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.