By:  Haywood                                          S.B. No. 1583
         99S0570/1                           
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to driver's license eligibility and to certain
 1-2     restrictions on the use of a motor vehicle.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 521.2465, Transportation Code, is amended
 1-5     to read as follows:
 1-6           Sec. 521.2465.  ESSENTIAL NEED [RESTRICTED] LICENSE.  (a)  On
 1-7     receipt of a court order [notice] that a person has been restricted
 1-8     to the use of a motor vehicle equipped with an ignition interlock
 1-9     device, the department shall notify that person that the person's
1-10     driver's license will be canceled [expires] on the 30th day after
1-11     the date of the notice. On receipt of a copy of a court order
1-12     granting an occupational license, evidence of financial
1-13     responsibility in accordance with Chapter 601, [application by the
1-14     person] and payment of a fee of $10, the department shall issue an
1-15     occupational [a special restricted] license that authorizes the
1-16     person to operate only a  motor vehicle equipped with an ignition
1-17     interlock device.
1-18           (b)  On the expiration of a court-ordered restriction
1-19     provided by this section or receipt of a copy of a court order
1-20     removing the restriction, the department may reissue [shall issue]
1-21     the person a driver's license without the restriction.
1-22           SECTION 2.  Section 521.201, Transportation Code, is amended
1-23     to read as follows:
1-24           Sec. 521.201.  License Ineligibility in General.  The
 2-1     department may not issue or renew any license to a person [who]:
 2-2                 (1)  who is under 15 years of age;
 2-3                 (2)  who is under 18 years of age unless the person
 2-4     complies with the requirements imposed by Section 521.204;
 2-5                 (3)  who is shown to be addicted to the use of alcohol,
 2-6     a controlled substance, or another drug that renders a person
 2-7     incapable of driving;
 2-8                 (4)  whose [holds a] driver's license or driving
 2-9     privilege has been denied, [issued by this state or another state
2-10     or country that is] revoked, canceled, or suspended by this state
2-11     or another state or country [under suspension];
2-12                 (5)  who has been determined by a judgment of a court
2-13     to be mentally incompetent unless the person has, by the date of
2-14     the license application, been:
2-15                       (A)  restored to competency by judicial decree;
2-16     or
2-17                       (B)  released from a hospital for the mentally
2-18     incompetent on a certificate by the superintendent of the hospital
2-19     that the person is competent;
2-20                 (6)  who the department determines to be afflicted with
2-21     a mental or physical disability or disease that prevents the person
2-22     from exercising reasonable and ordinary control over a motor
2-23     vehicle while operating the vehicle on a highway, except that a
2-24     person may not be refused a license because of a physical defect if
2-25     common experience shows that the defect does not incapacitate a
2-26     person from safely operating a motor vehicle;
 3-1                 (7)  who has been reported by a court under Section
 3-2     729.003 for failure to appear or for default in payment of a fine
 3-3     unless the court has filed an additional report on final
 3-4     disposition of the case; or
 3-5                 (8)  who has been reported by a court for failure to
 3-6     appear or default in payment of a fine for a misdemeanor that is
 3-7     not covered under Subdivision (7) and that is punishable by a fine
 3-8     only, including a misdemeanor under a municipal ordinance,
 3-9     committed by a person who was under 17 years of age at the time of
3-10     the alleged offense, unless the court has filed an additional
3-11     report on final disposition of the case.
3-12           SECTION 3.  Subsections (b) and (d), Section 521.242,
3-13     Transportation Code, are amended to read as follows:
3-14           (b)  A person may apply for an occupational license by filing
3-15     a verified petition only with the clerk of the county court or
3-16     district court in which the person was convicted or restricted to
3-17     the operation of a motor vehicle equipped with an ignition
3-18     interlock device if:
3-19                 (1)  the person's license has been automatically
3-20     suspended or canceled under this chapter or Chapter 522 for a
3-21     conviction of an offense under the laws of this state or after an
3-22     ignition interlock device requirement in this state; and
3-23                 (2)  the person has not been issued, in the 10 years
3-24     preceding the date of the filing of the petition, more than one
3-25     occupational license after a conviction under the laws of this
3-26     state or after an ignition interlock device requirement in this
 4-1     state.
 4-2           (d)  A petition filed under Subsection (b) must state that
 4-3     the petitioner was convicted or restricted to the operation of a
 4-4     motor vehicle equipped with an ignition interlock device in that
 4-5     court for an offense under the laws of this state.
 4-6           SECTION 4.  Subsection (b), Section 521.248, Transportation
 4-7     Code, is amended to read as follows:
 4-8           (b)  The person may not operate a motor vehicle for more than
 4-9     four hours in any 24-hour period, except that:
4-10                 (1)  on a showing of necessity, the court may allow the
4-11     person to drive for any period determined by the court that does
4-12     not exceed 12 hours in any 24-hour period; or
4-13                 (2)  the court may allow the person to drive for an
4-14     unlimited time period when operating a motor vehicle equipped with
4-15     an ignition interlock device.
4-16           SECTION 5.  This Act takes effect September 1, 1999.
4-17           SECTION 6.  The importance of this legislation and the
4-18     crowded condition of the calendars in both houses create an
4-19     emergency and an imperative public necessity that the
4-20     constitutional rule requiring bills to be read on three several
4-21     days in each house be suspended, and this rule is hereby suspended.