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.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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.