By Driver                                               H.B. No. 90
         76R1614 DWS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to an intermediate driver's license and to discounts in
 1-3     motor vehicle insurance premiums for holders of that license.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5                  ARTICLE 1.  INTERMEDIATE DRIVER'S LICENSE
 1-6           SECTION 1.01.  Section 521.001(a), Transportation Code, is
 1-7     amended by amending Subdivision (3) and adding Subdivision (9) to
 1-8     read as follows:
 1-9                 (3)  "Driver's license" means an authorization issued
1-10     by the department for the operation of a motor vehicle.  The term
1-11     includes:
1-12                       (A)  a temporary license, [or] instruction
1-13     permit, or intermediate license; and
1-14                       (B)  an occupational license.
1-15                 (9)  "Traffic offense" means violation of a statute or
1-16     ordinance that regulates a driver's conduct or condition while
1-17     operating a motor vehicle.
1-18           SECTION 1.02.  Section 521.123, Transportation Code, is
1-19     amended to read as follows:
1-20           Sec. 521.123.  DESIGNATOR ON LICENSE ISSUED TO PERSON UNDER
1-21     21 YEARS OF AGE.  The department shall:
1-22                 (1)  designate and clearly mark as a provisional
1-23     license each original, renewed, or duplicate driver's license
1-24     issued by the department to a person who is under 18 years of age;
 2-1     [and]
 2-2                 (2)  indicate "UNDER 21" on the face of each original,
 2-3     renewed, or duplicate license issued to a person who is under 21
 2-4     years of age;
 2-5                 (3)  indicate "INSTRUCTION PERMIT" on the face of each
 2-6     instruction permit; and
 2-7                 (4)  indicate "INTERMEDIATE LICENSE" on the face of
 2-8     each intermediate license.
 2-9           SECTION 1.03.  Subchapter K, Chapter 521, Transportation
2-10     Code, is amended by adding Section 521.2221 to read as follows:
2-11           Sec. 521.2221.  INTERMEDIATE LICENSE.  (a)  The department
2-12     may issue an intermediate license to a person who:
2-13                 (1)  is 16 years of age or older but under 18 years of
2-14     age;
2-15                 (2)  meets the requirements imposed by Sections
2-16     521.204(2), (3), and (4) on an applicant for a Class C driver's
2-17     license; and
2-18                 (3)  requests to be issued an intermediate license.
2-19           (b)  A person eligible to be issued an intermediate license
2-20     is not required to obtain an intermediate license but may obtain
2-21     any license for which the person is eligible.  A person who holds
2-22     an intermediate license is eligible for a discount in the motor
2-23     vehicle insurance premium otherwise applicable to coverage for that
2-24     person as provided by Article 5.03-6, Insurance Code.
2-25           (c)  A holder of an intermediate license may not operate a
2-26     motor vehicle at nighttime, as defined by Section 541.401, unless
2-27     the holder is accompanied by the holder's parent or guardian.
 3-1           (d)  The department may issue a Class A, B, or C driver's
 3-2     license to an applicant under 18 years of age who holds an
 3-3     intermediate license only if the applicant has held the
 3-4     intermediate license for at least six months preceding the date of
 3-5     the application.
 3-6           (e)  The department may not issue a Class A, B, or C driver's
 3-7     license to an applicant under 18 years of age who holds an
 3-8     intermediate license if the applicant was alleged to have committed
 3-9     a traffic offense during the six-month period preceding the date of
3-10     the application and the allegation:
3-11                 (1)  resulted in a final:
3-12                       (A)  adjudication under juvenile proceedings; or
3-13                       (B)  conviction; or
3-14                 (2)  has not been finally disposed of before the date
3-15     of the application.
3-16           (f)  This section expires January 1, 2001.
3-17           SECTION 1.04.  Effective January 1, 2001, Subchapter K,
3-18     Chapter 521, Transportation Code, is amended by adding Section
3-19     521.2221 to read as follows:
3-20           Sec. 521.2221.  INTERMEDIATE LICENSE; ADDITIONAL RESTRICTIONS
3-21     ON MINOR.  (a)  The department may issue an intermediate license to
3-22     a person who:
3-23                 (1)  is 16 years of age or older but under 18 years of
3-24     age; and
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.
 4-1           (b)  A person who holds an intermediate license is eligible
 4-2     for a discount in the motor vehicle insurance premium otherwise
 4-3     applicable to coverage for that person as provided by Article
 4-4     5.03-6, Insurance Code.
 4-5           (c)  A holder of an intermediate license may not operate a
 4-6     motor vehicle at nighttime, as defined by Section 541.401, unless
 4-7     the holder is accompanied by the holder's parent or guardian.
 4-8           (d)  The department may issue a Class A, B, or C driver's
 4-9     license to an applicant under 18 years of age only if the applicant
4-10     has held an intermediate license or hardship license for at least
4-11     six months preceding the date of the application.
