77R10292 DWS-D
By Bivins, et al. S.B. No. 577
Substitute the following for S.B. No. 577:
By Turner of Coleman C.S.S.B. No. 577
A BILL TO BE ENTITLED
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 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.
2-14 SECTION 2. Section 521.222(d), Transportation Code, is
2-15 amended to read as follows:
2-16 (d) An instruction permit entitles the holder to operate a
2-17 type of motor vehicle on a highway while:
2-18 (1) the permit is in the holder's possession; and
2-19 (2) the holder is accompanied by a person occupying
2-20 the seat by the operator who:
2-21 (A) holds a license that qualifies the operator
2-22 to operate that type of vehicle;
2-23 (B) is 21 [18] years of age or older; and
2-24 (C) has at least one year of driving experience.
2-25 SECTION 3. Section 521.271(a), Transportation Code, is
2-26 amended to read as follows:
2-27 (a) Each original driver's license and provisional license
3-1 expires as follows:
3-2 (1) a driver's license expires on the first birthday
3-3 of the license holder occurring after the sixth anniversary of the
3-4 date of the application;
3-5 (2) a provisional license expires on the earlier of:
3-6 (A) the 18th birthday of the license holder; or
3-7 (B) the first birthday of the license holder
3-8 occurring after the date of the application;
3-9 (3) an instruction permit expires on the second
3-10 [first] birthday of the license holder occurring after the date of
3-11 the application; and
3-12 (4) an occupational license expires on the first
3-13 anniversary of the court order granting the license.
3-14 SECTION 4. Subchapter I, Chapter 545, Transportation Code, is
3-15 amended by adding Section 545.424 to read as follows:
3-16 Sec. 545.424. OPERATION OF VEHICLE BY PERSON UNDER 18 YEARS
3-17 OF AGE. (a) A person under 18 years of age, during the six-month
3-18 period following issuance of an original Class A, B, or C driver's
3-19 license to the person, may not operate a motor vehicle:
3-20 (1) after 11 p.m. and before 5 a.m. unless the
3-21 operation of the vehicle is necessary for the operator to attend or
3-22 participate in employment or a school-related activity or because
3-23 of a medical emergency; or
3-24 (2) with a passenger in the vehicle under 21 years of
3-25 age unless the passenger is the operator's brother or sister and
3-26 the transportation of the passenger is authorized by the operator's
3-27 parent or guardian.
4-1 (b) This section does not apply to:
4-2 (1) the holder of a hardship license; or
4-3 (2) a person operating a motor vehicle while
4-4 accompanied in the manner required by Section 521.222(d)(2) for the
4-5 holder of an instruction permit.
4-6 (c) For the purposes of Subsection (a)(1), employment
4-7 includes work on a family farm by a member of the family that owns
4-8 or operates the farm.
4-9 SECTION 5. This Act does not affect the validity or effect
4-10 of a driver's license, including an instruction permit, issued
4-11 before the effective date of this Act. A license issued before the
4-12 effective date of this Act is governed by the law in effect when
4-13 the license was issued, and that law is continued in effect for
4-14 that purpose.
4-15 SECTION 6. This Act takes effect September 1, 2001.