By Goolsby H.B. No. 2363
74R2673 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 11A, Chapter 173, Acts of the 47th
1-12 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
1-13 Civil Statutes), is amended to read as follows:
1-14 Sec. 11A. Provisional Licenses. (a) Whenever the
1-15 Department of Public Safety issues an original driver's license to
1-16 a person under eighteen (18) years of age, the license shall be
1-17 designated and clearly marked as a provisional license.
1-18 (b) A provisional license holder may not operate a motor
1-19 vehicle on a public highway between midnight and 6 a.m. unless:
1-20 (1) the person is accompanied by a licensed driver who
1-21 is 21 years of age or older and who occupies a seat by the person;
1-22 or
1-23 (2) the operation of the vehicle is necessary because
1-24 of:
2-1 (A) an emergency involving possible harm to a
2-2 person or property; or
2-3 (B) the license holder's employment.
2-4 (c) The department shall designate and mark a license as a
2-5 provisional license, regardless of the applicant's age, if:
2-6 (1) the most recent license held by the applicant was
2-7 a provisional license; and
2-8 (2) the person was alleged to have committed a moving
2-9 violation during the one-year period preceding the date of the
2-10 application and the allegation:
2-11 (A) resulted in a final conviction of the
2-12 violation; or
2-13 (B) has not been finally disposed of before the
2-14 date of the application.
2-15 (d) Proof of the existence of a condition under Subsection
2-16 (b)(2) of this section is an affirmative defense to prosecution for
2-17 a violation of Subsection (b) of this section.
2-18 (e) The department shall issue the holder of a provisional
2-19 license a driver's license that is not designated or marked as a
2-20 provisional license, regardless of the expiration date of the
2-21 provisional license, if:
2-22 (1) the license holder applies to the department for
2-23 the driver's license;
2-24 (2) the license holder is at least 18 years of age;
2-25 and
2-26 (3) during the one-year period preceding the date of
2-27 the application the license holder has not been:
3-1 (A) convicted of a moving violation; or
3-2 (B) subject to an allegation of a moving
3-3 violation that has not been finally disposed of before the date of
3-4 the application.
3-5 SECTION 3. Section 12(c), Chapter 173, Acts of the 47th
3-6 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
3-7 Civil Statutes), is amended to read as follows:
3-8 (c) The Department may issue an instruction permit without
3-9 photograph to any person fifteen (15) years and nine (9) months of
3-10 age or older but younger than eighteen (18) years of age who has
3-11 satisfactorily completed and passed the classroom phase of an
3-12 approved driver education course, has obtained a high school
3-13 diploma or its equivalent or is a student enrolled in a public or
3-14 private school who attended school for at least 80 days in the fall
3-15 or spring semester preceding the date of application, or has been
3-16 enrolled for at least 45 days, and is currently enrolled, in a
3-17 program to prepare persons to pass the high school equivalency
3-18 exam, and who has successfully passed all parts of the driver
3-19 examination required in Section 10 of this Act other than the
3-20 driving test. The Department may issue an instruction permit
3-21 without photograph to any person eighteen (18) years of age or
3-22 older who has successfully passed all parts of the driver
3-23 examination required in Section 10 of this Act other than the
3-24 driving test. The instruction permit shall entitle the applicant
3-25 while having the permit in his immediate possession to drive a type
3-26 or general class of motor vehicle upon the public highways when
3-27 accompanied by a licensed driver, whose license qualifies him to
4-1 operate that type or general class of vehicle, who is at least
4-2 twenty-one (21) <eighteen (18)> years of age, who has at least
4-3 three (3) years <one (1) year> of driving experience, and who is
4-4 occupying a seat by the driver.
