehicle traffic control, including a law
55	55	regulating the operation of vehicles on highways, arising in
56	56	connection with a fatal accident;
57	57	(iv) improper or erratic traffic lane
58	58	change;
59	59	(v) following the vehicle ahead too
60	60	closely; [or]
61	61	(vi) a violation of Sections 522.011 or
62	62	522.042; or
63	63	(vii) a violation of a state or local law or
64	64	ordinance prohibiting texting while driving or restricting or
65	65	prohibiting the use of a wireless communication device while
66	66	operating a commercial motor vehicle; or
67	67	(B) a violation of Section 522.015.
68	68	SECTION 2. Section 522.011, Transportation Code, is
69	69	amended by amending Subsection (a) and adding Subsections (e) and
70	70	(f) to read as follows:
71	71	(a) A person may not drive a commercial motor vehicle
72	72	unless:
73	73	(1) the person:
74	74	(A) has in the person's immediate possession a
75	75	commercial driver's license issued by the department appropriate
76	76	for the class of vehicle being driven; and
77	77	(B) is not disqualified or subject to an
78	78	out-of-service order;
79	79	(2) the person:
80	80	(A) has in the person's immediate possession a
81	81	commercial [driver] learner's permit and driver's license issued by
82	82	the department; and
83	83	(B) is accompanied by the holder of a commercial
84	84	driver's license issued by the department with any necessary
85	85	endorsements appropriate for the class of vehicle being driven, and
86	86	the license holder:
87	87	(i) for the purpose of giving instruction
88	88	in driving the vehicle, at all times occupies a seat beside the
89	89	permit holder or, in the case of a passenger vehicle, directly
90	90	behind the driver in a location that allows for direct observation
91	91	and supervision of the permit holder [for the purpose of giving
92	92	instruction in driving the vehicle]; and
93	93	(ii) is not disqualified or subject to an
94	94	out-of-service order; or
95	95	(3) the person is authorized to drive the vehicle
96	96	under Section 522.015.
97	97	(e) It is a defense to prosecution for a violation of
98	98	Subsection (a)(2)(A) if the person charged produces in court a
99	99	commercial learner's permit or driver's license, as appropriate,
100	100	that:
101	101	(1) was issued to the person; and
102	102	(2) was valid when the offense was committed.
103	103	(f) The court may assess a defendant an administrative fee
104	104	not to exceed $10 if a charge under this section is dismissed
105	105	because of the defense listed under Subsection (e).
106	106	SECTION 3. Section 522.013, Transportation Code, is amended
107	107	to read as follows:
108	108	Sec. 522.013. NON-DOMICILED [NONRESIDENT] LICENSE OR
109	109	PERMIT. (a) The department may issue a non-domiciled
110	110	[nonresident] commercial driver's license or commercial learner's
111	111	permit to a person domiciled in [resident of] a foreign
112	112	jurisdiction if the secretary has determined that the commercial
113	113	motor vehicle testing and licensing standards in the foreign
114	114	jurisdiction do not meet the testing standards established by 49
115	115	C.F.R. Part 383.
116	116	(b) An applicant for a non-domiciled commercial driver's
117	117	license must surrender any non-domiciled [nonresident] commercial
118	118	driver's license issued by another state.
119	119	(c) Before issuing a non-domiciled [nonresident] commercial
120	120	driver's license, the department must establish the practical
121	121	capability of disqualifying the person under the conditions
122	122	applicable to a commercial driver's license issued to a resident of
123	123	this state. Before issuing a non-domiciled commercial learner's
124	124	permit, the department must establish the practical capability of
125	125	disqualifying the person under the conditions applicable to a
126	126	commercial learner's permit issued to a resident of this state.
127	127	(d) "Non-domiciled" ["Nonresident"] must appear on the face
128	128	of a license or permit issued under this section.
129	129	(e) The department may issue a temporary non-domiciled
130	130	[nonresident] commercial driver's license to a person who does not
131	131	present a social security card as required by Section
132	132	522.021(a-1)(1) but who otherwise meets the requirements for a
133	133	non-domiciled [nonresident] commercial driver's license, including
134	134	the requirement that the commercial motor vehicle testing and
135	135	licensing standards of the country of which the applicant is
136	136	domiciled [a resident] not meet the testing and licensing standards
137	137	established by 49 C.F.R. Part 383. A license issued under this
138	138	subsection:
139	139	(1) expires on the earlier of:
140	140	(A) the 60th day after the date the license is
141	141	issued; or
142	142	(B) [the expiration date of the visa presented
143	143	under Section 522.021(a-1)(2)(B); or
144	144	[(C)] the expiration date of the Form I-94
145	145	Arrival/Departure record, or a successor document, presented under
146	146	Section 522.021(a-1)(2)(A) [522.021(a-1)(2)(C)]; and
147	147	(2) may not be renewed.
148	148	(f) The department may not issue more than one temporary
149	149	non-domiciled [nonresident] commercial driver's license to a
150	150	person.
