| 1 | 1 | | 85R21384 JRR-D |
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| 2 | 2 | | By: Phillips H.B. No. 644 |
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| 3 | 3 | | Substitute the following for H.B. No. 644: |
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| 4 | 4 | | By: Phillips C.S.H.B. No. 644 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to criminal liability for certain federal motor carrier |
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| 10 | 10 | | safety regulation violations; creating a criminal offense. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 644.151, Transportation Code, is amended |
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| 13 | 13 | | by amending Subsections (a) and (b) and adding Subsection (b-1) to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | (a) A person commits an offense if the person: |
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| 16 | 16 | | (1) violates a rule adopted under this chapter; [or] |
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| 17 | 17 | | (2) does not permit an inspection authorized under |
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| 18 | 18 | | Section 644.104; or |
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| 19 | 19 | | (3) knowingly operates a commercial motor vehicle in |
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| 20 | 20 | | violation of an out-of-service order issued under 49 C.F.R. Section |
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| 21 | 21 | | 385.13(d)(1) or owns, leases, or assigns a person to drive a |
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| 22 | 22 | | commercial motor vehicle that is knowingly operated in violation of |
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| 23 | 23 | | an out-of-service order issued under 49 C.F.R. Section |
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| 24 | 24 | | 385.13(d)(1). |
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| 25 | 25 | | (b) An offense under Subsection (a)(1) or (2) [this section] |
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| 26 | 26 | | is a Class C misdemeanor. |
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| 27 | 27 | | (b-1) An offense under Subsection (a)(3) is a Class A |
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| 28 | 28 | | misdemeanor, except that the offense is: |
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| 29 | 29 | | (1) a state jail felony if it is shown on the trial of |
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| 30 | 30 | | the offense that at the time of the offense the commercial motor |
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| 31 | 31 | | vehicle was involved in a motor vehicle accident that resulted in |
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| 32 | 32 | | bodily injury; or |
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| 33 | 33 | | (2) a felony of the second degree if it is shown on the |
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| 34 | 34 | | trial of the offense that at the time of the offense the commercial |
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| 35 | 35 | | motor vehicle was involved in a motor vehicle accident that |
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| 36 | 36 | | resulted in the death of a person. |
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| 37 | 37 | | SECTION 2. This Act takes effect September 1, 2017. |
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