78R1289 DWS-D
By: Driver H.B. No. 2080
A BILL TO BE ENTITLED
AN ACT
relating to graduated driver licensing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 521, Transportation Code, is amended by
adding Subchapter T to read as follows:
SUBCHAPTER T. GRADUATED DRIVER LICENSING
Sec. 521.481. DEFINITIONS. In this subchapter:
(1) "Conviction free" means that a person has not been
convicted or adjudicated under juvenile proceedings for an offense
under state or local law relating to the operation of a motor
vehicle, including an offense under Section 106.041, Alcoholic
Beverage Code, or an offense under Chapter 49, Penal Code,
involving operation of a motor vehicle, but excluding an offense
specifically applying only to the type of license or permit held by
the person.
(2) "Successfully complied" means that:
(A) the person did not violate any provision of
law specifically applying only to the type of license or permit held
by the person; or
(B) if the person violated such a provision, the
person has been subject to the consequences prescribed by law for
the violation.
Sec. 521.482. APPLICATION. This subchapter applies only to
a person under 18 years of age.
Sec. 521.483. STAGE 1: INSTRUCTION PERMIT. (a) In
addition to the restrictions imposed by Section 521.222(d) and
other law, a holder of an instruction permit may not operate a motor
vehicle unless the person and each passenger in the motor vehicle is
secured by a safety belt or child passenger safety seat system.
(b) The department shall indicate "INSTRUCTION PERMIT" on
the face of each instruction permit.
Sec. 521.484. STAGE 2: INTERMEDIATE LICENSE. (a) The
department may issue an intermediate license to a person who:
(1) meets the requirements of Section 521.204 for
issuance of a Class C driver's license; and
(2) during the three-month period preceding the date
of application for the intermediate license, has:
(A) held an instruction permit;
(B) been conviction free; and
(C) successfully complied with the conditions of
holding an instruction permit.
(b) In addition to the restrictions imposed by Section
545.424 and other law, the holder of an intermediate license may not
operate a motor vehicle unless the person and each passenger in the
motor vehicle is secured by a safety belt or child passenger safety
seat system.
(c) The department shall indicate "INTERMEDIATE LICENSE" on
the face of each intermediate license.
Sec. 521.485. STAGE 3: CLASS A, B, OR C LICENSE. The
department may not issue a Class A, B, or C driver's license to a
person unless:
(1) the person has held an intermediate license for at
least six months;
(2) the combined period during which the person held
an instruction permit and intermediate license is at least one
year; and
(3) during the one-year period preceding the date of
application for the Class A, B, or C license, the person has:
(A) been conviction free; and
(B) successfully complied with the conditions of
holding the applicable license.
SECTION 2. Section 521.001(a)(3), Transportation Code, is
amended to read as follows:
(3) "Driver's license" means an authorization issued
by the department for the operation of a motor vehicle. The term
includes:
(A) a temporary license, [or] instruction
permit, or intermediate license; and
(B) an occupational license.
SECTION 3. Section 521.204, Transportation Code, is amended
to read as follows:
Sec. 521.204. RESTRICTIONS ON MINOR. [(a)] The department
may issue a Class C driver's license to an applicant under 18 years
of age only if the applicant:
(1) is 16 years of age or older;
(2) has submitted to the department a driver education
certificate issued under Section 9A, Texas Driver and Traffic
Safety Education Act (Article 4413(29c), Vernon's Texas Civil
Statutes), that states that the person has completed and passed a
driver education course approved by the department under Section
521.205 or by the Texas Education Agency;
(3) has obtained a high school diploma or its
equivalent or is a student:
(A) enrolled in a public school, home school, or
private school who attended school for at least 80 days in the fall
or spring semester preceding the date of the driver's license
application; or
(B) who has been enrolled for at least 45 days,
and is enrolled as of the date of the application, in a program to
prepare persons to pass the high school equivalency exam; and
(4) has passed the examination required by Section
521.161.
[(b) The department may not issue a Class A, B, or C driver's
license other than a hardship license to an applicant under 18 years
of age unless the applicant has held an instruction permit or
hardship license for at least six months preceding the date of the
application.]
SECTION 4. Section 545.424(a), Transportation Code, is
amended to read as follows:
(a) A holder of an intermediate license [person under 18
years of age, during the six-month period following issuance of an
original Class A, B, or C driver's license to the person,] may not
operate a motor vehicle:
(1) after midnight and before 5 a.m. unless the
operation of the vehicle is necessary for the operator to attend or
participate in employment or a school-related activity or because
of a medical emergency; or
(2) with more than one passenger in the vehicle under
21 years of age who is not a family member.
SECTION 5. This Act does not affect the validity or effect
of a driver's license, including an instruction permit, issued
before the effective date of this Act. A license issued before the
effective date of this Act is governed by the law in effect when the
license was issued, and that law is continued in effect for that
purpose.
SECTION 6. This Act takes effect September 1, 2003.