4-5 SECTION 4. Sections 18(a) and (b), Chapter 173, Acts of the
4-6 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
4-7 Texas Civil Statutes), are amended to read as follows:
4-8 (a) All original driver's and provisional licenses shall be
4-9 dated to expire as follows:
4-10 (1) Driver's License--on the next birthdate of the
4-11 licensee occurring four (4) years after the date of application;
4-12 (2) Provisional License--on the eighteenth (18th)
4-13 birthdate of the licensee or the next birthdate of the licensee
4-14 occurring after the date of application, whichever is later
4-15 <earlier>;
4-16 (3) Instruction Permit--on the next birthdate of
4-17 holder occurring after the date of application; and
4-18 (4) Occupational License--one (1) year from date of
4-19 order of court granting authority to drive.
4-20 (b) All renewals of driver's licenses except provisional
4-21 licenses shall be dated to expire four (4) years from expiration
4-22 date appearing on current license. A renewal of a provisional
4-23 license shall be dated to expire one (1) year from the expiration
4-24 date appearing on the current license.
4-25 SECTION 5. Section 22(b), Chapter 173, Acts of the 47th
4-26 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
4-27 Civil Statutes), is amended to read as follows:
5-1 (b) Except for the fifth (5th), tenth (10th), eleventh
5-2 (11th), thirteenth (13th), <twelfth (12th),> fourteenth (14th), and
5-3 fifteenth (15th)<, and sixteenth (16th)> listed grounds in this
5-4 subsection, for which the director has authority to revoke a
5-5 license, the authority to suspend the license of any driver as
5-6 authorized in this Section is granted the director upon determining
5-7 that the person:
5-8 (1) has operated a motor vehicle on a highway while
5-9 the person's license was suspended, revoked, canceled,
5-10 disqualified, or denied;
5-11 (2) has been responsible as a driver for any accident
5-12 resulting in death;
5-13 (3) is an habitual reckless or negligent driver of a
5-14 motor vehicle;
5-15 (4) is an habitual violator of the traffic law.
5-16 The term "habitual violator" as used herein, shall mean any
5-17 person with four (4) or more convictions arising out of different
5-18 transactions in a consecutive period of twelve (12) months, or
5-19 seven (7) or more convictions arising out of different transactions
5-20 within a period of twenty-four (24) months, such convictions being
5-21 for moving violations of the traffic laws of any state or its
5-22 political subdivisions other than a violation of:
5-23 (A) Section 3 or 5, Chapter 42, General Laws,
5-24 Acts of the 41st Legislature, 2nd Called Session, 1929 (Article
5-25 6701d-11, Vernon's Texas Civil Statutes);
5-26 (B) Chapter 293, Acts of the 53rd Legislature,
5-27 Regular Session, 1953 (Article 6701d-12, Vernon's Texas Civil
6-1 Statutes);
6-2 (C) Chapter 608, Acts of the 65th Legislature,
6-3 Regular Session, 1977 (Article 6701d-12a, Vernon's Texas Civil
6-4 Statutes);
6-5 (D) Chapter 73, Acts of the 54th Legislature,
6-6 Regular Session, 1955 (Article 6701d-13, Vernon's Texas Civil
6-7 Statutes);
6-8 (E) Chapter 212, Acts of the 56th Legislature,
6-9 Regular Session, 1959 (Article 6701d-14, Vernon's Texas Civil
6-10 Statutes);
6-11 (F) Chapter 8, Acts of the 62nd Legislature,
6-12 Regular Session, 1971 (Article 6701d-17, Vernon's Texas Civil
6-13 Statutes); or
6-14 (G) Section 107C, Uniform Act Regulating Traffic
6-15 on Highways (Article 6701d, Vernon's Texas Civil Statutes);
6-16 (5) is incapable of safely driving a motor vehicle;
6-17 (6) has permitted an unlawful or fraudulent use of
6-18 such license;
6-19 (7) has committed an offense in another state, which
6-20 if committed in this State would be grounds for suspension or
6-21 revocation;
6-22 (8) has violated a restriction or endorsement imposed
6-23 on the use of the license;
6-24 (9) has been responsible as a driver for any accident
6-25 resulting in serious personal injury or serious property damage;
6-26 (10) <is the holder of a provisional license under
