H.B. No. 1888
 
 
 
 
AN ACT
  relating to commercial driver's licenses and commercial learner's
  permits and the operation of commercial motor vehicles; authorizing
  a fee; increasing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 502.047(a), Transportation Code, is
  amended to read as follows:
         (a)  Except as provided by Chapter 548, the [The] department
  and the Department of Public Safety shall ensure compliance with
  the motor vehicle inspection requirements under Chapter 548,
  including compliance with the motor vehicle emissions inspection
  and maintenance program under Subchapter F of that chapter, through
  a vehicle registration-based enforcement system.
         SECTION 2.  Section 521.059(a), Transportation Code, is
  amended to read as follows:
         (a)  The department shall establish an image verification
  system based on the following identifiers collected by the
  department under Section 521.142(b):
               (1)  an applicant's facial image; and
               (2)  an applicant's thumbprints or, if thumbprints
  cannot be taken, the index fingerprints of the applicant.
         SECTION 3.  Section 522.003, Transportation Code, is amended
  by amending Subdivisions (4), (12), (22), and (23) and adding
  Subdivisions (22-a) and (23-a) to read as follows:
               (4)  "Commercial [driver] learner's permit" means a
  permit [commercial driver's license] that restricts the holder to
  driving a commercial motor vehicle as provided by Section
  522.011(a)(2)(B).
               (12)  "Driver's license" has the meaning assigned by
  Section 521.001, except the term does not include a commercial
  learner's permit unless otherwise provided by this chapter.
               (22)  "Non-domiciled [Nonresident] commercial driver's
  license" means a commercial driver's license issued by a state to an
  individual who is domiciled [resides] in a foreign jurisdiction.
               (22-a)  "Non-domiciled commercial learner's permit"
  means a commercial learner's permit issued by a state to an
  individual who is domiciled in a foreign jurisdiction.
               (23)  "Out-of-service order" means:
                     (A)  a temporary prohibition against driving a
  commercial motor vehicle issued under Section 522.101, the law of
  another state, [or] 49 C.F.R. Section 383.5, 386.72, 392.5, 392.9a,
  395.13, or 396.9, a law compatible with those federal regulations,
  or the North American Standard Out-of-Service Criteria; or
                     (B)  a declaration by the Federal Motor Carrier
  Safety Administration or an authorized enforcement officer of a
  state or local jurisdiction that a driver, commercial motor
  vehicle, or motor carrier operation is out of service under 49
  C.F.R. Section 383.5, 386.72, 392.5, 392.9a, 395.13, or 396.9, a
  law compatible with those federal regulations, or the North
  American Standard Out-of-Service Criteria.
               (23-a)  "Person" includes the United States, a state,
  or a political subdivision of a state.
         SECTION 4.  Section 522.011, Transportation Code, is amended
  by amending Subsections (a) and (c) and adding Subsections (e) and
  (f) to read as follows:
         (a)  A person may not drive a commercial motor vehicle
  unless:
               (1)  the person:
                     (A)  has in the person's immediate possession a
  commercial driver's license issued by the department appropriate
  for the class of vehicle being driven; and
                     (B)  is not disqualified or subject to an
  out-of-service order;
               (2)  the person:
                     (A)  has in the person's immediate possession a
  commercial [driver] learner's permit and driver's license issued by
  the department; and
                     (B)  is accompanied by the holder of a commercial
  driver's license issued by the department with any necessary
  endorsements appropriate for the class of vehicle being driven, and
  the license holder:
                           (i)  for the purpose of giving instruction
  in driving the vehicle, at all times occupies a seat beside the
  permit holder or, in the case of a passenger vehicle, directly
  behind the driver in a location that allows for direct observation
  and supervision of the permit holder [for the purpose of giving
  instruction in driving the vehicle]; and
                           (ii)  is not disqualified or subject to an
  out-of-service order; or
               (3)  the person is authorized to drive the vehicle
  under Section 522.015.
         (c)  An offense under this section is a [Class C] misdemeanor
  punishable by a fine not to exceed $500, except that the offense is
  a misdemeanor punishable by a fine not to exceed $1,000 if it is
  shown on the trial of the offense that the defendant was convicted
  of an offense under this section in the year preceding the date of
  the offense that is the subject of the trial.
         (e)  It is a defense to prosecution for a violation of
  Subsection (a)(2)(A) if the person charged produces in court a
  commercial learner's permit or driver's license, as appropriate,
  that:
               (1)  was issued to the person; and
               (2)  was valid when the offense was committed.
         (f)  The court may assess a defendant an administrative fee
  not to exceed $10 if a charge under this section is dismissed
  because of the defense listed under Subsection (e).
         SECTION 5.  Section 522.013, Transportation Code, is amended
  to read as follows:
         Sec. 522.013.  NON-DOMICILED [NONRESIDENT] LICENSE OR
  PERMIT. (a)  The department may issue a non-domiciled
  [nonresident] commercial driver's license or commercial learner's
  permit to a person domiciled in [resident of] a foreign
  jurisdiction if the secretary has determined that the commercial
  motor vehicle testing and licensing standards in the foreign
  jurisdiction do not meet the testing standards established by 49
  C.F.R. Part 383.
