By Bivins S.B. No. 125
75R2740 DWS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to graduated driver licensing.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 521.001(a), Transportation Code, is
1-5 amended by amending Subdivision (3) and adding Subdivision (9) to
1-6 read as follows:
1-7 (3) "Driver's license" means an authorization issued
1-8 by the department for the operation of a motor vehicle. The term
1-9 includes:
1-10 (A) a temporary license, [or] instruction
1-11 permit, or intermediate license; and
1-12 (B) an occupational license.
1-13 (9) "Traffic offense" means violation of a statute or
1-14 ordinance that regulates a driver's conduct or condition while
1-15 operating a motor vehicle.
1-16 SECTION 2. Section 521.203, Transportation Code, is amended
1-17 to read as follows:
1-18 Sec. 521.203. RESTRICTIONS ON CLASS A AND B LICENSES. The
1-19 department may not issue a Class A or Class B driver's license to a
1-20 person who:
1-21 (1) is under 17 years of age;
1-22 (2) is under 18 years of age unless the person:
1-23 (A) has held an intermediate license or hardship
1-24 license for at least six months preceding the date of the
2-1 application;
2-2 (B) has completed a driver training course
2-3 approved by the Texas [Central] Education Agency; and
2-4 (C) is not ineligible under Section 521.2041(b);
2-5 or
2-6 (3) has not provided the department with an affidavit,
2-7 on a form prescribed by the department, that states that no vehicle
2-8 that the person will drive that requires a Class A or Class B
2-9 license is a commercial motor vehicle as defined by Section
2-10 522.003.
2-11 SECTION 3. Subchapter J, Chapter 521, Transportation Code,
2-12 is amended by adding Section 521.2041 to read as follows:
2-13 Sec. 521.2041. ADDITIONAL RESTRICTIONS ON MINOR. (a) The
2-14 department may issue a Class C driver's license to an applicant
2-15 under 18 years of age only if the applicant has held an
2-16 intermediate license or hardship license for at least six months
2-17 preceding the date of the application.
2-18 (b) The department may not issue a Class A, B, or C driver's
2-19 license or an intermediate license to an applicant under 18 years
2-20 of age if the applicant was alleged to have committed, during the
2-21 six-month period preceding the date of the application for a Class
2-22 A, B, or C driver's license or during the one-year period preceding
2-23 the date of the application for an intermediate license, a traffic
2-24 offense and the allegation:
2-25 (1) resulted in a final:
2-26 (A) adjudication under juvenile proceedings; or
2-27 (B) conviction; or
3-1 (2) has not been finally disposed of before the date
3-2 of the application.
3-3 (c) A person under 18 years of age may not operate a motor
3-4 vehicle unless the person and each passenger in the motor vehicle
3-5 is secured by a safety belt or child passenger safety seat system.
3-6 SECTION 4. Section 521.222(c), Transportation Code, is
3-7 amended to read as follows:
3-8 (c) An instruction permit entitles the holder to operate a
3-9 type of motor vehicle on a highway while:
3-10 (1) the permit is in the holder's possession; and
3-11 (2) the holder is accompanied by a person occupying
3-12 the seat by the operator who:
3-13 (A) holds a license that qualifies the operator
3-14 to operate that type of vehicle;
3-15 (B) is 21 [18] years of age or older; [and]
3-16 (C) has at least one year of driving experience;
3-17 and
3-18 (D) is the only person occupying the seat by the
3-19 operator.
3-20 SECTION 5. Subchapter K, Chapter 521, Transportation Code,
3-21 is amended by adding Section 521.2221 to read as follows:
3-22 Sec. 521.2221. INTERMEDIATE LICENSE. (a) The department
3-23 may issue an intermediate license to a person who:
3-24 (1) is 16 years of age but less than 18 years of age;
3-25 (2) meets the requirements imposed by Sections
3-26 521.204(2), (3), and (4) on an applicant for a Class C driver's
3-27 license; and
4-1 (3) is not ineligible under Section 521.2041(b).
4-2 (b) A holder of an intermediate license may not operate a
4-3 motor vehicle after 9 p.m. and before 5 a.m. unless:
4-4 (1) the holder is accompanied in the same manner
4-5 required by Section 521.222(c)(2) for operation of a motor vehicle
4-6 by the holder of an instruction permit; or
4-7 (2) the operation is necessary for the holder to
4-8 travel between the holder's home and the holder's place of
4-9 employment.
4-10 SECTION 6. This Act does not affect the validity or effect
4-11 of a driver's license, including an instruction permit, issued
4-12 before the effective date of this Act. That license is governed by
4-13 the law in effect when the license was issued, and that law is
4-14 continued in effect for that purpose.
4-15 SECTION 7. This Act takes effect January 1, 1998.
4-16 SECTION 8. The importance of this legislation and the
4-17 crowded condition of the calendars in both houses create an
4-18 emergency and an imperative public necessity that the
4-19 constitutional rule requiring bills to be read on three several
4-20 days in each house be suspended, and this rule is hereby suspended.