HBA-NIK H.B. 2129 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2129 By: Carter Public Safety 4/19/1999 Introduced BACKGROUND AND PURPOSE The staff report of Texas Performance Review reports that more teenagers die in traffic accidents than from drugs, AIDS, suicide, homicide, or any other type of accident. H.B. 2129 establishes graduated driver's licenses which require teenagers to have more experience driving with an adult in the car and only during daylight hours to give them time to become better drivers before they are given a license to drive independently. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 521.001(a), Transportation Code, to include intermediate license under the definition of "driver's license." Defines "traffic offense." SECTION 2. Amends Section 521.123, Transportation Code, to include renewed and duplicated driver's licenses issued by the Department of Public Safety (department) to a person who is 18 years of age, among the licenses the department is required to designate and mark clearly as provisional. Requires the department to indicate "INSTRUCTION PERMIT" on the face of each instruction permit. Requires the department to indicate "CLASS D" on the face of each intermediate license. SECTION 3. Amends Section 521.203, Transportation Code, as follows: Sec. 521.203. New title: RESTRICTIONS ON CLASS A, B, AND C LICENSES. Prohibits the department from issuing a Class A, B, or a C license to a person who is under 18 years of age. Deletes the prohibition against the department issuing a Class A, or B driver's license to a person who is under 17 years of age. Deletes the exception currently allowing the department to issue a Class A or B license to a person who is under 18 years of age if the person has completed a driver training course approved by the Texas Education Agency (agency). SECTION 4. Amends Section 521.204, Transportation Code, as follows: Sec. 521.204. New title: ADDITIONAL RESTRICTIONS ON ISSUANCE OF LICENSE. Prohibits the department from issuing an instruction permit, intermediate license, or an original Class A, B, or C driver's license to an applicant who committed certain enumerated offenses relating to traffic violations. Provides that this section applies only to an allegation that resulted in a final adjudication under juvenile proceedings or conviction, or has not been finally disposed of before the date of the application. Deletes title "Restrictions on Minor." Deletes text authorizing the department to issue a Class C driver's license to an applicant under 18 years of age only if the applicant has certain enumerated qualifications. SECTION 5. Amends Section 521.222, Transportation Code, by amending Subsections (a) and (d) and adding Subsection (f), as follows: (a) Includes a person who has obtained a high school diploma or its equivalent or is a specified type of student, and a person who is not eligible under Section 521.204 among those for whom the department or a specified driver education school is authorized to issue an instruction permit, including a Class A or Class B driver's license instruction permit. (d) Increases the age of a person occupying the seat by the operator with an instruction permit, which entitles the holder to operate a type of motor vehicle on a highway, from 18 years of age to 21 years of age. (f) Prohibits a holder of an instruction permit from operating a vehicle on a highway during nighttime, as defined by Section 541.401 (Miscellaneous Terms), Transportation Code. SECTION 6. Amends Subchapter K, Chapter 521, Transportation Code by adding Section 521.2221, as follows: Sec. 521.2221. INTERMEDIATE LICENSE. Authorizes the department to issue an intermediate license to a person who qualifies under enumerated provisions. Provides that an intermediate license authorizes the holder of the license to operate a vehicle that may be operated under a Class C driver's license. Provides exceptions prohibiting the holder from operating a vehicle on a highway during specified periods unless the holder adheres to certain enumerated provisions. SECTION 7. Amends Section 9A, Texas Driver and Traffic Safety Education Act (Article 4413 (29c), V.T.C.S.), to require the agency to print and supply to licensed and exempt driver education schools serially numbered driver education certificates to be used for certifying completion of an approved driver education course for the purposes of Section 521.204, Transportation Code, rather than Section 7(a), Chapter 173, Acts of the 47th Legislature, Regular Session, 1942 (Article 6687, V.T.C.S.). Provides that the certificate must include a box that authorizes the driver education instructor to check to indicate, if applicable, that the student has completed the highway sign and traffic law parts of the examination required by Section 521.161 (Examination of License Applicants), Transportation Code, but has not been administered the driving test required by that section. SECTION 8. Requires the Texas Department of Insurance and the Texas Department of Public Safety to evaluate the effect of this Act on insurance claims and on accidents involving affected persons. Requires those departments to submit to the lieutenant governor and speaker of the house of representatives a report on their evaluation before January 1, 2003. SECTION 9. Makes application of this Act prospective. SECTION 10. Effective date: September 1, 2000. SECTION 11. Emergency clause.