6-27 Section 11A of this Act and has been convicted of two (2) or more
7-1 moving violations committed within a period of twelve (12) months;>
7-2 <(11)> has not complied with the terms of a citation
7-3 issued by a jurisdiction that is a member of the Nonresident
7-4 Violator Compact of 1977 for a violation to which the compact
7-5 applies;
7-6 (11) <(12)> has a warrant of arrest outstanding, for
7-7 failure to appear or pay a fine on a complaint, that is issued by a
7-8 political subdivision that has contracted with the Department under
7-9 Article 6687c, Revised Statutes;
7-10 (12) <(13)> has committed an offense under Section
7-11 186, Uniform Act Regulating Traffic on Highways (Article 6701d,
7-12 Vernon's Texas Civil Statutes);
7-13 (13) <(14)> has failed to provide medical records or
7-14 has failed to undergo medical or other examinations as required by
7-15 a panel of the Medical Advisory Board;
7-16 (14) <(15)> has failed to take, or failed to pass, any
7-17 examination required by the director under this Act; or
7-18 (15) <(16)> has been reported by a court under Section
7-19 1c or 2(a), Chapter 302, Acts of the 55th Legislature, Regular
7-20 Session, 1957 (Article 6701l-4, Vernon's Texas Civil Statutes), for
7-21 failure to appear or default in payment of a fine unless the court
7-22 has filed an additional report on final disposition of the case.
7-23 SECTION 6. Sections 24(a-1) and (j), Chapter 173, Acts of
7-24 the 47th Legislature, Regular Session, 1941 (Article 6687b,
7-25 Vernon's Texas Civil Statutes), are amended to read as follows:
7-26 (a-1) The license of any person who was younger than 21
7-27 years of age at the time of the offense, other than a misdemeanor
8-1 punishable by fine only, except an offense under Section 49.045,
8-2 Penal Code, shall be automatically suspended on conviction of:
8-3 (1) an offense under Section 49.04 or 49.045, Penal
8-4 Code;
8-5 (2) an offense under Sections 49.05-49.08, Penal Code
8-6 <Article 6701l-1, Revised Statutes>, committed as a result of the
8-7 introduction of alcohol into the body;
8-8 (3) <(2)> an offense under the Alcoholic Beverage Code
8-9 involving the manufacture, delivery, possession, transportation, or
8-10 use of an alcoholic beverage;
8-11 (4) <(3)> a misdemeanor offense under Chapter 481,
8-12 Health and Safety Code (Texas Controlled Substances Act), for which
8-13 Section 24B of this Act does not require the automatic suspension
8-14 of the license of the person;
8-15 (5) <(4)> an offense under Chapter 483, Health and
8-16 Safety Code, involving the manufacture, delivery, possession,
8-17 transportation, or use of a dangerous drug; or
8-18 (6) <(5)> an offense under Chapter 484, Health and
8-19 Safety Code, involving the manufacture, delivery, possession,
8-20 transportation, or use of a volatile chemical.
8-21 (j) The Department shall suspend the license of a person who
8-22 is younger than 21 years of age and is convicted of an offense
8-23 under Sections 49.04-49.08 <Section 19.05(a)(2)>, Penal Code, <or
8-24 Article 6701l-1, Revised Statutes,> regardless of whether the
8-25 person is required to attend an educational program designed to
8-26 rehabilitate persons who have driven while intoxicated under
8-27 Section 13(h), Article 42.12, Code of Criminal Procedure, for one
9-1 year. If a person required to attend an educational program
9-2 designed to rehabilitate persons who have driven while intoxicated
9-3 under Section 13(h), Article 42.12, Code of Criminal Procedure,
9-4 does not complete the program before the end of the person's
9-5 suspension, the Department shall continue the suspension until the
9-6 Department receives proof that the person has successfully
9-7 completed the program. A person who completes the educational
9-8 program required under this subsection may submit proof of the
9-9 completion to the clerk of the convicting court who shall send it
9-10 to the Department in the manner provided by Section 13(h), Article
9-11 42.12, Code of Criminal Procedure.
