Texas 2015 - 84th Regular

Texas House Bill HB2714 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R18832 JXC-F
2	2	By: Phillips H.B. No. 2714
3	3	Substitute the following for H.B. No. 2714:
4	4	By: Pickett C.S.H.B. No. 2714
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 a
11	11	criminal offense; amending provisions subject to a criminal
12	12	penalty; authorizing fees.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 522.003, Transportation Code, is amended
15	15	by amending Subdivisions (4), (12), (22), (23), and (25) and adding
16	16	Subdivisions (22-a) and (23-a) to read as follows:
17	17	(4) "Commercial [driver] learner's permit" means a
18	18	permit [commercial driver's license] that restricts the holder to
19	19	driving a commercial motor vehicle as provided by Section
20	20	522.011(a)(2)(B).
21	21	(12) "Driver's license" has the meaning assigned by
22	22	Section 521.001, except the term does not include a commercial
23	23	learner's permit unless otherwise provided by this chapter.
24	24	(22) "Non-domiciled [Nonresident] commercial driver's
25	25	license" means a commercial driver's license issued by a state to an
26	26	individual who is domiciled [resides] in a foreign jurisdiction.
27	27	(22-a) "Non-domiciled commercial learner's permit"
28	28	means a commercial learner's permit issued by a state to an
29	29	individual who is domiciled in a foreign jurisdiction.
30	30	(23) "Out-of-service order" means:
31	31	(A) a temporary prohibition against driving a
32	32	commercial motor vehicle issued under Section 522.101, the law of
33	33	another state, [or] 49 C.F.R. Section 383.5, 386.72, 392.5, 392.9a,
34	34	395.13, or 396.9, a law compatible with those federal regulations,
35	35	or the North American Standard Out-of-Service Criteria; or
36	36	(B) a declaration by the Federal Motor Carrier
37	37	Safety Administration or an authorized enforcement officer of a
38	38	state or local jurisdiction that a driver, commercial motor
39	39	vehicle, or motor carrier operation is out of service under 49
40	40	C.F.R. Section 383.5, 386.72, 392.5, 392.9a, 395.13, or 396.9, a
41	41	law compatible with those federal regulations, or the North
42	42	American Standard Out-of-Service Criteria.
43	43	(23-a) "Person" includes the United States, a state,
44	44	or a political subdivision of a state.
45	45	(25) "Serious traffic violation" means:
46	46	(A) a conviction arising from the driving of a
47	47	motor vehicle, other than a parking, vehicle weight, or vehicle
48	48	defect violation, for:
49	49	(i) excessive speeding, involving a single
50	50	charge of driving 15 miles per hour or more above the posted speed
51	51	limit;
52	52	(ii) reckless driving, as defined by state
53	53	or local law;
54	54	(iii) a violation of a state or local law
55	55	related to motor vehicle traffic control, including a law
56	56	regulating the operation of vehicles on highways, arising in
57	57	connection with a fatal accident;
58	58	(iv) improper or erratic traffic lane
59	59	change;
60	60	(v) following the vehicle ahead too
61	61	closely; [or]
62	62	(vi) a violation of Section [Sections]
63	63	522.011 or 522.042; or
64	64	(vii) a violation of a state or local law or
65	65	ordinance prohibiting texting while driving or restricting or
66	66	prohibiting the use of a wireless communication device while
67	67	operating a commercial motor vehicle; or
68	68	(B) a violation of Section 522.015.
69	69	SECTION 2. Section 522.011, Transportation Code, is amended
70	70	by amending Subsection (a) and adding Subsections (e) and (f) to
71	71	read as follows:
72	72	(a) A person may not drive a commercial motor vehicle
73	73	unless:
74	74	(1) the person:
75	75	(A) has in the person's immediate possession a
76	76	commercial driver's license issued by the department appropriate
77	77	for the class of vehicle being driven; and
78	78	(B) is not disqualified or subject to an
79	79	out-of-service order;
80	80	(2) the person:
81	81	(A) has in the person's immediate possession a
82	82	commercial [driver] learner's permit and driver's license issued by
83	83	the department; and
84	84	(B) is accompanied by the holder of a commercial
85	85	driver's license issued by the department with any necessary
86	86	endorsements appropriate for the class of vehicle being driven, and
87	87	the license holder:
88	88	(i) for the purpose of giving instruction
89	89	in driving the vehicle, at all times occupies a seat beside the
90	90	permit holder or, in the case of a passenger vehicle, directly
91	91	behind the driver in a location that allows for direct observation
92	92	and supervision of the permit holder [for the purpose of giving
93	93	instruction in driving the vehicle]; and
94	94	(ii) is not disqualified or subject to an
95	95	out-of-service order; or
96	96	(3) the person is authorized to drive the vehicle
97	97	under Section 522.015.
98	98	(e) It is a defense to prosecution for a violation of
99	99	Subsection (a)(2)(A) if the person charged produces in court a
100	100	commercial learner's permit or driver's license, as appropriate,
101	101	that:
102	102	(1) was issued to the person; and
103	103	(2) was valid when the offense was committed.
104	104	(f) The court may assess a defendant an administrative fee
105	105	not to exceed $10 if a charge under this section is dismissed
106	106	because of the defense listed under Subsection (e).
