By Uresti                                             H.B. No. 2099
         76R7750 JD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to required drug testing of minors applying for a driver's
 1-3     license.
 1-5           SECTION 1.  Section 521.204, Transportation Code, is amended
 1-6     to read as follows:
 1-7           Sec. 521.204.  RESTRICTIONS ON MINOR.  (a)  The department
 1-8     may issue a Class C driver's license to an applicant under 18 years
 1-9     of age only if the applicant:
1-10                 (1)  is 16 years of age or older;
1-11                 (2)  has submitted to the department a driver education
1-12     certificate issued under Section 9A, Texas Driver and Traffic
1-13     Safety Education Act (Article 4413(29c), Vernon's Texas Civil
1-14     Statutes), that states that the person has completed and passed a
1-15     driver education course approved by the department under Section
1-16     521.205 or by the Texas Education Agency;
1-17                 (3)  has obtained a high school diploma or its
1-18     equivalent or is a student:
1-19                       (A)  enrolled in a public school, home school, or
1-20     private school who attended school for at least 80 days in the fall
1-21     or spring semester preceding the date of the driver's license
1-22     application; or
1-23                       (B)  who has been enrolled for at least 45 days,
1-24     and is enrolled as of the date of the application, in a program to
 2-1     prepare persons to pass the high school equivalency exam; [and]
 2-2                 (4)  has passed the examination required by Section
 2-3     521.161; and
 2-4                 (5)  has submitted to the department evidence of a
 2-5     negative test result as required by Subsection (b).
 2-6           (b)  The department may issue a driver's license to an
 2-7     applicant under 18 years of age only if the application is
 2-8     accompanied by evidence of a negative test result of a controlled
 2-9     substance abuse test administered to the applicant within the 30
2-10     days preceding the date of the application.
2-11           (c)  The evidence of a negative test result of a controlled
2-12     substance abuse test required by Subsection (b) must be from:
2-13                 (1)  the department's laboratory; or
2-14                 (2)  a laboratory accredited for drug testing by the
2-15     National Institute on Drug Abuse.
2-16           (d)  An applicant shall bear the cost of the controlled
2-17     substance abuse test required by Subsection (b).
2-18           (e)  The department shall:
2-19                 (1)  establish by rule a fee, which may not exceed the
2-20     department's actual costs, for controlled substance abuse tests
2-21     administered by the department's laboratory; and
2-22                 (2)  adopt other rules and develop forms necessary for
2-23     the administration of Subsections (b)-(d) and this subsection.
2-24           (f)  In this section:
2-25                 (1)  "Controlled substance" has the meaning assigned by
2-26     Section 481.002, Health and Safety Code.
2-27                 (2)  "Controlled substance abuse test" means a test
 3-1     procedure designed to take and analyze body fluids or materials
 3-2     from the body for the purpose of detecting the presence of
 3-3     controlled substances.
 3-4                 (3)  "Negative test result" means a test result that
 3-5     indicates that a controlled substance is not present in the tested
 3-6     sample.
 3-7           SECTION 2.  This Act takes effect September 1, 1999.  The
 3-8     change in law made by this Act applies only to a person who applies
 3-9     for a driver's license on or after that date.
3-10           SECTION 3.  The importance of this legislation and the
3-11     crowded condition of the calendars in both houses create an
3-12     emergency and an imperative public necessity that the
3-13     constitutional rule requiring bills to be read on three several
3-14     days in each house be suspended, and this rule is hereby suspended.