REVISOR'S REPORT TRANSPORTATION CODE TITLES 1, 2, 3, 4, 6, AND 7 VOLUMEV A NONSUBSTANTIVE REVISION OF THE STATUTES RELATING TO TRANSPORTATION

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1 REVISOR'S REPORT TRANSPORTATION CODE TITLES 1, 2, 3, 4, 6, AND 7 VOLUMEV A NONSUBSTANTIVE REVISION OF THE STATUTES RELATING TO TRANSPORTATION Including Carriers Aviation Navigation Roadways Vehicles and ic To ra submitted to the 74th Legislature as part of the Texas Legislative'Council's Statutory Revision Program Austin, Texas March 1995

2 FOREWORD The Texas Legislative Council is required by law (Section 3.007, Government Code) to carry out a complete nonsubstantive revision of the Texas statutes. The process involves reclassifying and rearranging the statutes in a more logical order, employing a numbering system and format that will accommodate future expansion of the law, eliminating repealed, invalid, duplicative, and other ineffective provisions, and improving the draftsmanship of the law if practicable--all toward promoting the stated purpose of making the statutes "more accessible, understandable, and usable" without altering the sense, meaning, or effect of the law. Under the new classification scheme adopted by the council, our statutes will eventually consist of 26 codes. To date, the council has produced and the legislature has enacted the Agriculture Code, Alcoholic Beverage Code, Business & Commerce Code, Civil Practice and Remedies Code, Education Code, Election Code (which was a substantive revision), Government Code, Health and Safety Code, Human Resources Code, Labor Code, Local Government Code, Natural Resources Code, Parks and Wildlife Code, Property Code, Tax Code (Title 1 of which was a substantive revision), and Water Code. The council staff also assisted the state bar in the Penal Code and Family Code projects, which were substantive revisions, and revised miscellaneous criminal procedure provisions into Title 2 of the Code of Criminal Procedure. Titles 1, 2, 3, 4, 6, and 7, Transportation Code, are a nonsubstantive revision of the Texas statutes relating to transportation. Because of the wide range of subjects that the council staff determined should be included in the code, the source law for the code is not compiled in Vernon's Texas Civil Statutes as a single group of statutes. The code is divided into titles, subtitles, chapters, subchapters, and sections. Sections are numbered decimally, and the number to the left of the decimal point is the same as the chapter number. Gaps in chapter and section numbering are for future expansion. The council staff encourages examination and review of the code by any interested person. Meticulous care has been taken within the staff to include in the proposed code all source law assigned to the code and to ensure that no substantive change has been made in the law. However, a complete and adequate outside review is necessary. The reviser's report is arranged to facilitate review. The report states the Revised Law, which is the text of the proposed new language, and then provides the Source Law, which is the text of the current law from which the revised law is taken. If further explanation of either the revised law or the source law is required, a Reviser's Note is included after the source law. All substance in the source law should be revised in the revised law or the reason for its omission should be explained in a reviser's note. Because of the extensive reorganization of many statutes, and even sentences within a statute, it may be helpful for a reviewer to refer to the source law as printed in Vernon's Texas Civil Statutes (so that the quoted source law may be seen in present context) and to the disposition table (showing where the current statutes appear, as revised, in the code). The disposition table is printed as Appendix C to the reviser's report. The revision will require conforming amendments to several statutes not included in the code. These amendments are printed in 74C263 JD-D iii

3 Appendix A to the reviser's report. Appendix A also includes a section listing the laws that will be repealed when the code takes effect and a section stating the legislature's intent that the code be a nonsubstantive revision. Titles 1, 2, 3, 4, 6, and 7, Transportation Code, are proposed to become effective September 1, In reviewing the proposed titles to the Transportation Code, the reader should keep in mind the following: (1) The Code Construction Act (Chapter 1, Government Code) applies to the code. That Act sets out certain principles of statutory construction applicable to new codes and also provides some definitions. The Act is printed as Appendix B to the reviser's report. (2) The proposed code is written in modern American English. Where possible, the present tense is used; the active rather than the passive voice is preferred; and the singular is used in preference to the plural. (3) This is a nonsubstantive revision. The staff's authority does not include improving the substance of law. The sole purpose this draft is to compile all the relevant law, arrange it in a logical fashion, and rewrite it without altering its meaning or legal effect. If a particular source statute is ambiguous and the ambiguity cannot be resolved without a potential substantive effect, the ambiguity is preserved. This project is under the direction of Jonathan Davis, Legislative Counsel, of the council staff, Questions, comments, or suggestions may be directed to him at P.O. Box 12128, Capitol Station, Austin, Texas 78711, or at telephone number (512) C263 JD-D iv

