BILL ANALYSIS

 

 

                                                                                                                                    C.S.H.B. 3129

                                                                                                                                      By: Hamilton

                                                                                                                                     Transportation

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Motor vehicle crashes involving young drivers continue to cause a disproportionate number of deaths and injuries, with the highest crash rate per mile driven belonging to the holders of provisional driver licenses. In an effort to determine whether or not a monitoring system commonly and successfully used by commercial fleet vehicles would bring about a significant reduction in the crash rates of provisional driver license holders, CSHB 3129 authorizes the Department of Public Safety to join with a national 501(c)(3) public charity to conduct a two-year pilot program of such a monitoring system involving voluntary participation by provisional driver license holders and their parents.

 

CSHB 3129 amends Section 1, Chapter 521, Transportation Code, to allow for the two-year pilot program for holders of provisional driver licenses and its funding.

 

The pilot program authorized by CSHB 3129 would make participation in the program available in every Department of Public Safety Driver License Office. Program participants would enroll and receive a decal to be displayed on the vehicle operated by the provisional driver license holder. The decal invites the public to report observed driving behaviors; the reports are taken by the 501(c)(3) charitable entity via a call center located in Texas, and the information is relayed only to the parent of the provisional driver license holder.

 

The pilot program authorized under CSHB 3129 will be funded by a voluntary contribution of $1.00 per driver license application or renewal under only Paragraphs (a), (b) and (c), Section 521.421, Transportation Code by instructing the Department of Public Safety to collect the $1.00 contribution unless the person applying for or renewing a license objects to the payment thereof.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

Section 521.032 states that a provisional license holder program will be created and partner with a non-profit organization

(1) states the program will be a non-profit exempt from federal income tax.

(2) states it is created for the purpose of preventing injuries and deaths caused by young drivers.

(b)states the department shall create a driver safety program partnered with a non-profit to determine if the pilot program reduces the number of accidents involving provisional license holders.

(1) states that the participation and enrollment will be voluntary.

(2)establishes a toll-free telephone system with bilingual call centers for persons to report the observed operation of a vehicle by a person who is participation in the pilot program.           

(3) to begin on or before September 1, 2005.

(c) the department may solicit, accept, and administer gifts or grants from any public or private source for the use in the program. The program partner shall prepare the application for any grants for the pilot program at the expense of the program partner.  Money received by the department or the program partner shall be deposited to the credit of the state highway fund and used by the department to benefit the pilot program.


(d)  A program manager will coordinate the pilot program and facilitate the collection and analysis of the accident data. 

(e)  monies may be appropriated to the department for support of the program

(f) this section expires September 1, 2007

Section 2. 521.421, Transportation Code, is amended

(i) The department shall collect a fee of $1 for the issuance or renewal of a license to fund the pilot program.  This additional voluntary fee will be collected for person renewing a license.

Section 3.  This act takes effect with two-thirds vote from the house.

 

 

EFFECTIVE DATE

 

Upon passage, or, if the Act does not receive the necessary vote, then the Act takes effect September 1, 2005.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

CSHB 3129 adds to language to Section 1 to include a partnership with a 501(C)3 (not for profit)

Section (3)(c) has enabling language to allow the non-profit and to pair with the department to apply for grants

Section (i) adds language to voluntary "opt out" collection for funding the pilot program