151	151	SECTION 4. Section 522.014, Transportation Code, is amended
152	152	to read as follows:
153	153	Sec. 522.014. PERMIT. (a) The department may issue a
154	154	commercial [driver] learner's permit to an individual who:
155	155	(1) has been issued a driver's license by the
156	156	department; and
157	157	(2) has passed the vision and written tests required
158	158	for [a Texas driver's license appropriate for] the class of vehicle
159	159	to be driven.
160	160	(b) A commercial learner's permit must be a separate
161	161	document from a driver's license or a commercial driver's license.
162	162	(c) The issuance of a commercial learner's permit is
163	163	required for:
164	164	(1) the initial issuance of a commercial driver's
165	165	license; or
166	166	(2) the upgrade in classification of a commercial
167	167	driver's license that requires a skills test.
168	168	(d) A commercial learner's permit holder may not take a
169	169	commercial driver's license skills test before the 15th day after
170	170	the date of the issuance of the permit.
171	171	SECTION 5. Section 522.015, Transportation Code, is amended
172	172	to read as follows:
173	173	Sec. 522.015. LICENSE OR PERMIT ISSUED BY OTHER
174	174	JURISDICTION. A person may drive a commercial motor vehicle in this
175	175	state if:
176	176	(1) the person has a commercial driver's license or a
177	177	commercial [driver] learner's permit issued by:
178	178	(A) another state in accordance with the minimum
179	179	federal standards for the issuance of a commercial motor vehicle
180	180	driver's license; or
181	181	(B) a foreign jurisdiction the testing and
182	182	licensing standards of which the United States Department of
183	183	Transportation has determined meet the requirements of the federal
184	184	act;
185	185	(2) the person's license or permit is appropriate for
186	186	the class of vehicle being driven;
187	187	(3) the person is not disqualified from driving a
188	188	commercial motor vehicle and is not subject to an out-of-service
189	189	order; [and]
190	190	(4) the person has not had a domicile in this state for
191	191	more than 30 days; and
192	192	(5) if the person has a permit, the person also has a
193	193	driver's license issued by the same jurisdiction that issued the
194	194	permit.
195	195	SECTION 6. Sections 522.021(a), (a-1), and (d),
196	196	Transportation Code, are amended to read as follows:
197	197	(a) An application for a commercial driver's license or
198	198	commercial [driver] learner's permit must include:
199	199	(1) the full name and current residence and mailing
200	200	address of the applicant;
201	201	(2) a physical description of the applicant, including
202	202	sex, height, and eye color;
203	203	(3) the applicant's date of birth;
204	204	(4) the applicant's social security number, unless the
205	205	application is for a non-domiciled [nonresident] commercial
206	206	driver's license and the applicant is domiciled in [a resident of] a
207	207	foreign jurisdiction;
208	208	(5) certifications, including those required by 49
209	209	C.F.R. Section 383.71(a); and
210	210	(6) any other information required by the department.
211	211	(a-1) If the application is for a non-domiciled
212	212	[nonresident] commercial driver's license and the applicant is
213	213	domiciled in [a resident of] a foreign jurisdiction that does not
214	214	meet the testing and licensing standards established by 49 C.F.R.
215	215	Part 383, the applicant must present:
216	216	(1) a social security card issued to the applicant;
217	217	[and]
218	218	(2) either [each of the following]:
219	219	(A) an unexpired foreign [a] passport issued to
220	220	the applicant and a Form I-94 Arrival/Departure record or a
221	221	successor document [by the country of which the applicant is a
222	222	resident]; or
223	223	(B) an unexpired employment authorization
224	224	document [a Temporary Worker visa]; and
225	225	(3) documentation demonstrating proof of Texas
226	226	residence as provided by Section 522.0225 [(C) a Form I-94
227	227	Arrival/Departure record or a successor document].
228	228	(d) A person who knowingly falsifies information or a
229	229	certification required by Subsection (a) commits an offense and is
230	230	subject to a 60-day disqualification [cancellation] of the person's
231	231	commercial driver's license, commercial [driver] learner's permit,
232	232	or application. An offense under this subsection is a Class C
233	233	misdemeanor.
234	234	SECTION 7. Section 522.022, Transportation Code, is amended
235	235	to read as follows:
236	236	Sec. 522.022. LICENSE REQUIREMENTS. The department may not
237	237	issue a commercial driver's license other than a non-domiciled
238	238	[nonresident] license to a person unless the person:
239	239	(1) has a domicile in this state;
240	240	(2) has passed knowledge and skills tests for driving
241	241	a commercial motor vehicle that comply with minimal federal
242	242	standards established by 49 C.F.R. Part 383, Subparts G and H; and
243	243	(3) has satisfied the requirements imposed by the
244	244	federal act, federal regulation, or state law.
245	245	SECTION 8. Section 522.023, Transportation Code, is amended
246	246	by adding Subsection (j) to read as follows:
247	247	(j) The department may administer a skills test to a person
248	248	who holds a commercial learner's permit issued by another state or
249	249	jurisdiction.
250	250	SECTION 9. Section 522.025, Transportation Code, is amended
251	251	to read as follows:
252	252	Sec. 522.025. LIMITATIONS ON ISSUANCE OF LICENSE OR PERMIT.