         (b)  An applicant for a non-domiciled commercial driver's
  license must surrender any non-domiciled [nonresident] commercial
  driver's license issued by another state.
         (c)  Before issuing a non-domiciled [nonresident] commercial
  driver's license, the department must establish the practical
  capability of disqualifying the person under the conditions
  applicable to a commercial driver's license issued to a resident of
  this state. Before issuing a non-domiciled commercial learner's
  permit, the department must establish the practical capability of
  disqualifying the person under the conditions applicable to a
  commercial learner's permit issued to a resident of this state.
         (d)  "Non-domiciled" ["Nonresident"] must appear on the face
  of a license or permit issued under this section.
         (e)  The department may issue a temporary non-domiciled
  [nonresident] commercial driver's license to a person who does not
  present a social security card as required by Section
  522.021(a-1)(1) but who otherwise meets the requirements for a
  non-domiciled [nonresident] commercial driver's license, including
  the requirement that the commercial motor vehicle testing and
  licensing standards of the country of which the applicant is
  domiciled [a resident] not meet the testing and licensing standards
  established by 49 C.F.R. Part 383.  A license issued under this
  subsection:
               (1)  expires on the earlier of:
                     (A)  the 60th day after the date the license is
  issued; or
                     (B)  [the expiration date of the visa presented
  under Section 522.021(a-1)(2)(B); or
                     [(C)]  the expiration date of any [the] Form I-94
  Arrival/Departure record, or a successor document, presented under
  Section 522.021(a-1) [522.021(a-1)(2)(C)]; and
               (2)  may not be renewed.
         (f)  The department may not issue more than one temporary
  non-domiciled [nonresident] commercial driver's license to a
  person.
         SECTION 6.  Section 522.014, Transportation Code, is amended
  to read as follows:
         Sec. 522.014.  PERMIT. (a)  The department may issue a
  commercial [driver] learner's permit to an individual who:
               (1)  has been issued a driver's license by the
  department; and
               (2)  has passed the vision and written tests required
  for [a Texas driver's license appropriate for] the class of vehicle
  to be driven.
         (b)  A commercial learner's permit must be a separate
  document from a driver's license or a commercial driver's license.
         (c)  The issuance of a commercial learner's permit is
  required for:
               (1)  the initial issuance of a commercial driver's
  license; or
               (2)  the upgrade in classification of a commercial
  driver's license that requires a skills test.
         (d)  A commercial learner's permit holder may not take a
  commercial driver's license skills test before the 15th day after
  the date of the issuance of the permit.
         SECTION 7.  Section 522.015, Transportation Code, is amended
  to read as follows:
         Sec. 522.015.  LICENSE OR PERMIT ISSUED BY OTHER
  JURISDICTION. A person may drive a commercial motor vehicle in this
  state if:
               (1)  the person has a commercial driver's license or a
  commercial [driver] learner's permit issued by:
                     (A)  another state in accordance with the minimum
  federal standards for the issuance of a commercial motor vehicle
  driver's license; or
                     (B)  a foreign jurisdiction the testing and
  licensing standards of which the United States Department of
  Transportation has determined meet the requirements of the federal
  act;
               (2)  the person's license or permit is appropriate for
  the class of vehicle being driven;
               (3)  the person is not disqualified from driving a
  commercial motor vehicle and is not subject to an out-of-service
  order; [and]
               (4)  the person has not had a domicile in this state for
  more than 30 days; and
               (5)  if the person has a permit, the person also has a
  driver's license issued by the same jurisdiction that issued the
  permit.
         SECTION 8.  Sections 522.021(a), (a-1), and (d),
  Transportation Code, are amended to read as follows:
         (a)  An application for a commercial driver's license or
  commercial [driver] learner's permit must include:
               (1)  the full name and current residence and mailing
  address of the applicant;
               (2)  a physical description of the applicant, including
  sex, height, and eye color;
               (3)  the applicant's date of birth;
               (4)  the applicant's social security number, unless the
  application is for a non-domiciled [nonresident] commercial
  driver's license and the applicant is domiciled in [a resident of] a
  foreign jurisdiction;
               (5)  certifications, including those required by 49
  C.F.R. Section 383.71(a); and
               (6)  any other information required by the department.
         (a-1)  If the application is for a non-domiciled
  [nonresident] commercial driver's license and the applicant is
  domiciled in [a resident of] a foreign jurisdiction that does not
  meet the testing and licensing standards established by 49 C.F.R.
  Part 383, the applicant must present:
               (1)  a social security card issued to the applicant;
  [and]
               (2)  an unexpired foreign passport issued to the
  applicant;
               (3)  either:
                     (A)  a Form I-94 Arrival/Departure record or a
  successor document; or
                     (B)  an unexpired employment authorization
  document; and
               (4)  documentation demonstrating proof of Texas
  residence as provided by Section 522.0225 [each of the following:
                     [(A)     a passport issued to the applicant by the
  country of which the applicant is a resident;
                     [(B)  a Temporary Worker visa; and
                     [(C)     a Form I-94 Arrival/Departure record or a
  successor document].
         (d)  A person who knowingly falsifies information or a
  certification required by Subsection (a) commits an offense and is
  subject to a 60-day disqualification [cancellation] of the person's
  commercial driver's license, commercial [driver] learner's permit,
  or application. An offense under this subsection is a Class C
  misdemeanor.