107	107	SECTION 3. Section 522.013, Transportation Code, is amended
108	108	to read as follows:
109	109	Sec. 522.013. NON-DOMICILED [NONRESIDENT] LICENSE OR
110	110	PERMIT. (a) The department may issue a non-domiciled
111	111	[nonresident] commercial driver's license or commercial learner's
112	112	permit to a person domiciled in [resident of] a foreign
113	113	jurisdiction if the secretary has determined that the commercial
114	114	motor vehicle testing and licensing standards in the foreign
115	115	jurisdiction do not meet the testing standards established by 49
116	116	C.F.R. Part 383.
117	117	(b) An applicant for a non-domiciled commercial driver's
118	118	license must surrender any non-domiciled [nonresident] commercial
119	119	driver's license issued by another state.
120	120	(c) Before issuing a non-domiciled [nonresident] commercial
121	121	driver's license, the department must establish the practical
122	122	capability of disqualifying the person under the conditions
123	123	applicable to a commercial driver's license issued to a resident of
124	124	this state. Before issuing a non-domiciled commercial learner's
125	125	permit, the department must establish the practical capability of
126	126	disqualifying the person under the conditions applicable to a
127	127	commercial learner's permit issued to a resident of this state.
128	128	(d) "Non-domiciled" ["Nonresident"] must appear on the face
129	129	of a license or permit issued under this section.
130	130	(e) The department may issue a temporary non-domiciled
131	131	[nonresident] commercial driver's license to a person who does not
132	132	present a social security card as required by Section
133	133	522.021(a-1)(1) but who otherwise meets the requirements for a
134	134	non-domiciled [nonresident] commercial driver's license, including
135	135	the requirement that the commercial motor vehicle testing and
136	136	licensing standards of the country of which the applicant is
137	137	domiciled [a resident] not meet the testing and licensing standards
138	138	established by 49 C.F.R. Part 383. A license issued under this
139	139	subsection:
140	140	(1) expires on the earlier of:
141	141	(A) the 60th day after the date the license is
142	142	issued; or
143	143	(B) [the expiration date of the visa presented
144	144	under Section 522.021(a-1)(2)(B); or
145	145	[(C)] the expiration date of any [the] Form I-94
146	146	Arrival/Departure record, or a successor document, presented under
147	147	Section 522.021(a-1) [522.021(a-1)(2)(C)]; and
148	148	(2) may not be renewed.
149	149	(f) The department may not issue more than one temporary
150	150	non-domiciled [nonresident] commercial driver's license to a
151	151	person.
152	152	SECTION 4. Section 522.014, Transportation Code, is amended
153	153	to read as follows:
154	154	Sec. 522.014. PERMIT. (a) The department may issue a
155	155	commercial [driver] learner's permit to an individual who:
156	156	(1) has been issued a driver's license by the
157	157	department; and
158	158	(2) has passed the vision and written tests required
159	159	for [a Texas driver's license appropriate for] the class of vehicle
160	160	to be driven.
161	161	(b) A commercial learner's permit must be a separate
162	162	document from a driver's license or a commercial driver's license.
163	163	(c) The issuance of a commercial learner's permit is
164	164	required for:
165	165	(1) the initial issuance of a commercial driver's
166	166	license; or
167	167	(2) the upgrade in classification of a commercial
168	168	driver's license that requires a skills test.
169	169	(d) A commercial learner's permit holder may not take a
170	170	commercial driver's license skills test before the 15th day after
171	171	the date of the issuance of the permit.
172	172	SECTION 5. Section 522.015, Transportation Code, is amended
173	173	to read as follows:
174	174	Sec. 522.015. LICENSE OR PERMIT ISSUED BY OTHER
175	175	JURISDICTION. A person may drive a commercial motor vehicle in this
176	176	state if:
177	177	(1) the person has a commercial driver's license or a
178	178	commercial [driver] learner's permit issued by:
179	179	(A) another state in accordance with the minimum
180	180	federal standards for the issuance of a commercial motor vehicle
181	181	driver's license; or
182	182	(B) a foreign jurisdiction the testing and
183	183	licensing standards of which the United States Department of
184	184	Transportation has determined meet the requirements of the federal
185	185	act;
186	186	(2) the person's license or permit is appropriate for
187	187	the class of vehicle being driven;
188	188	(3) the person is not disqualified from driving a
189	189	commercial motor vehicle and is not subject to an out-of-service
190	190	order; [and]
191	191	(4) the person has not had a domicile in this state for
192	192	more than 30 days; and
193	193	(5) if the person has a permit, the person also has a
194	194	driver's license issued by the same jurisdiction that issued the
195	195	permit.
196	196	SECTION 6. Sections 522.021(a), (a-1), and (d),
197	197	Transportation Code, are amended to read as follows:
198	198	(a) An application for a commercial driver's license or
199	199	commercial [driver] learner's permit must include:
200	200	(1) the full name and current residence and mailing
201	201	address of the applicant;
202	202	(2) a physical description of the applicant, including
203	203	sex, height, and eye color;
204	204	(3) the applicant's date of birth;
205	205	(4) the applicant's social security number, unless the
206	206	application is for a non-domiciled [nonresident] commercial
207	207	driver's license and the applicant is domiciled in [a resident of] a
208	208	foreign jurisdiction;
209	209	(5) certifications, including those required by 49
210	210	C.F.R. Section 383.71(a); and
211	211	(6) any other information required by the department.
212	212	(a-1) If the application is for a non-domiciled
213	213	[nonresident] commercial driver's license and the applicant is
214	214	domiciled in [a resident of] a foreign jurisdiction that does not
215	215	meet the testing and licensing standards established by 49 C.F.R.