4-12           (e)  The department may not issue a Class A, B, or C driver's
4-13     license to an applicant under 18 years of age if the applicant was
4-14     alleged to have committed a traffic offense during the six-month
4-15     period preceding the date of the application and the allegation:
4-16                 (1)  resulted in a final:
4-17                       (A)  adjudication under juvenile proceedings; or
4-18                       (B)  conviction; or
4-19                 (2)  has not been finally disposed of before the date
4-20     of the  application.
4-21            ARTICLE 2.  MOTOR VEHICLE INSURANCE PREMIUM DISCOUNT
4-22           SECTION 2.01.  Subchapter A, Chapter 5, Insurance Code, is
4-23     amended by adding Article 5.03-6 to read as follows:
4-24           Art. 5.03-6.  PREMIUM DISCOUNT PROGRAM FOR HOLDER OF
4-25     INTERMEDIATE DRIVER'S LICENSE
4-26           Sec. 1.  DEFINITIONS.  In this article:
4-27                 (1)  "Driving record" means an individual's history of
 5-1     convictions of violations of traffic safety regulations.
 5-2                 (2)  "Insurer" means an insurance company,
 5-3     interinsurance exchange, mutual, capital stock company, fraternal
 5-4     benefit society, local mutual aid association, county mutual,
 5-5     reciprocal, association, Lloyd's plan, or other entity writing
 5-6     motor vehicle insurance in this state.  The term includes a company
 5-7     affiliated with an insurer.
 5-8                 (3)  "Intermediate license" means an intermediate
 5-9     driver's license issued under Section 521.2221, Transportation
5-10     Code.
5-11                 (4)  "Traffic safety regulation" means a law or
5-12     ordinance of this state or a political subdivision of this state
5-13     relating to the operation of motor vehicles, other than a
5-14     regulation relating to pedestrians or to the parking of motor
5-15     vehicles.
5-16           Sec. 2.  DISCOUNT REQUIRED.  (a)  An insurer who delivers or
5-17     issues for delivery in this state a motor vehicle insurance policy,
5-18     on receipt of written verification from the insured that the
5-19     insured or a family member covered by the policy is eligible under
5-20     Subsection (b) of this section, shall grant a discount in the
5-21     amount provided by Subsection (c) of this section in the premiums
5-22     charged for the liability, medical payments, personal injury
5-23     protection, and collision coverage only for the motor vehicle
5-24     designated to be driven by the holder of the intermediate license.
5-25           (b)  To be eligible for a discount under this article, an
5-26     applicant for a discount must file with the insurer a copy of the
5-27     intermediate license held by the insured or the insured's family
 6-1     member, or other information as prescribed by the commissioner,
 6-2     that presents evidence satisfactory to establish that the person
 6-3     covered by the discount holds an intermediate license.
 6-4           (c)  Except as provided by Subsection (d) of this section,
 6-5     the commissioner by rule shall set the amount of the discount
 6-6     applicable under this article in an amount not less than 15 percent
 6-7     lower than the lowest applicable premium rate offered by that
 6-8     insurer for motor vehicle insurance coverage applicable to an
 6-9     average driver:
6-10                 (1)  whose driving record does not evidence any
6-11     violations of traffic safety regulations; and
6-12                 (2)  who is the same age as the holder of the
6-13     intermediate license.
6-14           (d)  The commissioner by rule may modify the amount of the
6-15     discount applicable under this article if, after hearing, the
6-16     commissioner determines that a modification is necessary to
6-17     establish premium rates that are reasonable, adequate, not unfairly
6-18     discriminatory, non-confiscatory, and not excessive.
6-19           (e)  The commissioner may adopt other rules necessary for the
6-20     implementation of this article.
6-21           Sec. 3.  REVOCATION OF DISCOUNT.  An insurer shall revoke a
6-22     discount under this article if an applicant for the discount
6-23     knowingly provides false information in or with the application.
6-24              ARTICLE 3.  TRANSITION; EFFECTIVE DATE; EMERGENCY
6-25           SECTION 3.01.  Except as otherwise provided by this Act, this
6-26     Act takes effect January 1, 2000.
6-27           SECTION 3.02.  Article 5.03-6, Insurance Code, as added by
 7-1     this Act, applies only to a motor vehicle insurance policy that is
 7-2     delivered, issued for delivery, or renewed on or after March 1,
 7-3     2000.  A policy that is delivered, issued for delivery, or renewed
 7-4     before March 1, 2000, is governed by the law as it existed
 7-5     immediately before the effective date of this Act, and that law is
 7-6     continued in effect for that purpose.
 7-7           SECTION 3.03.  The importance of this legislation and the
 7-8     crowded condition of the calendars in both houses create an
 7-9     emergency and an imperative public necessity that the
7-10     constitutional rule requiring bills to be read on three several
7-11     days in each house be suspended, and this rule is hereby suspended.