         SECTION 9.  Section 522.022, Transportation Code, is amended
  to read as follows:
         Sec. 522.022.  LICENSE REQUIREMENTS.  The department may
  not issue a commercial driver's license other than a non-domiciled
  [nonresident] license to a person unless the person:
               (1)  has a domicile:
                     (A)  in this state; or
                     (B)  in another state and is a member of the United
  States armed forces, including a member of the National Guard or a
  reserve or auxiliary unit of any branch of the armed forces, whose
  temporary or permanent duty station is located in this state;
               (2)  has passed knowledge and skills tests for driving
  a commercial motor vehicle that comply with minimal federal
  standards established by 49 C.F.R. Part 383, Subparts G and H; and
               (3)  has satisfied the requirements imposed by the
  federal act, federal regulation, or state law.
         SECTION 10.  Section 522.023, Transportation Code, is
  amended by adding Subsection (j) to read as follows:
         (j)  The department may administer a skills test to a person
  who holds a commercial learner's permit issued by another state or
  jurisdiction.
         SECTION 11.  Section 522.025, Transportation Code, is
  amended to read as follows:
         Sec. 522.025.  LIMITATIONS ON ISSUANCE OF LICENSE OR PERMIT.
  (a)  The department may not issue a commercial driver's license or
  commercial [driver] learner's permit to a person who is
  disqualified from driving a commercial motor vehicle or while the
  person's driver's license or driving privilege is suspended,
  revoked, or canceled in any state.
         (b)  The department may not issue a commercial driver's
  license to a person who has a driver's license, commercial driver's
  license, or commercial [driver] learner's permit issued by another
  state unless the person surrenders the license or permit. The
  department shall notify [return a surrendered license or permit to]
  the issuing state of the surrendered license or permit [for
  cancellation].
         SECTION 12.  Section 522.027, Transportation Code, is
  amended to read as follows:
         Sec. 522.027.  MINIMUM AGE. The department may not issue a
  commercial driver's license or a commercial [driver] learner's
  permit to a person who is younger than 18 years of age.
         SECTION 13.  Section 522.028, Transportation Code, is
  amended to read as follows:
         Sec. 522.028.  CHECK OF DRIVING RECORD. Before issuing a
  commercial driver's license or commercial learner's permit, the
  department shall check the applicant's driving record as required
  by 49 C.F.R. Section 383.73.
         SECTION 14.  Section 522.029, Transportation Code, is
  amended by amending Subsections (a), (b), (c), (h), (j), and (k) and
  adding Subsections (h-1) and (l) to read as follows:
         (a)  The fee for a commercial driver's license [or commercial
  driver learner's permit] issued by the department is $60, except as
  provided by Subsections (f), (h), (j), and (k).
         (b)  The fee for a commercial driver's license [or commercial
  driver learner's permit] shall be reduced by $4 for each remaining
  year of validity of a driver's license, other than a commercial
  driver's license [or commercial driver learner's permit] issued by
  the department to the applicant.
         (c)  The fee for a duplicate commercial driver's license or
  commercial [driver] learner's permit is $10.
         (h)  The fee for a commercial driver's license [or commercial
  driver learner's permit] issued under Section 522.033 is $20.
         (h-1)  The fee for the issuance or renewal of a commercial
  learner's permit is $24.
         (j)  The fee for issuance or renewal of a commercial driver's
  license [or commercial driver learner's permit] is $25 for a
  license with an expiration date established under Section 522.054.
         (k)  The fee for a non-domiciled [nonresident] commercial
  driver's license or a non-domiciled commercial learner's permit is
  $120. The fee for a temporary non-domiciled [nonresident]
  commercial driver's license is $20.
         (l)  The fee for the administration of a skills test to a
  person who is not domiciled in this state is $60.
         SECTION 15.  Section 522.029(f), Transportation Code, as
  added by Chapter 1372 (H.B. 1200), Acts of the 75th Legislature,
  Regular Session, 1997, is amended to read as follows:
         (f)  If a commercial driver's license [or commercial driver
  learner's permit] includes an authorization to operate a motorcycle
  or moped, the fee for the driver's license [or permit] is increased
  by $8.
         SECTION 16.  Section 522.030(a), Transportation Code, is
  amended to read as follows:
         (a)  A commercial driver's license or commercial learner's
  permit must:
               (1)  be marked:
                     (A)  "Commercial Driver License" or "CDL" for a
  commercial driver's license; or
                     (B)  "Commercial Learner's Permit" or "CLP" for a
  commercial learner's permit;
               (2)  be, to the extent practicable, tamper-proof; and
               (3)  include:
                     (A)  the name and domicile [mailing] address of
  the person to whom it is issued;
                     (B)  the person's [color] photograph;
                     (C)  a physical description of the person,
  including sex, height, and eye color;
                     (D)  the person's date of birth;
                     (E)  a number or identifier the department
  considers appropriate;
                     (F)  the person's signature;
                     (G)  each class of commercial motor vehicle that
  the person is authorized to drive, with any endorsements or
  restrictions;
                     (H)  the name of this state; and
                     (I)  the dates between which the license is valid.