216	216	Part 383, the applicant must present:
217	217	(1) a social security card issued to the applicant;
218	218	[and]
219	219	(2) an unexpired foreign passport issued to the
220	220	applicant;
221	221	(3) either:
222	222	(A) a Form I-94 Arrival/Departure record or a
223	223	successor document; or
224	224	(B) an unexpired employment authorization
225	225	document; and
226	226	(4) documentation demonstrating proof of Texas
227	227	residence as provided by Section 522.0225 [each of the following:
228	228	[(A) a passport issued to the applicant by the
229	229	country of which the applicant is a resident;
230	230	[(B) a Temporary Worker visa; and
231	231	[(C) a Form I-94 Arrival/Departure record or a
232	232	successor document].
233	233	(d) A person who knowingly falsifies information or a
234	234	certification required by Subsection (a) commits an offense and is
235	235	subject to a 60-day disqualification [cancellation] of the person's
236	236	commercial driver's license, commercial [driver] learner's permit,
237	237	or application. An offense under this subsection is a Class C
238	238	misdemeanor.
239	239	SECTION 7. Section 522.022, Transportation Code, is amended
240	240	to read as follows:
241	241	Sec. 522.022. LICENSE REQUIREMENTS. The department may
242	242	not issue a commercial driver's license other than a non-domiciled
243	243	[nonresident] license to a person unless the person:
244	244	(1) has a domicile:
245	245	(A) in this state; or
246	246	(B) in another state and is a member of the United
247	247	States armed forces, including a member of the National Guard or a
248	248	reserve or auxiliary unit of any branch of the armed forces, whose
249	249	temporary or permanent duty station is located in this state;
250	250	(2) has passed knowledge and skills tests for driving
251	251	a commercial motor vehicle that comply with minimal federal
252	252	standards established by 49 C.F.R. Part 383, Subparts G and H; and
253	253	(3) has satisfied the requirements imposed by the
254	254	federal act, federal regulation, or state law.
255	255	SECTION 8. Section 522.023, Transportation Code, is amended
256	256	by adding Subsection (j) to read as follows:
257	257	(j) The department may administer a skills test to a person
258	258	who holds a commercial learner's permit issued by another state or
259	259	jurisdiction.
260	260	SECTION 9. Section 522.025, Transportation Code, is amended
261	261	to read as follows:
262	262	Sec. 522.025. LIMITATIONS ON ISSUANCE OF LICENSE OR PERMIT.
263	263	(a) The department may not issue a commercial driver's license or
264	264	commercial [driver] learner's permit to a person who is
265	265	disqualified from driving a commercial motor vehicle or while the
266	266	person's driver's license or driving privilege is suspended,
267	267	revoked, or canceled in any state.
268	268	(b) The department may not issue a commercial driver's
269	269	license to a person who has a driver's license, commercial driver's
270	270	license, or commercial [driver] learner's permit issued by another
271	271	state unless the person surrenders the license or permit. The
272	272	department shall notify [return a surrendered license or permit to]
273	273	the issuing state of the surrendered license or permit [for
274	274	cancellation].
275	275	SECTION 10. Section 522.027, Transportation Code, is
276	276	amended to read as follows:
277	277	Sec. 522.027. MINIMUM AGE. The department may not issue a
278	278	commercial driver's license or a commercial [driver] learner's
279	279	permit to a person who is younger than 18 years of age.
280	280	SECTION 11. Section 522.028, Transportation Code, is
281	281	amended to read as follows:
282	282	Sec. 522.028. CHECK OF DRIVING RECORD. Before issuing a
283	283	commercial driver's license or commercial learner's permit, the
284	284	department shall check the applicant's driving record as required
285	285	by 49 C.F.R. Section 383.73.
286	286	SECTION 12. Section 522.029, Transportation Code, is
287	287	amended by amending Subsections (a), (b), (c), (h), (j), and (k) and
288	288	adding Subsections (h-1) and (l) to read as follows:
289	289	(a) The fee for a commercial driver's license [or commercial
290	290	driver learner's permit] issued by the department is $60, except as
291	291	provided by Subsections (f), (h), (j), and (k).
292	292	(b) The fee for a commercial driver's license [or commercial
293	293	driver learner's permit] shall be reduced by $4 for each remaining
294	294	year of validity of a driver's license, other than a commercial
295	295	driver's license [or commercial driver learner's permit] issued by
296	296	the department to the applicant.
297	297	(c) The fee for a duplicate commercial driver's license or
298	298	commercial [driver] learner's permit is $10.
299	299	(h) The fee for a commercial driver's license [or commercial
300	300	driver learner's permit] issued under Section 522.033 is $20.
301	301	(h-1) The fee for the issuance or renewal of a commercial
302	302	learner's permit is $24.
303	303	(j) The fee for issuance or renewal of a commercial driver's
304	304	license [or commercial driver learner's permit] is $25 for a
305	305	license with an expiration date established under Section 522.054.
306	306	(k) The fee for a non-domiciled [nonresident] commercial
307	307	driver's license or a non-domiciled commercial learner's permit is
308	308	$120. The fee for a temporary non-domiciled [nonresident]
309	309	commercial driver's license is $20.
310	310	(l) The fee for the administration of a skills test to a
311	311	person who is not domiciled in this state is $60.
312	312	SECTION 13. Section 522.029(f), Transportation Code, as
313	313	added by Chapter 1372 (H.B. 1200), Acts of the 75th Legislature,
314	314	Regular Session, 1997, is amended to read as follows:
315	315	(f) If a commercial driver's license [or commercial driver
316	316	learner's permit] includes an authorization to operate a motorcycle
317	317	or moped, the fee for the driver's license [or permit] is increased
318	318	by $8.
