Texas 2023 - 88th Regular

Texas House Bill HB3646 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 3646
2	2
3	3
4	4	AN ACT
5	5	relating to certain regulations regarding commercial driver's
6	6	licenses.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 522.003(5), Transportation Code, is
9	9	amended to read as follows:
10	10	(5) "Commercial motor vehicle" has the meaning
11	11	assigned by 49 C.F.R. Section 383.5 [means a motor vehicle or
12	12	combination of motor vehicles used to transport passengers or
13	13	property that:
14	14	[(A) has a gross combination weight or a gross
15	15	combination weight rating of 26,001 or more pounds, including a
16	16	towed unit with a gross vehicle weight or a gross vehicle weight
17	17	rating of more than 10,000 pounds;
18	18	[(B) has a gross vehicle weight or a gross
19	19	vehicle weight rating of 26,001 or more pounds;
20	20	[(C) is designed to transport 16 or more
21	21	passengers, including the driver; or
22	22	[(D) is transporting hazardous materials and is
23	23	required to be placarded under 49 C.F.R. Part 172, Subpart F].
24	24	SECTION 2. Section 522.021(a-1), Transportation Code, is
25	25	amended to read as follows:
26	26	(a-1) If the application is for a non-domiciled commercial
27	27	driver's license and the applicant is domiciled in a foreign
28	28	jurisdiction that does not meet the testing and licensing standards
29	29	established by 49 C.F.R. Part 383, the applicant must present:
30	30	(1) a social security card issued to the applicant;
31	31	(2) an unexpired foreign passport issued to the
32	32	applicant;
33	33	(3) [either:
34	34	[(A)] a Form I-94 Arrival/Departure record or a
35	35	successor document [;] or
36	36	[(B)] an unexpired employment authorization
37	37	document; and
38	38	(4) documentation demonstrating proof of Texas
39	39	residence as provided by Section 522.0225.
40	40	SECTION 3. The heading to Section 522.0235, Transportation
41	41	Code, is amended to read as follows:
42	42	Sec. 522.0235. ALTERNATIVE [WAIVER OF] VISUAL STANDARDS FOR
43	43	INTRASTATE DRIVER.
44	44	SECTION 4. Section 522.0235(a), Transportation Code, is
45	45	amended to read as follows:
46	46	(a) Except as provided by Subsection (b), the department by
47	47	rule may use the alternative visual acuity standard prescribed by
48	48	49 C.F.R. Section 391.44 if an individual does not meet [provide for
49	49	a waiver of] the visual acuity standard [standards] for a
50	50	commercial driver's license prescribed by [in] 49 C.F.R. Section
51	51	391.41 [Part 391, Subpart E,] if the person who is applying for a
52	52	commercial driver's license or who has been issued a commercial
53	53	driver's license is a person who drives a commercial motor vehicle
54	54	only in this state.
55	55	SECTION 5. The changes in law made by this Act apply only to
56	56	an application for a commercial driver's license submitted on or
57	57	after the effective date of this Act. An application for a
58	58	commercial driver's license submitted before the effective date of
59	59	this Act is governed by the law in effect on the date the
60	60	application was submitted, and the former law is continued in
61	61	effect for that purpose.
62	62	SECTION 6. This Act takes effect September 1, 2023.
63	63	______________________________ ______________________________
64	64	President of the Senate Speaker of the House
65	65	I certify that H.B. No. 3646 was passed by the House on May 2,
66	66	2023, by the following vote: Yeas 138, Nays 6, 3 present, not
67	67	voting.
68	68	______________________________
69	69	Chief Clerk of the House
70	70	I certify that H.B. No. 3646 was passed by the Senate on May
71	71	21, 2023, by the following vote: Yeas 31, Nays 0.
72	72	______________________________
73	73	Secretary of the Senate
74	74	APPROVED: _____________________
75	75	Date
76	76	_____________________
77	77	Governor