By West                                                 S.B. No. 88

      75R559 DWS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to a graduated driver's licensing program.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 521.001(3), Transportation Code, is

 1-5     amended to read as follows:

 1-6                 (3)  "Driver's license" means an authorization issued

 1-7     by the department for the operation of a motor vehicle.  The term

 1-8     includes:

 1-9                       (A)  a temporary license, [or] instruction

1-10     permit, or intermediate license; and

1-11                       (B)  an occupational license.

1-12           SECTION 2.  Section 521.123, Transportation Code, is amended

1-13     to read as follows:

1-14           Sec. 521.123.  DESIGNATOR ON LICENSE ISSUED TO PERSON UNDER

1-15     21 YEARS OF AGE.  The department shall:

1-16                 (1)  designate and clearly mark as a provisional

1-17     license each original, renewed, or duplicate driver's license

1-18     issued by the department to a person who is under 18 years of age;

1-19     [and]

1-20                 (2)  indicate "UNDER 21" on the face of each original,

1-21     renewed, or duplicate license issued to a person who is under 21

1-22     years of age;

1-23                 (3)  indicate "INSTRUCTION PERMIT" on the face of each

1-24     instruction permit; and

 2-1                 (4)  indicate "INTERMEDIATE LICENSE" on the face of

 2-2     each intermediate license.

 2-3           SECTION 3.  Section 521.203, Transportation Code, is amended

 2-4     to read as follows:

 2-5           Sec. 521.203.  RESTRICTIONS ON CLASS A AND B LICENSES.  The

 2-6     department may not issue a Class A or Class B driver's license to a

 2-7     person who:

 2-8                 (1)  is under 17 years of age;

 2-9                 (2)  is under 18 years of age unless the person:

2-10                       (A)  has held an intermediate license or hardship

2-11     license for at least one year preceding the date of the

2-12     application;

2-13                       (B)  has completed a driver training course

2-14     approved by the Texas [Central] Education Agency; and

2-15                       (C)  is not ineligible under Section 521.204(b);

2-16     or

2-17                 (3)  has not provided the department with an affidavit,

2-18     on a form prescribed by the department, that states that no vehicle

2-19     that the person will drive that requires a Class A or Class B

2-20     license is a commercial motor vehicle as defined by Section

2-21     522.003.

2-22           SECTION 4.  (a)  Section 521.204, Transportation Code, is

2-23     amended to conform to Section 25, Chapter 1009, Acts of the 74th

2-24     Legislature, Regular Session, 1995, and further amended to read as

2-25     follows:

2-26           Sec. 521.204.  RESTRICTIONS ON MINOR.  (a)  The department

2-27     may issue a Class C driver's license to an applicant under 18 years

 3-1     of age only if the applicant:

 3-2                 (1)  has held an intermediate license or hardship

 3-3     license for at least one year preceding the date of the application

 3-4     [is 16 years of age or older];

 3-5                 (2)  has submitted to the department a driver education

 3-6     certificate issued under Section 9A, Texas Driver and Traffic

 3-7     Safety Education Act (Article 4413(29c), Vernon's Texas Civil

 3-8     Statutes), that states that the person has completed and passed a

 3-9     driver education [training] course approved by the department  or

3-10     by the Texas [Central] Education Agency;

3-11                 (3)  has obtained a high school diploma or its

3-12     equivalent or is a student:

3-13                       (A)  enrolled in a public school, home school, 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 the driver's license

3-16     application; or

3-17                       (B)  who has been enrolled for at least 45 days,

3-18     and is enrolled as of the date of the application, in a program to

3-19     prepare persons to pass the high school equivalency exam; [and]

3-20                 (4)  has passed the examination required by Section

3-21     521.161; and

3-22                 (5)  is not ineligible under Subsection (b).

3-23           (b)  The department may not issue a Class A, B, or C driver's

3-24     license or an intermediate license to an applicant under 18 years

3-25     of age if the applicant was alleged to have committed, during the

3-26     six-month period preceding the date of the application, an offense

3-27     described by Section 521.342(a) or 521.372(a) and the allegation:

 4-1                 (1)  resulted in a final:

 4-2                       (A)  adjudication under juvenile proceedings; or

 4-3                       (B)  conviction; or

 4-4                 (2)  has not been finally disposed of before the date

 4-5     of the application.

 4-6           (b)  Section 25, Chapter 1009, Acts of the 74th Legislature,

 4-7     Regular Session, 1995, is repealed.

 4-8           SECTION 5.  Section 521.222(c), Transportation Code, is

 4-9     amended to read as follows:

4-10           (c)  An instruction permit entitles the holder to operate a

4-11     type of motor vehicle on a highway while:

4-12                 (1)  the permit is in the holder's possession; and

4-13                 (2)  the holder is accompanied by a person occupying

4-14     the seat by the operator who:

4-15                       (A)  holds a license that qualifies the operator

4-16     to operate that type of vehicle;

4-17                       (B)  is 21 [18] years of age or older; and

4-18                       (C)  has at least one year of driving experience.

4-19           SECTION 6.  Subchapter K, Chapter 521, Transportation Code,

4-20     is amended by adding Section 521.2221 to read as follows:

4-21           Sec. 521.2221.  INTERMEDIATE LICENSE.  The department may

4-22     issue an intermediate license to a person who:

4-23                 (1)  is 16 years of age but less than 18 years of age;

4-24                 (2)  has held an instruction permit for at least six

4-25     months preceding the date of the application;

4-26                 (3)  meets the requirements imposed by Sections

4-27     521.204(a)(2), (3), and (4) on an applicant for a Class C driver's

 5-1     license; and

 5-2                 (4)  is not ineligible under Section 521.204(b).

 5-3           SECTION 7.  This Act does not affect the validity or effect

 5-4     of a driver's license, including an instruction permit, issued

 5-5     before the effective date of this Act.  That license is governed by

 5-6     the law in effect when the license was issued, and that law is

 5-7     continued in effect for that purpose.

 5-8           SECTION 8.  This Act takes effect January 1, 1998.

 5-9           SECTION 9.  The importance of this legislation and the

5-10     crowded condition of the calendars in both houses create an

5-11     emergency and an imperative public necessity that the

5-12     constitutional rule requiring bills to be read on three several

5-13     days in each house be suspended, and this rule is hereby suspended.