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AN ACT
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relating to the operation of commercial motor vehicles and vehicles |
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used exclusively to transport waste. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subdivision (5), Section 522.003, |
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Transportation Code, is amended to read as follows: |
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(5) "Commercial motor vehicle" means a motor vehicle |
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or combination of motor vehicles used to transport passengers or |
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property that: |
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(A) has a gross combination weight or a gross |
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combination weight rating of 26,001 or more pounds, including a |
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towed unit with a gross vehicle weight or a gross vehicle weight |
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rating of more than 10,000 pounds; |
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(B) has a gross vehicle weight or a gross vehicle |
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weight rating of 26,001 or more pounds; |
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(C) is designed to transport 16 or more |
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passengers, including the driver; or |
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(D) is transporting hazardous materials and is |
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required to be placarded under 49 C.F.R. Part 172, Subpart F. |
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SECTION 2. Subsection (a), Section 522.072, Transportation |
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Code, as amended by Chapters 13 (S.B. 332) and 424 (S.B. 1372), Acts |
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of the 80th Legislature, Regular Session, 2007, is reenacted to |
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read as follows: |
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(a) An employer may not knowingly permit a person to drive a |
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commercial motor vehicle during a period in which: |
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(1) the person has been denied the privilege of |
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driving a commercial motor vehicle; |
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(2) the person is disqualified from driving a |
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commercial motor vehicle; |
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(3) the person, the person's employer, or the vehicle |
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being operated is subject to an out-of-service order in a state; or |
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(4) the person has more than one commercial driver's |
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license, except during the 10-day period beginning on the date the |
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person is issued a driver's license. |
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SECTION 3. Subsection (b), Section 545.301, Transportation |
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Code, is amended to read as follows: |
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(b) This section does not apply to an operator of: |
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(1) a vehicle that is disabled while on the paved or |
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main traveled part of a highway if it is impossible to avoid |
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stopping and temporarily leaving the vehicle on the highway; or |
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(2) a vehicle used exclusively to transport solid, |
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semisolid, or liquid waste operated at the time in connection with |
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the removal or transportation of solid, semisolid, or liquid waste |
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from a location adjacent to the highway. |
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SECTION 4. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1093 passed the Senate on |
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April 23, 2009, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendment on May 29, 2009, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1093 passed the House, with |
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amendment, on May 26, 2009, by the following vote: Yeas 144, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |