HBA-JEK S.B. 890 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 890 By: Ogden Public Safety 4/27/2001 Engrossed BACKGROUND AND PURPOSE The federal Motor Vehicle Safety Act of 1999 requires states to modify their commercial driver's licensing programs in order to continue issuing commercial driver's licenses. Senate Bill 890 modifies provisions regarding the issuance of and disqualification from commercial motor vehicle licenses. 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. ANALYSIS Senate Bill 890 amends the Code of Criminal Procedure to provide that the deferred disposition procedures and suspension of sentence provisions applicable to traffic offenses do not apply to an offense committed by a person who held a commercial driver's license at the time of the offense or who holds such a license when the person's plea is entered or the finding of guilt is made (Arts. 45.0511 and 45.0512). S.B. 890 amends the Transportation Code to prohibit a court from granting an occupational license for the operation of a commercial motor vehicle to which the Texas Commercial Driver's License Act applies (Sec. 521.242). The bill provides that it is a defense to prosecution for driving a commercial vehicle without an appropriate license if the person charged produces in court a commercial driver's license that was issued to the person, is appropriate for the class of vehicle being driven, and was valid at the time of the offense (Sec. 522.011). The bill specifies that a disqualification from the operation of a commercial motor vehicle applies only to a violation committed while operating a commercial motor vehicle, and that a person is disqualified from driving such a vehicle for 60 days if two serious traffic violations occur within a three-year period or one violation of a law regulating the operation of a motor vehicle occurs at a railroad grade crossing. A person is disqualified for 120 days if two violations relating to the operation of a motor vehicle at a railroad grade crossing occur within a three-year period. The bill provides a one year disqualification for a person who is convicted of three violations within a three-year period regarding the operation of a motor vehicle at a railroad crossing, a person convicted of causing the death of another person through negligent or criminal operation of a commercial motor vehicle, or a person convicted of driving a commercial motor vehicle while the person is disqualified from driving a commercial motor vehicle for an action or conduct that occurred while operating such a vehicle (Sec. 522.081). The bill specifies the offenses that are subject to notice and hearing procedures and specifies the offenses that result in automatic disqualification and may not be appealed (Sec. 522.087). S.B. 890 provides that an applicant for a nonresident commercial driver's license who is a resident of a foreign jurisdiction does not have to include a social security number in the application (Sec. 522.021). The bill authorizes the Department of Public Safety to issue a commercial driver's license with endorsements authorizing the driving of a school bus (Sec. 522.042). The bill prohibits an employer from knowingly requiring a driver to operate a commercial motor vehicle in violation of a federal, state, or local law that regulates the operation of a motor vehicle at a railroad grade crossing (Sec. 522.072). The bill specifies that a person driving a commercial motor vehicle implies consent to the taking of a specimen to determine the person's alcohol concentration or the presence of controlled substances or drugs only to a person stopped or detained while driving a commercial motor vehicle (Sec. 522.102). The bill provides that a peace officer requesting a person to submit a specimen under this provision is not required to comply with the requirements of a peace officer to provide the person with certain information before requesting a specimen (Sec. 522.103). The bill transfers the duties of the United States Department of Transportation's Federal Highway Administration regarding commercial driver's licenses to the Federal Motor Carrier Safety Administration (Secs. 522.003 and 522.012 and SECTION 16). EFFECTIVE DATE September 1, 2001.