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79R3743 SLO-D

By:  Miller                                                       H.B. No. 643



A BILL TO BE ENTITLED

AN ACT

relating to the issuance of a driver's license to a person who is 
under 18 years of age.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 521.003, Transportation Code, is amended 
to read as follows:
	Sec. 521.003.  ENROLLMENT, [AND] ATTENDANCE, AND GRADE POINT 
AVERAGE VERIFICATION.  The Texas Education Agency shall design a 
standard form for use by public and private schools to verify a 
student's enrollment, [and] attendance, and grade point average for 
purposes of this chapter.  The form must be approved by the 
department.
	SECTION 2.  Section 521.204(a), Transportation Code, is 
amended to read as follows:
	(a)  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 1001.055, Education Code [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 course approved by the 
department under Section 521.205 or by the Texas 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:
				(i)  attended school for at least 80 days in 
the fall or spring semester preceding the date of the driver's 
license application; and
				(ii)  if the school that the student attends 
issues grades, has a cumulative grade point average of at least a 
2.0 on a four-point scale or the equivalent; 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 3.  (a)  Not later than November 1, 2005, the Texas 
Education Agency shall revise and submit to the Department of 
Public Safety for approval the standard form for use by public and 
private schools as required by Section 521.003, Transportation 
Code, as amended by this Act.
	(b)  Section 521.204, Transportation Code, as amended by 
this Act, applies only to issuance of a driver's license on the 
basis of an application submitted on or after January 1, 2006.  
Issuance of a driver's license on the basis of an application 
submitted before January 1, 2006, is governed by the law in effect 
at the time the application is submitted, and that law is continued 
in effect for that purpose.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.