253	253	(a) The department may not issue a commercial driver's license or
254	254	commercial [driver] learner's permit to a person who is
255	255	disqualified from driving a commercial motor vehicle or while the
256	256	person's driver's license or driving privilege is suspended,
257	257	revoked, or canceled in any state.
258	258	(b) The department may not issue a commercial driver's
259	259	license to a person who has a driver's license, commercial driver's
260	260	license, or commercial [driver] learner's permit issued by another
261	261	state unless the person surrenders the license or permit. The
262	262	department shall notify [return a surrendered license or permit to]
263	263	the issuing state of the surrendered license or permit [for
264	264	cancellation].
265	265	SECTION 10. Section 522.027, Transportation Code, is
266	266	amended to read as follows:
267	267	Sec. 522.027. MINIMUM AGE. The department may not issue a
268	268	commercial driver's license or a commercial [driver] learner's
269	269	permit to a person who is younger than 18 years of age.
270	270	SECTION 11. Section 522.028, Transportation Code, is
271	271	amended to read as follows:
272	272	Sec. 522.028. CHECK OF DRIVING RECORD. Before issuing a
273	273	commercial driver's license or commercial learner's permit, the
274	274	department shall check the applicant's driving record as required
275	275	by 49 C.F.R. Section 383.73.
276	276	SECTION 12. Section 522.029, Transportation Code, is
277	277	amended by amending Subsections (a), (b), (c), (h), (j), and (k) and
278	278	adding Subsections (h-1) and (l) to read as follows:
279	279	(a) The fee for a commercial driver's license [or commercial
280	280	driver learner's permit] issued by the department is $60, except as
281	281	provided by Subsections (f), (h), (j), and (k).
282	282	(b) The fee for a commercial driver's license [or commercial
283	283	driver learner's permit] shall be reduced by $4 for each remaining
284	284	year of validity of a driver's license, other than a commercial
285	285	driver's license [or commercial driver learner's permit] issued by
286	286	the department to the applicant.
287	287	(c) The fee for a duplicate commercial driver's license or
288	288	commercial [driver] learner's permit is $10.
289	289	(h) The fee for a commercial driver's license [or commercial
290	290	driver learner's permit] issued under Section 522.033 is $20.
291	291	(h-1) The fee for the issuance or renewal of a commercial
292	292	learner's permit is $24.
293	293	(j) The fee for issuance or renewal of a commercial driver's
294	294	license [or commercial driver learner's permit] is $25 for a
295	295	license with an expiration date established under Section 522.054.
296	296	(k) The fee for a non-domiciled [nonresident] commercial
297	297	driver's license or a non-domiciled commercial learner's permit is
298	298	$120. The fee for a temporary non-domiciled [nonresident]
299	299	commercial driver's license is $20.
300	300	(l) The fee for the administration of a skills test to a
301	301	person who is not domiciled in this state is $60.
302	302	SECTION 13. Section 522.029(f), Transportation Code, as
303	303	added by Chapter 1372 (H.B. 1200), Acts of the 75th Legislature,
304	304	Regular Session, 1997, is amended to read as follows:
305	305	(f) If a commercial driver's license [or commercial driver
306	306	learner's permit] includes an authorization to operate a motorcycle
307	307	or moped, the fee for the driver's license [or permit] is increased
308	308	by $8.
309	309	SECTION 14. Section 522.030(a), Transportation Code, is
310	310	amended to read as follows:
311	311	(a) A commercial driver's license or commercial learner's
312	312	permit must:
313	313	(1) be marked:
314	314	(A) "Commercial Driver License" or "CDL" for a
315	315	commercial driver's license; or
316	316	(B) "Commercial Learner's Permit" or "CLP" for a
317	317	commercial learner's permit;
318	318	(2) be, to the extent practicable, tamper-proof; and
319	319	(3) include:
320	320	(A) the name and domicile [mailing] address of
321	321	the person to whom it is issued;
322	322	(B) the person's [color] photograph;
323	323	(C) a physical description of the person,
324	324	including sex, height, and eye color;
325	325	(D) the person's date of birth;
326	326	(E) a number or identifier the department
327	327	considers appropriate;
328	328	(F) the person's signature;
329	329	(G) each class of commercial motor vehicle that
330	330	the person is authorized to drive, with any endorsements or
331	331	restrictions;
332	332	(H) the name of this state; and
333	333	(I) the dates between which the license is valid.
334	334	SECTION 15. Sections 522.032(a) and (b), Transportation
335	335	Code, are amended to read as follows:
336	336	(a) The holder of a commercial driver's license or
337	337	commercial [driver] learner's permit who changes the holder's name
338	338	or mailing address must apply for a duplicate license or permit not
339	339	later than the 30th day after the date of the change in the manner
340	340	provided by Section 521.054.
341	341	(b) The holder of a commercial driver's license or
342	342	commercial [driver] learner's permit who changes the holder's
343	343	residence address shall notify the department not later than the
344	344	30th day after the date of the change.
