85R21384 JRR-D
By: Phillips H.B. No. 644
Substitute the following for H.B. No. 644:
By: Phillips C.S.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.
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 Subsection (b-1) 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 an out-of-service order issued under 49 C.F.R. Section
385.13(d)(1) or owns, leases, or assigns a person to drive a
commercial motor vehicle that is knowingly operated in violation of
an out-of-service order issued under 49 C.F.R. Section
385.13(d)(1).
(b) 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.
SECTION 2. This Act takes effect September 1, 2017.