By Carter                                             H.B. No. 2129
         76R6978 DWS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to graduated driver's licensing.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 521.001(a), Transportation Code, is
 1-5     amended by amending Subdivision (3) and adding Subdivision (9) to
 1-6     read as follows:
 1-7                 (3)  "Driver's license" means an authorization issued
 1-8     by the department for the operation of a motor vehicle.  The term
 1-9     includes:
1-10                       (A)  a temporary license, [or] instruction
1-11     permit, or intermediate license; and
1-12                       (B)  an occupational license.
1-13                 (9)  "Traffic offense" means violation of a statute or
1-14     ordinance that regulates a driver's conduct or condition while
1-15     operating a motor vehicle.
1-16           SECTION 2.  Section 521.123, Transportation Code, is amended
1-17     to read as follows:
1-18           Sec. 521.123.  DESIGNATOR ON LICENSE ISSUED TO PERSON UNDER
1-19     21 YEARS OF AGE.  The department shall:
1-20                 (1)  designate and clearly mark as a provisional
1-21     license each original, renewed, or duplicate driver's license
1-22     issued by the department to a person who is under 18 years of age;
1-23     [and]
1-24                 (2)  indicate "UNDER 21" on the face of each original,
 2-1     renewed, or duplicate license issued to a person who is under 21
 2-2     years of age;
 2-3                 (3)  indicate "INSTRUCTION PERMIT" on the face of each
 2-4     instruction permit; and
 2-5                 (4)  indicate "CLASS D" on the face of each
 2-6     intermediate license.
 2-7           SECTION 3.  Section 521.203, Transportation Code, is amended
 2-8     to read as follows:
 2-9           Sec. 521.203.  RESTRICTIONS ON CLASS A, [AND] B, AND C
2-10     LICENSES.  The department may not:
2-11                 (1)  issue a Class A, [or] Class B, or Class C driver's
2-12     license to a person who[:]
2-13                 [(1)  is under 17 years of age;]
2-14                 [(2)]  is under 18 years of age; or
2-15                 (2)  issue a Class A or Class B driver's license to a
2-16     person who [unless the person has completed a driver training
2-17     course approved by the Central Education Agency; or]
2-18                 [(3)]  has not provided the department with an
2-19     affidavit, on a form prescribed by the department, that states that
2-20     no vehicle that the person will drive that requires a Class A or
2-21     Class B license is a commercial motor vehicle as defined by Section
2-22     522.003.
2-23           SECTION 4.  Section 521.204, Transportation Code, is amended
2-24     to read as follows:
2-25           Sec. 521.204.  ADDITIONAL RESTRICTIONS ON ISSUANCE OF
2-26     LICENSE.  (a)  Subject to Subsection (b), the department may not
2-27     issue:
 3-1                 (1)  an instruction permit or intermediate license to
 3-2     an applicant alleged to have committed at any time an offense under
 3-3     Section 49.04, 49.07, or 49.08, Penal Code, or Section 106.041,
 3-4     Alcoholic Beverage Code;
 3-5                 (2)  an intermediate license to an applicant alleged to
 3-6     have committed a traffic offense during the six-month period
 3-7     preceding the date of the application; or
 3-8                 (3)  an original Class A, B, or C driver's license to
 3-9     an applicant alleged to have committed a traffic offense during the
3-10     12-month period preceding the date of the application unless the
3-11     applicant:
3-12                       (A)  on or after the applicant's 18th birthday
3-13     passes each examination required under Section 521.161;
3-14                       (B)  is at least 18 years two months of age and
3-15     has not been alleged to have committed a traffic offense during the
3-16     two-month period preceding the date of the application; or
3-17                       (C)  qualifies for an exemption under Section
3-18     521.164.
