By Jones of Lubbock H.B. No. 1756
74R5167 DWS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulation of driving by a minor; providing a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1, Chapter 173, Acts of the 47th
1-5 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
1-6 Civil Statutes), is amended by adding Subdivision (13) to read as
1-7 follows:
1-8 (13) "Moving violation" means a violation of a law
1-9 regulating the operation of a motor vehicle, other than a law
1-10 regulating parking, inspection, or registration of a motor vehicle.
1-11 SECTION 2. Section 7, Chapter 173, Acts of the 47th
1-12 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
1-13 Civil Statutes), is amended by amending Subsection (a) and adding
1-14 Subsection (d) to read as follows:
1-15 (a) The Department may license a person as a Class C driver
1-16 who is under the age of eighteen (18) years, provided the person:
1-17 (1) is sixteen (16) years of age or older;
1-18 (2) has held an instruction permit for at least 14
1-19 days preceding the date of the application after completing and
1-20 passing <has completed and passed> a driver training course
1-21 approved by the Central Education Agency that includes the
1-22 requirements for a driving safety course approved by the agency,
1-23 except that this subdivision does not apply to a person who has
1-24 held a driver's license issued by another state for at least six
2-1 months preceding the date of the application and the Department
2-2 determines is sufficiently experienced;
2-3 (3) has obtained a high school diploma or its
2-4 equivalent or is a student enrolled in a public or private school
2-5 who attended school for at least 80 days in the fall or spring
2-6 semester preceding the date of application, or has been enrolled
2-7 for at least 45 days, and is currently enrolled, in a program to
2-8 prepare persons to pass the high school equivalency exam; and
2-9 (4) has passed the examination required by Section 10
2-10 of this Act.
2-11 (d) The Department may not issue a Class M driver's license
2-12 to a person under eighteen (18) years of age unless the person has
2-13 successfully completed a motorcycle safety course approved by the
2-14 department.
2-15 SECTION 3. Chapter 173, Acts of the 47th Legislature,
2-16 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
2-17 Statutes), is amended by adding Section 10B to read as follows:
2-18 Sec. 10B. REEXAMINATION. (a) The department may require a
2-19 holder of a driver's license who is under eighteen (18) years of
2-20 age to be examined as provided by Section 10(a) of this Act if:
2-21 (1) the license holder is involved in an accident
2-22 resulting in the death of a person; or
2-23 (2) the department has good cause to believe that the
2-24 license holder is unfit, unsafe, or otherwise not qualified to be
2-25 licensed.
2-26 (b) Based on the examination, the department may suspend,
2-27 revoke, or impose restrictions on the license.
3-1 (c) The department may not require examination of a license
3-2 holder under this section because of allegations by a person that
3-3 the license holder is unfit or unsafe unless the license holder is
3-4 permitted to question the person at a hearing.
3-5 (d) The department may suspend or revoke the license of a
3-6 person who does not submit to an examination required under this
3-7 section in the manner provided for a suspension or revocation under
3-8 Section 22 of this Act.
3-9 SECTION 4. Section 11A, Chapter 173, Acts of the 47th
3-10 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
3-11 Civil Statutes), is amended to read as follows:
3-12 Sec. 11A. Provisional Licenses. (a) Except as provided by
3-13 Subsection (e) of this section, whenever <Whenever> the Department
3-14 of Public Safety issues an original driver's license to a person
3-15 under eighteen (18) years of age, the license shall be designated
3-16 and clearly marked as a provisional license.
3-17 (b) A provisional license holder may not operate a motor
3-18 vehicle on a public highway between midnight and 6 a.m. unless:
3-19 (1) the person is accompanied by a licensed driver who
3-20 is 21 years of age or older and who occupies a seat by the person;
3-21 or
3-22 (2) the operation of the vehicle is necessary because
3-23 of:
3-24 (A) an emergency involving possible harm to a
3-25 person or property; or
3-26 (B) the license holder's employment or
3-27 participation in a school-sponsored activity.
4-1 (c) The department shall designate and mark a license as a
4-2 provisional license, regardless of the applicant's age, if:
4-3 (1) the most recent license held by the applicant was
4-4 a provisional license; and
4-5 (2) the person was alleged to have committed a moving
4-6 violation during the one-year period preceding the date of the
4-7 application and the allegation:
4-8 (A) resulted in a final conviction of the
4-9 violation; or
4-10 (B) has not been finally disposed of before the
4-11 date of the application.