         SECTION 17.  Sections 522.032(a) and (b), Transportation
  Code, are amended to read as follows:
         (a)  The holder of a commercial driver's license or
  commercial [driver] learner's permit who changes the holder's name
  or mailing address must apply for a duplicate license or permit not
  later than the 30th day after the date of the change in the manner
  provided by Section 521.054.
         (b)  The holder of a commercial driver's license or
  commercial [driver] learner's permit who changes the holder's
  residence address shall notify the department not later than the
  30th day after the date of the change.
         SECTION 18.  Section 522.033, Transportation Code, is
  amended to read as follows:
         Sec. 522.033.  COMMERCIAL DRIVER'S LICENSE ISSUED TO CERTAIN
  SEX OFFENDERS. (a)  The department may issue an original or
  renewal commercial driver's license or commercial [driver]
  learner's permit to a person whose driver's license or personal
  identification certificate record indicates that the person is
  subject to the registration requirements of Chapter 62, Code of
  Criminal Procedure, only if the person is otherwise eligible for
  the commercial driver's license or commercial [driver] learner's
  permit and:
               (1)  applies in person for the issuance of a license or
  permit under this section; and
               (2)  pays a fee of:
                     (A)  $20 for a commercial driver's license; or
                     (B)  $24 for a commercial learner's permit.
         (b)  Notwithstanding Sections 522.013 and [Section] 522.051,
  a commercial driver's license [or commercial driver learner's
  permit] issued under this section, including a renewal, duplicate,
  or corrected license, expires[:
               [(1)     if the license or permit holder is a citizen,
  national, or legal permanent resident of the United States or a
  refugee or asylee lawfully admitted into the United States,] on the
  first birthday of the license holder occurring after the date of
  application, except that the initial license issued under this
  section expires on the second birthday of the license holder
  occurring after the date of application[; or
               [(2)     if the applicant is not described by Subdivision
  (1), on the earlier of:
                     [(A)     the expiration date of the applicant's
  authorized stay in the United States; or
                     [(B)     the first birthday of the license holder
  occurring after the date of application, except that the initial
  license issued under this section expires on the second birthday of
  the license holder occurring after the date of application].
         SECTION 19.  Sections 522.034(a) and (b), Transportation
  Code, are amended to read as follows:
         (a)  An applicant for an original commercial driver's
  license [or commercial driver learner's permit] that includes an
  authorization to operate a motorcycle must furnish to the
  department evidence satisfactory to the department that the
  applicant has successfully completed a basic motorcycle operator
  training course approved by the department under Chapter 662.
         (b)  The department may not issue an original commercial
  driver's license [or commercial driver learner's permit] that
  includes an authorization to operate a motorcycle to an applicant
  who fails to comply with Subsection (a).
         SECTION 20.  Sections 522.041(a) and (e), Transportation
  Code, are amended to read as follows:
         (a)  The department may issue a Class A, Class B, or Class C
  commercial driver's license or commercial learner's permit.
         (e)  The holder of a commercial driver's license or
  commercial learner's permit may drive any vehicle in the class for
  which the license or permit is issued and lesser classes of vehicles
  except a motorcycle or moped. The holder may drive a motorcycle
  only if authorization to drive a motorcycle is shown on the
  commercial driver's license and the requirements for issuance of a
  motorcycle license have been met.
         SECTION 21.  Section 522.042, Transportation Code, is
  amended by amending Subsections (b) and (c) and adding Subsections
  (d), (e), and (f) to read as follows:
         (b)  The department may issue a commercial learner's permit
  with endorsements authorizing the driving of a passenger vehicle, a
  school bus, or a tank vehicle.
         (c)  An endorsement under Subsection (b) for a passenger
  vehicle or a school bus allows a permit holder to operate a vehicle
  with only the following passengers:
               (1)  federal or state auditors and inspectors, test
  examiners, or other permit holders; and
               (2)  the commercial driver's license holder required
  under Section 522.011(a)(2)(B).
         (d)  An endorsement under Subsection (b) for a tank vehicle
  allows a permit holder to operate only an empty tank vehicle that
  has been purged of any hazardous materials.
         (e)  The holder of a commercial driver's license or
  commercial learner's permit may not drive a vehicle that requires
  an endorsement unless the proper endorsement appears on the license
  or permit.
         (f) [(c)]  A person commits an offense if the person violates
  Subsection (c), (d), or (e) [(b)]. An offense under this section is
  a Class C misdemeanor.
         SECTION 22.  Section 522.051, Transportation Code, is
  amended by amending Subsections (a), (b), (c), (d), and (f) and
  adding Subsection (h) to read as follows:
         (a)  Except as provided by Subsection (f) and Sections
  522.013(e), 522.033, and 522.054, an original commercial driver's
  license [or commercial driver learner's permit] expires five years
  after the applicant's next birthday.
         (b)  Except as provided by Section 522.054, a commercial
  driver's license [or commercial driver learner's permit] issued to
  a person holding a Texas Class A, B, C, or M license that would
  expire one year or more after the date of issuance of the commercial
  driver's license [or commercial driver learner's permit] expires
  five years after the applicant's next birthday.
         (c)  Except as provided by Section 522.054, a commercial
  driver's license [or commercial driver learner's permit] issued to
  a person holding a Texas Class A, B, C, or M license that would
  expire less than one year after the date of issuance of the
  commercial driver's license [or commercial driver learner's permit]
  or that has been expired for less than one year expires five years
  after the expiration date shown on the Class A, B, C, or M license.
