BILL ANALYSIS

 

 

Senate Research Center                                                                                                 C.S.S.B. 696

79R12107 JRJ-D                                                                                                               By: Ogden

                                                                                                 Transportation & Homeland Security

                                                                                                                                            4/29/2005

                                                                                                        Committee Report (Substituted)

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Motor vehicle crashes is the leading cause of death for driver of 15-20 years of age.  According to the National Center for Statistics and Analysis, in 2002, fatal crashes involving 15-20 year old drivers increased 12 percent since 1992 and driver fatalities increased 21 percent.  Under current law, an applicant for a provisional driver's license must successfully have completed a driver education course and passed a written and vision test.  The driving test, however, is waived if the individual has taken the driver education course. 

 

C.S.S.B. 696 eliminates the right to waive a driving test and requires all applicants seeking to obtain a provisional driver's license to pass a driving test administered by the Department of Public Safety.  It also includes certain provisions applicable to a person seeking reinstatement of a provisional license.      

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 521.273, Transportation Code, by adding Subsection (c), to require the Department of Public Safety (DPS) to require a provisional license holder to pass the examination under Section 521.161(2) (Examination of License Applicants) before issuing a renewal driver's license to the holder if the license holder has been convicted of a moving violation or had the holder's license suspended by DPS. 

 

SECTION 2.  Amends Section 521.313(a), Transportation Code, to prohibit a license suspended or revoked under this subchapter from being reinstated or another license issued to the person until the person has passed the examination under Section 521.161(b)(2), if the person is a provisional license holder.

 

SECTION 3.  Amends Subchapter O, Chapter 521, Transportation Code, by adding Section 521.351, as follows:

 

Sec. 521.351.  EXAMINATION FOR REINSTATEMENT OF PROVISIONAL LICENSE.  Requires DPS to require a provisional license holder to pass the examination under Section 521.161(b)(2) before reinstating a provisional license that has been suspended under this subchapter. 

 

SECTION 4.  Amends Section 521.377(a), Transportation Code, to make a conforming change.

 

SECTION 5.  Amends Section 521.421, Transportation Code, by adding Subsections (i) and (j), as follows:

 

            (i) Requires an applicant applying for a renewal or reinstatement of a provisional license to pay a $10 examination fee if the applicant takes the examination required by Section 521.161(b)(2).

 

            (j) Requires the fee collected under Subsection (i) to be deposited to the credit of a special account in the general revenue fund and provides that it may be used only by DPS for the administration of this chapter. 

 

SECTION 6.  Makes application of this Act prospective.

 

SECTION 7.  Effective date: September 1, 2005.