4-12 (d) Proof of the existence of a condition under Subsection
4-13 (b)(2) of this section is an affirmative defense to prosecution for
4-14 a violation of Subsection (b) of this section.
4-15 (e) The department shall issue the holder of a provisional
4-16 license a driver's license that is not designated or marked as a
4-17 provisional license, regardless of the expiration date of the
4-18 provisional license, if:
4-19 (1) the license holder applies to the department for
4-20 the driver's license;
4-21 (2) the license holder is at least 17 years of age;
4-22 (3) the license holder has held a provisional license
4-23 for at least one year; and
4-24 (4) during the one-year period preceding the date of
4-25 the application the license holder has not been:
4-26 (A) convicted of a moving violation; or
4-27 (B) subject to an allegation of a moving
5-1 violation that has not been finally disposed of before the date of
5-2 the application.
5-3 SECTION 5. Section 12(c), Chapter 173, Acts of the 47th
5-4 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
5-5 Civil Statutes), is amended to read as follows:
5-6 (c) The Department may issue a driver education student
5-7 permit without a photograph to any person fifteen (15) years of age
5-8 or older but younger than eighteen (18) years of age who is
5-9 enrolled in an approved driver education course. The driver
5-10 education student permit allows the person to operate a vehicle
5-11 equipped as required by the course provider while the person is
5-12 under the control of the course instructor. The Department may
5-13 issue an instruction permit without photograph to any person
5-14 fifteen (15) years and nine (9) months of age or older but younger
5-15 than eighteen (18) years of age who has satisfactorily completed
5-16 and passed the classroom phase of an approved driver education
5-17 course, has obtained a high school diploma or its equivalent or is
5-18 a student enrolled in a public or private school who attended
5-19 school for at least 80 days in the fall or spring semester
5-20 preceding the date of application, or has been enrolled for at
5-21 least 45 days, and is currently enrolled, in a program to prepare
5-22 persons to pass the high school equivalency exam, and who has
5-23 successfully passed all parts of the driver examination required in
5-24 Section 10 of this Act other than the driving test. The Department
5-25 may issue an instruction permit without photograph to any person
5-26 eighteen (18) years of age or older who has successfully passed all
5-27 parts of the driver examination required in Section 10 of this Act
6-1 other than the driving test. The instruction permit shall entitle
6-2 the applicant while having the permit in his immediate possession
6-3 to drive a type or general class of motor vehicle upon the public
6-4 highways when accompanied by a licensed driver, whose license
6-5 qualifies him to operate that type or general class of vehicle, who
6-6 is at least twenty-one (21) <eighteen (18)> years of age, who has
6-7 at least three (3) years <one (1) year> of driving experience, and
6-8 who is occupying a seat by the driver. The holder of a driver
6-9 education student permit or an instruction permit may not apply for
6-10 another license or permit under this Act before the 15th day after
6-11 the date the permit is issued.
6-12 SECTION 6. Sections 18(a) and (b), Chapter 173, Acts of the
6-13 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
6-14 Texas Civil Statutes), are amended to read as follows:
6-15 (a) All original driver's and provisional licenses shall be
6-16 dated to expire as follows:
6-17 (1) Driver's License--on the next birthdate of the
6-18 licensee occurring four (4) years after the date of application;
6-19 (2) Provisional License--on the eighteenth (18th)
6-20 birthdate of the licensee or the next birthdate of the licensee
6-21 occurring after the date of application, whichever is later
6-22 <earlier>;
6-23 (3) Instruction Permit--180 days after the date the
6-24 permit is issued <on the next birthdate of holder occurring after
6-25 the date of application>; <and>
6-26 (4) Driver Education Student Permit--on the obtaining
6-27 by the person of another permit or license under this Act; and
7-1 (5) Occupational License--one (1) year from date of
7-2 order of court granting authority to drive.
7-3 (b) All renewals of driver's licenses except provisional
7-4 licenses shall be dated to expire four (4) years from expiration
7-5 date appearing on current license. A renewal of a provisional
7-6 license shall be dated to expire one (1) year from the expiration
7-7 date appearing on the current license.