         (d)  Except as provided by Section 522.054, a commercial
  driver's license [or commercial driver learner's permit] issued to
  a person holding a Texas Class A, B, C, or M license that has been
  expired for at least one year but not more than two years expires
  five years after the applicant's last birthday.
         (f)  Except as provided by Section 522.013, a non-domiciled
  [nonresident] commercial driver's license other than a temporary
  non-domiciled [nonresident] commercial driver's license under
  Section 522.013(e) expires on [the earlier of]:
               (1)  the earlier of:
                     (A)  the first birthday of the license holder
  occurring after the fifth anniversary of the date of the
  application; or
                     (B)  the expiration date of the license holder's
  lawful presence in the United States as determined by the
  appropriate United States agency in compliance with federal law
  [the expiration date of the visa presented under Section
  522.021(a-1)(2)(B)]; or
               (2)  the first anniversary of the date of issuance, if
  there is no definitive expiration date for the applicant's
  authorized stay in the United States [expiration date of the Form
  I-94 Arrival/Departure record, or a successor document, presented
  under Section 522.021(a-1)(2)(C)].
         (h)  A commercial learner's permit expires on the earlier of:
               (1)  the expiration date of the driver's license or
  commercial driver's license; or
               (2)  the 181st day after the date of issuance.
         SECTION 23.  Section 522.052(e), Transportation Code, is
  amended to read as follows:
         (e)  A commercial [driver] learner's permit may [not] be
  renewed once for an additional 180 days without requiring the
  applicant to retake the general and endorsement knowledge tests.
         SECTION 24.  Section 522.054(a), Transportation Code, is
  amended to read as follows:
         (a)  Each original commercial driver's license [and
  commercial driver learner's permit] of a person 85 years of age or
  older expires on the license holder's second birthday after the
  date of the license application.
         SECTION 25.  Section 522.0541, Transportation Code, is
  amended to read as follows:
         Sec. 522.0541.  DENIAL OF RENEWAL OF COMMERCIAL DRIVER
  LICENSE OR LEARNER PERMIT. (a)  In the manner ordered by a court in
  another state in connection with a matter involving the violation
  of a state law or local ordinance relating to motor vehicle traffic
  control and on receipt of the necessary information from the other
  state, the department may deny renewal of the commercial driver's
  license or commercial learner's permit issued to a person by the
  department for the person's:
               (1)  failure to appear in connection with a complaint
  or citation; [or]
               (2)  failure to pay or satisfy a judgment ordering the
  payment of a fine and costs; or
               (3)  failure to answer a citation or to pay fines,
  penalties, or costs related to the original violation.
         (b)  The information necessary under Subsection (a) may be
  transmitted through the commercial driver's license information
  system and must include:
               (1)  the name, date of birth, and the commercial
  driver's license number of the license held by the person;
               (2)  notice that the person failed to appear as
  required by law or failed to satisfy a judgment that ordered the
  payment of a fine and costs in the manner ordered by the court;
               (3)  the nature of the violation; and
               (4)  any other information required by the department.
         (c)  The department shall apply any notification received
  under Subsection (a) as a conviction to the person's driving
  record.
         SECTION 26.  Section 522.055, Transportation Code, is
  amended to read as follows:
         Sec. 522.055.  CLEARANCE NOTICE TO DEPARTMENT. On receipt
  of notice from the other state that the grounds for denial of the
  renewal of the commercial driver's license or commercial learner's
  permit based on the [license] holder's previous failure to appear
  or failure to pay a fine and costs previously reported by that state
  under Section 522.0541 have ceased to exist, the department shall
  renew the person's commercial driver's license or commercial
  learner's permit.
         SECTION 27.  
  Sections 522.061(a), (b), and (c),
  Transportation Code, are amended to read as follows:
         (a)  A person who holds or is required to hold a commercial
  driver's license or a commercial learner's permit under this
  chapter and who is convicted in another state of violating a state
  law or local ordinance relating to motor vehicle traffic control
  shall notify the department in the manner specified by the
  department not later than the seventh day after the date of
  conviction.
         (b)  A person who holds or is required to hold a commercial
  driver's license or commercial learner's permit under this chapter
  and who is convicted in this state or another state of violating a
  state law or local ordinance relating to motor vehicle traffic
  control, including a law regulating the operation of vehicles on
  highways, shall notify the person's employer in writing of the
  conviction not later than the seventh day after the date of
  conviction.
         (c)  A notification to the department or an employer must be
  in writing and must contain:
               (1)  the driver's full name;
               (2)  the driver's license or permit number;
               (3)  the date of conviction;
               (4)  the nature of the violation;
               (5)  a notation of whether the violation was committed
  in a commercial motor vehicle;
               (6)  the location where the offense was committed; and
               (7)  the driver's signature.
         SECTION 28.  Section 522.062(a), Transportation Code, is
  amended to read as follows:
         (a)  If a person holds a driver's license, commercial
  driver's license, or commercial learner's permit issued by another
  state and is finally convicted of a violation of a state traffic law
  or local traffic ordinance that was committed in a commercial motor
  vehicle, the department shall notify the driver's licensing
  authority in the issuing state of that conviction, in the time and
  manner required by 49 U.S.C. Section 31311.
