| 1 | 1 | | 87R7629 JAM-D |
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| 2 | 2 | | By: Ellzey H.B. No. 3275 |
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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 exclusion of the operation of certain vehicles used |
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| 8 | 8 | | to transport property from commercial driver's license |
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| 9 | 9 | | requirements. |
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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. Section 522.004(a), Transportation Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (a) This chapter does not apply to: |
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| 14 | 14 | | (1) a vehicle that is controlled and operated by a |
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| 15 | 15 | | farmer and: |
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| 16 | 16 | | (A) used to transport agricultural products, |
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| 17 | 17 | | farm machinery, or farm supplies to or from a farm; |
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| 18 | 18 | | (B) used within 150 miles of the person's farm; |
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| 19 | 19 | | and |
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| 20 | 20 | | (C) not used in the operations of a common or |
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| 21 | 21 | | contract motor carrier; |
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| 22 | 22 | | (2) a fire-fighting or emergency vehicle necessary to |
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| 23 | 23 | | the preservation of life or property or the execution of emergency |
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| 24 | 24 | | governmental functions, whether operated by an employee of a |
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| 25 | 25 | | political subdivision or by a volunteer fire fighter; |
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| 26 | 26 | | (3) a military vehicle or a commercial motor vehicle, |
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| 27 | 27 | | when operated for military purposes by military personnel, |
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| 28 | 28 | | including: |
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| 29 | 29 | | (A) active duty military personnel, including |
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| 30 | 30 | | personnel serving in the United States Coast Guard; and |
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| 31 | 31 | | (B) members of the reserves and national guard on |
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| 32 | 32 | | active duty, including personnel on full-time national guard duty, |
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| 33 | 33 | | personnel engaged in part-time training, and national guard |
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| 34 | 34 | | military technicians; |
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| 35 | 35 | | (4) a recreational vehicle that is driven for personal |
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| 36 | 36 | | use; |
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| 37 | 37 | | (5) a vehicle that is owned, leased, or controlled by |
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| 38 | 38 | | an air carrier, as defined by Section 21.155, and that is driven or |
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| 39 | 39 | | operated exclusively by an employee of the air carrier only on the |
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| 40 | 40 | | premises of an airport, as defined by Section 22.001, on service |
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| 41 | 41 | | roads to which the public does not have access; |
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| 42 | 42 | | (6) a vehicle used exclusively to transport seed |
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| 43 | 43 | | cotton modules or cotton burrs; |
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| 44 | 44 | | (7) a vehicle, including a vehicle described by |
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| 45 | 45 | | Section 504.502(i), that is: |
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| 46 | 46 | | (A) operated intrastate; and |
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| 47 | 47 | | (B) driven by an individual not for compensation |
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| 48 | 48 | | and not in the furtherance of a commercial enterprise; [or] |
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| 49 | 49 | | (8) a covered farm vehicle as defined by 49 C.F.R. |
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| 50 | 50 | | Section 390.5; or |
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| 51 | 51 | | (9) a vehicle that is operated intrastate: |
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| 52 | 52 | | (A) at an actual gross vehicle weight or a gross |
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| 53 | 53 | | vehicle weight rating, whichever is greater, of less than 48,000 |
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| 54 | 54 | | pounds; |
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| 55 | 55 | | (B) to transport property in the furtherance of a |
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| 56 | 56 | | primary business other than transportation; and |
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| 57 | 57 | | (C) by a person whose primary business is the |
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| 58 | 58 | | business for which the property is being transported. |
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| 59 | 59 | | SECTION 2. This Act takes effect September 1, 2021. |
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