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.