By Uresti                                             H.B. No. 1500
         77R2889 DWS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to driving privileges of certain minors.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 521.204, Transportation Code, is amended
 1-5     to read as follows:
 1-6           Sec. 521.204.  RESTRICTIONS ON MINOR. (a)  The department may
 1-7     issue a Class C driver's license to an applicant under 18 years of
 1-8     age only if the applicant:
 1-9                 (1)  is 16 years of age or older;
1-10                 (2)  has submitted to the department a driver education
1-11     certificate issued under Section 9A, Texas Driver and Traffic
1-12     Safety Education Act (Article 4413(29c), Vernon's Texas Civil
1-13     Statutes), that states that the person has completed and passed a
1-14     driver education course approved by the department under Section
1-15     521.205 or by the Texas Education Agency;
1-16                 (3)  has obtained a high school diploma or its
1-17     equivalent or is a student:
1-18                       (A)  enrolled in a public school, home school, or
1-19     private school who attended school for at least 80 days in the fall
1-20     or spring semester preceding the date of the driver's license
1-21     application; or
1-22                       (B)  who has been enrolled for at least 45 days,
1-23     and is enrolled as of the date of the application, in a program to
1-24     prepare persons to pass the high school equivalency exam; and
 2-1                 (4)  has passed the examination required by Section
 2-2     521.161.
 2-3           (b)  The department may not issue a Class A, B, or C driver's
 2-4     license other than a hardship license to an applicant under 18
 2-5     years of age unless the applicant:
 2-6                 (1)  has held an instruction permit or hardship license
 2-7     for at least six months preceding the date of the application; and 
 2-8                 (2)  submits with the application a document that:
 2-9                       (A)  states that the applicant has completed at
2-10     least 50 hours of driving, including at least 10 hours of nighttime
2-11     driving, accompanied as required under Section 521.222(d)(2); and
2-12                       (B)  is signed by the applicant's parent or
2-13     guardian or by a person authorized to teach a driver education
2-14     course under the Texas Driver and Traffic Safety Education Act
2-15     (Article 4413(29c), Vernon's Texas Civil Statutes).
2-16           SECTION 2. Section 521.222(d), Transportation Code, is
2-17     amended to read as follows:
2-18           (d)  An instruction permit entitles the holder to operate a
2-19     type of motor vehicle on a highway while:
2-20                 (1)  the permit is in the holder's possession; and
2-21                 (2)  the holder is accompanied by a person occupying
2-22     the seat by the operator who:
2-23                       (A)  holds a license that qualifies the operator
2-24     to operate that type of vehicle;
2-25                       (B)  is 21 [18] years of age or older; and
2-26                       (C)  has at least one year of driving experience.
2-27           SECTION 3. Subchapter I, Chapter 545, Transportation Code, is
 3-1     amended by adding Section 545.424 to read as follows:
 3-2           Sec. 545.424.  OPERATION OF VEHICLE BY PERSON UNDER 18 YEARS
 3-3     OF AGE. A person under 18 years of age, during the six-month period
 3-4     following issuance of an original Class A, B, or C driver's license
 3-5     to the person, may not operate a motor vehicle:
 3-6                 (1)  after 11 p.m. and before 5 a.m. unless the
 3-7     operation of the vehicle is necessary for the operator to attend or
 3-8     participate in employment or school or because of a medical
 3-9     emergency; or
3-10                 (2)  with more than one passenger in the vehicle under
3-11     18 years of age unless each additional passenger under 18 years of
3-12     age is a member of the operator's immediate family and the
3-13     transportation of each additional passenger under 18 years of age
3-14     is authorized by the operator's parent or guardian.
3-15           SECTION 4.  This Act does not affect the validity or effect
3-16     of a driver's license, including an instruction permit, issued
3-17     before the effective date of this Act.  That license is governed by
3-18     the law in effect when the license was issued, and that law is
3-19     continued in effect for that purpose.
3-20           SECTION 5.  This Act takes effect September 1, 2001.