BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 180

80R1201 MTB-D                                                                                                             By: Carona

                                                                                                 Transportation & Homeland Security

                                                                                                                                            2/12/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, Section 521.271, Transportation Code, requires a driver's license to be renewed every six years, but there is no requirement for elderly drivers to retake vision and field tests in order to obtain a renewal.  There has been increasing concern over public safety in regards to elderly drivers.  Insurance companies have reported that drivers of the age 80 and above are high risk drivers as their sight and responsiveness deteriorates.  Percentages that show older drivers are involved in accidents at lower rates than teen drivers may be misleading since miles traveled and senior citizens' preference to drive only during daylight are not taken into account.  If one looks at accidents per miles driven, elderly drivers have more accidents, including fatal accidents, than any other group.  By 2004, half of the states had passed some sort of elderly driver restrictions, usually requiring older motorists to renew their licenses more often and to have their vision checked.

 

As proposed, S.B. 180 requires drivers of the age 90 and above to pass a vision and driving test in order to have their licenses renewed. 

 

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 521.271, Transportation Code, as follows:

 

Sec. 521.271.  LICENSE EXPIRATION.  Makes conforming and nonsubstantive changes.

 

SECTION 2.  Amends Subchapter M, Chapter 521, Transportation Code, by adding Section 521.2711, as follows:

 

Sec. 521.2711.  LICENSE EXPIRATION:  PERSON AT LEAST 90 YEARS OF AGE.  Provides that a driver's license expires on the license holder's 90th birthday.  Provides that an original driver's license of a person older than 90 years of age expires on the second anniversary of the date of issuance.  Provides that a driver's license of a person older than 90 years of age that is renewed expires on the second anniversary of the expiration date before renewal.

 

SECTION 3.  Amends Section 521.273, Transportation Code, by adding Subsection (c) to prohibit the Department of Public Safety (DPS) from renewing a driver's license of a person who on the license's expiration date before renewal is at least 90 years of age unless the person passes an examination with vision and driving test requirements.

 

SECTION 4.  Amends Section 521.274(b), Transportation Code, by prohibiting a rule adopted under this section from permitting renewal by mail or electronic means of a driver's license of a person who on the license's expiration date before renewal is at least 90 years of age.  Makes nonsubstantive changes.

 

SECTION 5.  Amends Section 521.421, Transportation Code, by adding Subsection (i) to require DPS to prorate the fee for the issuance or renewal of a driver's license of a person who on the license's expiration date before renewal is at least 85 years of age to account for the expiration of the license on the person's 90th birthday.  Sets the fee at $8 for issuance or renewal of a driver's license of a person who is at least 90 years of age on the date of issuance or the expiration date before renewal for a license with an expiration date established under Section 521.2711(b) or (c).

 

SECTION 6.  Makes application of this Act prospective.

 

SECTION 7.  Effective date:  September 1, 2007.