319	319	SECTION 14. Section 522.030(a), Transportation Code, is
320	320	amended to read as follows:
321	321	(a) A commercial driver's license or commercial learner's
322	322	permit must:
323	323	(1) be marked:
324	324	(A) "Commercial Driver License" or "CDL" for a
325	325	commercial driver's license; or
326	326	(B) "Commercial Learner's Permit" or "CLP" for a
327	327	commercial learner's permit;
328	328	(2) be, to the extent practicable, tamper-proof; and
329	329	(3) include:
330	330	(A) the name and domicile [mailing] address of
331	331	the person to whom it is issued;
332	332	(B) the person's [color] photograph;
333	333	(C) a physical description of the person,
334	334	including sex, height, and eye color;
335	335	(D) the person's date of birth;
336	336	(E) a number or identifier the department
337	337	considers appropriate;
338	338	(F) the person's signature;
339	339	(G) each class of commercial motor vehicle that
340	340	the person is authorized to drive, with any endorsements or
341	341	restrictions;
342	342	(H) the name of this state; and
343	343	(I) the dates between which the license is valid.
344	344	SECTION 15. Sections 522.032(a) and (b), Transportation
345	345	Code, are amended to read as follows:
346	346	(a) The holder of a commercial driver's license or
347	347	commercial [driver] learner's permit who changes the holder's name
348	348	or mailing address must apply for a duplicate license or permit not
349	349	later than the 30th day after the date of the change in the manner
350	350	provided by Section 521.054.
351	351	(b) The holder of a commercial driver's license or
352	352	commercial [driver] learner's permit who changes the holder's
353	353	residence address shall notify the department not later than the
354	354	30th day after the date of the change.
355	355	SECTION 16. Section 522.033, Transportation Code, is
356	356	amended to read as follows:
357	357	Sec. 522.033. COMMERCIAL DRIVER'S LICENSE ISSUED TO CERTAIN
358	358	SEX OFFENDERS. (a) The department may issue an original or renewal
359	359	commercial driver's license or commercial [driver] learner's permit
360	360	to a person whose driver's license or personal identification
361	361	certificate record indicates that the person is subject to the
362	362	registration requirements of Chapter 62, Code of Criminal
363	363	Procedure, only if the person is otherwise eligible for the
364	364	commercial driver's license or commercial [driver] learner's permit
365	365	and:
366	366	(1) applies in person for the issuance of a license or
367	367	permit under this section; and
368	368	(2) pays a fee of:
369	369	(A) $20 for a commercial driver's license; or
370	370	(B) $24 for a commercial learner's permit.
371	371	(b) Notwithstanding Sections 522.013 and [Section] 522.051,
372	372	a commercial driver's license [or commercial driver learner's
373	373	permit] issued under this section, including a renewal, duplicate,
374	374	or corrected license, expires[:
375	375	[(1) if the license or permit holder is a citizen,
376	376	national, or legal permanent resident of the United States or a
377	377	refugee or asylee lawfully admitted into the United States,] on the
378	378	first birthday of the license holder occurring after the date of
379	379	application, except that the initial license issued under this
380	380	section expires on the second birthday of the license holder
381	381	occurring after the date of application[; or
382	382	[(2) if the applicant is not described by Subdivision
383	383	(1), on the earlier of:
384	384	[(A) the expiration date of the applicant's
385	385	authorized stay in the United States; or
386	386	[(B) the first birthday of the license holder
387	387	occurring after the date of application, except that the initial
388	388	license issued under this section expires on the second birthday of
389	389	the license holder occurring after the date of application].
390	390	SECTION 17. Sections 522.034(a) and (b), Transportation
391	391	Code, are amended to read as follows:
392	392	(a) An applicant for an original commercial driver's
393	393	license [or commercial driver learner's permit] that includes an
394	394	authorization to operate a motorcycle must furnish to the
395	395	department evidence satisfactory to the department that the
396	396	applicant has successfully completed a basic motorcycle operator
397	397	training course approved by the department under Chapter 662.
398	398	(b) The department may not issue an original commercial
399	399	driver's license [or commercial driver learner's permit] that
400	400	includes an authorization to operate a motorcycle to an applicant
401	401	who fails to comply with Subsection (a).
402	402	SECTION 18. Sections 522.041(a) and (e), Transportation
403	403	Code, are amended to read as follows:
404	404	(a) The department may issue a Class A, Class B, or Class C
405	405	commercial driver's license or commercial learner's permit.
406	406	(e) The holder of a commercial driver's license or
407	407	commercial learner's permit may drive any vehicle in the class for
408	408	which the license or permit is issued and lesser classes of vehicles
409	409	except a motorcycle or moped. The holder may drive a motorcycle
410	410	only if authorization to drive a motorcycle is shown on the
411	411	commercial driver's license and the requirements for issuance of a
412	412	motorcycle license have been met.
413	413	SECTION 19. Section 522.042, Transportation Code, is
414	414	amended by amending Subsections (b) and (c) and adding Subsections
415	415	(d), (e), and (f) to read as follows:
416	416	(b) The department may issue a commercial learner's permit
417	417	with endorsements authorizing the driving of a passenger vehicle, a
418	418	school bus, or a tank vehicle.