345	345	SECTION 16. Section 522.033, Transportation Code, is
346	346	amended to read as follows:
347	347	Sec. 522.033. COMMERCIAL DRIVER'S LICENSE ISSUED TO CERTAIN
348	348	SEX OFFENDERS. (a) The department may issue an original or renewal
349	349	commercial driver's license or commercial [driver] learner's permit
350	350	to a person whose driver's license or personal identification
351	351	certificate record indicates that the person is subject to the
352	352	registration requirements of Chapter 62, Code of Criminal
353	353	Procedure, only if the person is otherwise eligible for the
354	354	commercial driver's license or commercial [driver] learner's permit
355	355	and:
356	356	(1) applies in person for the issuance of a license or
357	357	permit under this section; and
358	358	(2) pays a fee of:
359	359	(A) $20 for a commercial driver's license; or
360	360	(B) $24 for a commercial learner's permit.
361	361	(b) Notwithstanding Sections 522.013 and [Section] 522.051,
362	362	a commercial driver's license [or commercial driver learner's
363	363	permit] issued under this section, including a renewal, duplicate,
364	364	or corrected license, expires[:
365	365	[(1) if the license or permit holder is a citizen,
366	366	national, or legal permanent resident of the United States or a
367	367	refugee or asylee lawfully admitted into the United States,] on the
368	368	first birthday of the license holder occurring after the date of
369	369	application, except that the initial license issued under this
370	370	section expires on the second birthday of the license holder
371	371	occurring after the date of application[; or
372	372	[(2) if the applicant is not described by Subdivision
373	373	(1), on the earlier of:
374	374	[(A) the expiration date of the applicant's
375	375	authorized stay in the United States; or
376	376	[(B) the first birthday of the license holder
377	377	occurring after the date of application, except that the initial
378	378	license issued under this section expires on the second birthday of
379	379	the license holder occurring after the date of application].
380	380	SECTION 17. Sections 522.034(a) and (b), Transportation
381	381	Code, are amended to read as follows:
382	382	(a) An applicant for an original commercial driver's
383	383	license [or commercial driver learner's permit] that includes an
384	384	authorization to operate a motorcycle must furnish to the
385	385	department evidence satisfactory to the department that the
386	386	applicant has successfully completed a basic motorcycle operator
387	387	training course approved by the department under Chapter 662.
388	388	(b) The department may not issue an original commercial
389	389	driver's license [or commercial driver learner's permit] that
390	390	includes an authorization to operate a motorcycle to an applicant
391	391	who fails to comply with Subsection (a).
392	392	SECTION 18. Sections 522.041(a) and (e), Transportation
393	393	Code, are amended to read as follows:
394	394	(a) The department may issue a Class A, Class B, or Class C
395	395	commercial driver's license or commercial learner's permit.
396	396	(e) The holder of a commercial driver's license or
397	397	commercial learner's permit may drive any vehicle in the class for
398	398	which the license or permit is issued and lesser classes of vehicles
399	399	except a motorcycle or moped. The holder may drive a motorcycle
400	400	only if authorization to drive a motorcycle is shown on the
401	401	commercial driver's license and the requirements for issuance of a
402	402	motorcycle license have been met.
403	403	SECTION 19. Section 522.042, Transportation Code, is
404	404	amended by amending Subsections (b) and (c) and adding Subsections
405	405	(d), (e), and (f) to read as follows:
406	406	(b) The department may issue a commercial learner's permit
407	407	with endorsements authorizing the driving of a passenger vehicle, a
408	408	school bus, or a tank vehicle.
409	409	(c) An endorsement under Subsection (b) for a passenger
410	410	vehicle or a school bus allows a permit holder to operate a vehicle
411	411	with only the following passengers:
412	412	(1) federal or state auditors and inspectors, test
413	413	examiners, or other permit holders; and
414	414	(2) the commercial driver's license holder required
415	415	under Section 522.011(a)(2)(B).
416	416	(d) An endorsement under Subsection (b) for a tank vehicle
417	417	allows a permit holder to operate only an empty tank vehicle that
418	418	has been purged of any hazardous materials.
419	419	(e) The holder of a commercial driver's license or
420	420	commercial learner's permit may not drive a vehicle that requires
421	421	an endorsement unless the proper endorsement appears on the license
422	422	or permit.
423	423	(f) [(c)] A person commits an offense if the person violates
424	424	Subsection (c), (d), or (e) [(b)]. An offense under this section is
425	425	a Class C misdemeanor.
426	426	SECTION 20. Section 522.051, Transportation Code, is
427	427	amended by amending Subsections (a), (b), (c), (d), and (f) and
428	428	adding Subsection (h) to read as follows:
429	429	(a) Except as provided by Subsection (f) and Sections
430	430	522.013(e), 522.033, and 522.054, an original commercial driver's
431	431	license [or commercial driver learner's permit] expires five years
432	432	after the applicant's next birthday.
433	433	(b) Except as provided by Section 522.054, a commercial
434	434	driver's license [or commercial driver learner's permit] issued to
435	435	a person holding a Texas Class A, B, C, or M license that would
436	436	expire one year or more after the date of issuance of the commercial
437	437	driver's license [or commercial driver learner's permit] expires
438	438	five years after the applicant's next birthday.