         SECTION 29.  Section 522.071(a), Transportation Code, as
  amended by Chapters 424 (S.B. 1372) and 499 (S.B. 333), Acts of the
  80th Legislature, Regular Session, 2007, is reenacted and amended
  to read as follows:
         (a)  A person commits an offense if the person drives a
  commercial motor vehicle on a highway:
               (1)  after the person has been denied the issuance of a
  license or permit, unless the person has a driver's license
  appropriate for the class of vehicle being driven that was
  subsequently issued;
               (2)  during a period that a disqualification of the
  person's driver's license, permit, or privilege is in effect;
               (3)  while the person's driver's license or permit is
  expired, if the license or permit expired during a period of
  disqualification;
               (4)  during a period that the person was subject to an
  order prohibiting the person from obtaining a driver's license or
  permit; or
               (5)  during a period in which the person, the person's
  employer, or the vehicle being operated is subject to an
  out-of-service order.
         SECTION 30.  Section 522.071(b), Transportation Code, is
  amended to read as follows:
         (b)  It is not a defense to prosecution that the person had
  not received notice of a disqualification imposed as a result of a
  conviction that results in an automatic disqualification of the
  person's driver's license, permit, or privilege.
         SECTION 31.  Sections 522.081(a), (b), (e), and (g),
  Transportation Code, are amended to read as follows:
         (a)  This subsection applies to a violation committed while
  operating any motor vehicle, including a commercial motor vehicle.
  A person who holds a commercial driver's license or commercial
  learner's permit is disqualified from driving a commercial motor
  vehicle for:
               (1)  60 days if convicted of:
                     (A)  two serious traffic violations that occur
  within a three-year period; or
                     (B)  one violation of a law that regulates the
  operation of a motor vehicle at a railroad grade crossing; or
               (2)  120 days if convicted of:
                     (A)  three serious traffic violations arising
  from separate incidents occurring within a three-year period; or
                     (B)  two violations of a law that regulates the
  operation of a motor vehicle at a railroad grade crossing that occur
  within a three-year period.
         (b)  Except as provided by this subsection, this [This]
  subsection applies to a violation committed while operating any
  type of motor vehicle, including a commercial motor vehicle[,
  except as provided by this subsection]. A person who holds a
  commercial driver's license or commercial learner's permit is
  disqualified from driving a commercial motor vehicle for one year:
               (1)  if convicted of three violations of a law that
  regulates the operation of a motor vehicle at a railroad grade
  crossing that occur within a three-year period;
               (2)  on first conviction of:
                     (A)  driving a motor vehicle under the influence
  of alcohol or a controlled substance, including a violation of
  Section 49.04, 49.045, or 49.07, Penal Code;
                     (B)  leaving the scene of an accident involving a
  motor vehicle driven by the person;
                     (C)  using a motor vehicle in the commission of a
  felony, other than a felony described by Subsection (d)(2);
                     (D)  causing the death of another person through
  the negligent or criminal operation of a motor vehicle; or
                     (E)  driving a commercial motor vehicle while the
  person's commercial driver's license or commercial learner's permit
  is revoked, suspended, or canceled, or while the person is
  disqualified from driving a commercial motor vehicle, for an action
  or conduct that occurred while operating a commercial motor
  vehicle;
               (3)  for refusing to submit to a test under Chapter 724
  to determine the person's alcohol concentration or the presence in
  the person's body of a controlled substance or drug while operating
  a motor vehicle in a public place; or
               (4)  if an analysis of the person's blood, breath, or
  urine under Chapter 522, 524, or 724 determines that the person:
                     (A)  had an alcohol concentration of 0.04 or more,
  or that a controlled substance or drug was present in the person's
  body, while operating a commercial motor vehicle in a public place;
  or
                     (B)  had an alcohol concentration of 0.08 or more
  while operating a motor vehicle, other than a commercial motor
  vehicle, in a public place.
         (e)  A person may not be issued a commercial driver's license
  or a commercial learner's permit and is disqualified from operating
  a commercial motor vehicle if, in connection with the person's
  operation of a commercial motor vehicle, the person commits an
  offense or engages in conduct that would disqualify the holder of a
  commercial driver's license from operating a commercial motor
  vehicle, or is determined to have had an alcohol concentration of
  0.04 or more or to have had a controlled substance or drug present
  in the person's body. The period of prohibition under this
  subsection is equal to the appropriate period of disqualification
  required by Subsections (a)-(d).
         (g)  A person who holds a commercial driver's license or
  commercial learner's permit is disqualified from operating a
  commercial motor vehicle if the person's driving is determined to
  constitute an imminent hazard under 49 C.F.R. Section 383.52.  The
  disqualification is for the disqualification period imposed under
  that section and shall be noted on the person's driving record.
         SECTION 32.  Section 522.084, Transportation Code, is
  amended to read as follows:
         Sec. 522.084.  NOTIFICATION TO OTHER JURISDICTION. After
  disqualifying a person who has a domicile in another state or in a
  foreign jurisdiction, the department shall give notice of that fact
  to the licensing authority of the state that issued the person's
  driver's license, commercial driver's license, or commercial
  [driver] learner's permit.
