HBA-MPM C.S.H.B. 90 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 90
By: Driver
Public Safety
4/27/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Data from the Insurance Institute for Highway Safety shows that
16-year-olds are three times more likely, and 17- to 19-year-olds twice as
likely, to die in traffic accidents as all drivers combined.  A
disproportionate number of fatal accidents involving teenage drivers occurs
at night.  C.S.H.B. 90 increases the total number of hours of
behind-the-wheel practice and the minimum amount of nighttime
behind-the-wheel practice before a new driver may drive without the
supervision of an adult who is 21 years of age or older. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis this bill does not
delegate any additional rulemaking authority to a state office, department,
agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 521.204, Transportation Code, to authorize the
Texas Department of Public Safety (department) to issue a Class C driver's
license to an applicant under 18 years of age if the applicant has
submitted an affidavit by a parent or guardian that the applicant has
completed at least 70 hours of actual driving practice, including at least
20 hours of practice at night, in addition to other requirements. 

SECTION 2.  Amends Section 521.222, Transportation Code, by amending
Subsection (d) to raise the age minimum of a person accompanying the holder
of an instruction permit to operate a type of motor vehicle on a highway
from 18 to 21 years of age. 

SECTION 3. Requires the Texas Department of Insurance and the department to
evaluate the effect of this Act on insurance claims and on accidents as to
the amount of insurance premium discount available to the affected person.
Requires the department to submit an evaluation report to the legislature
prior to January 1, 2003. 

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date:  September 1, 2000.

SECTION 6.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 90 differs from the original bill as follows:

The substitute modifies the original in the caption to conform to changes
in the body of the bill. 

The substitute deletes the proposed text of the original, with the
exception of Article 3 (Transition; Effective Date; Emergency), which is
redesignated in the substitute (see below).   

The deleted amended and proposed text of the original bill are as follows:

 ARTICLE 1.  Intermediate Driver's License
SECTION 1.01.  Amends Section 521.001(a), Transportation Code, to amend
Subdivision (3) and add Subdivision (9) 
.
SECTION 1.02.  Amends Section 521.123 (Designator on License Issued to
Person Under 21 Years of Age), Transportation Code. 

SECTION 1.03.  Amends Subchapter K, Chapter 521, Transportation Code, to
add Section 521.2221 (Intermediate License). 

SECTION 1.04.  Amends Subchapter K, Chapter 521, Transportation Code, to
add Section 521.2221 (Intermediate License; Additional Restrictions). 

ARTICLE 2.  Motor Vehicle Insurance Premium Discount
SECTION 2.01. Amends Subchapter A, Chapter 5, Insurance Code, to add
ARTICLE 5.03-6 (Premium Discount Program for Holder of Intermediate
Driver's License) and the following sections: 

Sec. 1. Definitions

Sec. 2. Discount Required.

The substitute introduces completely new text for SECTIONS 1-3.  Please see
the Section-bySection Analysis. 

SECTION 4 of the substitute is redesignated from SECTION 3.02 of the
substitute, however, instead of making this Act prospective to the validity
of a driver's license issued before the effective date of this Act, the
original made Article 5.03-6, Insurance Code, prospective to a motor
vehicle insurance policy that is delivered, issued for delivery, or renewed
on or after March 1, 2000. 

SECTION 5 of the substitute is redesignated from SECTION 3.01 of the
original, and changes the effective date from January 1, 2000 in the
original to September 1, 2000 in the substitute. 

SECTION 6 (emergency clause) of the substitute is redesignated from SECTION
3.03.