1-1 By: Driver, et al. (Senate Sponsor - Bivins) H.B. No. 90
1-2 (In the Senate - Received from the House May 10, 1999;
1-3 May 10, 1999, read first time and referred to Committee on
1-4 Education; May 14, 1999, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 5, Nays 1;
1-6 May 14, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 90 By: Bivins
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to graduated driver's licensing.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 521.204, Transportation Code, is amended
1-13 to read as follows:
1-14 Sec. 521.204. Restrictions on Minor. The department may
1-15 issue a Class C driver's license to an applicant under 18 years of
1-16 age only if the applicant:
1-17 (1) is 16 years of age or older;
1-18 (2) has submitted to the department a driver education
1-19 certificate issued under Section 9A, Texas Driver and Traffic
1-20 Safety Education Act (Article 4413(29c), Vernon's Texas Civil
1-21 Statutes), that states that the person has completed and passed a
1-22 driver education course approved by the department under Section
1-23 521.205 or by the Texas Education Agency;
1-24 (3) has obtained a high school diploma or its
1-25 equivalent or is a student:
1-26 (A) enrolled in a public school, home school, or
1-27 private school who attended school for at least 80 days in the fall
1-28 or spring semester preceding the date of the driver's license
1-29 application; or
1-30 (B) who has been enrolled for at least 45 days,
1-31 and is enrolled as of the date of the application, in a program to
1-32 prepare persons to pass the high school equivalency exam; [and]
1-33 (4) has passed the examination required by Section
1-34 521.161; and
1-35 (5) has submitted a written statement by parent or
1-36 guardian that the applicant has completed at least 50 hours of
1-37 actual driving practice including at least 10 hours of practice at
1-38 night.
1-39 SECTION 2. Section 521.222, Transportation Code, is amended
1-40 by amending Subsection (d) to read as follows:
1-41 (d) An instruction permit entitles the holder to operate a
1-42 type of motor vehicle on a highway while:
1-43 (1) the permit is in the holder's possession; and
1-44 (2) the holder is accompanied by a person occupying
1-45 the seat by the operator who:
1-46 (A) holds a license that qualifies the operator
1-47 to operate that type of vehicle;
1-48 (B) is 21 [18] years of age or older; and
1-49 (C) has at least one year of driving experience.
1-50 SECTION 3. Subchapter K, Chapter 521, Transportation Code,
1-51 is amended by adding Section 521.2221 to read as follows:
1-52 Sec. 521.2221. ADDITIONAL RESTRICTION ON MINOR. (a) During
1-53 the period provided by Subsection (b), a holder of a Class A, B, or
1-54 C driver's license who is under 18 years of age may not operate a
1-55 motor vehicle after 11 p.m. and before 5 a.m. unless:
1-56 (1) the holder is accompanied in the same manner
1-57 required by Section 521.222(d)(2) for operation of a motor vehicle
1-58 by the holder of an instruction permit; or
1-59 (2) the operation is necessary for the holder to
1-60 travel between the holder's home and the holder's place of
1-61 employment.
1-62 (b) The restriction under Subsection (a) applies during the
1-63 period beginning on the date the holder is first issued a Class A,
1-64 B, or C driver's license and ending on the earlier of:
2-1 (1) the end of the sixth month after the month during
2-2 which the driver's license is issued; or
2-3 (2) the holder's 18th birthday.
2-4 (c) A person commits an offense if the person operates a
2-5 motor vehicle in violation of the restriction under this section.
2-6 An offense under this section is punishable in the same manner as a
2-7 violation of a restriction imposed on the holder of a driver's
2-8 license under Section 521.221. A restriction under this section is
2-9 not required to be noted on the driver's license.
2-10 SECTION 4. This Act does not affect the validity or effect
2-11 of a driver's license, including an instruction permit, issued
2-12 before the effective date of this Act. That license is governed by
2-13 the law in effect when the license was issued, and that law is
2-14 continued in effect for that purpose.
2-15 SECTION 5. This Act takes effect January 1, 2000.
2-16 SECTION 6. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.
2-21 * * * * *