3-19           (b)  This section applies only to an allegation that:
3-20                 (1)  resulted in a final:
3-21                       (A)  adjudication under juvenile proceedings; or
3-22                       (B)  conviction; or
3-23                 (2)  has not been finally disposed of before the date
3-24     of the application.  [RESTRICTIONS ON MINOR.  The department may
3-25     issue a Class C driver's license to an applicant under 18 years of
3-26     age only if the applicant:]
3-27                 [(1)  is 16 years of age or older;]
 4-1                 [(2)  has submitted to the department a driver
 4-2     education certificate issued under Section 9A, Texas Driver and
 4-3     Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
 4-4     Civil Statutes), that states that the person has completed and
 4-5     passed a driver education course approved by the department under
 4-6     Section 521.205 or by the Texas Education Agency;]
 4-7                 [(3)  has obtained a high school diploma or its
 4-8     equivalent or is a student:]
 4-9                       [(A)  enrolled in a public school, home school,
4-10     or private school who attended school for at least 80 days in the
4-11     fall or spring semester preceding the date of the driver's license
4-12     application; or]
4-13                       [(B)  who has been enrolled for at least 45 days,
4-14     and is enrolled as of the date of the application, in a program to
4-15     prepare persons to pass the high school equivalency exam; and]
4-16                 [(4)  has passed the examination required by Section
4-17     521.161.]
4-18           SECTION 5.  Section 521.222, Transportation Code, is amended
4-19     by amending Subsections (a) and (d) and adding Subsection (f) to
4-20     read as follows:
4-21           (a)  The department or a driver education school licensed
4-22     under the Texas Driver and Traffic Safety Education Act (Article
4-23     4413(29c), Vernon's Texas Civil Statutes) may issue an instruction
4-24     permit, including a Class A or Class B driver's license instruction
4-25     permit, to a person who:
4-26                 (1)  is 15 years of age or older but under 18 years of
4-27     age;
 5-1                 (2)  has satisfactorily completed and passed the
 5-2     classroom phase of an approved driver education course, which may
 5-3     be a course approved under Section 521.205;
 5-4                 (3)  has obtained a high school diploma or its
 5-5     equivalent or is a student:
 5-6                       (A)  enrolled in a public school, home school, or
 5-7     private school who attended school for at least 80 days in the fall
 5-8     or spring semester preceding the date of the driver's license
 5-9     application; or
5-10                       (B)  who has been enrolled for at least 45 days,
5-11     and is enrolled as of the date of the application, in a program to
5-12     prepare persons to pass the high school equivalency exam; [meets
5-13     the requirements imposed under Section 521.204(3); and]
5-14                 (4)  has passed each examination required under Section
5-15     521.161 other than the driving test; and
5-16                 (5)  is not ineligible under Section 521.204.
5-17           (d)  An instruction permit entitles the holder to operate a
5-18     type of motor vehicle on a highway while:
5-19                 (1)  the permit is in the holder's possession; and
5-20                 (2)  the holder is accompanied by a person occupying
5-21     the seat by the operator who:
5-22                       (A)  holds a license that qualifies the operator
5-23     to operate that type of vehicle;
5-24                       (B)  is 21 [18] years of age or older; and
5-25                       (C)  has at least one year of driving experience.
5-26           (f)  A holder of an instruction permit may not operate a
5-27     vehicle on a highway during nighttime, as defined by Section
 6-1     541.401.
 6-2           SECTION 6.  Subchapter K, Chapter 521, Transportation Code,
 6-3     is amended by adding Section 521.2221 to read as follows:
 6-4           Sec. 521.2221.  INTERMEDIATE LICENSE.  (a)  The department
 6-5     may issue an intermediate license to a person who:
 6-6                 (1)  is 16 years of age but less than 18 years of age;
 6-7                 (2)  has held an instruction permit for at least six
 6-8     months preceding the date of the application;
 6-9                 (3)  has submitted to the department a driver education
6-10     certificate issued under Section 9A, Texas Driver and Traffic
6-11     Safety Education Act (Article 4413(29c), Vernon's Texas Civil
6-12     Statutes), that states that the person has completed and passed a
6-13     driver education course approved by the department under Section
6-14     521.205 or by the Texas Education Agency;
6-15                 (4)  has obtained a high school diploma or its
6-16     equivalent or is a student:
6-17                       (A)  enrolled in a public school, home school, or
6-18     private school who attended school for at least 80 days in the fall
6-19     or spring semester preceding the date of the driver's license
6-20     application; or
6-21                       (B)  who has been enrolled for at least 45 days,
6-22     and is enrolled as of the date of the application, in a program to
6-23     prepare persons to pass the high school equivalency exam;
6-24                 (5)  has passed the examination required by Section
6-25     521.161; and
6-26                 (6)  is not ineligible under Section 521.204.
6-27           (b)  An intermediate license authorizes the holder of the
 7-1     license to operate a vehicle that may be operated under a Class C
 7-2     driver's license, except that the holder may not operate a vehicle
 7-3     on a highway during the periods specified by Subsection (c) unless:
 7-4                 (1)  the holder is accompanied by a person occupying
 7-5     the seat by the operator who:
 7-6                       (A)  holds a license that qualifies the operator
 7-7     to operate that type of vehicle; and
 7-8                       (B)  is 21 years of age or older; or
 7-9                 (2)  the operation of the vehicle is necessary for the
7-10     holder's employment or to travel to or from the holder's
7-11     employment.
7-12           (c)  The restrictions provided by Subsection (b) apply:
7-13                 (1)  after 11 p.m. and before 6 a.m. for a holder of an
7-14     intermediate license who is younger than 17 years of age; and
7-15                 (2)  after 1 a.m. and before 5 a.m. for a holder of an
7-16     intermediate license who is at least 17 years of age.
7-17           SECTION 7.  Section 9A, Texas Driver and Traffic Safety
7-18     Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
7-19     is amended to read as follows:
7-20           Sec. 9A.  DRIVER EDUCATION CERTIFICATES.  The agency shall
7-21     print and supply to licensed and exempt driver education schools
7-22     serially numbered driver education certificates to be used for
7-23     certifying completion of an approved driver education course for
7-24     the purposes of Section 521.204, Transportation Code [7(a), Chapter
7-25     173, Acts of the 47th Legislature, Regular Session, 1941 (Article
7-26     6687b, Vernon's Texas Civil Statutes)].   The agency by rule shall
7-27     provide for the design and distribution of the certificates in a
 8-1     manner that to the greatest extent possible prevents the
 8-2     unauthorized reproduction or misuse of the certificates.  The
 8-3     certificates must include a box that the driver education
 8-4     instructor may check to indicate, if applicable, that the student
 8-5     has completed the highway sign and traffic law parts of the
 8-6     examination required by Section 521.161, Transportation Code, but
 8-7     has not been administered the driving test required by that
 8-8     section.  The agency may charge a fee of not more than $4 for each
 8-9     certificate.
8-10           SECTION 8.  The Texas Department of Insurance and the Texas
8-11     Department of Public Safety shall evaluate the effect of this Act
8-12     on insurance claims and on accidents involving affected persons.
8-13     Before January 1, 2003, those departments shall submit to the
8-14     lieutenant governor and speaker of the house of representatives a
8-15     report on their evaluation.
8-16           SECTION 9.  This Act does not affect the validity or effect
8-17     of a driver's license, including an instruction permit, issued
8-18     before the effective date of this Act.  That license is governed by
8-19     the law in effect when the license was issued, and that law is
8-20     continued in effect for that purpose.
8-21           SECTION 10.  This Act takes effect September 1, 2000.
8-22           SECTION 11.  The importance of this legislation and the
8-23     crowded condition of the calendars in both houses create an
8-24     emergency and an imperative public necessity that the
8-25     constitutional rule requiring bills to be read on three several
8-26     days in each house be suspended, and this rule is hereby suspended.