7-8 SECTION 7. Section 22(b), Chapter 173, Acts of the 47th
7-9 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
7-10 Civil Statutes), is amended to read as follows:
7-11 (b) Except for the fifth (5th), tenth (10th), eleventh
7-12 (11th), thirteenth (13th), <twelfth (12th),> fourteenth (14th), and
7-13 fifteenth (15th)<, and sixteenth (16th)> listed grounds in this
7-14 subsection, for which the director has authority to revoke a
7-15 license, the authority to suspend the license of any driver as
7-16 authorized in this Section is granted the director upon determining
7-17 that the person:
7-18 (1) has operated a motor vehicle on a highway while
7-19 the person's license was suspended, revoked, canceled,
7-20 disqualified, or denied;
7-21 (2) has been responsible as a driver for any accident
7-22 resulting in death;
7-23 (3) is an habitual reckless or negligent driver of a
7-24 motor vehicle;
7-25 (4) is an habitual violator of the traffic law.
7-26 The term "habitual violator" as used herein, shall mean any
7-27 person with four (4) or more convictions arising out of different
8-1 transactions in a consecutive period of twelve (12) months, or
8-2 seven (7) or more convictions arising out of different transactions
8-3 within a period of twenty-four (24) months, such convictions being
8-4 for moving violations of the traffic laws of any state or its
8-5 political subdivisions other than a violation of:
8-6 (A) Section 3 or 5, Chapter 42, General Laws,
8-7 Acts of the 41st Legislature, 2nd Called Session, 1929 (Article
8-8 6701d-11, Vernon's Texas Civil Statutes);
8-9 (B) Chapter 293, Acts of the 53rd Legislature,
8-10 Regular Session, 1953 (Article 6701d-12, Vernon's Texas Civil
8-11 Statutes);
8-12 (C) Chapter 608, Acts of the 65th Legislature,
8-13 Regular Session, 1977 (Article 6701d-12a, Vernon's Texas Civil
8-14 Statutes);
8-15 (D) Chapter 73, Acts of the 54th Legislature,
8-16 Regular Session, 1955 (Article 6701d-13, Vernon's Texas Civil
8-17 Statutes);
8-18 (E) Chapter 212, Acts of the 56th Legislature,
8-19 Regular Session, 1959 (Article 6701d-14, Vernon's Texas Civil
8-20 Statutes);
8-21 (F) Chapter 8, Acts of the 62nd Legislature,
8-22 Regular Session, 1971 (Article 6701d-17, Vernon's Texas Civil
8-23 Statutes); or
8-24 (G) Section 107C, Uniform Act Regulating Traffic
8-25 on Highways (Article 6701d, Vernon's Texas Civil Statutes);
8-26 (5) is incapable of safely driving a motor vehicle;
8-27 (6) has permitted an unlawful or fraudulent use of
9-1 such license;
9-2 (7) has committed an offense in another state, which
9-3 if committed in this State would be grounds for suspension or
9-4 revocation;
9-5 (8) has violated a restriction or endorsement imposed
9-6 on the use of the license;
9-7 (9) has been responsible as a driver for any accident
9-8 resulting in serious personal injury or serious property damage;
9-9 (10) <is the holder of a provisional license under
9-10 Section 11A of this Act and has been convicted of two (2) or more
9-11 moving violations committed within a period of twelve (12) months;>
9-12 <(11)> has not complied with the terms of a citation
9-13 issued by a jurisdiction that is a member of the Nonresident
9-14 Violator Compact of 1977 for a violation to which the compact
9-15 applies;
9-16 (11) <(12)> has a warrant of arrest outstanding, for
9-17 failure to appear or pay a fine on a complaint, that is issued by a
9-18 political subdivision that has contracted with the Department under
9-19 Article 6687c, Revised Statutes;
9-20 (12) <(13)> has committed an offense under Section
9-21 186, Uniform Act Regulating Traffic on Highways (Article 6701d,
9-22 Vernon's Texas Civil Statutes);
9-23 (13) <(14)> has failed to provide medical records or
9-24 has failed to undergo medical or other examinations as required by
9-25 a panel of the Medical Advisory Board;
9-26 (14) <(15)> has failed to take, or failed to pass, any
9-27 examination required by the director under this Act; or
10-1 (15) <(16)> has been reported by a court under Section
10-2 1c or 2(a), Chapter 302, Acts of the 55th Legislature, Regular
10-3 Session, 1957 (Article 6701l-4, Vernon's Texas Civil Statutes), for
10-4 failure to appear or default in payment of a fine unless the court
10-5 has filed an additional report on final disposition of the case.
