Amend HB 1255 by striking all below the enacting clause and
substituting the following:
SECTION 1. Section 521.204, Transportation Code, is amended
to read as follows:
Sec. 521.204. RESTRICTIONS ON MINOR. The department may
issue a Class C driver's license to an applicant under 18 years of
age only if the applicant:
(1) is 16 years of age or older;
(2) has submitted to the department a driver education
certificate issued under Section 9A, Texas Driver and Traffic
Safety Education Act (Article 4413(29c), Vernon's Texas Civil
Statutes), that states that the person has completed and passed a
driver education <training> course approved by the department under
Section 521.205 or by the Texas <Central> Education Agency;
(3) has obtained a high school diploma or its
equivalent or is a student:
(A) enrolled in a public school, home school, or
private school who attended school for at least 80 days in the fall
or spring semester preceding the date of the driver's license
application; or
(B) who has been enrolled for at least 45 days,
and is enrolled as of the date of the application, in a program to
prepare persons to pass the high school equivalency exam; and
(4) has passed the examination required by Section
521.161.
SECTION 2. Subchapter J, Chapter 521, Transportation Code,
is amended by adding Section 521.205 to read as follows:
Sec. 521.205. DEPARTMENT-APPROVED COURSES. (a) The
department by rule shall provide for approval of a driver education
course conducted by the parent or legal guardian of a person who is
required to complete a driver education course to obtain a Class C
license. The rules must provide that:
(1) the parent or guardian be a licensed driver;
(2) the student driver spend a minimum number of hours
in:
(A) classroom instruction; and
(B) behind-the-wheel instruction;
(3) the parent or guardian not be convicted of:
(A) criminally negligent homicide; or
(B) driving while intoxicated; and
(4) the parent or guardian not be disabled because of
mental illness.
(b) The department may not approve a course unless it
determines that the course materials are at least equal to those
required in a course approved by the Texas Education Agency, except
that the department may not require that:
(1) the classroom instruction be provided in a room
with particular characteristics or equipment; or
(2) the vehicle used for the behind-the-wheel
instruction have equipment other than the equipment otherwise
required by law for operation of the vehicle on a highway while the
vehicle is not being used for driver training.
(c) The rules must provide a method by which:
(1) approval of a course is obtained; and
(2) an applicant submits proof of completion of the
course.
(d) Completion of a driver education course approved under
this section has the same effect under this chapter as completion
of a driver education course approved by the Texas Education
Agency.
(e) Completion of a driver education course approved under
this section does not affect the requirement that the applicant
pass the examination required by Section 521.161. The department
shall administer the examination to the applicant.
SECTION 3. Section 521.222(a), Transportation Code, is
amended to read as follows:
(a) The department or a driver education school licensed
under the Texas Driver and Traffic Safety Education Act (Article
4413(29c), Vernon's Texas Civil Statutes) may issue an instruction
permit, including a Class A or Class B driver's license instruction
permit, to a person who:
(1) is 15 years of age or older but under 18 years of
age;
(2) has satisfactorily completed and passed the
classroom phase of an approved driver education course, which may
be a course approved under Section 521.205;
(3) meets the requirements imposed under Section
521.204(3) <521.204>; and
(4) has passed each examination required under Section
521.161 other than the driving test.
SECTION 4. Section 521.223(b), Transportation Code, is
amended to read as follows:
(b) An applicant for a license under Subsection (a) must be
15 years of age or older and must:
(1) have passed a driver education <training> course
approved by the department, which may be a course approved under
Section 521.205; and
(2) pass the examination required by Section 521.161.
SECTION 5. (a) In addition to the substantive changes in
law made by this Act, this Act conforms the Transportation Code to
changes in law made by Chapters 1009 and 260, Acts of the 74th
Legislature, Regular Session, 1995.
(b) To the extent of any conflict, this Act prevails over
another Act of the 75th Legislature, Regular Session, 1997,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 6. The change in law made by this Act applies only
to a license issued on or after the effective date of this Act. A
license issued before the effective date of this Act is governed by
the law in effect when the license was issued, and the former law
is continued in effect for that purpose.
SECTION 7. The importance of this legislation and the
crowded condition of the calendars in both houses create an
emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby suspended,
and that this Act take effect and be in force from and after its
passage, and it is so enacted.