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.