AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The 81st Legislature, Regular Session, 2009, passed H.B. 2012.  H.B. 2012 amended Chapter 521 (Driver's Licenses and Certificates), Transportation Code, to provide that a person commits a Class B misdemeanor if a person commits an offense of driving without a valid driver's license and at the time is also operating a motor vehicle without maintaining liability insurance.  If, at the time a person is driving without a valid driver's license, that person causes or is at fault in a motor vehicle accident that results in serious bodily injury to or death or another and is driving without maintaining without maintaining liability insurance, the offense would be a Class A misdemeanor.  However, the bill's provisions did not address circumstance where a person does not possess a driver's license.

 

S.B. 1608 would further amend Chapter 521, Transportation Code, to include circumstances where a person does not possess a driver's license.  Under S.B. 1608, a person commits a Class B misdemeanor if a person commits an offense of driving without a valid driver's license or not possessing a driver's license and at the time is also operating a motor vehicle without maintaining liability insurance.  If, at the time a person is driving without a valid driver's license or does not possess a driver's license, that person causes or is at fault in a motor vehicle accident that results in serious bodily injury to or death of another and is driving without maintaining liability insurance, the offense would be a Class A misdemeanor.

 

As proposed, S.B. 1608 amends current law relating to operating a motor vehicle without a driver's license and creates an offense.

 

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 521.457(a), Transportation Code, as follows:

 

(a) Provides that a person commits an offense if the person operates a motor vehicle on a highway under certain conditions, including without holding a driver's license for any other reason and the person is not exempt from the license requirement imposed under this chapter.  Makes nonsubstantive changes.

 

SECTION 2.  Effective date: September 1, 2011.