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AN ACT
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relating to school bus safety; creating an offense. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Section 521.022(d), Transportation Code, is |
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amended to read as follows: |
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�������(d)��A person may not operate a school bus for the |
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transportation of students unless the person's driving record is |
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acceptable according to minimum standards adopted by the |
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department. A check of the person's driving record shall be made |
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with the department annually. The minimum standards adopted by the |
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department must provide that a person's driving record is not |
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acceptable if the person has been convicted of an offense under |
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Section 49.04, 49.045, 49.07, or 49.08, Penal Code, within the |
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10-year period preceding the date of the check of the person's |
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driving record. |
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�������SECTION�2.��Section 541.201, Transportation Code, is amended |
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by adding Subdivision (11-a) and amending Subdivision (15) to read |
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as follows: |
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�������������(11-a)��"Multifunction school activity bus" means a |
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motor vehicle that was manufactured in compliance with the federal |
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motor vehicle safety standards for school buses in effect on the |
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date of manufacture other than the standards requiring the bus to |
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display alternately flashing red lights and to be equipped with |
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movable stop arms, and that is used to transport preprimary, |
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primary, or secondary students on a school-related activity trip |
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other than on routes to and from school. The term does not include a |
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school bus, a school activity bus, a school-chartered bus, or a bus |
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operated by a mass transit authority. |
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�������������(15)��"School activity bus" means a bus designed to |
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accommodate more than 15 passengers, including the operator, that |
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is owned, operated, rented, or leased by a school district, county |
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school, open-enrollment charter school, regional education service |
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center, or shared services arrangement and that is used to |
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transport public school students on a school-related activity trip, |
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other than on routes to and from school. The term does not include a |
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chartered bus, a bus operated by a mass transit authority, [or] a |
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school bus, or a multifunction school activity bus. |
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�������SECTION�3.��Section 545.001, Transportation Code, is amended |
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to read as follows: |
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�������Sec.�545.001.��DEFINITIONS [DEFINITION]. In this chapter: |
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�������������(1)��"Pass" [, "pass"] or "passing" used in reference |
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to a vehicle means to overtake and proceed past another vehicle |
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moving in the same direction as the passing vehicle or to attempt |
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that maneuver. |
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�������������(2)��"School bus" includes a multifunction school |
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activity bus. |
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�������SECTION�4.��Section 545.413(a), Transportation Code, is |
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amended to read as follows: |
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�������(a)��A person commits an offense if: |
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�������������(1)��the person: |
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�������������������(A)�[(1)]��is at least 15 years of age; |
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�������������������(B)�[(2)]��is riding in the front seat of a |
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passenger vehicle while the vehicle is being operated; |
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�������������������(C)�[(3)]��is occupying a seat that is equipped |
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with a safety belt; and |
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�������������������(D)�[(4)]��is not secured by a safety belt; or |
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�������������(2)��as the operator of a school bus equipped with a |
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safety belt for the operator's seat, the person is not secured by |
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the safety belt. |
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�������SECTION�5.��Subchapter I, Chapter 545, Transportation Code, |
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is amended by adding Section 545.426 to read as follows: |
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�������Sec.�545.426.��OPERATION OF SCHOOL BUS. (a)��A person may |
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not operate a school bus if: |
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�������������(1)��the door of the school bus is open; or |
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�������������(2)��the number of passengers on the bus is greater than |
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the manufacturer's design capacity for the bus. |
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�������(b)��An operator of a school bus, while operating the bus, |
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shall prohibit a passenger from: |
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�������������(1)��standing in the bus; or |
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�������������(2)��sitting: |
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�������������������(A)��on the floor of the bus; or |
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�������������������(B)��in any location on the bus that is not |
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designed as a seat. |
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�������(c)��The department may adopt rules necessary to administer |
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and enforce this section. |
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�������SECTION�6.��Subchapter L, Chapter 547, Transportation Code, |
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is amended by adding Section 547.7012 to read as follows: |
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�������Sec.�547.7012.��REQUIREMENTS FOR MULTIFUNCTION SCHOOL |
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ACTIVITY BUSES. A multifunction school activity bus may not be |
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painted National School Bus Glossy Yellow. |
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�������SECTION�7.��Chapter 34, Education Code, is amended by adding |
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Section 34.0021 to read as follows: |
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�������Sec.�34.0021.��SCHOOL BUS EMERGENCY EVACUATION TRAINING. |
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(a) Pursuant to the safety standards established by the Department |
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of Public Safety under Section 34.002, each school district shall |
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conduct a training session for students and teachers concerning |
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procedures for evacuating a school bus during an emergency. |
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�������(b)��A school district shall conduct the school bus emergency |
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evacuation training at least twice each school year, with one |
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training session occurring in the fall and one training session |
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occurring in the spring. A portion of the training session must |
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occur on a school bus and the training session must last for at |
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least one hour. |
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�������(c)��The school bus emergency evacuation training must be |
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based on the recommendations of the most recent edition of the |
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National School Transportation Specifications and Procedures, as |
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adopted by the National Congress on School Transportation, or a |
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similar school transportation safety manual. |
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�������(d)��Not later than the 30th day after the date that a school |
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district completes a training session, the district shall provide |
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the Department of Public Safety with a record certifying the |
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district's completion of the training. |
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�������(e)��The Department of Public Safety may adopt rules |
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necessary to implement this section. |
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�������SECTION�8.��The change in law made by this Act by adding |
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Section 34.0021, Education Code, applies beginning with the |
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2007-2008 school year. |
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�������SECTION�9.��This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I certify that H.B. No. 3190 was passed by the House on May |
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11, 2007, by the following vote:��Yeas 144, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3190 on May 25, 2007, by the following vote:��Yeas 138, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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�������I certify that H.B. No. 3190 was passed by the Senate, with |
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amendments, on May 23, 2007, by the following vote:��Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate��� |
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APPROVED: __________________ |
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����������������Date������� |
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�������� __________________ |
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��������������Governor������� |