| 1 | 1 | | 88R10749 AJZ-D |
|---|
| 2 | 2 | | By: Burns H.B. No. 2838 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the exclusion of the operation of certain vehicles from |
|---|
| 8 | 8 | | commercial driver's license requirements. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 522.004(a), Transportation Code, is |
|---|
| 11 | 11 | | amended to read as follows: |
|---|
| 12 | 12 | | (a) This chapter does not apply to: |
|---|
| 13 | 13 | | (1) a vehicle that is controlled and operated by a |
|---|
| 14 | 14 | | farmer and: |
|---|
| 15 | 15 | | (A) used to transport agricultural products, |
|---|
| 16 | 16 | | farm machinery, or farm supplies to or from a farm; |
|---|
| 17 | 17 | | (B) used within 150 miles of the person's farm; |
|---|
| 18 | 18 | | and |
|---|
| 19 | 19 | | (C) not used in the operations of a common or |
|---|
| 20 | 20 | | contract motor carrier; |
|---|
| 21 | 21 | | (2) a fire-fighting or emergency vehicle necessary to |
|---|
| 22 | 22 | | the preservation of life or property or the execution of emergency |
|---|
| 23 | 23 | | governmental functions, whether operated by an employee of a |
|---|
| 24 | 24 | | political subdivision or by a volunteer fire fighter; |
|---|
| 25 | 25 | | (3) a military vehicle or a commercial motor vehicle, |
|---|
| 26 | 26 | | when operated for military purposes by military personnel, |
|---|
| 27 | 27 | | including: |
|---|
| 28 | 28 | | (A) active duty military personnel, including |
|---|
| 29 | 29 | | personnel serving in the United States Coast Guard; and |
|---|
| 30 | 30 | | (B) members of the reserves and national guard on |
|---|
| 31 | 31 | | active duty, including personnel on full-time national guard duty, |
|---|
| 32 | 32 | | personnel engaged in part-time training, and national guard |
|---|
| 33 | 33 | | military technicians; |
|---|
| 34 | 34 | | (4) a recreational vehicle that is driven for personal |
|---|
| 35 | 35 | | use; |
|---|
| 36 | 36 | | (5) a vehicle that is owned, leased, or controlled by |
|---|
| 37 | 37 | | an air carrier, as defined by Section 21.155, and that is driven or |
|---|
| 38 | 38 | | operated exclusively by an employee of the air carrier only on the |
|---|
| 39 | 39 | | premises of an airport, as defined by Section 22.001, on service |
|---|
| 40 | 40 | | roads to which the public does not have access; |
|---|
| 41 | 41 | | (6) a vehicle used exclusively to transport seed |
|---|
| 42 | 42 | | cotton modules or cotton burrs; |
|---|
| 43 | 43 | | (7) a vehicle, including a vehicle described by |
|---|
| 44 | 44 | | Section 504.502(i), that is: |
|---|
| 45 | 45 | | (A) operated intrastate; and |
|---|
| 46 | 46 | | (B) driven by an individual not for compensation |
|---|
| 47 | 47 | | and not in the furtherance of a commercial enterprise; [or] |
|---|
| 48 | 48 | | (8) a covered farm vehicle as defined by 49 C.F.R. |
|---|
| 49 | 49 | | Section 390.5; |
|---|
| 50 | 50 | | (9) a vehicle that: |
|---|
| 51 | 51 | | (A) is operated only within 150 miles of the |
|---|
| 52 | 52 | | vehicle's primary storage location; |
|---|
| 53 | 53 | | (B) has a gross vehicle weight rating, gross |
|---|
| 54 | 54 | | combination weight rating, or gross vehicle weight of 48,000 pounds |
|---|
| 55 | 55 | | or less; and |
|---|
| 56 | 56 | | (C) is not: |
|---|
| 57 | 57 | | (i) equipped with air brakes; |
|---|
| 58 | 58 | | (ii) designed to transport 16 or more |
|---|
| 59 | 59 | | passengers, including the driver; or |
|---|
| 60 | 60 | | (iii) transporting hazardous materials |
|---|
| 61 | 61 | | that require placarding under 49 C.F.R. Part 172, Subpart F; or |
|---|
| 62 | 62 | | (10) a vehicle that is owned or operated by an agency |
|---|
| 63 | 63 | | of this state unless the vehicle is designed to transport 16 or more |
|---|
| 64 | 64 | | passengers, including the driver. |
|---|
| 65 | 65 | | SECTION 2. As soon as practicable after the effective date |
|---|
| 66 | 66 | | of this Act, the comptroller of public accounts shall: |
|---|
| 67 | 67 | | (1) determine whether any transfer of money for |
|---|
| 68 | 68 | | deposit to the Texas mobility fund is necessary to comply with |
|---|
| 69 | 69 | | Section 49-k, Article III, Texas Constitution; and |
|---|
| 70 | 70 | | (2) transfer any amount determined to be necessary |
|---|
| 71 | 71 | | under Subdivision (1) to the Texas mobility fund from the general |
|---|
| 72 | 72 | | revenue fund. |
|---|
| 73 | 73 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 74 | 74 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 75 | 75 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 76 | 76 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 77 | 77 | | Act takes effect September 1, 2023. |
|---|