10-6 SECTION 8. Sections 24(a-1) and (j), Chapter 173, Acts of
10-7 the 47th Legislature, Regular Session, 1941 (Article 6687b,
10-8 Vernon's Texas Civil Statutes), are amended to read as follows:
10-9 (a-1) The license of any person who was younger than 21
10-10 years of age at the time of the offense, other than a misdemeanor
10-11 punishable by fine only, except an offense under Section 49.045,
10-12 Penal Code, shall be automatically suspended on conviction of:
10-13 (1) an offense under Section 49.04 or 49.045, Penal
10-14 Code;
10-15 (2) an offense under Sections 49.05-49.08, Penal Code
10-16 <Article 6701l-1, Revised Statutes>, committed as a result of the
10-17 introduction of alcohol into the body;
10-18 (3) <(2)> an offense under the Alcoholic Beverage Code
10-19 involving the manufacture, delivery, possession, transportation, or
10-20 use of an alcoholic beverage;
10-21 (4) <(3)> a misdemeanor offense under Chapter 481,
10-22 Health and Safety Code (Texas Controlled Substances Act), for which
10-23 Section 24B of this Act does not require the automatic suspension
10-24 of the license of the person;
10-25 (5) <(4)> an offense under Chapter 483, Health and
10-26 Safety Code, involving the manufacture, delivery, possession,
10-27 transportation, or use of a dangerous drug; or
11-1 (6) <(5)> an offense under Chapter 484, Health and
11-2 Safety Code, involving the manufacture, delivery, possession,
11-3 transportation, or use of a volatile chemical.
11-4 (j) The Department shall suspend the license of a person who
11-5 is younger than 21 years of age and is convicted of an offense
11-6 under Sections 49.04-49.08 <Section 19.05(a)(2)>, Penal Code, <or
11-7 Article 6701l-1, Revised Statutes,> regardless of whether the
11-8 person is required to attend an educational program designed to
11-9 rehabilitate persons who have driven while intoxicated under
11-10 Section 13(h), Article 42.12, Code of Criminal Procedure, for one
11-11 year. If a person required to attend an educational program
11-12 designed to rehabilitate persons who have driven while intoxicated
11-13 under Section 13(h), Article 42.12, Code of Criminal Procedure,
11-14 does not complete the program before the end of the person's
11-15 suspension, the Department shall continue the suspension until the
11-16 Department receives proof that the person has successfully
11-17 completed the program. A person who completes the educational
11-18 program required under this subsection may submit proof of the
11-19 completion to the clerk of the convicting court who shall send it
11-20 to the Department in the manner provided by Section 13(h), Article
11-21 42.12, Code of Criminal Procedure.
11-22 SECTION 9. Chapter 173, Acts of the 47th Legislature,
11-23 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
11-24 Statutes), is amended by adding Section 24C to read as follows:
11-25 Sec. 24C. SUSPENSION OF PROVISIONAL LICENSE. (a) A
11-26 provisional license under Section 11A of this Act may be suspended
11-27 on final conviction of a moving violation.
12-1 (b) If the license holder has not previously been finally
12-2 convicted of a moving violation while the person held a provisional
12-3 license, the period of suspension is six months. If the license
12-4 holder has been previously convicted of a moving violation while
12-5 the person held a provisional license, the period of suspension
12-6 ends on the later of:
12-7 (1) the first anniversary of the date of the
12-8 subsequent conviction; or
12-9 (2) the license holder's 18th birthday.
12-10 (c) During the period of suspension the department may not
12-11 reinstate the provisional license or issue the person whose license
12-12 was suspended another license, except that the person is not
12-13 ineligible to receive an occupational license under Section 23A of
12-14 this Act because of the suspension.
12-15 (d) The department may defer a suspension under this
12-16 section, under conditions determined by the department, as
12-17 necessary to allow a person to attend an alcohol training or
12-18 treatment program or to prevent an adverse effect on the person's
12-19 employment or education.
12-20 (e) A suspension under this section is subject to the same
12-21 hearing requirements as a suspension under Section 22 of this Act.