419	419	(c) An endorsement under Subsection (b) for a passenger
420	420	vehicle or a school bus allows a permit holder to operate a vehicle
421	421	with only the following passengers:
422	422	(1) federal or state auditors and inspectors, test
423	423	examiners, or other permit holders; and
424	424	(2) the commercial driver's license holder required
425	425	under Section 522.011(a)(2)(B).
426	426	(d) An endorsement under Subsection (b) for a tank vehicle
427	427	allows a permit holder to operate only an empty tank vehicle that
428	428	has been purged of any hazardous materials.
429	429	(e) The holder of a commercial driver's license or
430	430	commercial learner's permit may not drive a vehicle that requires
431	431	an endorsement unless the proper endorsement appears on the license
432	432	or permit.
433	433	(f) [(c)] A person commits an offense if the person violates
434	434	Subsection (c), (d), or (e) [(b)]. An offense under this section is
435	435	a Class C misdemeanor.
436	436	SECTION 20. Section 522.051, Transportation Code, is
437	437	amended by amending Subsections (a), (b), (c), (d), and (f) and
438	438	adding Subsection (h) to read as follows:
439	439	(a) Except as provided by Subsection (f) and Sections
440	440	522.013(e), 522.033, and 522.054, an original commercial driver's
441	441	license [or commercial driver learner's permit] expires five years
442	442	after the applicant's next birthday.
443	443	(b) Except as provided by Section 522.054, a commercial
444	444	driver's license [or commercial driver learner's permit] issued to
445	445	a person holding a Texas Class A, B, C, or M license that would
446	446	expire one year or more after the date of issuance of the commercial
447	447	driver's license [or commercial driver learner's permit] expires
448	448	five years after the applicant's next birthday.
449	449	(c) Except as provided by Section 522.054, a commercial
450	450	driver's license [or commercial driver learner's permit] issued to
451	451	a person holding a Texas Class A, B, C, or M license that would
452	452	expire less than one year after the date of issuance of the
453	453	commercial driver's license [or commercial driver learner's permit]
454	454	or that has been expired for less than one year expires five years
455	455	after the expiration date shown on the Class A, B, C, or M license.
456	456	(d) Except as provided by Section 522.054, a commercial
457	457	driver's license [or commercial driver learner's permit] issued to
458	458	a person holding a Texas Class A, B, C, or M license that has been
459	459	expired for at least one year but not more than two years expires
460	460	five years after the applicant's last birthday.
461	461	(f) Except as provided by Section 522.013, a non-domiciled
462	462	[nonresident] commercial driver's license other than a temporary
463	463	non-domiciled [nonresident] commercial driver's license under
464	464	Section 522.013(e) expires on [the earlier of]:
465	465	(1) the earlier of:
466	466	(A) the first birthday of the license holder
467	467	occurring after the fifth anniversary of the date of the
468	468	application; or
469	469	(B) the expiration date of the license holder's
470	470	lawful presence in the United States as determined by the
471	471	appropriate United States agency in compliance with federal law
472	472	[the expiration date of the visa presented under Section
473	473	522.021(a-1)(2)(B)]; or
474	474	(2) the first anniversary of the date of issuance, if
475	475	there is no definitive expiration date for the applicant's
476	476	authorized stay in the United States [expiration date of the Form
477	477	I-94 Arrival/Departure record, or a successor document, presented
478	478	under Section 522.021(a-1)(2)(C)].
479	479	(h) A commercial learner's permit expires on the earlier of:
480	480	(1) the expiration date of the driver's license or
481	481	commercial driver's license; or
482	482	(2) the 181st day after the date of issuance.
483	483	SECTION 21. Section 522.052(e), Transportation Code, is
484	484	amended to read as follows:
485	485	(e) A commercial [driver] learner's permit may [not] be
486	486	renewed once for an additional 180 days without requiring the
487	487	applicant to retake the general and endorsement knowledge tests.
488	488	SECTION 22. Section 522.054(a), Transportation Code, is
489	489	amended to read as follows:
490	490	(a) Each original commercial driver's license [and
491	491	commercial driver learner's permit] of a person 85 years of age or
492	492	older expires on the license holder's second birthday after the
493	493	date of the license application.
494	494	SECTION 23. Section 522.0541, Transportation Code, is
495	495	amended to read as follows:
496	496	Sec. 522.0541. DENIAL OF RENEWAL OF COMMERCIAL DRIVER
497	497	LICENSE OR LEARNER PERMIT. (a) In the manner ordered by a court in
498	498	another state in connection with a matter involving the violation
499	499	of a state law or local ordinance relating to motor vehicle traffic
500	500	control and on receipt of the necessary information from the other
501	501	state, the department may deny renewal of the commercial driver's
502	502	license or commercial learner's permit issued to a person by the
503	503	department for the person's:
504	504	(1) failure to appear in connection with a complaint
505	505	or citation; [or]
506	506	(2) failure to pay or satisfy a judgment ordering the
507	507	payment of a fine and costs; or
508	508	(3) failure to answer a citation or to pay fines,
509	509	penalties, or costs related to the original violation.
510	510	(b) The information necessary under Subsection (a) may be
511	511	transmitted through the commercial driver's license information
512	512	system and must include:
513	513	(1) the name, date of birth, and the commercial
514	514	driver's license number of the license held by the person;
515	515	(2) notice that the person failed to appear as
516	516	required by law or failed to satisfy a judgment that ordered the
517	517	payment of a fine and costs in the manner ordered by the court;
518	518	(3) the nature of the violation; and
519	519	(4) any other information required by the department.
520	520	(c) The department shall apply any notification received
521	521	under Subsection (a) as a conviction to the person's driving
522	522	record.