439	439	(c) Except as provided by Section 522.054, a commercial
440	440	driver's license [or commercial driver learner's permit] issued to
441	441	a person holding a Texas Class A, B, C, or M license that would
442	442	expire less than one year after the date of issuance of the
443	443	commercial driver's license [or commercial driver learner's permit]
444	444	or that has been expired for less than one year expires five years
445	445	after the expiration date shown on the Class A, B, C, or M license.
446	446	(d) Except as provided by Section 522.054, a commercial
447	447	driver's license [or commercial driver learner's permit] issued to
448	448	a person holding a Texas Class A, B, C, or M license that has been
449	449	expired for at least one year but not more than two years expires
450	450	five years after the applicant's last birthday.
451	451	(f) Except as provided by Section 522.013, a non-domiciled
452	452	[nonresident] commercial driver's license other than a temporary
453	453	non-domiciled [nonresident] commercial driver's license under
454	454	Section 522.013(e) expires on [the earlier of]:
455	455	(1) the earlier of:
456	456	(A) the first birthday of the license holder
457	457	occurring after the fifth anniversary of the date of the
458	458	application; or
459	459	(B) the expiration date of the license holder's
460	460	lawful presence in the United States as determined by the
461	461	appropriate United States agency in compliance with federal law
462	462	[the expiration date of the visa presented under Section
463	463	522.021(a-1)(2)(B)]; or
464	464	(2) the first anniversary of the date of issuance, if
465	465	there is no definitive expiration date for the applicant's
466	466	authorized stay in the United States [expiration date of the Form
467	467	I-94 Arrival/Departure record, or a successor document, presented
468	468	under Section 522.021(a-1)(2)(C)].
469	469	(h) A commercial learner's permit expires on the earlier of:
470	470	(1) the expiration date of the driver's license or
471	471	commercial driver's license; or
472	472	(2) the 181st day after the date of issuance.
473	473	SECTION 21. Section 522.052(e), Transportation Code, is
474	474	amended to read as follows:
475	475	(e) A commercial driver learner's permit may [not] be
476	476	renewed once for an additional 180 days without requiring the
477	477	applicant to retake the general and endorsement knowledge tests.
478	478	SECTION 22. Section 522.054(a), Transportation Code, is
479	479	amended to read as follows:
480	480	(a) Each original commercial driver's license [and
481	481	commercial driver learner's permit] of a person 85 years of age or
482	482	older expires on the license holder's second birthday after the
483	483	date of the license application.
484	484	SECTION 23. Section 522.0541, Transportation Code, is
485	485	amended to read as follows:
486	486	Sec. 522.0541. DENIAL OF RENEWAL OF COMMERCIAL DRIVER
487	487	LICENSE OR LEARNER PERMIT. (a) In the manner ordered by a court in
488	488	another state in connection with a matter involving the violation
489	489	of a state law or local ordinance relating to motor vehicle traffic
490	490	control and on receipt of the necessary information from the other
491	491	state, the department may deny renewal of the commercial driver's
492	492	license or commercial learner's permit issued to a person by the
493	493	department for the person's:
494	494	(1) failure to appear in connection with a complaint
495	495	or citation; [or]
496	496	(2) failure to pay or satisfy a judgment ordering the
497	497	payment of a fine and costs; or
498	498	(3) failure to answer a citation or to pay fines,
499	499	penalties, or costs related to the original violation.
500	500	(b) The information necessary under Subsection (a) may be
501	501	transmitted through the commercial driver's license information
502	502	system and must include:
503	503	(1) the name, date of birth, and the commercial
504	504	driver's license number of the license held by the person;
505	505	(2) notice that the person failed to appear as
506	506	required by law or failed to satisfy a judgment that ordered the
507	507	payment of a fine and costs in the manner ordered by the court;
508	508	(3) the nature of the violation; and
509	509	(4) any other information required by the department.
510	510	(c) The department shall apply any notification received
511	511	under Subsection (a) as a conviction to the person's driving
512	512	record.
513	513	SECTION 24. Section 522.055, Transportation Code, is
514	514	amended to read as follows:
515	515	Sec. 522.055. CLEARANCE NOTICE TO DEPARTMENT. On receipt
516	516	of notice from the other state that the grounds for denial of the
517	517	renewal of the commercial driver's license or commercial learner's
518	518	permit based on the [license] holder's previous failure to appear
519	519	or failure to pay a fine and costs previously reported by that state
520	520	under Section 522.0541 have ceased to exist, the department shall
521	521	renew the person's commercial driver's license or commercial
522	522	learner's permit.
523	523	SECTION 25. Sections 522.061(a), (b), and (c),
524	524	Transportation Code, are amended to read as follows:
525	525	(a) A person who holds or is required to hold a commercial
526	526	driver's license or a commercial learner's permit under this
527	527	chapter and who is convicted in another state of violating a state
528	528	law or local ordinance relating to motor vehicle traffic control
529	529	shall notify the department in the manner specified by the
530	530	department not later than the seventh day after the date of
531	531	conviction.
