85R662 JRR-D
By: Phillips H.B. No. 644
A BILL TO BE ENTITLED
AN ACT
relating to criminal liability for certain federal motor carrier
safety regulation violations; creating a criminal offense;
increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 644.151, Transportation Code, is amended
by amending Subsections (a) and (b) and adding Subsections (b-1)
and (d) to read as follows:
(a) A person commits an offense if the person:
(1) violates a rule adopted under this chapter; [or]
(2) does not permit an inspection authorized under
Section 644.104; or
(3) knowingly operates a commercial motor vehicle in
violation of 49 C.F.R. Section 385.13, as that regulation existed
on September 1, 2016, or owns, leases, or assigns a person to drive
a commercial motor vehicle that is knowingly operated in violation
of 49 C.F.R. Section 385.13, as that regulation existed on
September 1, 2016.
(b) Except as provided by Subsection (d), an [An] offense
under Subsection (a)(1) or (2) [this section] is a Class C
misdemeanor.
(b-1) An offense under Subsection (a)(3) is a Class A
misdemeanor, except that the offense is:
(1) 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; or
(2) a felony of the second degree 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.
(d) An offense under Subsection (a)(1) or (2) relating to
brakes, tires, or load securement is a Class C misdemeanor
punishable by a fine of not less than $150 or more than $500 if the
offense involves a violation of:
(1) a regulation under 49 C.F.R. Part 393, Subpart C,
as that regulation existed on September 1, 2016;
(2) 49 C.F.R. Section 393.75, as that regulation
existed on September 1, 2016; or
(3) a regulation under 49 C.F.R. Part 393, Subpart I,
as that regulation existed on September 1, 2016.
SECTION 2. 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 3. This Act takes effect September 1, 2017.