HBA-NIK H.B. 2099 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2099
By: Uresti
Public Safety
4/21/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas does not require that a minor be given a drug test prior
to receiving a driver's license. H.B. 2099 requires an applicant for a
driver's license who is at least 16 but not yet 18 years of age to submit
evidence of a negative drug test within 30 days preceding the date of the
application. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Department of Public Safety in
SECTION 1 (Section 521.204, Transportation Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 521.204, Transportation Code, as follows:

Sec. 521.204. RESTRICTIONS ON MINOR. (a) Provides that the Department of
Public Safety (department) may issue a Class C driver's license to an
applicant under 18 years of age only if the applicant has submitted to the
department evidence of a negative test result as required by Subsection
(b), in addition to satisfying other enumerated requirements. 

(b) Authorizes the department to issue a driver's license to an applicant
under 18 years of age only if the application is accompanied by evidence of
a negative test result of a controlled substance abuse test administered to
the applicant within the 30 days preceding the date of the application. 

(c) Provides that the evidence of a negative test result of a controlled
substance abuse test required by Subsection (b) must be from the
department's laboratory or a laboratory accredited for drug testing by the
National Institute on Drug Abuse. 

(d) Requires an applicant to bear the cost of the controlled substance
abuse test required by Subsection (b). 

(e) Requires the department to establish by rule a fee, which may not
exceed the department's actual costs, for controlled substance abuse tests
administered by the department's laboratory, and to adopt other rules and
develop forms necessary for the administration of Subsections (b)-(d) and
this subsection. 

(f) Defines "controlled substance," "controlled substance abuse test," and
"negative test result." 

SECTION 2. Effective date: September 1, 1999.
Makes application of this Act prospective.

SECTION 3. Emergency clause.