9-12 SECTION 7. Chapter 173, Acts of the 47th Legislature,
9-13 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
9-14 Statutes), is amended by adding Section 24C to read as follows:
9-15 Sec. 24C. AUTOMATIC SUSPENSION OF PROVISIONAL LICENSE. (a)
9-16 A provisional license under Section 11A of this Act is
9-17 automatically suspended on final conviction of a moving violation.
9-18 (b) The period of suspension begins on the date of the final
9-19 conviction. If the license holder has not previously been finally
9-20 convicted of a moving violation while the person held a provisional
9-21 license, the period of suspension is six months. If the license
9-22 holder has been previously convicted of a moving violation while
9-23 the person held a provisional license, the period of suspension
9-24 ends on the later of:
9-25 (1) the first anniversary of the date of the
9-26 subsequent conviction; or
9-27 (2) the license holder's 18th birthday.
10-1 (c) During the period of suspension the department may not
10-2 reinstate the provisional license or issue the person whose license
10-3 was suspended another license, except that the person is not
10-4 ineligible to receive an occupational license under Section 23A of
10-5 this Act because of the suspension.
10-6 SECTION 8. Chapter 49, Penal Code, is amended by adding
10-7 Section 49.045 to read as follows:
10-8 Sec. 49.045. DRIVING UNDER THE INFLUENCE OF ALCOHOL BY
10-9 MINOR. (a) In this section, "under the influence of alcohol"
10-10 means having an alcohol concentration that is detectable but less
10-11 than 0.10.
10-12 (b) A person younger than 21 years of age commits an offense
10-13 if the person operates a motor vehicle in a public place while the
10-14 person is under the influence of alcohol.
10-15 (c) An offense under Subsection (b) is a Class C
10-16 misdemeanor.
10-17 SECTION 9. Section 1, Chapter 434, Acts of the 61st
10-18 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
10-19 Civil Statutes), is amended to read as follows:
10-20 Sec. 1. (a) Any person who operates a motor vehicle in a
10-21 public place, or a watercraft, in this state shall be deemed to
10-22 have given consent, subject to the provisions of this Act, to
10-23 submit to the taking of one or more specimens of the person's <his>
10-24 breath or blood for the purpose of analysis to determine the
10-25 alcohol concentration or the presence in the person's <his> body of
10-26 a controlled substance, drug, dangerous drug, or other substance,
10-27 if arrested for any offense arising out of acts alleged to have
11-1 been committed while a person was driving or in actual physical
11-2 control of a motor vehicle or a watercraft while intoxicated.
11-3 (b) A person younger than 21 years of age who operates a
11-4 motor vehicle in a public place in this state shall be deemed to
11-5 have given consent, subject to the provisions of this Act, to
11-6 submit to the taking of one or more specimens of the person's
11-7 breath or blood for the purpose of analysis to determine the
11-8 alcohol concentration in the person's body if arrested for an
11-9 offense under Section 49.045, Penal Code.
11-10 (c) Any person so arrested may consent to the giving of any
11-11 other type of specimen to determine the person's <his> alcohol
11-12 concentration, but the person <he> shall not be deemed, solely on
11-13 the basis of the person's <his> operation of a motor vehicle in a
11-14 public place, or a watercraft, in this state, to have given consent
11-15 to give any type of specimen other than a specimen of the person's
11-16 <his> breath or blood.
11-17 (d) The specimen, or specimens, shall be taken at the
11-18 request of a peace officer having reasonable grounds to believe the
11-19 person to have been driving or in actual physical control of a
11-20 motor vehicle in a public place, or a watercraft, in this state
11-21 while intoxicated or to have been operating a motor vehicle in
11-22 violation of Section 49.045, Penal Code.
11-23 SECTION 10. Section 2(e), Chapter 434, Acts of the 61st
11-24 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
11-25 Civil Statutes), is amended to read as follows:
11-26 (e) The director shall approve the form of the report. The
11-27 report must show the grounds for the officer's belief that the
12-1 person had been operating a motor vehicle while intoxicated or in
12-2 violation of Section 49.045, Penal Code. The report must also show
12-3 that the person refused to give a specimen, as evidenced by:
12-4 (1) a written refusal to give a specimen, signed by
12-5 the person; or
12-6 (2) a statement signed by the officer stating that the
12-7 person refused to give a specimen and also refused to sign the
12-8 statement requested by the officer under Subsection (c) of this
12-9 section.
