Bill Text: TX HB3646 | 2023-2024 | 88th Legislature | Enrolled

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Bill Title: Relating to certain regulations regarding commercial driver's licenses.

Spectrum: Bipartisan Bill

Status: (Passed) 2023-06-11 - Effective on 9/1/23 [HB3646 Detail]

Download: Texas-2023-HB3646-Enrolled.html

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H.B. No. 3646

AN ACT
relating to certain regulations regarding commercial driver's
licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 522.003(5), Transportation Code, is
amended to read as follows:
(5) "Commercial motor vehicle" has the meaning
assigned by 49 C.F.R. Section 383.5 [means a motor vehicle or
combination of motor vehicles used to transport passengers or
property that:
[(A) has a gross combination weight or a gross
combination weight rating of 26,001 or more pounds, including a
towed unit with a gross vehicle weight or a gross vehicle weight
rating of more than 10,000 pounds;
[(B) has a gross vehicle weight or a gross
vehicle weight rating of 26,001 or more pounds;
[(C) is designed to transport 16 or more
passengers, including the driver; or
[(D) is transporting hazardous materials and is
required to be placarded under 49 C.F.R. Part 172, Subpart F].
SECTION 2. Section 522.021(a-1), Transportation Code, is
amended to read as follows:
(a-1) If the application is for a non-domiciled commercial
driver's license and the applicant is domiciled in 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;
(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.
SECTION 3. The heading to Section 522.0235, Transportation
Code, is amended to read as follows:
Sec. 522.0235. ALTERNATIVE [WAIVER OF] VISUAL STANDARDS FOR
INTRASTATE DRIVER.
SECTION 4. Section 522.0235(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), the department by
rule may use the alternative visual acuity standard prescribed by
49 C.F.R. Section 391.44 if an individual does not meet [provide for
a waiver of] the visual acuity standard [standards] for a
commercial driver's license prescribed by [in] 49 C.F.R. Section
391.41 [Part 391, Subpart E,] if the person who is applying for a
commercial driver's license or who has been issued a commercial
driver's license is a person who drives a commercial motor vehicle
only in this state.
SECTION 5. The changes in law made by this Act apply only to
an application for a commercial driver's license submitted on or
after the effective date of this Act. An application for a
commercial driver's license submitted before the effective date of
this Act is governed by the law in effect on the date the
application was submitted, and the former law is continued in
effect for that purpose.
SECTION 6. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3646 was passed by the House on May 2,
2023, by the following vote: Yeas 138, Nays 6, 3 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3646 was passed by the Senate on May
21, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor