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.