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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring that certain tests required for the issuance |
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of a driver's license or a commercial driver's license be conducted |
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in English. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 521.161(a), Transportation Code, is |
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amended to read as follows: |
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(a) Except as otherwise provided by this subchapter, the |
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department shall examine each applicant for a driver's license. |
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The examination shall be: |
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(1) conducted in English; and |
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(2) held in the county in which the applicant resides |
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or applies not later than the 10th day after the date on which the |
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application is made. |
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SECTION 2. Section 522.023(b), Transportation Code, is |
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amended to read as follows: |
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(b) The knowledge test must be conducted by the department |
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in English. The department shall provide each applicant who has a |
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reading impairment an opportunity to take the knowledge test orally |
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or, at the applicant's option, the applicant may have the questions |
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read to the applicant and may answer in writing. |
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SECTION 3. Section 522.043, Transportation Code, is amended |
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to read as follows: |
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Sec. 522.043. RESTRICTIONS; OFFENSE. (a) On issuing a |
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commercial driver's license, the department for good cause may |
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impose one or more restrictions suitable to the license holder's |
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driving ability and limitations, including restrictions: |
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(1) prohibiting the license holder from driving a |
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vehicle equipped with air brakes; and |
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(2) as provided by 49 C.F.R. Part 391, prohibiting |
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driving a commercial vehicle in interstate commerce by a person |
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who: |
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(A) is under 21 years of age; or |
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(B) does not meet applicable physical |
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guidelines[; or
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[(C)
cannot sufficiently read and speak the
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English language.
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[(b)
For purposes of this section, the department may not
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administer examinations or tests relating to the applicant's
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proficiency in the English language, but if an applicant cannot
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speak English sufficiently to communicate to department personnel
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the applicant's need for a commercial driver's license, the
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department may issue to the person a commercial driver's license
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restricted to operation in intrastate commerce]. |
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(b) [(c)] A person commits an offense if the person drives a |
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commercial motor vehicle in violation of a restriction. An offense |
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under this section is a Class C misdemeanor. |
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SECTION 4. Section 521.162, Transportation Code, is |
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repealed. |
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SECTION 5. The changes in law made by Sections 521.161(a), |
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522.023(b), and 522.043, Transportation Code, as amended by this |
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Act, and by the repeal of Section 521.162, Transportation Code, |
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apply only to an application for a driver's license or a commercial |
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driver's license that is filed on or after the effective date of |
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this Act. An application for a driver's license or a commercial |
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driver's license that was filed before the effective date of this |
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Act is governed by the law in effect immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2011. |