88R10749 AJZ-D
By: Burns H.B. No. 2838
A BILL TO BE ENTITLED
AN ACT
relating to the exclusion of the operation of certain vehicles from
commercial driver's license requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 522.004(a), Transportation Code, is
amended to read as follows:
(a) This chapter does not apply to:
(1) a vehicle that is controlled and operated by a
farmer and:
(A) used to transport agricultural products,
farm machinery, or farm supplies to or from a farm;
(B) used within 150 miles of the person's farm;
and
(C) not used in the operations of a common or
contract motor carrier;
(2) a fire-fighting or emergency vehicle necessary to
the preservation of life or property or the execution of emergency
governmental functions, whether operated by an employee of a
political subdivision or by a volunteer fire fighter;
(3) a military vehicle or a commercial motor vehicle,
when operated for military purposes by military personnel,
including:
(A) active duty military personnel, including
personnel serving in the United States Coast Guard; and
(B) members of the reserves and national guard on
active duty, including personnel on full-time national guard duty,
personnel engaged in part-time training, and national guard
military technicians;
(4) a recreational vehicle that is driven for personal
use;
(5) a vehicle that is owned, leased, or controlled by
an air carrier, as defined by Section 21.155, and that is driven or
operated exclusively by an employee of the air carrier only on the
premises of an airport, as defined by Section 22.001, on service
roads to which the public does not have access;
(6) a vehicle used exclusively to transport seed
cotton modules or cotton burrs;
(7) a vehicle, including a vehicle described by
Section 504.502(i), that is:
(A) operated intrastate; and
(B) driven by an individual not for compensation
and not in the furtherance of a commercial enterprise; [or]
(8) a covered farm vehicle as defined by 49 C.F.R.
Section 390.5;
(9) a vehicle that:
(A) is operated only within 150 miles of the
vehicle's primary storage location;
(B) has a gross vehicle weight rating, gross
combination weight rating, or gross vehicle weight of 48,000 pounds
or less; and
(C) is not:
(i) equipped with air brakes;
(ii) designed to transport 16 or more
passengers, including the driver; or
(iii) transporting hazardous materials
that require placarding under 49 C.F.R. Part 172, Subpart F; or
(10) a vehicle that is owned or operated by an agency
of this state unless the vehicle is designed to transport 16 or more
passengers, including the driver.
SECTION 2. As soon as practicable after the effective date
of this Act, the comptroller of public accounts shall:
(1) determine whether any transfer of money for
deposit to the Texas mobility fund is necessary to comply with
Section 49-k, Article III, Texas Constitution; and
(2) transfer any amount determined to be necessary
under Subdivision (1) to the Texas mobility fund from the general
revenue fund.
SECTION 3. 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, 2023.