85R1207 BEE-D
By: Hernandez H.B. No. 564
A BILL TO BE ENTITLED
AN ACT
relating to a defense to prosecution for certain offenses involving
the operation or use of a commercial motor vehicle or other heavy
motor vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 502.473, Transportation Code, is amended
by adding Subsections (e) and (f) to read as follows:
(e) To the extent authorized by federal law, it is a defense
to prosecution for an offense under this section involving the
operation or use of a commercial motor vehicle that at the time of
the offense the defendant:
(1) was the operator of the commercial motor vehicle;
and
(2) was not the owner of the commercial motor vehicle.
(f) In this section, "commercial motor vehicle" has the
meaning assigned by Section 548.001.
SECTION 2. Section 504.943, Transportation Code, is amended
by adding Subsections (f) and (g) to read as follows:
(f) It is a defense to prosecution for an offense under this
section involving the operation or use of a commercial motor
vehicle that at the time of the offense the defendant:
(1) was the operator of the commercial motor vehicle;
and
(2) was not the owner of the commercial motor vehicle.
(g) In this section, "commercial motor vehicle" has the
meaning assigned by Section 548.001.
SECTION 3. Section 621.501, Transportation Code, is amended
by adding Subsection (c) to read as follows:
(c) To the extent authorized by federal law, it is a defense
to prosecution for an offense under this section that at the time of
the offense the defendant:
(1) was the operator of the vehicle; and
(2) was not the owner of the vehicle.
SECTION 4. Section 623.011, Transportation Code, is amended
by adding Subsection (h) to read as follows:
(h) To the extent authorized by federal law, it is a defense
to prosecution for an offense under Subsection (f) that at the time
of the offense the defendant:
(1) was the operator of the vehicle; and
(2) was not the owner of the vehicle.
SECTION 5. Section 643.253, Transportation Code, is amended
by adding Subsections (g) and (h) to read as follows:
(g) To the extent authorized by federal law, it is a defense
to prosecution for an offense under Subsection (a)(3) involving the
operation or use of a commercial motor vehicle that at the time of
the offense the defendant:
(1) was the operator of the commercial motor vehicle;
and
(2) was not the owner of the commercial motor vehicle.
(h) In this section, "commercial motor vehicle" has the
meaning assigned by Section 548.001.
SECTION 6. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 7. This Act takes effect September 1, 2017.