12-22 SECTION 10. Chapter 173, Acts of the 47th Legislature,
12-23 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
12-24 Statutes), is amended by adding Section 44C to read as follows:
12-25 Sec. 44C. DRIVER IMPROVEMENT. (a) The department by rule
12-26 shall establish driver improvement and alcohol and drug education
12-27 courses and shall provide the courses or regulate the providers of
13-1 the courses.
13-2 (b) On conviction of the holder of a provisional license for
13-3 a moving violation, the court shall require the license holder to
13-4 attend a driver improvement course or an alcohol and drug education
13-5 course.
13-6 (c) The department may condition reinstatement of a
13-7 suspended provisional license on the license holder's attending a
13-8 driver improvement or alcohol and drug education course.
13-9 (d) An alcohol and drug education course must consist of at
13-10 least three hours of instruction in:
13-11 (1) the hazards of driving while impaired or
13-12 intoxicated;
13-13 (2) the penalties for alcohol and drug-related motor
13-14 vehicle offenses;
13-15 (3) the medical, biological, and psychological effects
13-16 of the consumption of alcohol and drugs and their effect on the
13-17 operation of a motor vehicle; and
13-18 (4) other relevant information required by the
13-19 department.
13-20 (e) This section does not affect any other requirement under
13-21 law that a person attend an alcohol or drug education or
13-22 rehabilitation program, except that the court or department may
13-23 allow such a program to satisfy the requirements of this section.
13-24 SECTION 11. Chapter 49, Penal Code, is amended by adding
13-25 Section 49.045 to read as follows:
13-26 Sec. 49.045. DRIVING UNDER THE INFLUENCE OF ALCOHOL BY
13-27 MINOR. (a) In this section, "under the influence of alcohol"
14-1 means having an alcohol concentration that is detectable but less
14-2 than 0.10.
14-3 (b) A person younger than 21 years of age commits an offense
14-4 if the person operates a motor vehicle in a public place while the
14-5 person is under the influence of alcohol.
14-6 (c) An offense under Subsection (b) is a Class C
14-7 misdemeanor.
14-8 SECTION 12. Section 1, Chapter 434, Acts of the 61st
14-9 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
14-10 Civil Statutes), is amended to read as follows:
14-11 Sec. 1. (a) Any person who operates a motor vehicle in a
14-12 public place, or a watercraft, in this state shall be deemed to
14-13 have given consent, subject to the provisions of this Act, to
14-14 submit to the taking of one or more specimens of the person's <his>
14-15 breath or blood for the purpose of analysis to determine the
14-16 alcohol concentration or the presence in the person's <his> body of
14-17 a controlled substance, drug, dangerous drug, or other substance,
14-18 if arrested for any offense arising out of acts alleged to have
14-19 been committed while a person was driving or in actual physical
14-20 control of a motor vehicle or a watercraft while intoxicated.
14-21 (b) A person younger than 21 years of age who operates a
14-22 motor vehicle in a public place in this state shall be deemed to
14-23 have given consent, subject to the provisions of this Act, to
14-24 submit to the taking of one or more specimens of the person's
14-25 breath or blood for the purpose of analysis to determine the
14-26 alcohol concentration in the person's body if arrested for an
14-27 offense under Section 49.045, Penal Code.
15-1 (c) Any person so arrested may consent to the giving of any
15-2 other type of specimen to determine the person's <his> alcohol
15-3 concentration, but the person <he> shall not be deemed, solely on
15-4 the basis of the person's <his> operation of a motor vehicle in a
15-5 public place, or a watercraft, in this state, to have given consent
15-6 to give any type of specimen other than a specimen of the person's
15-7 <his> breath or blood.
15-8 (d) The specimen, or specimens, shall be taken at the
15-9 request of a peace officer having reasonable grounds to believe the
15-10 person to have been driving or in actual physical control of a
15-11 motor vehicle in a public place, or a watercraft, in this state
15-12 while intoxicated or to have been operating a motor vehicle in
15-13 violation of Section 49.045, Penal Code.