532	532	(b) A person who holds or is required to hold a commercial
533	533	driver's license or commercial learner's permit under this chapter
534	534	and who is convicted in this state or another state of violating a
535	535	state law or local ordinance relating to motor vehicle traffic
536	536	control, including a law regulating the operation of vehicles on
537	537	highways, shall notify the person's employer in writing of the
538	538	conviction not later than the seventh day after the date of
539	539	conviction.
540	540	(c) A notification to the department or an employer must be
541	541	in writing and must contain:
542	542	(1) the driver's full name;
543	543	(2) the driver's license or permit number;
544	544	(3) the date of conviction;
545	545	(4) the nature of the violation;
546	546	(5) a notation of whether the violation was committed
547	547	in a commercial motor vehicle;
548	548	(6) the location where the offense was committed; and
549	549	(7) the driver's signature.
550	550	SECTION 26. Section 522.062(a), Transportation Code, is
551	551	amended to read as follows:
552	552	(a) If a person holds a driver's license, commercial
553	553	driver's license, or commercial learner's permit issued by another
554	554	state and is finally convicted of a violation of a state traffic law
555	555	or local traffic ordinance that was committed in a commercial motor
556	556	vehicle, the department shall notify the driver's licensing
557	557	authority in the issuing state of that conviction, in the time and
558	558	manner required by 49 U.S.C. Section 31311.
559	559	SECTION 27. Section 522.071(a), Transportation Code, as
560	560	amended by Chapters 424 (S.B. 1372) and 499 (S.B. 333), Acts of the
561	561	80th Legislature, Regular Session, 2007, is reenacted and amended
562	562	to read as follows:
563	563	(a) A person commits an offense if the person drives a
564	564	commercial motor vehicle on a highway:
565	565	(1) after the person has been denied the issuance of a
566	566	license or permit, unless the person has a driver's license
567	567	appropriate for the class of vehicle being driven that was
568	568	subsequently issued;
569	569	(2) during a period that a disqualification of the
570	570	person's driver's license, permit, or privilege is in effect;
571	571	(3) while the person's driver's license or permit is
572	572	expired, if the license or permit expired during a period of
573	573	disqualification;
574	574	(4) during a period that the person was subject to an
575	575	order prohibiting the person from obtaining a driver's license or
576	576	permit; or
577	577	(5) during a period in which the person, the person's
578	578	employer, or the vehicle being operated is subject to an
579	579	out-of-service order.
580	580	SECTION 28. Section 522.071(b), Transportation Code, is
581	581	amended to read as follows:
582	582	(b) It is not a defense to prosecution that the person had
583	583	not received notice of a disqualification imposed as a result of a
584	584	conviction that results in an automatic disqualification of the
585	585	person's driver's license, permit, or privilege.
586	586	SECTION 29. Sections 522.081(a), (b), (e), and (g),
587	587	Transportation Code, are amended to read as follows:
588	588	(a) This subsection applies to a violation committed while
589	589	operating any motor vehicle, including a commercial motor vehicle.
590	590	A person who holds a commercial driver's license or commercial
591	591	learner's permit is disqualified from driving a commercial motor
592	592	vehicle for:
593	593	(1) 60 days if convicted of:
594	594	(A) two serious traffic violations that occur
595	595	within a three-year period; or
596	596	(B) one violation of a law that regulates the
597	597	operation of a motor vehicle at a railroad grade crossing; or
598	598	(2) 120 days if convicted of:
599	599	(A) three serious traffic violations arising
600	600	from separate incidents occurring within a three-year period; or
601	601	(B) two violations of a law that regulates the
602	602	operation of a motor vehicle at a railroad grade crossing that occur
603	603	within a three-year period.
604	604	(b) Except as provided by this subsection, this [This]
605	605	subsection applies to a violation committed while operating any
606	606	type of motor vehicle, including a commercial motor vehicle[,
607	607	except as provided by this subsection]. A person who holds a
608	608	commercial driver's license or commercial learner's permit is
609	609	disqualified from driving a commercial motor vehicle for one year:
610	610	(1) if convicted of three violations of a law that
611	611	regulates the operation of a motor vehicle at a railroad grade
612	612	crossing that occur within a three-year period;
613	613	(2) on first conviction of:
614	614	(A) driving a motor vehicle under the influence
615	615	of alcohol or a controlled substance, including a violation of
616	616	Section 49.04, 49.045, or 49.07, Penal Code;
617	617	(B) leaving the scene of an accident involving a
618	618	motor vehicle driven by the person;
619	619	(C) using a motor vehicle in the commission of a
620	620	felony, other than a felony described by Subsection (d)(2);
621	621	(D) causing the death of another person through
622	622	the negligent or criminal operation of a motor vehicle; or
623	623	(E) driving a commercial motor vehicle while the
624	624	person's commercial driver's license or commercial learner's permit
625	625	is revoked, suspended, or canceled, or while the person is
626	626	disqualified from driving a commercial motor vehicle, for an action
627	627	or conduct that occurred while operating a commercial motor
628	628	vehicle;
629	629	(3) for refusing to submit to a test under Chapter 724
630	630	to determine the person's alcohol concentration or the presence in
631	631	the person's body of a controlled substance or drug while operating
632	632	a motor vehicle in a public place; or
633	633	(4) if an analysis of the person's blood, breath, or
634	634	urine under Chapter 522, 524, or 724 determines that the person:
635	635	(A) had an alcohol concentration of 0.04 or more,
636	636	or that a controlled substance or drug was present in the person's
637	637	body, while operating a commercial motor vehicle in a public place;
638	638	or
639	639	(B) had an alcohol concentration of 0.08 or more
640	640	while operating a motor vehicle, other than a commercial motor
641	641	vehicle, in a public place.
