By Oakley H.B. No. 1255
75R4061 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a driver education course conducted by a parent or
1-3 guardian of the student driver.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 521.204, Transportation Code, is amended
1-6 to conform to Section 25, Chapter 1009, Acts of the 74th
1-7 Legislature, Regular Session, 1995, and to Section 80, Chapter 260,
1-8 Acts of the 74th Legislature, Regular Session, 1995, and further
1-9 amended to read as follows:
1-10 Sec. 521.204. RESTRICTIONS ON MINOR. The department may
1-11 issue a Class C driver's license to an applicant under 18 years of
1-12 age only if the applicant:
1-13 (1) is 16 years of age or older;
1-14 (2) has submitted to the department a driver education
1-15 certificate issued under Section 9A, Texas Driver and Traffic
1-16 Safety Education Act (Article 4413(29c), Vernon's Texas Civil
1-17 Statutes), that states that the person has completed and passed a
1-18 driver education course approved by the [department under Section
1-19 521.205 or by the] Texas Education Agency;
1-20 (3) has obtained a high school diploma or its
1-21 equivalent or is a student:
1-22 (A) enrolled in a public school, home school, or
1-23 private school who attended school for at least 80 days in the fall
1-24 or spring semester preceding the date of the driver's license
2-1 application; or
2-2 (B) who has been enrolled for at least 45 days,
2-3 and is enrolled as of the date of the application, in a program to
2-4 prepare persons to pass the high school equivalency exam; and
2-5 (4) has passed the examination required by Section
2-6 521.161.
2-7 SECTION 2. Subchapter J, Chapter 521, Transportation Code,
2-8 is amended to conform to Section 30, Chapter 1009, Acts of the 74th
2-9 Legislature, Regular Session, 1995, by adding Section 521.205,
2-10 which is amended to read as follows:
2-11 Sec. 521.205. DEPARTMENT-APPROVED COURSES. [(a)] The
2-12 department may not [by rule shall] provide for approval of a driver
2-13 education course conducted by the parent or legal guardian of a
2-14 person who is required to complete a driver education course to
2-15 obtain a Class C license. [The rules must provide that:]
2-16 [(1) the parent or guardian be a licensed driver;]
2-17 [(2) the student driver spend a minimum number of
2-18 hours in:]
2-19 [(A) classroom instruction; and]
2-20 [(B) behind-the-wheel instruction;]
2-21 [(3) the parent or guardian not be convicted of:]
2-22 [(A) criminally negligent homicide; or]
2-23 [(B) driving while intoxicated; and]
2-24 [(4) the parent or guardian not be disabled because of
2-25 mental illness.]
2-26 [(b) The department may not approve a course unless it
2-27 determines that the course materials are at least equal to those
3-1 required in a course approved by the Texas Education Agency, except
3-2 that the department may not require that:]
3-3 [(1) the classroom instruction be provided in a room
3-4 with particular characteristics or equipment; or]
3-5 [(2) the vehicle used for the behind-the-wheel
3-6 instruction have equipment other than the equipment otherwise
3-7 required by law for operation of the vehicle on a highway while the
3-8 vehicle is not being used for driver training.]
3-9 [(c) The rules must provide a method by which:]
3-10 [(1) approval of a course is obtained; and]
3-11 [(2) an applicant submits proof of completion of the
3-12 course.]
3-13 [(d) Completion of a driver education course approved under
3-14 this section has the same effect under this chapter as completion
3-15 of a driver education course approved by the Texas Education
3-16 Agency.]
3-17 SECTION 3. Section 521.222(a), Transportation Code, is
3-18 amended to conform to Section 27, Chapter 1009, Acts of the 74th
3-19 Legislature, Regular Session, 1995, and further amended to read as
3-20 follows:
3-21 (a) The department or a driver education school licensed
3-22 under the Texas Driver and Traffic Safety Education Act (Article
3-23 4413(29c), Vernon's Texas Civil Statutes) may issue an instruction
3-24 permit, including a Class A or Class B driver's license instruction
3-25 permit, to a person who:
3-26 (1) is 15 years of age or older but under 18 years of
3-27 age;
4-1 (2) has satisfactorily completed and passed the
4-2 classroom phase of an approved driver education course[, which may
4-3 be a course approved under Section 521.205];
4-4 (3) meets the requirements imposed under Section
4-5 521.204(3); and
4-6 (4) has passed each examination required under Section
4-7 521.161 other than the driving test.
4-8 SECTION 4. Section 521.223(b), Transportation Code, is
4-9 amended to conform to Section 31, Chapter 1009, Acts of the 74th
4-10 Legislature, Regular Session, 1995, and further amended to read as
4-11 follows:
4-12 (b) An applicant for a license under Subsection (a) must be
4-13 15 years of age or older and must:
4-14 (1) have passed a driver education course approved by
4-15 the department[, which may be a course approved under Section
4-16 521.205]; and
4-17 (2) pass the examination required by Section 521.161.
4-18 SECTION 5. In addition to the substantive changes in law
4-19 made by this Act, this Act conforms the Transportation Code to
4-20 changes in law made by Chapters 1009 and 260, Acts of the 74th
4-21 Legislature, Regular Session, 1995.
4-22 SECTION 6. On or after the effective date of this Act, rules
4-23 adopted by the Department of Public Safety providing for approval
4-24 of a driver education course conducted by the parent or legal
4-25 guardian of a person who is required to complete a driver education
4-26 course to obtain a Class C driver's license have no effect.
4-27 SECTION 7. The change in law made by this Act applies only
5-1 to a license issued on or after the effective date of this Act. A
5-2 license issued before the effective date of this Act is governed by
5-3 the law in effect when the license was issued, and the former law
5-4 is continued in effect for that purpose.
5-5 SECTION 8. The importance of this legislation and the
5-6 crowded condition of the calendars in both houses create an
5-7 emergency and an imperative public necessity that the
5-8 constitutional rule requiring bills to be read on three several
5-9 days in each house be suspended, and this rule is hereby suspended,
5-10 and that this Act take effect and be in force from and after its
5-11 passage, and it is so enacted.