By Bivins, et al. S.B. No. 577
77R4555 DWS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to graduated driver licensing.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 521.001(a)(3), Transportation Code, is
1-5 amended to read as follows:
1-6 (3) "Driver's license" means an authorization issued
1-7 by the department for the operation of a motor vehicle. The term
1-8 includes:
1-9 (A) a temporary license, [or] instruction
1-10 permit, or intermediate license; and
1-11 (B) an occupational license.
1-12 SECTION 2. Section 521.203, Transportation Code, is amended
1-13 to read as follows:
1-14 Sec. 521.203. RESTRICTIONS ON CLASS A AND B LICENSES. The
1-15 department may not issue a Class A or Class B driver's license to a
1-16 person who:
1-17 (1) is under 17 years of age;
1-18 (2) is under 18 years of age unless the person:
1-19 (A) has held an intermediate license for at
1-20 least six months preceding the date of the application; and
1-21 (B) has completed a driver training course
1-22 approved by the Texas [Central] Education Agency; or
1-23 (3) has not provided the department with an affidavit,
1-24 on a form prescribed by the department, that states that no vehicle
2-1 that the person will drive that requires a Class A or Class B
2-2 license is a commercial motor vehicle as defined by Section
2-3 522.003.
2-4 SECTION 3. Subchapter J, Chapter 521, Transportation Code,
2-5 is amended by adding Section 521.2041 to read as follows:
2-6 Sec. 521.2041. ADDITIONAL RESTRICTIONS ON MINOR. (a) The
2-7 department may issue a Class C driver's license to an applicant
2-8 under 18 years of age only if the applicant has held an
2-9 intermediate license for at least six months preceding the date of
2-10 the application.
2-11 (b) A person under 18 years of age may not operate a motor
2-12 vehicle unless the person and each passenger in the motor vehicle
2-13 is secured by a safety belt or child passenger safety seat system.
2-14 SECTION 4. 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 and
2-26 (D) is the only person occupying the seat by the
2-27 operator.
3-1 SECTION 5. Subchapter K, Chapter 521, Transportation Code,
3-2 is amended by adding Section 521.2221 to read as follows:
3-3 Sec. 521.2221. INTERMEDIATE LICENSE. (a) The department
3-4 may issue an intermediate license to a person who:
3-5 (1) is 16 years of age but less than 18 years of age;
3-6 and
3-7 (2) meets the requirements imposed by Sections
3-8 521.204(2), (3), and (4) on an applicant for a Class C driver's
3-9 license.
3-10 (b) A holder of an intermediate license may not operate a
3-11 motor vehicle after 11 p.m. and before 5 a.m. unless:
3-12 (1) the holder is accompanied in the same manner
3-13 required by Section 521.222(d)(2) for operation of a motor vehicle
3-14 by the holder of an instruction permit; or
3-15 (2) the operation is necessary:
3-16 (A) for the holder to travel between the
3-17 holder's home and the holder's place of employment; or
3-18 (B) because of a medical emergency.
3-19 SECTION 6. Section 521.223(b), Transportation Code, is
3-20 amended to read as follows:
3-21 (b) An applicant for a license under Subsection (a) must be
3-22 at least 15 years of age but under 16 years of age [or older] and
3-23 must:
3-24 (1) have passed a driver education course approved by
3-25 the department, which may be a course approved under Section
3-26 521.205; and
3-27 (2) pass the examination required by Section 521.161.
4-1 SECTION 7. This Act does not affect the validity or effect
4-2 of a driver's license, including an instruction permit, issued
4-3 before the effective date of this Act. That license is governed by
4-4 the law in effect when the license was issued, and that law is
4-5 continued in effect for that purpose.
4-6 SECTION 8. This Act takes effect January 1, 2002.