642	642	(e) A person may not be issued a commercial driver's license
643	643	or a commercial learner's permit and is disqualified from operating
644	644	a commercial motor vehicle if, in connection with the person's
645	645	operation of a commercial motor vehicle, the person commits an
646	646	offense or engages in conduct that would disqualify the holder of a
647	647	commercial driver's license from operating a commercial motor
648	648	vehicle, or is determined to have had an alcohol concentration of
649	649	0.04 or more or to have had a controlled substance or drug present
650	650	in the person's body. The period of prohibition under this
651	651	subsection is equal to the appropriate period of disqualification
652	652	required by Subsections (a)-(d).
653	653	(g) A person who holds a commercial driver's license or
654	654	commercial learner's permit is disqualified from operating a
655	655	commercial motor vehicle if the person's driving is determined to
656	656	constitute an imminent hazard under 49 C.F.R. Section 383.52. The
657	657	disqualification is for the disqualification period imposed under
658	658	that section and shall be noted on the person's driving record.
659	659	SECTION 30. Section 522.084, Transportation Code, is
660	660	amended to read as follows:
661	661	Sec. 522.084. NOTIFICATION TO OTHER JURISDICTION. After
662	662	disqualifying a person who has a domicile in another state or in a
663	663	foreign jurisdiction, the department shall give notice of that fact
664	664	to the licensing authority of the state that issued the person's
665	665	driver's license, commercial driver's license, or commercial
666	666	[driver] learner's permit.
667	667	SECTION 31. Section 522.087, Transportation Code, is
668	668	amended by adding Subsection (d) to read as follows:
669	669	(d) A disqualification imposed under Section
670	670	522.081(a)(1)(B) or 522.081(b)(2) or (d)(2) takes effect on the
671	671	10th day after the date the department issues the order of
672	672	disqualification.
673	673	SECTION 32. Section 522.089, Transportation Code, is
674	674	amended to read as follows:
675	675	Sec. 522.089. EFFECT OF SUSPENSION, REVOCATION,
676	676	CANCELLATION, OR DENIAL OF LICENSE OR PERMIT UNDER OTHER LAW. (a)
677	677	A suspension, revocation, cancellation, or denial of a driver's
678	678	license, permit, or privilege under Chapter 521 or another law of
679	679	this state disqualifies the person under this chapter.
680	680	(b) If the department disqualifies a person under this
681	681	chapter [disqualifies a person] for a longer period than the other
682	682	law, the person is disqualified for the longer period.
683	683	SECTION 33. Effective January 30, 2014, Subchapter H,
684	684	Chapter 522, Transportation Code, is amended by adding Section
685	685	522.093 to read as follows:
686	686	Sec. 522.093. SELF-CERTIFICATION OF MEDICAL STATUS. The
687	687	department shall remove the commercial driver's license privilege
688	688	from the holder of a commercial driver's license or a commercial
689	689	learner's permit if the holder:
690	690	(1) fails to provide the department a
691	691	self-certification of operating status; or
692	692	(2) fails to provide and maintain with the department
693	693	a current medical examiner's certificate that is required based on
694	694	the self-certification.
695	695	SECTION 34. Section 522.105(a), Transportation Code, is
696	696	amended to read as follows:
697	697	(a) On receipt of a report under Section 522.104, the
698	698	department shall disqualify the person from driving a commercial
699	699	motor vehicle under Section 522.081 beginning on the 45th day after
700	700	the date the report is received unless a hearing is granted.
701	701	SECTION 35. Section 524.001(10), Transportation Code, is
702	702	amended to read as follows:
703	703	(10) "Driver's license" has the meaning assigned by
704	704	Section 521.001. The term includes a commercial driver's license
705	705	or a commercial [driver] learner's permit issued under Chapter 522.
706	706	SECTION 36. Section 543.007, Transportation Code, is
707	707	amended to read as follows:
708	708	Sec. 543.007. NOTICE TO APPEAR: COMMERCIAL VEHICLE OR
709	709	LICENSE. A notice to appear issued to the operator of a commercial
710	710	motor vehicle or holder of a commercial driver's license or
711	711	commercial [driver] learner's permit, for the violation of a law
712	712	regulating the operation of vehicles on highways, must contain the
713	713	information required by department rule, to comply with Chapter 522
714	714	and the federal Commercial Motor Vehicle Safety Act of 1986 (Title
715	715	49, U.S.C. Section 2701 et seq.).