12-10 SECTION 11. Section 2(f), Chapter 434, Acts of the 61st
12-11 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
12-12 Civil Statutes), as amended by Chapters 82, 790, 796, 886, and 900,
12-13 Acts of the 73rd Legislature, 1993, is amended to read as follows:
12-14 (f) A copy of the notice of suspension or denial and the
12-15 refusal report under Subsection (e) of this section shall be
12-16 forwarded by the officer to the department before the end of the
12-17 fifth business day after the date of the arrest. When the director
12-18 receives the report, the director shall suspend the person's
12-19 license, permit, or resident or nonresident privilege to operate a
12-20 motor vehicle on a public highway, or shall issue an order
12-21 prohibiting the person from obtaining a license or permit, for 90
12-22 days if the person is 21 years of age or older, or one year if the
12-23 person is younger than 21 years of age, effective 28 days after the
12-24 date the person receives notice by certified mail or 31 days after
12-25 the date the director sends notice by certified mail, if the person
12-26 has not accepted delivery of the notice. If, not later than the
12-27 20th day after the date on which the person receives notice by
13-1 certified mail or the 23rd day after the date the director sent
13-2 notice by certified mail, if the person has not accepted delivery
13-3 of the notice, the department receives a written demand that a
13-4 hearing be held, the department shall promptly make arrangements to
13-5 set the hearing for the earliest practical time. The hearing shall
13-6 be set in the same manner as a hearing under Section 22(a), Chapter
13-7 173, Acts of the 47th Legislature, Regular Session, 1941, as
13-8 amended (Article 6687b, Vernon's Texas Civil Statutes). If, upon
13-9 such hearing the hearing officer finds (1) that probable cause
13-10 existed that such person was driving or in actual physical control
13-11 of a motor vehicle in a public place while intoxicated or in
13-12 violation of Section 49.045, Penal Code, (2) that the person was
13-13 placed under arrest by the officer and was offered an opportunity
13-14 to give a specimen under the provisions of this Act, and (3) that
13-15 such person refused to give a specimen upon request of the officer,
13-16 then the Director of the Texas Department of Public Safety shall
13-17 suspend the person's license or permit to drive, or any nonresident
13-18 operating privilege for a period of 90 days if the person is 21
13-19 years of age or older, or for a period of not more than one year if
13-20 the person is younger than 21 years of age. If the person is a
13-21 resident without a license or permit to operate a motor vehicle in
13-22 this State, the Texas Department of Public Safety shall deny to
13-23 the person the issuance of a license or permit for 90 days if the
13-24 person is 21 years of age or older, or for a period of not more
13-25 than one year if the person is younger than 21 years of age. If,
13-26 after a hearing has been requested, the person or the person's
13-27 agent fails to appear at a hearing under this subsection, the
14-1 department shall suspend the person's license, permit, or resident
14-2 or nonresident operating privilege for 90 days.
14-3 SECTION 12. This Act does not invalidate an instructional
14-4 permit or provisional license issued before the effective date of
14-5 this Act to a person 15 years of age or older.
14-6 SECTION 13. (a) The changes in law made by this Act apply
14-7 only to an offense committed on or after the effective date of this
14-8 Act. For purposes of this section, an offense is committed before
14-9 the effective date of this Act if any element of the offense occurs
14-10 before that date.
14-11 (b) An offense committed before the effective date of this
14-12 Act is covered by the law in effect when the offense was committed,
14-13 and the former law is continued in effect for that purpose.
14-14 SECTION 14. This Act takes effect September 1, 1995.
14-15 SECTION 15. The importance of this legislation and the
14-16 crowded condition of the calendars in both houses create an
14-17 emergency and an imperative public necessity that the
14-18 constitutional rule requiring bills to be read on three several
14-19 days in each house be suspended, and this rule is hereby suspended.