1-1 AN ACT
1-2 relating to driving privileges of drivers under 18 years of age.
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
1-7 may issue a Class C driver's license to an applicant under 18 years
1-8 of 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
1-25 (4) has passed the examination required by Section
2-1 521.161.
2-2 (b) The department may not issue a Class A, B, or C driver's
2-3 license other than a hardship license to an applicant under 18
2-4 years of age unless the applicant has held an instruction permit or
2-5 hardship license for at least six months preceding the date of the
2-6 application.
2-7 SECTION 2. Subsection (d), Section 521.222, Transportation
2-8 Code, is amended to read as follows:
2-9 (d) An instruction permit entitles the holder to operate a
2-10 type of motor vehicle on a highway while:
2-11 (1) the permit is in the holder's possession; and
2-12 (2) the holder is accompanied by a person occupying
2-13 the seat by the operator who:
2-14 (A) holds a license that qualifies the operator
2-15 to operate that type of vehicle;
2-16 (B) is 21 [18] years of age or older; and
2-17 (C) has at least one year of driving experience.
2-18 SECTION 3. Subchapter I, Chapter 545, Transportation Code,
2-19 is amended by adding Section 545.424 to read as follows:
2-20 Sec. 545.424. OPERATION OF VEHICLE BY PERSON UNDER 18 YEARS
2-21 OF AGE. (a) A person under 18 years of age, during the six-month
2-22 period following issuance of an original Class A, B, or C driver's
2-23 license to the person, may not operate a motor vehicle:
2-24 (1) after midnight and before 5 a.m. unless the
2-25 operation of the vehicle is necessary for the operator to attend or
2-26 participate in employment or a school-related activity or because
3-1 of a medical emergency; or
3-2 (2) with more than one passenger in the vehicle under
3-3 21 years of age who is not a family member.
3-4 (b) A person under 17 years of age who holds a restricted
3-5 motorcycle license or moped license, during the six-month period
3-6 following the issuance of an original motorcycle license or moped
3-7 license to the person, may not operate a motorcycle or moped after
3-8 midnight and before 5 a.m. unless:
3-9 (1) the person is in sight of the person's parent or
3-10 guardian; or
3-11 (2) the operation of the vehicle is necessary for the
3-12 operator to attend or participate in employment or a school-related
3-13 activity or because of a medical emergency.
3-14 (c) This section does not apply to:
3-15 (1) the holder of a hardship license; or
3-16 (2) a person operating a motor vehicle while
3-17 accompanied in the manner required by Section 521.222(d)(2) for the
3-18 holder of an instruction permit.
3-19 (d) For the purposes of this section, employment includes
3-20 work on a family farm by a member of the family that owns or
3-21 operates the farm.
3-22 (e) A peace officer may not stop a vehicle or detain the
3-23 operator of a vehicle for the sole purpose of determining whether
3-24 the operator of the vehicle has violated this section.
3-25 SECTION 4. This Act does not affect the validity or effect
3-26 of a driver's license, including an instruction permit, issued
S.B. No. 577
4-1 before the effective date of this Act. A license issued before the
4-2 effective date of this Act is governed by the law in effect when
4-3 the license was issued, and that law is continued in effect for
4-4 that purpose.
4-5 SECTION 5. This Act takes effect January 1, 2002.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 577 passed the Senate on
March 14, 2001, by a viva-voce vote; May 3, 2001, Senate refused to
concur in House amendments and requested appointment of Conference
Committee; May 7, 2001, House granted request of the Senate;
May 18, 2001, Senate adopted Conference Committee Report by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 577 passed the House, with
amendments, on April 30, 2001, by a non-record vote; May 7, 2001,
House granted request of the Senate for appointment of Conference
Committee; May 24, 2001, House adopted Conference Committee Report
by the following vote: Yeas 121, Nays 13, one present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor