HBA-MPA, CDB S.B. 836 76(R)BILL ANALYSIS


Office of House Bill AnalysisS.B. 836
By: Duncan
Transportation
5/18/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Currently, Texas law requires all school buses carrying students to travel
at speeds not exceeding 55 miles per hour on an interstate and 50 miles per
hour elsewhere. In certain school districts that travel long distances to
extracurricular activities,  students must leave class earlier, and arrive
home later. S.B. 836 increases the speed limit for certain buses used to
transport students to school activities. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 541.201, Transportation Code, as follows:

(15) Adds new text to define "school activity bus."

(16) Redefines "school bus."  Redesignated from Subdivision (15).

(17)-(23) Redesiganted from Subdivisions (16)-(22).

SECTION 2. Amends Section 545.352(c), Transportation Code,  to provide that
the speed limits for a bus or other vehicle engaged in the business of
transporting passengers for compensation or hire, for a commercial vehicle
used as a highway post office vehicle for highway post office service in
the transportation of United States mail, for a light truck, and for a
school activity bus are the same as required for a passenger car at the
same time and location. 

SECTION 3. Amends Section 521.022, Transportation Code, by adding
Subsection (i), to provide that for the purposes of this section, "school
bus" includes a school activity bus as defined by Section 541.201
(Vehicles). 

SECTION 4. Amends Section 548.001, Transportation Code, to make conforming
changes. 

SECTION 5. Amends Section 548.201(b), Transportation Code, to include that
an inspection program for commercial motor vehicles under this section also
applies to any school activity bus, as defined in Section 541.201, that has
a gross weight, registered weight, or gross weight rating of more than
26,000 pounds, or is designed to transport more than 15 passengers,
including the driver. 

SECTION 6. Emergency clause.
Effective date: upon passage.

EXPLANATION OF AMENDMENTS

Amendment #1. 

Amends S.B. 836 by adding a new SECTION 6 and renumbering subsequent
sections as appropriate. 

 SECTION 6.  Amends Section 547.701, Transportation Code, by amending
Subsection (a), redesignating existing Subsections (b)-(d) as (d)-(f), and
adding new Subsections (b), (c), (g), (h), and (i), as follows:  

(a) Prohibits a person from operating a school bus to transport students on
a school bus route unless the bus, as referenced in Section 547.7015 (Rules
Relating to School Buses): 

(1) meets or exceeds state specifications for school buses effective during
the year of vehicle  manufacture; 
(2) is equipped with signal lamps that meet certain enumerated standards;
(3) is maintained to meet and exceed applicable state inspection standards;
and   
(4) if modified, is modified in a manner that meets or exceeds applicable
state specifications for school buses effective during the year the bus is
modified. 

 Deletes existing text of Subsection (a) setting standards for mirrors and
signal lamps. 

(b) Provides that Subsection (a)(1) does not apply to a school bus used to
transport students on a school related activity trip, but prohibits a
person from operating  a school bus to transport students on such a trip
unless the bus meets or exceeds federal motor vehicle safety standards
during the year of vehicle manufacture and state inspection requirements if
modified, is modified in a manner that meets or exceeds applicable state
specifications for school buses effective during the year the bus is
modified. 

(c) Prohibits a person from operating a school bus to transport students
unless the bus accessories: 

(1) meet or exceed state specifications under Section 547.7015 for school
bus accessories effective during the year of accessory installation; 
(2) include a convex mirror that reflects to the bus operator a clear view
of the area immediately in front of the bus; 
(3) are maintained to meet or exceed applicable state inspection
requirements; and 
(4) if modified, are modified in a manner that meets or exceeds applicable
state specifications for the accessory effective during the year the
accessory is modified. 

(g) Provides that the Department of Public Safety is authorized to inspect
buses and vehicles for compliance with this section. 

(h) Defines "person," for purposes of this section.

(i) Provides that an offense under this subsection is a misdemeanor
punishable by a fine of not less than $200 or more than $1,000 to the owner
of the bus.