523	523	SECTION 24. Section 522.055, Transportation Code, is
524	524	amended to read as follows:
525	525	Sec. 522.055. CLEARANCE NOTICE TO DEPARTMENT. On receipt
526	526	of notice from the other state that the grounds for denial of the
527	527	renewal of the commercial driver's license or commercial learner's
528	528	permit based on the [license] holder's previous failure to appear
529	529	or failure to pay a fine and costs previously reported by that state
530	530	under Section 522.0541 have ceased to exist, the department shall
531	531	renew the person's commercial driver's license or commercial
532	532	learner's permit.
533	533	SECTION 25. Sections 522.061(a), (b), and (c),
534	534	Transportation Code, are amended to read as follows:
535	535	(a) A person who holds or is required to hold a commercial
536	536	driver's license or a commercial learner's permit under this
537	537	chapter and who is convicted in another state of violating a state
538	538	law or local ordinance relating to motor vehicle traffic control
539	539	shall notify the department in the manner specified by the
540	540	department not later than the seventh day after the date of
541	541	conviction.
542	542	(b) A person who holds or is required to hold a commercial
543	543	driver's license or commercial learner's permit under this chapter
544	544	and who is convicted in this state or another state of violating a
545	545	state law or local ordinance relating to motor vehicle traffic
546	546	control, including a law regulating the operation of vehicles on
547	547	highways, shall notify the person's employer in writing of the
548	548	conviction not later than the seventh day after the date of
549	549	conviction.
550	550	(c) A notification to the department or an employer must be
551	551	in writing and must contain:
552	552	(1) the driver's full name;
553	553	(2) the driver's license or permit number;
554	554	(3) the date of conviction;
555	555	(4) the nature of the violation;
556	556	(5) a notation of whether the violation was committed
557	557	in a commercial motor vehicle;
558	558	(6) the location where the offense was committed; and
559	559	(7) the driver's signature.
560	560	SECTION 26. Section 522.062(a), Transportation Code, is
561	561	amended to read as follows:
562	562	(a) If a person holds a driver's license, commercial
563	563	driver's license, or commercial learner's permit issued by another
564	564	state and is finally convicted of a violation of a state traffic law
565	565	or local traffic ordinance that was committed in a commercial motor
566	566	vehicle, the department shall notify the driver's licensing
567	567	authority in the issuing state of that conviction, in the time and
568	568	manner required by 49 U.S.C. Section 31311.
569	569	SECTION 27. Section 522.071(a), Transportation Code, as
570	570	amended by Chapters 424 (S.B. 1372) and 499 (S.B. 333), Acts of the
571	571	80th Legislature, Regular Session, 2007, is reenacted and amended
572	572	to read as follows:
573	573	(a) A person commits an offense if the person drives a
574	574	commercial motor vehicle on a highway:
575	575	(1) after the person has been denied the issuance of a
576	576	license or permit, unless the person has a driver's license
577	577	appropriate for the class of vehicle being driven that was
578	578	subsequently issued;
579	579	(2) during a period that a disqualification of the
580	580	person's driver's license, permit, or privilege is in effect;
581	581	(3) while the person's driver's license or permit is
582	582	expired, if the license or permit expired during a period of
583	583	disqualification;
584	584	(4) during a period that the person was subject to an
585	585	order prohibiting the person from obtaining a driver's license or
586	586	permit; or
587	587	(5) during a period in which the person, the person's
588	588	employer, or the vehicle being operated is subject to an
589	589	out-of-service order.
590	590	SECTION 28. Section 522.071(b), Transportation Code, is
591	591	amended to read as follows:
592	592	(b) It is not a defense to prosecution that the person had
593	593	not received notice of a disqualification imposed as a result of a
594	594	conviction that results in an automatic disqualification of the
595	595	person's driver's license, permit, or privilege.
596	596	SECTION 29. Sections 522.081(a), (b), (e), and (g),
597	597	Transportation Code, are amended to read as follows:
598	598	(a) This subsection applies to a violation committed while
599	599	operating any motor vehicle, including a commercial motor vehicle.
600	600	A person who holds a commercial driver's license or commercial
601	601	learner's permit is disqualified from driving a commercial motor
602	602	vehicle for:
603	603	(1) 60 days if convicted of:
604	604	(A) two serious traffic violations that occur
605	605	within a three-year period; or
606	606	(B) one violation of a law that regulates the
607	607	operation of a motor vehicle at a railroad grade crossing; or
608	608	(2) 120 days if convicted of:
609	609	(A) three serious traffic violations arising
610	610	from separate incidents occurring within a three-year period; or
611	611	(B) two violations of a law that regulates the
612	612	operation of a motor vehicle at a railroad grade crossing that occur
613	613	within a three-year period.