         SECTION 33.  Section 522.087, Transportation Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  A disqualification imposed under Section
  522.081(a)(1)(B) or 522.081(b)(2) or (d)(2) takes effect on the
  10th day after the date the department issues the order of
  disqualification.
         SECTION 34.  Section 522.089, Transportation Code, is
  amended to read as follows:
         Sec. 522.089.  EFFECT OF SUSPENSION, REVOCATION,
  CANCELLATION, OR DENIAL OF LICENSE OR PERMIT UNDER OTHER LAW.
  (a)  A suspension, revocation, cancellation, or denial of a
  driver's license, permit, or privilege under Chapter 521 or another
  law of this state disqualifies the person under this chapter.
         (b)  If the department disqualifies a person under this
  chapter [disqualifies a person] for a longer period than the other
  law, the person is disqualified for the longer period.
         SECTION 35.  Effective January 30, 2016, Subchapter H,
  Chapter 522, Transportation Code, is amended by adding Section
  522.093 to read as follows:
         Sec. 522.093.  SELF-CERTIFICATION OF MEDICAL STATUS. The
  department shall remove the commercial driver's license privilege
  from the holder of a commercial driver's license or a commercial
  learner's permit if the holder:
               (1)  fails to provide the department a
  self-certification of operating status; or
               (2)  fails to provide and maintain with the department
  a current medical examiner's certificate that is required based on
  the self-certification.
         SECTION 36.  Section 522.105(a), Transportation Code, is
  amended to read as follows:
         (a)  On receipt of a report under Section 522.104, the
  department shall disqualify the person from driving a commercial
  motor vehicle under Section 522.081 beginning on the 45th day after
  the date the report is received unless a hearing is granted.
         SECTION 37.  Section 524.001(10), Transportation Code, is
  amended to read as follows:
               (10)  "Driver's license" has the meaning assigned by
  Section 521.001. The term includes a commercial driver's license
  or a commercial [driver] learner's permit issued under Chapter 522.
         SECTION 38.  Section 543.007, Transportation Code, is
  amended to read as follows:
         Sec. 543.007.  NOTICE TO APPEAR: COMMERCIAL VEHICLE OR
  LICENSE. A notice to appear issued to the operator of a commercial
  motor vehicle or holder of a commercial driver's license or
  commercial [driver] learner's permit, for the violation of a law
  regulating the operation of vehicles on highways, must contain the
  information required by department rule, to comply with Chapter 522
  and the federal Commercial Motor Vehicle Safety Act of 1986 (Title
  49, U.S.C. Section 2701 et seq.).
         SECTION 39.  Section 543.202(b), Transportation Code, is
  amended to read as follows:
         (b)  The record must be made on a form or by a data processing
  method acceptable to the department and must include:
               (1)  the name, address, physical description,
  including race or ethnicity, date of birth, and driver's license
  number of the person charged;
               (2)  the registration number of the vehicle involved;
               (3)  whether the vehicle was a commercial motor vehicle
  as defined by Chapter 522 or was involved in transporting hazardous
  materials;
               (4)  the person's social security number, if the person
  was operating a commercial motor vehicle or was the holder of a
  commercial driver's license or commercial [driver] learner's
  permit;
               (5)  the date and nature of the offense, including
  whether the offense was a serious traffic violation as defined by
  Chapter 522;
               (6)  whether a search of the vehicle was conducted and
  whether consent for the search was obtained;
               (7)  the plea, the judgment, whether the individual was
  adjudicated under Article 45.0511, Code of Criminal Procedure, and
  whether bail was forfeited;
               (8)  the date of conviction; and
               (9)  the amount of the fine or forfeiture.
         SECTION 40.  Section 548.256, Transportation Code, is
  amended to read as follows:
         Sec. 548.256.  PROOF OF COMPLIANCE WITH INSPECTION
  REQUIREMENTS REQUIRED TO REGISTER VEHICLE. (a) Except as provided
  by Subsection (b) or (c), before [Before] a vehicle may be
  registered, the Texas Department of Motor Vehicles or the county
  assessor-collector registering the vehicle shall verify that the
  vehicle complies with [has passed] the applicable inspection
  requirements under this chapter and Chapter 382, Health and Safety
  Code [inspections required by this chapter], as indicated in the
  department's inspection database. If the database information is
  not available, the owner of the vehicle may present a vehicle
  inspection report issued for the vehicle.
         (b)  The Texas Department of Motor Vehicles or a county
  assessor-collector may register a vehicle that is not in compliance
  with the applicable inspection requirements under this chapter or
  Chapter 382, Health and Safety Code, if the vehicle is located in
  another state at the time the applicant applies for registration or
  registration renewal under Chapter 502 and the applicant certifies
  that the vehicle is located in another state and the applicant will
  comply with the applicable inspection requirements under this
  chapter, Chapter 382, Health and Safety Code, and the department's
  administrative rules regarding inspection requirements once the
  vehicle is operated in this state. The Texas Department of Motor
  Vehicles or the county assessor-collector shall add a notation to
  the Texas Department of Motor Vehicles' registration database for
  law enforcement to verify the inspection status of the vehicle.
