Bill Text: TX HB2073 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to driving with certain untreated sleep disorders or employing a person with an untreated sleep disorder as a commercial motor vehicle driver; creating offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-05 - Referred to Homeland Security & Public Safety [HB2073 Detail]
Download: Texas-2013-HB2073-Introduced.html
| 83R968 ADM-D | ||
| By: Rodriguez of Travis | H.B. No. 2073 | |
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| relating to driving with certain untreated sleep disorders or | ||
| employing a person with an untreated sleep disorder as a commercial | ||
| motor vehicle driver; creating offenses. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter I, Chapter 545, Transportation Code, | ||
| is amended by adding Section 545.428 to read as follows: | ||
| Sec. 545.428. DRIVING WITH CERTAIN UNTREATED SLEEP | ||
| DISORDERS; OFFENSE. (a) A person commits an offense if the person: | ||
| (1) has been diagnosed with sleep apnea or another | ||
| sleep disorder by a physician but is not receiving medical | ||
| treatment for the diagnosed disorder; and | ||
| (2) operates a motor vehicle and by reason of the | ||
| person's diagnosed disorder causes injury to another person by | ||
| accident or mistake. | ||
| (b) An offense under this section is a Class A misdemeanor, | ||
| except that if it is shown on the trial of an offense under this | ||
| section that as a result of the commission of the offense a | ||
| collision occurred causing death, the offense is a state jail | ||
| felony. | ||
| SECTION 2. The heading to Subchapter F, Chapter 522, | ||
| Transportation Code, is amended to read as follows: | ||
| SUBCHAPTER F. NOTIFICATION OF CONVICTION, ADMINISTRATIVE ACTION, | ||
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| SECTION 3. Subchapter F, Chapter 522, Transportation Code, | ||
| is amended by adding Section 522.065 to read as follows: | ||
| Sec. 522.065. NOTIFICATION OF DIAGNOSIS OF CERTAIN SLEEP | ||
| DISORDERS. (a) A person who applies for employment as a commercial | ||
| motor vehicle driver shall provide the employer, at the time of the | ||
| application, with any history of sleep apnea or other sleep | ||
| disorder that has been diagnosed by a physician, and any medical | ||
| treatment the applicant is receiving for that disorder. | ||
| (b) The applicant must certify that the information | ||
| furnished is true and complete. An employer may require an | ||
| applicant to provide additional information. | ||
| (c) If at any time during employment as a commercial motor | ||
| vehicle driver, a person is diagnosed by a physician with sleep | ||
| apnea or another sleep disorder, the person must immediately | ||
| provide the person's employer with the information described by | ||
| Subsection (a). | ||
| SECTION 4. Sections 522.072(a) and (b-1), Transportation | ||
| Code, are amended to read as follows: | ||
| (a) An employer may not knowingly permit a person to drive a | ||
| commercial motor vehicle during a period in which: | ||
| (1) the person has been denied the privilege of | ||
| driving a commercial motor vehicle; | ||
| (2) the person is disqualified from driving a | ||
| commercial motor vehicle; | ||
| (3) the person, the person's employer, or the vehicle | ||
| being operated is subject to an out-of-service order in a state; | ||
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| (4) the person has more than one commercial driver's | ||
| license, except during the 10-day period beginning on the date the | ||
| person is issued a driver's license; or | ||
| (5) the person has been diagnosed with sleep apnea or | ||
| another sleep disorder and is not receiving medical treatment for | ||
| that disorder. | ||
| (b-1) An employer who violates Subsection (a) or (b) commits | ||
| an offense. An offense under this subsection is a Class B | ||
| misdemeanor, except that an offense under Subsection (a)(5) is a | ||
| Class A misdemeanor. | ||
| SECTION 5. The change in law made by this Act applies only | ||
| to an offense 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 section, an offense was committed before the | ||
| effective date of this Act if any element of the offense occurred | ||
| before that date. | ||
| SECTION 6. This Act takes effect September 1, 2013. | ||