4 1 SUBTITLE B. DRIVER'S LICENSES AND 2 PERSONAL IDENTIFICATION CARDS 3 CHAPTER 521. DRIVER'S LICENSES AND CERTIFICATES O O 1 SUBCHAPTER A. DEFINITIONS GENERAL PROVISIONS CONVENIENCE TO PUBLIC ENROLLMENT AND ATTENDANCE VERIFICATION PENAL CODE REFERENCES [Sections reserved for expansion] 10 SUBCHAPTER B. GENERAL LICENSE REQUIREMENTS LICENSE REQUIRED RESTRICTIONS ON OPERATORS OF CERTAIN SCHOOL 13 BUSES JUNIOR COLLEGE BUSES RESTRICTIONS ON CERTAIN COMMON CARRIERS LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMINAL PENALTY DISMISSAL OF EXPIRED LICENSE CHARGE PERSONS EXEMPT FROM LICENSE REQUIREMENT EFFECT OF MILITARY SERVICE ON LICENSE 21 REQUIREMENT OPERATION OF MOTOR VEHICLE BY NEW STATE 23 RESIDENTS RECIPROCAL LICENSE LICENSE FROM OTHER AUTHORITY [Sections reserved for expansion] 27 SUBCHAPTER C. DEPARTMENT LICENSE RECORDS APPLICATION RECORDS; RECORDS OF DENIAL, 29 SUSPENSION, OR REVOCATION ACCIDENT AND CONVICTION REPORTS; INDIVIDUAL O 4 4. RECORDS ELIMINATION OF CERTAIN UNNECESSARY RECORDS USE OF SOCIAL SECURITY NUMBER INFORMATION FOR CHILD SUPPORT COLLECTION C263 JD-D 2496

5 REMITTANCE OF FEES AND CHARGES DISABLED VETERAN EXEMPTION [Sections reserved for expansion] 4 SUBCHAPTER S. MISCELLANEOUS OFFENSES GENERAL VIOLATION ALIAS DRIVER'S LICENSE FOR LAW ENFORCEMENT 7 PURPOSES FICTITIOUS LICENSE OR CERTIFICATE FALSE APPLICATION USE OF ILLEGAL LICENSE OR CERTIFICATE COUNTERFEIT INSTRUMENT DRIVING WHILE LICENSE INVALID PERMITTING UNAUTHORIZED PERSON TO DRIVE EMPLOYMENT OF UNLICENSED DRIVER MOTOR VEHICLE RENTALS GENERAL CRIMINAL PENALTY SUBTITLE B. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS 18 CHAPTER 521. DRIVER'S LICENSES AND CERTIFICATES 19 SUBCHAPTER A. GENERAL PROVISIONS Revised Law DEFINITIONS. {a) In this chapter: (1) "Department" means the Department of Public 23 Safety (2) "Director" means the public safety director. (3) "Driver's license" means an authorization issued 26 by the department for the operation of a motor vehicle. The term 27 includes: 28 {A) a temporary license or instruction permit; 29 and 30 {B) an occupational license. (4) "Gross combination weight rating" has the meaning assigned by Section (5) "Gross vehicle weight rating" has the meaning 74C263 JD-D 2502

6 1 (B) includes an offense under Section , 2 Revised Statutes, as that law existed immediately before September 3 1, 1994; and 4 (3) a reference to an offense under Section 49.08, 5 Penal Code: 6 (A) means only an offense under that section 7 involving the operation of a motor vehicle; and 8 ( B) includes an offense under Section (a)(2), Penal Code, as that law existed immediately before 10 September 1, (New.) 11 [Sections reserved for expansion] 12 SUBCHAPTER B. GENERAL LICENSE REQUIREMENTS 13 Revised Law LICENSE REQUIRED. A person, other than a 15 person expressly exempted under this chapter, may not operate a 16 motor vehicle on a highway in this state unless the person holds a 17 driver's license issued under this chapter. (V.A.C.S. Art. 6687b, 18 2(a).) 19 Source Law (a) No person, except those hereinafter 21 expressly exempted, shall drive any motor vehicle upon 22 a highway in this State unless such person has a valid 23 driver's license issued under the provisions of this 24 Act. 25 Revisor's Note to a (1) Section 2(a), V.A.C.S. Article 6687b, refers person who holds a valid driver's license. The revised law omits "valid" for the reasons stated in Revisor's Note (4) under Section of this code. (2) Section 2(a), V.A.C.S. Article 6687b, refers to a person who drives a motor vehicle. In this chapter, references to "drive," "driver," and "driving" are omitted and the terms "operate," "operator," and 34 "operating" are appropriately used for the reason 74C263 JD-D 2508