15-14 SECTION 13. Section 2(e), Chapter 434, Acts of the 61st
15-15 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
15-16 Civil Statutes), is amended to read as follows:
15-17 (e) The director shall approve the form of the report. The
15-18 report must show the grounds for the officer's belief that the
15-19 person had been operating a motor vehicle while intoxicated or in
15-20 violation of Section 49.045, Penal Code. The report must also show
15-21 that the person refused to give a specimen, as evidenced by:
15-22 (1) a written refusal to give a specimen, signed by
15-23 the person; or
15-24 (2) a statement signed by the officer stating that the
15-25 person refused to give a specimen and also refused to sign the
15-26 statement requested by the officer under Subsection (c) of this
15-27 section.
16-1 SECTION 14. Section 2(f), Chapter 434, Acts of the 61st
16-2 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
16-3 Civil Statutes), as amended by Chapters 82, 790, 796, 886, and 900,
16-4 Acts of the 73rd Legislature, 1993, is amended to read as follows:
16-5 (f) A copy of the notice of suspension or denial and the
16-6 refusal report under Subsection (e) of this section shall be
16-7 forwarded by the officer to the department before the end of the
16-8 fifth business day after the date of the arrest. When the director
16-9 receives the report, the director shall suspend the person's
16-10 license, permit, or resident or nonresident privilege to operate a
16-11 motor vehicle on a public highway, or shall issue an order
16-12 prohibiting the person from obtaining a license or permit, for 90
16-13 days if the person is 21 years of age or older, or one year if the
16-14 person is younger than 21 years of age, effective 28 days after the
16-15 date the person receives notice by certified mail or 31 days after
16-16 the date the director sends notice by certified mail, if the person
16-17 has not accepted delivery of the notice. If, not later than the
16-18 20th day after the date on which the person receives notice by
16-19 certified mail or the 23rd day after the date the director sent
16-20 notice by certified mail, if the person has not accepted delivery
16-21 of the notice, the department receives a written demand that a
16-22 hearing be held, the department shall promptly make arrangements to
16-23 set the hearing for the earliest practical time. The hearing shall
16-24 be set in the same manner as a hearing under Section 22(a), Chapter
16-25 173, Acts of the 47th Legislature, Regular Session, 1941, as
16-26 amended (Article 6687b, Vernon's Texas Civil Statutes). If, upon
16-27 such hearing the hearing officer finds (1) that probable cause
17-1 existed that such person was driving or in actual physical control
17-2 of a motor vehicle in a public place while intoxicated or in
17-3 violation of Section 49.045, Penal Code, (2) that the person was
17-4 placed under arrest by the officer and was offered an opportunity
17-5 to give a specimen under the provisions of this Act, and (3) that
17-6 such person refused to give a specimen upon request of the officer,
17-7 then the Director of the Texas Department of Public Safety shall
17-8 suspend the person's license or permit to drive, or any nonresident
17-9 operating privilege for a period of 90 days if the person is 21
17-10 years of age or older, or for a period of not more than one year if
17-11 the person is younger than 21 years of age. If the person is a
17-12 resident without a license or permit to operate a motor vehicle in
17-13 this State, the Texas Department of Public Safety shall deny to
17-14 the person the issuance of a license or permit for 90 days if the
17-15 person is 21 years of age or older, or for a period of not more
17-16 than one year if the person is younger than 21 years of age. If,
17-17 after a hearing has been requested, the person or the person's
17-18 agent fails to appear at a hearing under this subsection, the
17-19 department shall suspend the person's license, permit, or resident
17-20 or nonresident operating privilege for 90 days.
17-21 SECTION 15. This Act does not invalidate an instructional
17-22 permit or provisional license issued before the effective date of
17-23 this Act to a person 15 years of age or older.
17-24 SECTION 16. (a) The changes in law made by this Act apply
17-25 only to an offense committed on or after the effective date of this
17-26 Act. For purposes of this section, an offense is committed before
17-27 the effective date of this Act if any element of the offense occurs
18-1 before that date.
18-2 (b) An offense committed before the effective date of this
18-3 Act is covered by the law in effect when the offense was committed,
18-4 and the former law is continued in effect for that purpose.
18-5 SECTION 17. This Act takes effect September 1, 1995.
18-6 SECTION 18. The importance of this legislation and the
18-7 crowded condition of the calendars in both houses create an
18-8 emergency and an imperative public necessity that the
18-9 constitutional rule requiring bills to be read on three several
18-10 days in each house be suspended, and this rule is hereby suspended.