HBA-DMH, C.S.H.B. 432 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 432
By: Driver
Public Safety
2/28/2001
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

In 1998, 348 Texas teens between 15 and 18 years of age were killed in
motor vehicle traffic accidents. According to the National Highway Traffic
Safety Administration (NHTSA), sixteen-year-old drivers have crash rates
three times that of seventeen-year-old drivers.  To reduce crash rates,
NHTSA encourages easing young drivers into progressively more difficult
driving situations through the implementation of a graduated driver
licensing system.  C.S.H.B. 432 modifies current law to incorporate
components of the graduated driver licensing system into the current
provisions for driver's licenses. 

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. 

ANALYSIS

C.S.H.B. 432 amends the Transportation Code to prohibit the Department of
Public Safety from issuing a Class A, B, or C driver's license other than a
hardship license to an applicant under 18 years of age, unless the
applicant has held an instruction permit or hardship license for at least
six months preceding the date of the application and submits a document,
signed by the applicant's parent or guardian, stating that the applicant
has completed specified driver training. 

During the six-month period following issuance of an original driver's
license, the bill prohibits a person under 18 years of age from operating a
motor vehicle after 11 p.m. and before 5 a.m., unless operation of the
vehicle is necessary for the operator to attend or participate in
employment or school or because of a medical emergency.  The bill also
prohibits such a person from operating a motor vehicle with a passenger
under 21 years of age in the vehicle, unless the passenger is a sibling of
the operator and transportation of the passenger is authorized by the
parent or guardian of the operator.  The bill specifies to whom such
prohibitions do not apply.  The bill increases from 18 to 21 the minimum
age of a person who is required to accompany an instruction permit holder
while the holder operates a motor vehicle on a highway.  The bill extends
the date of expiration for an instruction permit from the first to the
second birthday of the license holder occurring after the date of the
license holder's application.  

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original bill by removing the provision
that the specified driving training document may be signed by an authorized
driver education course instructor.  The substitute specifies to whom the
prohibition on operating a motor vehicle after 11 p.m. and before 5 a.m.
does not apply, and includes work on a family farm by a member of the
family who owns or operates the farm in the employment participation
exemption.  The substitute adds language to extend the date of expiration
for an instruction permit.