1-1 By: Bivins, Wentworth, West S.B. No. 280
1-2 (In the Senate - Filed January 26, 1999; February 1, 1999,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 26, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 4, Nays 2; April 26, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 280 By: West
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to graduated driver licensing.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subsection (a), Section 521.001, Transportation
1-13 Code, is amended by amending Subdivision (3) and adding Subdivision
1-14 (9) to read as follows:
1-15 (3) "Driver's license" means an authorization issued
1-16 by the department for the operation of a motor vehicle. The term
1-17 includes:
1-18 (A) a temporary license, [or] instruction
1-19 permit, or intermediate license; and
1-20 (B) an occupational license.
1-21 (9) "Traffic offense" means violation of a statute or
1-22 ordinance that regulates a driver's conduct or condition while
1-23 operating a motor vehicle.
1-24 SECTION 2. Section 521.203, Transportation Code, is amended
1-25 to read as follows:
1-26 Sec. 521.203. Restrictions on Class A and B Licenses. The
1-27 department may not issue a Class A or Class B driver's license to a
1-28 person who:
1-29 (1) is under 17 years of age;
1-30 (2) is under 18 years of age unless the person:
1-31 (A) has held an intermediate license for at
1-32 least six months preceding the date of the application;
1-33 (B) has completed a driver training course
1-34 approved by the Texas [Central] Education Agency; and
1-35 (C) is not ineligible under Section 521.2041(b);
1-36 or
1-37 (3) has not provided the department with an affidavit,
1-38 on a form prescribed by the department, that states that no vehicle
1-39 that the person will drive that requires a Class A or Class B
1-40 license is a commercial motor vehicle as defined by Section
1-41 522.003.
1-42 SECTION 3. Subchapter J, Chapter 521, Transportation Code,
1-43 is amended by adding Section 521.2041 to read as follows:
1-44 Sec. 521.2041. ADDITIONAL RESTRICTIONS ON MINOR. (a) The
1-45 department may issue a Class C driver's license to an applicant
1-46 under 18 years of age only if the applicant has held an
1-47 intermediate license for at least six months preceding the date of
1-48 the application.
1-49 (b) The department may not issue a Class A, B, or C driver's
1-50 license or an intermediate license to an applicant under 18 years
1-51 of age if the applicant was alleged to have committed, during the
1-52 six-month period preceding the date of the application for a Class
1-53 A, B, or C driver's license or during the one-year period preceding
1-54 the date of the application for an intermediate license, a traffic
1-55 offense and the allegation:
1-56 (1) resulted in a final:
1-57 (A) adjudication under juvenile proceedings; or
1-58 (B) conviction; or
1-59 (2) has not been finally disposed of before the date
1-60 of the application.
1-61 (c) A person under 18 years of age may not operate a motor
1-62 vehicle unless the person and each passenger in the motor vehicle
1-63 is secured by a safety belt or child passenger safety seat system.
1-64 SECTION 4. Subsection (d), Section 521.222, Transportation
2-1 Code, is amended to read as follows:
2-2 (d) An instruction permit entitles the holder to operate a
2-3 type of motor vehicle on a highway while:
2-4 (1) the permit is in the holder's possession; and
2-5 (2) the holder is accompanied by a person occupying
2-6 the seat by the operator who:
2-7 (A) holds a license that qualifies the operator
2-8 to operate that type of vehicle;
2-9 (B) is 21 [18] years of age or older; [and]
2-10 (C) has at least one year of driving experience;
2-11 and
2-12 (D) is the only person occupying the seat by the
2-13 operator.
2-14 SECTION 5. Subchapter K, Chapter 521, Transportation Code,
2-15 is amended by adding Section 521.2221 to read as follows:
2-16 Sec. 521.2221. INTERMEDIATE LICENSE. (a) The department
2-17 may issue an intermediate license to a person who:
2-18 (1) is 16 years of age but less than 18 years of age;
2-19 (2) meets the requirements imposed by Sections
2-20 521.204(2), (3), and (4) on an applicant for a Class C driver's
2-21 license; and
2-22 (3) is not ineligible under Section 521.2041(b).
2-23 (b) A holder of an intermediate license may not operate a
2-24 motor vehicle after 11 p.m. and before 5 a.m. unless:
2-25 (1) the holder is accompanied in the same manner
2-26 required by Section 521.222(d)(2) for operation of a motor vehicle
2-27 by the holder of an instruction permit; or
2-28 (2) the operation is necessary for the holder to
2-29 travel between the holder's home and the holder's place of
2-30 employment.
2-31 SECTION 6. Subsection (b), Section 521.223, Transportation
2-32 Code, is amended to read as follows:
2-33 (b) An applicant for a license under Subsection (a) must be
2-34 at least 15 years of age but under 16 years of age [or older] and
2-35 must:
2-36 (1) have passed a driver education course approved by
2-37 the department, which may be a course approved under Section
2-38 521.205; and
2-39 (2) pass the examination required by Section 521.161.
2-40 SECTION 7. This Act does not affect the validity or effect
2-41 of a driver's license, including an instruction permit, issued
2-42 before the effective date of this Act. That license is governed by
2-43 the law in effect when the license was issued, and that law is
2-44 continued in effect for that purpose.
2-45 SECTION 8. This Act takes effect January 1, 2000.
2-46 SECTION 9. The importance of this legislation and the
2-47 crowded condition of the calendars in both houses create an
2-48 emergency and an imperative public necessity that the
2-49 constitutional rule requiring bills to be read on three several
2-50 days in each house be suspended, and this rule is hereby suspended.
2-51 * * * * *