HBA-MPA H.B. 15 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 15
By: Goolsby
Transportation
2/2/1999
Introduced



BACKGROUND AND PURPOSE 

Current state law does not require applicants to submit to a substance
abuse test before a commercial driver's license or learner's permit is
issued by the Texas Department of Public Safety.  H.B. 15 requires all
applicants for a commercial driver's license or learner's permit to submit
to a mandatory substance abuse test that is capable of determining if the
person has used an illegal substance within the 90 days previous to the
application. 

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 Chapter 522C, Transportation Code, by adding Section
522.0245 as follows: 

Sec. 522.0245.  CONTROLLED SUBSTANCE TESTING.  Prohibits the Department of
Public Safety (department) from issuing a commercial driver's license or
commercial driver learner's permit to any person that the department has
determined to have used illegal drugs in the preceding 90 days.  Requires
the department to determine whether an applicant for such a license or
permit has used illegal drugs by analysis of the applicant's hair.
Provides that the applicant must remit, along with any other fees required
when filing a license or permit application, a fee set by the department to
cover the cost of the analysis of the applicant's hair. 

SECTION 2. Makes application of this Act prospective.

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.