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By:  Ogden                                                        S.B. No. 696
	(In the Senate - Filed February 23, 2005; March 2, 2005, 
read first time and referred to Committee on Transportation and 
Homeland Security; May 3, 2005, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 5, Nays 1; 
May 3, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 696                                    By:  Wentworth


A BILL TO BE ENTITLED

AN ACT


relating to testing and examination fee requirements for certain 
provisional license holders.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 521.273, Transportation Code, is amended 
by adding Subsection (c) to read as follows:
	(c)  The department shall require a provisional license 
holder to pass the examination under Section 521.161(b)(2) before 
issuing a renewal driver's license to the holder if the license 
holder:
		(1)  has been convicted of a moving violation; or                      
		(2)  has had the holder's license suspended by the 
department.       
	SECTION 2.  Subsection (a), Section 521.313, Transportation 
Code, is amended to read as follows:
	(a)  A license suspended or revoked under this subchapter may 
not be reinstated or another license issued to the person until:
		(1)  the person pays the department a fee of $100 in 
addition to any other fee required by law; and
		(2)  if the person is a provisional license holder, the 
person has passed the examination under Section 521.161(b)(2).
	SECTION 3.  Subchapter O, Chapter 521, Transportation Code, 
is amended by adding Section 521.351 to read as follows:
	Sec. 521.351.  EXAMINATION FOR REINSTATEMENT OF PROVISIONAL 
LICENSE.  The department shall require a provisional license holder 
to pass the examination under Section 521.161(b)(2) before 
reinstating a provisional license that has been suspended under 
this subchapter.
	SECTION 4.  Subsection (a), Section 521.377, Transportation 
Code, is amended to read as follows:
	(a)  The department, on payment of the applicable fee, shall 
reinstate a person's license or, if the person otherwise qualifies 
for a license, issue the license, if:
		(1)  the department receives notification from the 
clerk of the court in which the person was convicted that the person 
has successfully completed an educational program under this 
subchapter; [and]
		(2)  the person's driver's license has been suspended 
or license application denied for at least the period provided by 
Section 521.372(c); and
		(3)  if the person is a provisional license holder, the 
person has passed the examination under Section 521.161(b)(2).
	SECTION 5.  Section 521.421, Transportation Code, is amended 
by adding Subsections (i) and (j) to read as follows:
	(i)  In addition to the fee in Subsection (c), an applicant 
applying for a renewal or reinstatement of a provisional license 
must pay a $10 examination fee if the applicant takes the 
examination required by Section 521.161(b)(2).
	(j)  The fee collected under Subsection (i) must be deposited 
to the credit of a special account in the general revenue fund and 
may be used only by the department for the administration of this 
chapter.
	SECTION 6.  This Act applies only to an application for the 
renewal or reinstatement of a provisional driver's license 
submitted on or after the effective date of this Act.
	SECTION 7.  This Act takes effect September 1, 2005.                           



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