614	614	(b) Except as provided by this subsection, this [This]
615	615	subsection applies to a violation committed while operating any
616	616	type of motor vehicle, including a commercial motor vehicle[,
617	617	except as provided by this subsection]. A person who holds a
618	618	commercial driver's license or commercial learner's permit is
619	619	disqualified from driving a commercial motor vehicle for one year:
620	620	(1) if convicted of three violations of a law that
621	621	regulates the operation of a motor vehicle at a railroad grade
622	622	crossing that occur within a three-year period;
623	623	(2) on first conviction of:
624	624	(A) driving a motor vehicle under the influence
625	625	of alcohol or a controlled substance, including a violation of
626	626	Section 49.04, 49.045, or 49.07, Penal Code;
627	627	(B) leaving the scene of an accident involving a
628	628	motor vehicle driven by the person;
629	629	(C) using a motor vehicle in the commission of a
630	630	felony, other than a felony described by Subsection (d)(2);
631	631	(D) causing the death of another person through
632	632	the negligent or criminal operation of a motor vehicle; or
633	633	(E) driving a commercial motor vehicle while the
634	634	person's commercial driver's license or commercial learner's permit
635	635	is revoked, suspended, or canceled, or while the person is
636	636	disqualified from driving a commercial motor vehicle, for an action
637	637	or conduct that occurred while operating a commercial motor
638	638	vehicle;
639	639	(3) for refusing to submit to a test under Chapter 724
640	640	to determine the person's alcohol concentration or the presence in
641	641	the person's body of a controlled substance or drug while operating
642	642	a motor vehicle in a public place; or
643	643	(4) if an analysis of the person's blood, breath, or
644	644	urine under Chapter 522, 524, or 724 determines that the person:
645	645	(A) had an alcohol concentration of 0.04 or more,
646	646	or that a controlled substance or drug was present in the person's
647	647	body, while operating a commercial motor vehicle in a public place;
648	648	or
649	649	(B) had an alcohol concentration of 0.08 or more
650	650	while operating a motor vehicle, other than a commercial motor
651	651	vehicle, in a public place.
652	652	(e) A person may not be issued a commercial driver's license
653	653	or a commercial learner's permit and is disqualified from operating
654	654	a commercial motor vehicle if, in connection with the person's
655	655	operation of a commercial motor vehicle, the person commits an
656	656	offense or engages in conduct that would disqualify the holder of a
657	657	commercial driver's license from operating a commercial motor
658	658	vehicle, or is determined to have had an alcohol concentration of
659	659	0.04 or more or to have had a controlled substance or drug present
660	660	in the person's body. The period of prohibition under this
661	661	subsection is equal to the appropriate period of disqualification
662	662	required by Subsections (a)-(d).
663	663	(g) A person who holds a commercial driver's license or
664	664	commercial learner's permit is disqualified from operating a
665	665	commercial motor vehicle if the person's driving is determined to
666	666	constitute an imminent hazard under 49 C.F.R. Section 383.52. The
667	667	disqualification is for the disqualification period imposed under
668	668	that section and shall be noted on the person's driving record.
669	669	SECTION 30. Section 522.084, Transportation Code, is
670	670	amended to read as follows:
671	671	Sec. 522.084. NOTIFICATION TO OTHER JURISDICTION. After
672	672	disqualifying a person who has a domicile in another state or in a
673	673	foreign jurisdiction, the department shall give notice of that fact
674	674	to the licensing authority of the state that issued the person's
675	675	driver's license, commercial driver's license, or commercial
676	676	[driver] learner's permit.
677	677	SECTION 31. Section 522.087, Transportation Code, is
678	678	amended by adding Subsection (d) to read as follows:
679	679	(d) A disqualification imposed under Section
680	680	522.081(a)(1)(B) or 522.081(b)(2) or (d)(2) takes effect on the
681	681	10th day after the date the department issues the order of
682	682	disqualification.
683	683	SECTION 32. Section 522.089, Transportation Code, is
684	684	amended to read as follows:
685	685	Sec. 522.089. EFFECT OF SUSPENSION, REVOCATION,
686	686	CANCELLATION, OR DENIAL OF LICENSE OR PERMIT UNDER OTHER LAW. (a)
687	687	A suspension, revocation, cancellation, or denial of a driver's
688	688	license, permit, or privilege under Chapter 521 or another law of
689	689	this state disqualifies the person under this chapter.
690	690	(b) If the department disqualifies a person under this
691	691	chapter [disqualifies a person] for a longer period than the other
692	692	law, the person is disqualified for the longer period.
693	693	SECTION 33. Effective January 30, 2016, Subchapter H,
694	694	Chapter 522, Transportation Code, is amended by adding Section
695	695	522.093 to read as follows:
696	696	Sec. 522.093. SELF-CERTIFICATION OF MEDICAL STATUS. The
697	697	department shall remove the commercial driver's license privilege
698	698	from the holder of a commercial driver's license or a commercial
699	699	learner's permit if the holder:
700	700	(1) fails to provide the department a
701	701	self-certification of operating status; or
702	702	(2) fails to provide and maintain with the department
703	703	a current medical examiner's certificate that is required based on
704	704	the self-certification.
705	705	SECTION 34. Section 522.105(a), Transportation Code, is
706	706	amended to read as follows:
707	707	(a) On receipt of a report under Section 522.104, the
708	708	department shall disqualify the person from driving a commercial
709	709	motor vehicle under Section 522.081 beginning on the 45th day after
710	710	the date the report is received unless a hearing is granted.
711	711	SECTION 35. Section 524.001(10), Transportation Code, is
712	712	amended to read as follows:
713	713	(10) "Driver's license" has the meaning assigned by
714	714	Section 521.001. The term includes a commercial driver's license
715	715	or a commercial [driver] learner's permit issued under Chapter 522.
716	716	SECTION 36. Section 543.007, Transportation Code, is
717	717	amended to read as follows:
718	718	Sec. 543.007. NOTICE TO APPEAR: COMMERCIAL VEHICLE OR
719	719	LICENSE. A notice to appear issued to the operator of a commercial
720	720	motor vehicle or holder of a commercial driver's license or
721	721	commercial [driver] learner's permit, for the violation of a law
722	722	regulating the operation of vehicles on highways, must contain the
723	723	information required by department rule, to comply with Chapter 522
724	724	and the federal Commercial Motor Vehicle Safety Act of 1986 (Title
725	725	49, U.S.C. Section 2701 et seq.).