7 1 2 stated in Reviser's Note (8) under Section of this code. 3 Revised Law RESTRICTIONS ON OPERATORS OF CERTAIN SCHOOL 5 BUSES. (a) A person under 18 years of age may not operate a motor 6 vehicle while that vehicle is in use as a school bus for the 7 transportation of pupils to or from school. 8 (b) A person who is 18 years of age or older may not operate 9 a motor vehicle while that vehicle is in use as a school bus unless 10 the person holds a license to operate a school bus (c) A person may not be employed to operate a motor vehicle while that vehicle is in use as a school bus for the transportation of pupils unless the person has passed an examination to determine the person's mental and physical capabilities to operate a school bus safely. Each school bus operator must pass the examination annually. (d) Before employing a person to operate a school bus, a driver's license check shall be made with the department and the person's driving jointly developed department. record must be acceptable according to standards by the State Board of Education and the 22 (e) Effective on the date and under provisions determined by 23 the State Board of Education, a school bus operator must hold a 24 certificate that states that the operator is enrolled in or has completed a driver training course jointly approved by the State Board of Education and the department in school bus safety 27 education. The certificate is valid for three years (f) This section does not affect the right of an qualified person with a hearing disability to be otherwise licensed, 30 certified, and employed as a bus operator for vehicles used to transport hearing-impaired persons. (g) This section does not apply to the vehicle owned by a public institution of higher operation of a education to 74C263 JD-D 2509

8 permit because that term is included in the definition of a "license." (4) Section 1(3)(B), V.A.C.S. Article 6687b, refers to a person who holds a valid license. The revised law omits ''valid" as unnecessary because the 6 word does not add to the clear meaning of the law. For 7 example, a document purporting to be a license is no 8 9 longer a license if it is expired and is not a if it is a forgery. license ( 5) The revised law omits Section 1(4) of V.A.C.S. Article 6687b, defining a certificate as a "personal identification certificate, handicap 13 certificate, or health condition certificate." The 14 substance of that definition is included in Subchapter 15 E of this chapter. The omitted section reads: (4) "Certificate" means a personal identification certificate, handicap certificate, or health condition certificate issued by the Department. (6) Sections 1(5) and (6), V.A.C.S. Article 6687b, respectively define the revocation and suspension of a driver's license. This material is omitted from the definitions because it is substantive rather than definitional. The substance of the omitted law is incorporated into the appropriate sections of this chapter, specifically in Subchapter N. The omitted law reads: (5) "Revocation of driver's license" means the termination for an indefinite period of time by formal action of the Department of a person's license or privilege to operate a motor vehicle on a public highway which may not be restored until all requirements for which the revocation action was taken have been satisfied. (6) "Suspension of driver's license" means the temporary withdrawal for a definite period of time of a person's license or privilege to operate a motor vehicle on a public highway. ( 7) Section 1 ( 7), V.A.C.S. Article 6687b, 74C263 JD-D 2505

9 1 defines "state" to include a "province of Canada." The 2 revised law omits from the definition the reference to 3 a Canadian province because a Canadian province is not 4 a possession of the United States. The revision 5 includes a reference to a "state or Canadian province" when appropriate in this chapter. The omitted law reads: (7) ["State" means a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico,] or a province of Canada. ( 8) The revised law omits Section 1(8) of 14 V.A.C.S. Article 6687b, defining "driver." The source law uses "driver," "drive," and "driving" interchangeably with "operator," "operate," and "operating." The revised law uses "operator," "operate," and "operating" to conform to common usage. The omitted section reads: (8) "Driver" means a person who drives or is in actual physical control of a vehicle. (9) Section 1(10), V.A.C.S. Article 6687b, defines "gross weight." The revised law omits this definition because the defined term is not used in the source law for this chapter or in the revision. The omitted definition reads: (10) "Gross weight" and.. have the meanings assigned to those terms by Section 6, Chapter 88, General Laws, Acts of the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-6, Vernon's Texas Civil Statutes). (10) Section 1(11), V.A.C.S. Article 6687b, refers to V.A.C.S. Article 6687b-2. That statute is codified in this code as Chapter 522, and the revised law is drafted accordingly. (11) Section 1(12), V.A.c.s. Article 6687b, 39 provides that "director" has the meaning assigned by 74C263 JD-D 2506