By: Garcia S.B. No. 128
(In the Senate - Filed November 14, 2016; January 25, 2017,
read first time and referred to Committee on Transportation;
March 27, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; March 27, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 128 By: Garcia
A BILL TO BE ENTITLED
AN ACT
relating to the inclusion of education and training regarding human
trafficking in the curriculum of commercial driver's license
training programs offered by public junior colleges and career
schools and colleges and to certain requirements for commercial
driver's licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 130, Education Code, is
amended by adding Section 130.0105 to read as follows:
Sec. 130.0105. COMMERCIAL DRIVER'S LICENSE TRAINING
PROGRAM; CERTAIN CURRICULUM REQUIREMENTS. (a) The Texas Higher
Education Coordinating Board by rule shall require each public
junior college offering a commercial driver's license training
program to include as a part of that program education and training
on the recognition and prevention of human trafficking.
(b) The Texas Higher Education Coordinating Board, in
collaboration with the office of the attorney general, shall
establish the content of the education and training required by
this section.
SECTION 2. Subchapter A, Chapter 132, Education Code, is
amended by adding Section 132.006 to read as follows:
Sec. 132.006. COMMERCIAL DRIVER'S LICENSE TRAINING
PROGRAM; CERTAIN CURRICULUM REQUIREMENTS. (a) The commission by
rule shall require each career school or college offering a
commercial driver's license training program to include as a part
of that program education and training on the recognition and
prevention of human trafficking.
(b) The commission, in collaboration with the office of the
attorney general, shall establish the content of the education and
training required by this section.
SECTION 3. Section 522.022, Transportation Code, is amended
to read as follows:
Sec. 522.022. LICENSE REQUIREMENTS. The department may not
issue a commercial driver's license other than a non-domiciled
license to a person unless the person:
(1) has a domicile:
(A) in this state; or
(B) in another state and is a member of the United
States armed forces, including a member of the National Guard or a
reserve or auxiliary unit of any branch of the armed forces, whose
temporary or permanent duty station is located in this state;
(2) has passed knowledge and skills tests for driving
a commercial motor vehicle that:
(A) comply with minimal federal standards
established by 49 C.F.R. Part 383, Subparts G and H; and
(B) include questions prescribed by the
department under Section 522.035 regarding the recognition and
prevention of human trafficking; and
(3) has satisfied the requirements imposed by the
federal act, federal regulation, or state law.
SECTION 4. Subchapter C, Chapter 522, Transportation Code,
is amended by adding Section 522.035 to read as follows:
Sec. 522.035. RECOGNITION AND PREVENTION OF HUMAN
TRAFFICKING. (a) The department by rule shall prescribe questions
for the commercial driver's license knowledge and skills tests
required by Section 522.022 regarding the recognition and
prevention of human trafficking. In adopting rules under this
subsection, the department may consult with the Texas Higher
Education Coordinating Board, the Texas Workforce Commission, and
organizations that specialize in the recognition and prevention of
human trafficking.
(b) The department shall provide informational materials
regarding the recognition and prevention of human trafficking for
distribution to commercial driver's license applicants. The
department may coordinate with organizations that specialize in the
recognition and prevention of human trafficking to provide
informational materials as required by this subsection.
SECTION 5. (a) Not later than December 1, 2017, the Texas
Higher Education Coordinating Board shall adopt rules necessary to
implement Section 130.0105, Education Code, as added by this Act.
(b) Not later than December 1, 2017, the Texas Workforce
Commission shall adopt rules necessary to implement Section
132.006, Education Code, as added by this Act.
(c) Not later than December 1, 2017, the Department of
Public Safety shall adopt rules necessary to implement Section
522.035, Transportation Code, as added by this Act.
(d) The changes in law made by this Act apply only to an
application for an original commercial driver's license submitted
on or after December 1, 2017. An application for an original
commercial driver's license submitted before that date is governed
by the law in effect when the application was submitted, and the
former law is continued in effect for that purpose.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.
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