716	716	SECTION 37. Section 543.202(b), Transportation Code, is
717	717	amended to read as follows:
718	718	(b) The record must be made on a form or by a data processing
719	719	method acceptable to the department and must include:
720	720	(1) the name, address, physical description,
721	721	including race or ethnicity, date of birth, and driver's license
722	722	number of the person charged;
723	723	(2) the registration number of the vehicle involved;
724	724	(3) whether the vehicle was a commercial motor vehicle
725	725	as defined by Chapter 522 or was involved in transporting hazardous
726	726	materials;
727	727	(4) the person's social security number, if the person
728	728	was operating a commercial motor vehicle or was the holder of a
729	729	commercial driver's license or commercial [driver] learner's
730	730	permit;
731	731	(5) the date and nature of the offense, including
732	732	whether the offense was a serious traffic violation as defined by
733	733	Chapter 522;
734	734	(6) whether a search of the vehicle was conducted and
735	735	whether consent for the search was obtained;
736	736	(7) the plea, the judgment, whether the individual was
737	737	adjudicated under Article 45.0511, Code of Criminal Procedure, and
738	738	whether bail was forfeited;
739	739	(8) the date of conviction; and
740	740	(9) the amount of the fine or forfeiture.
741	741	SECTION 38. Subchapter I, Chapter 545, Transportation Code,
742	742	is amended by adding Section 545.4255 to read as follows:
743	743	Sec. 545.4255. CERTAIN COMMUNICATIONS BY OPERATOR OF
744	744	COMMERCIAL MOTOR VEHICLE PROHIBITED; OFFENSE. (a) In this
745	745	section:
746	746	(1) "Driving" means operating a vehicle on a highway,
747	747	including while temporarily stopped because of traffic, a traffic
748	748	control device, or other momentary delays. The term does not
749	749	include stationary operation of the vehicle alongside or off of a
750	750	highway in a safe location.
751	751	(2) "Text message" means a message generated by
752	752	manually entering alphanumeric characters into an electronic
753	753	device. The term includes a short message service, e-mail, instant
754	754	message, a command or request to access an Internet website, a voice
755	755	communication using a wireless communication device that requires
756	756	pressing more than one button to initiate or terminate, or any other
757	757	form of electronic text for present or future communication.
758	758	(b) The operator of a commercial motor vehicle may not
759	759	generate, send, or read a text message while driving the vehicle.
760	760	(c) A person who violates Subsection (b) commits an offense.
761	761	An offense under this subsection is a Class C misdemeanor.
762	762	(d) This section does not apply to:
763	763	(1) an operator of a commercial motor vehicle who:
764	764	(A) inputs, selects, or reads information on a
765	765	global positioning or navigation system;
766	766	(B) presses a single button to initiate or
767	767	terminate a voice communication using a wireless communication
768	768	device;
769	769	(C) uses a device capable of performing multiple
770	770	functions, such as a fleet management system, dispatch service,
771	771	smart phone, citizens band radio, or music player, in a manner that
772	772	is not prohibited by this section; or
773	773	(D) communicates with law enforcement officials
774	774	or other emergency services personnel; or
775	775	(2) a law enforcement officer, firefighter, or
776	776	operator of an authorized emergency vehicle communicating while
777	777	engaged in the performance of official duties.
778	778	SECTION 39. Article 62.060(a), Code of Criminal Procedure,
779	779	is amended to read as follows:
780	780	(a) A person subject to registration under this chapter
781	781	shall apply to the department in person for the issuance of, as
782	782	applicable, an original or renewal driver's license under Section
783	783	521.272, Transportation Code, an original or renewal personal
784	784	identification certificate under Section 521.103, Transportation
785	785	Code, or an original or renewal commercial driver's license or
786	786	commercial [driver] learner's permit under Section 522.033,
787	787	Transportation Code, not later than the 30th day after the date:
788	788	(1) the person is released from a penal institution or
789	789	is released by a court on community supervision or juvenile
790	790	probation; or
791	791	(2) the department sends written notice to the person
792	792	of the requirements of this article.
793	793	SECTION 40. Section 522.029(f), Transportation Code, as
794	794	added by Chapter 1156 (S.B. 99), Acts of the 75th Legislature,
795	795	Regular Session, 1997, is repealed.
796	796	SECTION 41. (a) The changes in law made by this Act to
797	797	Sections 522.011, 522.042, and 522.071, Transportation Code, apply
798	798	only to an offense that is committed on or after the effective date
799	799	of this Act. An offense committed before the effective date of this
800	800	Act is governed by the law in effect on the date the offense was
801	801	committed, and the former law is continued in effect for that
802	802	purpose. For purposes of this subsection, an offense was committed
803	803	before the effective date of this Act if any element of the offense
804	804	occurred before that date.
805	805	(b) The change in law made by this Act to Section 522.021,
806	806	Transportation Code, applies only to an application for a license
807	807	that is filed on or after the effective date of this Act.
808	808	(c) The changes in law made by this Act to Sections 522.029,
809	809	522.033, and 522.051, Transportation Code, apply only to a license
810	810	or permit that is issued on or after the effective date of this Act.
811	811	SECTION 42. Except as otherwise provided by this Act, this
812	812	Act takes effect January 1, 2014.