| 1 | 1 | | 87R7167 CXP-D |
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| 2 | 2 | | By: Thompson of Brazoria H.B. No. 2520 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the considerations when determining whether an operator |
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| 8 | 8 | | of a motor vehicle is an employee of a motor carrier or an |
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| 9 | 9 | | independent contractor. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subtitle F, Title 7, Transportation Code, is |
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| 12 | 12 | | amended by adding Chapter 644A to read as follows: |
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| 13 | 13 | | CHAPTER 644A. MOTOR CARRIER SAFETY IMPROVEMENT: EMPLOYMENT STATUS |
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| 14 | 14 | | Sec. 644A.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Motor carrier" has the meaning assigned by |
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| 16 | 16 | | Section 643.001. |
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| 17 | 17 | | (2) "Motor carrier safety improvement" means any |
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| 18 | 18 | | device, equipment, software, technology, procedure, training, |
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| 19 | 19 | | policy, program, or operational practice that is intended and |
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| 20 | 20 | | primarily used to improve or facilitate: |
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| 21 | 21 | | (A) compliance with traffic safety or motor |
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| 22 | 22 | | carrier safety laws; |
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| 23 | 23 | | (B) safety of a motor vehicle; |
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| 24 | 24 | | (C) safety of an operator of a motor vehicle; and |
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| 25 | 25 | | (D) safety of third-party users of public |
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| 26 | 26 | | roadways. |
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| 27 | 27 | | Sec. 644A.002. EMPLOYMENT STATUS. The deployment, |
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| 28 | 28 | | implementation, or use of a motor carrier safety improvement by or |
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| 29 | 29 | | as required by a motor carrier or a related entity, including |
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| 30 | 30 | | through contract, may not be considered when determining whether |
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| 31 | 31 | | the operator of a motor vehicle is an employee or joint employee of |
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| 32 | 32 | | the motor carrier or an independent contractor for purposes of |
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| 33 | 33 | | state law. |
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| 34 | 34 | | SECTION 2. This Act takes effect September 1, 2021. |
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