726	726	SECTION 37. Section 543.202(b), Transportation Code, is
727	727	amended to read as follows:
728	728	(b) The record must be made on a form or by a data processing
729	729	method acceptable to the department and must include:
730	730	(1) the name, address, physical description,
731	731	including race or ethnicity, date of birth, and driver's license
732	732	number of the person charged;
733	733	(2) the registration number of the vehicle involved;
734	734	(3) whether the vehicle was a commercial motor vehicle
735	735	as defined by Chapter 522 or was involved in transporting hazardous
736	736	materials;
737	737	(4) the person's social security number, if the person
738	738	was operating a commercial motor vehicle or was the holder of a
739	739	commercial driver's license or commercial [driver] learner's
740	740	permit;
741	741	(5) the date and nature of the offense, including
742	742	whether the offense was a serious traffic violation as defined by
743	743	Chapter 522;
744	744	(6) whether a search of the vehicle was conducted and
745	745	whether consent for the search was obtained;
746	746	(7) the plea, the judgment, whether the individual was
747	747	adjudicated under Article 45.0511, Code of Criminal Procedure, and
748	748	whether bail was forfeited;
749	749	(8) the date of conviction; and
750	750	(9) the amount of the fine or forfeiture.
751	751	SECTION 38. Subchapter I, Chapter 545, Transportation Code,
752	752	is amended by adding Section 545.4255 to read as follows:
753	753	Sec. 545.4255. CERTAIN COMMUNICATIONS BY OPERATOR OF
754	754	COMMERCIAL MOTOR VEHICLE PROHIBITED; OFFENSE. (a) In this
755	755	section:
756	756	(1) "Driving" means operating a vehicle on a highway,
757	757	including while temporarily stopped because of traffic, a traffic
758	758	control device, or other momentary delays. The term does not
759	759	include stationary operation of the vehicle alongside or off of a
760	760	highway in a safe location.
761	761	(2) "Text message" means a message generated by
762	762	manually entering alphanumeric characters into an electronic
763	763	device. The term includes a short message service, e-mail, instant
764	764	message, a command or request to access an Internet website, a voice
765	765	communication using a wireless communication device that requires
766	766	pressing more than one button to initiate or terminate, or any other
767	767	form of electronic text for present or future communication.
768	768	(b) The operator of a commercial motor vehicle may not
769	769	generate, send, or read a text message while driving the vehicle.
770	770	(c) A person who violates Subsection (b) commits an offense.
771	771	An offense under this subsection is a Class C misdemeanor.
772	772	(d) This section does not apply to:
773	773	(1) an operator of a commercial motor vehicle who:
774	774	(A) inputs, selects, or reads information on a
775	775	global positioning or navigation system;
776	776	(B) presses a single button to initiate or
777	777	terminate a voice communication using a wireless communication
778	778	device;
779	779	(C) uses a device capable of performing multiple
780	780	functions, such as a fleet management system, dispatch service,
781	781	smart phone, citizens band radio, or music player, in a manner that
782	782	is not prohibited by this section; or
783	783	(D) communicates with law enforcement officials
784	784	or other emergency services personnel; or
785	785	(2) a law enforcement officer, firefighter, or
786	786	operator of an authorized emergency vehicle communicating while
787	787	engaged in the performance of official duties.
788	788	SECTION 39. Article 62.060(a), Code of Criminal Procedure,
789	789	is amended to read as follows:
790	790	(a) A person subject to registration under this chapter
791	791	shall apply to the department in person for the issuance of, as
792	792	applicable, an original or renewal driver's license under Section
793	793	521.272, Transportation Code, an original or renewal personal
794	794	identification certificate under Section 521.103, Transportation
795	795	Code, or an original or renewal commercial driver's license or
796	796	commercial [driver] learner's permit under Section 522.033,
797	797	Transportation Code, not later than the 30th day after the date:
798	798	(1) the person is released from a penal institution or
799	799	is released by a court on community supervision or juvenile
800	800	probation; or
801	801	(2) the department sends written notice to the person
802	802	of the requirements of this article.
803	803	SECTION 40. Section 522.029(f), Transportation Code, as
804	804	added by Chapter 1156 (S.B. 99), Acts of the 75th Legislature,
805	805	Regular Session, 1997, is repealed.
806	806	SECTION 41. (a) The changes in law made by this Act to
807	807	Sections 522.011, 522.042, and 522.071, Transportation Code, apply
808	808	only to an offense that is committed on or after the effective date
809	809	of this Act. An offense committed before the effective date of this
810	810	Act is governed by the law in effect on the date the offense was
811	811	committed, and the former law is continued in effect for that
812	812	purpose. For purposes of this subsection, an offense was committed
813	813	before the effective date of this Act if any element of the offense
814	814	occurred before that date.
815	815	(b) The change in law made by this Act to Section 522.021,
816	816	Transportation Code, applies only to an application for a license
817	817	that is filed on or after the effective date of this Act.
818	818	(c) The changes in law made by this Act to Sections 522.029,
819	819	522.033, and 522.051, Transportation Code, apply only to a license
820	820	or permit that is issued or renewed on or after the effective date
821	821	of this Act.
822	822	SECTION 42. Except as otherwise provided by this Act, this
823	823	Act takes effect January 1, 2016.