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.