BILL ANALYSIS H.B. 1107 By: Phillips Transportation Committee Report (Unamended) BACKGROUND AND PURPOSE A relatively recent accident involving a commercial bus not in compliance with federal regulations that resulted in the deaths and injuries of many people has called for increased reform regarding the operation of commercial motor vehicles. Interested parties contend that the absence of state law prohibiting the operation of a commercial vehicle under certain conditions endangers the public's well-being. H.B. 1107 seeks to address this issue by providing for criminal liability for certain federal motor carrier safety violations. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 1107 amends the Transportation Code to make it a Class A misdemeanor to knowingly operate a commercial motor vehicle in violation of federal regulations regarding unsatisfactory rated motor carriers or to own, lease, or assign a person to drive such a vehicle that is knowingly operated in violation of those regulations. The bill enhances the penalty for such an offense to a state jail felony if it is shown on the trial of the offense that at the time of the offense the commercial motor vehicle was involved in a motor vehicle accident that resulted in bodily injury and to a second degree felony if it is shown on the trial of the offense that at the time of the offense the commercial motor vehicle was involved in a motor vehicle accident that resulted in the death of a person. EFFECTIVE DATE September 1, 2015.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 1107
By: Phillips
Transportation
Committee Report (Unamended)
H.B. 1107
By: Phillips
Transportation
Committee Report (Unamended)
BACKGROUND AND PURPOSE A relatively recent accident involving a commercial bus not in compliance with federal regulations that resulted in the deaths and injuries of many people has called for increased reform regarding the operation of commercial motor vehicles. Interested parties contend that the absence of state law prohibiting the operation of a commercial vehicle under certain conditions endangers the public's well-being. H.B. 1107 seeks to address this issue by providing for criminal liability for certain federal motor carrier safety violations.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 1107 amends the Transportation Code to make it a Class A misdemeanor to knowingly operate a commercial motor vehicle in violation of federal regulations regarding unsatisfactory rated motor carriers or to own, lease, or assign a person to drive such a vehicle that is knowingly operated in violation of those regulations. The bill enhances the penalty for such an offense to a state jail felony if it is shown on the trial of the offense that at the time of the offense the commercial motor vehicle was involved in a motor vehicle accident that resulted in bodily injury and to a second degree felony if it is shown on the trial of the offense that at the time of the offense the commercial motor vehicle was involved in a motor vehicle accident that resulted in the death of a person.
EFFECTIVE DATE September 1, 2015.
BACKGROUND AND PURPOSE
A relatively recent accident involving a commercial bus not in compliance with federal regulations that resulted in the deaths and injuries of many people has called for increased reform regarding the operation of commercial motor vehicles. Interested parties contend that the absence of state law prohibiting the operation of a commercial vehicle under certain conditions endangers the public's well-being. H.B. 1107 seeks to address this issue by providing for criminal liability for certain federal motor carrier safety violations.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 1107 amends the Transportation Code to make it a Class A misdemeanor to knowingly operate a commercial motor vehicle in violation of federal regulations regarding unsatisfactory rated motor carriers or to own, lease, or assign a person to drive such a vehicle that is knowingly operated in violation of those regulations. The bill enhances the penalty for such an offense to a state jail felony if it is shown on the trial of the offense that at the time of the offense the commercial motor vehicle was involved in a motor vehicle accident that resulted in bodily injury and to a second degree felony if it is shown on the trial of the offense that at the time of the offense the commercial motor vehicle was involved in a motor vehicle accident that resulted in the death of a person.
EFFECTIVE DATE
September 1, 2015.