Bill Text: TX HB2132 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the certification and regulation of escort flag vehicle pilots; authorizing fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-02 - Left pending in committee [HB2132 Detail]
Download: Texas-2013-HB2132-Introduced.html
| 83R6525 JAM-D | ||
| By: Kolkhorst | H.B. No. 2132 | |
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| relating to the certification and regulation of escort flag vehicle | ||
| pilots; authorizing fees. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle C, Title 14, Occupations Code, is | ||
| amended by adding Chapter 2402 to read as follows: | ||
| CHAPTER 2402. ESCORT FLAG VEHICLE PILOTS | ||
| Sec. 2402.001. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the board of the department. | ||
| (2) "Department" means the Texas Department of Motor | ||
| Vehicles. | ||
| (3) "Escort flag vehicle" means a vehicle that | ||
| precedes or follows an oversize or overweight vehicle, including a | ||
| towed manufactured house, for the purpose of facilitating the safe | ||
| movement of the oversize or overweight vehicle over roads. | ||
| (4) "Escort flag vehicle pilot" means a person who | ||
| operates an escort flag vehicle. | ||
| Sec. 2402.002. CERTIFICATION REQUIRED. A person may not | ||
| act as an escort flag vehicle pilot unless the person is certified | ||
| under this chapter. | ||
| Sec. 2402.003. ISSUANCE AND RENEWAL OF CERTIFICATION. (a) | ||
| The board shall issue a certification to act as an escort flag | ||
| vehicle pilot to a person who: | ||
| (1) demonstrates to the board's satisfaction that the | ||
| person has successfully completed a course that meets the minimum | ||
| requirements described by the Pilot Car Escort Best Practices | ||
| Guidelines, as the publication exists on September 1, 2013, | ||
| endorsed by the Specialized Carriers and Rigging Association, the | ||
| United States Department of Transportation Federal Highway | ||
| Administration, and the Commercial Vehicle Safety Alliance; and | ||
| (2) meets any other requirements for certification | ||
| required by board rule. | ||
| (b) A certification issued under this section expires on the | ||
| fourth anniversary of issuance unless renewed in the manner | ||
| provided by board rule. | ||
| Sec. 2402.004. FEES. The board may establish and collect | ||
| reasonable and necessary fees in amounts sufficient to cover the | ||
| costs of administering this chapter. | ||
| Sec. 2402.005. RULES. The board shall adopt rules to | ||
| administer this chapter and as necessary to protect the public | ||
| health, safety, and welfare, including rules on: | ||
| (1) qualifications for certification, including | ||
| establishing a minimum age for certification and standards relating | ||
| to acceptable driving records for certification; | ||
| (2) renewal of a certification; | ||
| (3) standards of conduct for the holder of a | ||
| certification; and | ||
| (4) criteria for any continuing education of escort | ||
| flag vehicle pilots as required for certification renewal. | ||
| Sec. 2402.006. DISCIPLINARY ACTION. (a) The board may | ||
| deny, suspend, revoke, or reinstate a certification issued under | ||
| this chapter. | ||
| (b) The board by rule shall establish the grounds for | ||
| denial, suspension, revocation, or reinstatement of a | ||
| certification issued under this chapter and the procedures for | ||
| disciplinary action. | ||
| (c) Rules established under Subsection (b) must provide for | ||
| the denial, suspension, or revocation of a certification for a | ||
| conviction arising from the driving of a motor vehicle, other than a | ||
| parking, vehicle weight, or vehicle defect violation, for: | ||
| (1) excessive speeding, involving a single charge of | ||
| driving 15 miles per hour or more above the posted speed limit; | ||
| (2) reckless driving, as defined by state or local | ||
| law; | ||
| (3) a violation of a state or local law related to | ||
| motor vehicle traffic control, including a law regulating the | ||
| operation of vehicles on highways, arising in connection with a | ||
| fatal accident; | ||
| (4) improper or erratic traffic lane change; | ||
| (5) following the vehicle ahead too closely; | ||
| (6) operating a vehicle without the proper license or | ||
| certification; or | ||
| (7) driving a motor vehicle under the influence of | ||
| alcohol or a controlled substance, including a violation of Section | ||
| 49.04 or 49.07, Penal Code. | ||
| (d) A rule adopted under Subsection (b) regarding | ||
| procedures for disciplinary action may not conflict with a rule | ||
| adopted by the State Office of Administrative Hearings. | ||
| (e) A proceeding under this section is subject to Chapter | ||
| 2001, Government Code. | ||
| (f) A person whose certification is revoked may not apply | ||
| for a new certification before the first anniversary of the date of | ||
| the revocation. | ||
| SECTION 2. The board of the Texas Department of Motor | ||
| Vehicles shall adopt the rules and fees necessary to implement | ||
| Chapter 2402, Occupations Code, as added by this Act, not later than | ||
| August 31, 2014. | ||
| SECTION 3. Notwithstanding Chapter 2402, Occupations Code, | ||
| as added by this Act, an individual acting as an escort flag vehicle | ||
| pilot is not required to hold a certification under that chapter to | ||
| act as an escort flag vehicle pilot before September 1, 2014. | ||
| SECTION 4. This Act takes effect September 1, 2013. | ||