         (c)  Subsection (a) does not apply to:
               (1)  a vehicle that is being registered under the
  International Registration Plan as authorized by Section 502.091;
  or
               (2)  a token trailer that is being registered under
  Section 502.255, including a token trailer that is being registered
  for an extended period under Section 502.0023.
         SECTION 41.  Subchapter I, Chapter 548, Transportation Code,
  is amended by adding Section 548.605 to read as follows:
         Sec. 548.605.  OPERATING A VEHICLE WITHOUT COMPLYING WITH
  INSPECTION REQUIREMENTS AS CERTIFIED; OFFENSE; DISMISSAL OF
  CHARGE. (a) In this section, "working day" means any day other
  than a Saturday, a Sunday, or a holiday on which county offices are
  closed.
         (b)  A person commits an offense if:
               (1)  the person operates in this state a vehicle for
  which a certification was provided under Section 548.256(b); and
               (2)  the vehicle is not in compliance with the
  applicable inspection requirements under this chapter, Chapter
  382, Health and Safety Code, or the department's administrative
  rules regarding inspection requirements.
         (c)  A peace officer may require the owner or operator to
  produce a vehicle inspection report issued for the vehicle if the
  Texas Department of Motor Vehicles' registration database includes
  a notation for law enforcement to verify the inspection status of
  the vehicle.
         (d)  It is a defense to prosecution under Subsection (b) that
  a passing vehicle inspection report issued for the vehicle is in
  effect at the time of the offense.
         (e)  A court shall:
               (1)  dismiss a charge under this section if the
  defendant remedies the defect:
                     (A)  not later than the 20th working day after the
  date of the citation or before the defendant's first court
  appearance date, whichever is later; and
                     (B)  not later than the 40th working day after the
  applicable deadline provided by this chapter, Chapter 382, Health
  and Safety Code, or the department's administrative rules regarding
  inspection requirements; and
               (2)  assess an administrative fee not to exceed $20
  when the charge has been remedied under Subdivision (1).
         (f)  An offense under this section is a Class C misdemeanor.
         SECTION 42.  Article 62.060(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  A person subject to registration under this chapter
  shall apply to the department in person for the issuance of, as
  applicable, an original or renewal driver's license under Section
  521.272, Transportation Code, an original or renewal personal
  identification certificate under Section 521.103, Transportation
  Code, or an original or renewal commercial driver's license or
  commercial [driver] learner's permit under Section 522.033,
  Transportation Code, not later than the 30th day after the date:
               (1)  the person is released from a penal institution or
  is released by a court on community supervision or juvenile
  probation; or
               (2)  the department sends written notice to the person
  of the requirements of this article.
         SECTION 43.  Section 103.0213, Government Code, is amended
  to read as follows:
         Sec. 103.0213.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR
  CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a
  party to a civil suit, as applicable, shall pay the following fees
  and costs under the Transportation Code if ordered by the court or
  otherwise required:
               (1)  administrative fee on dismissal of charge of
  driving with an expired motor vehicle registration (Sec. 502.407,
  Transportation Code) . . . not to exceed $20;
               (2)  administrative fee on dismissal of charge of
  driving with an expired driver's license (Sec. 521.026,
  Transportation Code) . . . not to exceed $20;
               (3)  administrative fee on remediation of charge of
  operating a vehicle without complying with inspection requirements
  as certified (Sec. 548.605, Transportation Code) . . . not to
  exceed $20;
               (4)  administrative fee for failure to appear for a
  complaint or citation on certain offenses (Sec. 706.006,
  Transportation Code) . . . $30 for each violation; and
               (5) [(4)]  administrative fee for failure to pay or
  satisfy certain judgments (Sec. 706.006, Transportation Code)
  . . . $30.
         SECTION 44.  Section 522.029(f), Transportation Code, as
  added by Chapter 1156 (S.B. 99), Acts of the 75th Legislature,
  Regular Session, 1997, is repealed.
         SECTION 45.  Not later than December 31, 2015, the Texas
  Department of Public Safety shall delete or redact from its records
  any fingerprint collected from an applicant for a driver's license
  or personal identification certificate in a manner that does not
  comply with Section 521.142(b)(1), Transportation Code.
         SECTION 46.  (a)  The changes in law made by this Act to
  Sections 522.011, 522.042, and 522.071, Transportation Code, apply
  only to an offense that is committed on or after the effective date
  of this Act. An offense committed before the effective date of this
  Act is governed by the law in effect on the date the offense was
  committed, and the former law is continued in effect for that
  purpose. For purposes of this subsection, an offense was committed
  before the effective date of this Act if any element of the offense
  occurred before that date.
         (b)  The change in law made by this Act to Section 522.021,
  Transportation Code, applies only to an application for a license
  that is filed on or after the effective date of this Act.
         (c)  The changes in law made by this Act to Sections 522.029,
  522.033, and 522.051, Transportation Code, apply only to a license
  or permit that is issued or renewed on or after the effective date
  of this Act.
         SECTION 47.  Except as otherwise provided by this Act, this
  Act takes effect January 1, 2016.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1888 was passed by the House on April
  16, 2015, by the following vote:  Yeas 142, Nays 4, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1888 on May 28, 2015, by the following vote:  Yeas 136, Nays 7,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1888 was passed by the Senate, with
  amendments, on May 25, 2015, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor