BILL ANALYSIS

C.S.H.B. 3676

By: Phillips

Homeland Security & Public Safety

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Current law prohibits a driver under the age of 18 from using a cell phone while driving and prohibits a newly licensed driver under the age of 18, during the 12-month period after licensure, from driving between midnight and 5 a.m. and from carrying more than one passenger in the vehicle who is under 21 years old and not a family member. However, a driver under the age of 18 who has received a hardship license is exempted from these prohibitions. C.S.H.B. 3676 seeks to include the holder of a hardship license in these driving-related prohibitions applicable to certain teen drivers by removing the exemption for the holder of a hardship license.

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

C.S.H.B. 3676 amends the Transportation Code to remove the exemption for a person who holds a hardship license from the prohibitions against the following activities: the operation of a motor vehicle by a person under 18 years of age while using a wireless communications device; the operation of a motor vehicle by a person under 18 years of age within the 12-month period following the issuance of an original Class A, B, or C driver's license during certain night hours or with more than one passenger under 21 years of age who is not a family member; and the operation of a motorcycle or moped by a person under 17 years old who holds a restricted motorcycle or moped license while using a wireless communications device or within the 12-month period following the issuance of an original such license, during certain night hours.

EFFECTIVE DATE

September 1, 2013.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 3676 differs from the original in minor or nonsubstantive ways by conforming to certain bill drafting conventions.