SRC-JBJ S.B. 280 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 280
76R2759 DWS-DBy: Bivins
Criminal Justice
3/22/1999
As Filed


DIGEST 

Currently, the Department of Public Safety is not authorized to offer an
intermediate driver's license to a person between 16 and 18 years old.  A
graduated driver's license restricts certain age drivers to certain driving
activities and other restrictions, such as daytime-only driving and
supervised driving.  As the beginning driver obtains more experience,
driving restrictions are lifted incrementally.  S.B. 280 creates a
three-tiered, graduated driver's license:  an instruction permit (12
months), an intermediate driver's license (6 months), and a full
provisional license. 

PURPOSE

As proposed, S.B. 280 enacts a graduated driver's license and similar
driving requirements. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 521.001(a), Transportation Code, by amending
Subdivision (3) and adding Subdivision (9), to redefine "driver's license"
and define "traffic offense." 

SECTION 2.  Amends Section 521.203, Transportation Code, to prohibit the
Department of Public Safety (DPS) from issuing a Class A or Class B
driver's license to a person under 18 years of age unless that person has
held an intermediate license or a hardship license for at least six months,
completed the appropriate education course, and is not eligible under
Section 521.2041(b), Transportation Code.  Makes conforming changes. 

SECTION 3.  Amends Chapter 521J, Transportation Code, by adding Section
521.2041, as follows: 

Sec. 521.2041.  ADDITIONAL RESTRICTIONS ON MINOR.  Authorizes the DPS to
issue a Class C driver's license to a person under 18 years of age only if
the applicant has held an intermediate driver's license or hardship license
for at least six months.  Prohibits the DPS from issuing a Class A, B, or C
driver's license to a person under 18 if the applicant was alleged to have
committed a traffic offense, six months prior to the application or one
year prior to an intermediate license application, and if the allegation
resulted in a final adjudication or conviction, or the allegation has not
been finally disposed of before the application.  Prohibits a person under
18 years of age from operating a motor vehicle unless all passengers are
secured under an appropriate safety seat belt. 

SECTION 4.  Amends Section 521.222(d), Transportation Code, to raise the
minimum age requirement from 18 to 21 years of age for a person authorized
to accompany an operator of a motor vehicle with a instruction permit.
Requires that person to be the only person in the seat by the operator. 

SECTION 5.  Amends Chapter 521K, Transportation Code, by adding Section
521.2221, as follows: 

Sec. 521.2221.  INTERMEDIATE LICENSE.  Authorizes DPS to issue an
intermediate license to a person who is between 16 and 18 years of age,
meets the requirements in  Sections 521.204(2), (3), and (4), and is not
ineligible under Section 521.2041(b), Transportation Code.  Prohibits a
holder of an intermediate license from operating a motor vehicle between 11
p.m. and 5 a.m., unless accompanied in the manner required by Section
521.222(d)(2), or traveling between the holder's home and place of
employment. 

SECTION 6.  Makes application of this Act prospective.

SECTION 7.  Effective date: September 1, 2000.

SECTION 8.Emergency clause.