bill bars DPS from requiring electronic logs for in-state truckers

The text as introduced · 388 words

By: Virdell
H.B. No. 1376

A BILL TO BE ENTITLED

AN ACT

relating to the authority of the public safety director of the

Department of Public Safety to adopt rules requiring the use and

installation of intrastate commercial motor vehicle electronic

logging devices.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 644.053(a), Transportation Code, is

amended to read as follows:

(a) A rule adopted under this chapter may not:

(1) prevent an intrastate operator from operating a

vehicle up to 12 hours following eight consecutive hours off;

(2) require a person to meet the medical standards

provided in the federal motor carrier safety regulations if the

person:

(A) was regularly employed in this state as a

commercial motor vehicle operator in intrastate commerce before

August 28, 1989; and

(B) is not transporting property that requires a

hazardous material placard;

(3) require a person who returns to the work-reporting

location, is released from work within 12 consecutive hours, has at

least eight consecutive hours off between each 12-hour period the

person is on duty, and operates within a 150-air-mile radius of the

normal work-reporting location to maintain a driver's record of

duty status as described by 49 C.F.R. Section 395.8, provided that

the person maintains time records in compliance with 49 C.F.R.

Section 395.1(e)(5) and documents that verify the truth and

accuracy of the time records such as:

(A) business records maintained by the owner that

provide the date, time, and location of the delivery of a product or

service; or

(B) documents required to be maintained by law,

including delivery tickets or sales invoices, that provide the date

of delivery and the quantity of merchandise delivered; [ or ]

(4) impose during a planting or harvesting season

maximum driving and on-duty times on an operator of a vehicle

transporting an agricultural commodity in intrastate commerce for

agricultural purposes from the source of the commodity to the first

place of processing or storage or the distribution point for the

commodity, if the place is located within 150 air miles of the

source ; or

(5) require an electronic logging device:

(A) to record an intrastate operator's duty

status; or

(B) to be installed in a commercial motor vehicle

used only for intrastate commerce .

SECTION 2. This Act takes effect September 1, 2025.