HBA-DMH, TBM C.S.S.B. 577 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 577 By: Bivins Public Safety 4/3/2001 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), 16-year-old drivers have crash rates three times that of 17-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.S.B. 577 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.S.B. 577 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. The bill prohibits a person under 18 years of age during the six-month period following issuance of an original driver's license 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 persons 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 C.S.S.B. 577 differs from the original by adding provisions relating to driving restrictions on a minor. The substitute removes the provision contained in the original that an accompanying adult be the only person occupying the seat next to a motorist who is the holder of an instruction permit. The substitute increases the required age of a person from 18 to 21 years of age accompanying an instruction permit holder in order for the holder to be able to operate a motor vehicle. The bill also adds language to extend the date of expiration of an instruction permit. The substitute removes the provision requiring a motorist under 18 years of age and any passengers to wear safety belts. The substitute removes provisions placing restrictions on underage motorcycle or moped operators. The substitute adds provisions to authorize a person under 18 years of age during the six-month period following issuance of an original Class A, B, or C driver's license, to operate a motor vehicle after 11 p.m. and before 5 a.m. with a sibling passenger and the permission of the motorist's parent or guardian. The substitute further provides that the previous provision does not apply to the holder of a hardship license or a motorist with a qualified adult companion. The substitute removes provisions from the original which required the underage driver to operate the motor vehicle during these time periods in the same manner as is required for a holder of an instruction permit, unless certain conditions are met.