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A BILL TO BE ENTITLED
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AN ACT
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relating to driver education and driver's licensing requirements |
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for minors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Less Tears More |
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Years Act. |
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SECTION 2. Section 29.902, Education Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A school district shall consider offering a driver |
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education and traffic safety course during each school year. If the |
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district offers the course, the district may: |
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(1) conduct the course and charge a fee for the course |
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in the amount determined by the agency to be comparable to the fee |
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charged by a driver education school that holds a license under |
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Chapter 1001; or |
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(2) contract with a driver education school that holds |
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a license under Chapter 1001 to conduct the course. |
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SECTION 3. Section 1001.101, Education Code, is amended to |
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read as follows: |
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Sec. 1001.101. DRIVER EDUCATION COURSE CURRICULUM AND |
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TEXTBOOKS. (a) The commissioner by rule shall establish or approve |
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the curriculum and designate the textbooks to be used in a driver |
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education course, including a driver education course conducted by |
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a school district, driver education school, or parent or other |
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individual under Section 521.205, Transportation Code. |
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(b) A driver education course must require the student to |
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complete: |
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(1) 7 hours of behind-the-wheel instruction in the |
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presence of a person who holds a driver education instructor |
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license or who meets the requirements imposed under Section |
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521.205, Transportation Code; |
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(2) 7 hours of observation instruction in the presence |
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of a person who holds a driver education instructor license or who |
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meets the requirements imposed under Section 521.205, |
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Transportation Code; and |
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(3) 20 hours of behind-the-wheel instruction, |
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including at least 10 hours of instruction that takes place at |
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night, in the presence of an adult who meets the requirements of |
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Section 521.222(d)(2), Transportation Code. |
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SECTION 4. Subchapter F, Chapter 1001, Education Code, is |
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amended by adding Section 1001.257 to read as follows: |
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Sec. 1001.257. DENIAL OF LICENSE. The commissioner may not |
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issue or renew a driver education instructor license, including a |
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temporary license, to a person who has six or more points assigned |
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to the person's driver's license under Subchapter B, Chapter 708, |
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Transportation Code. |
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SECTION 5. Section 521.165, Transportation Code, is amended |
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by amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) Except as provided by Subsection (d), in [In] issuing a |
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driver's license for certain types of vehicles, the director may |
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waive a driving test for an applicant who has successfully |
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completed and passed the training and testing conducted by a person |
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certified under Subsection (a). |
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(d) The director may not waive the driving test required by |
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Section 521.161 for an applicant who is under 18 years of age. |
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SECTION 6. Section 521.204(a), Transportation Code, is |
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amended to read as follows: |
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(a) The department may issue a Class C driver's license to |
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an applicant under 18 years of age only if the applicant: |
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(1) is 16 years of age or older; |
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(2) has submitted to the department a driver education |
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certificate issued under Section 9A, Texas Driver and Traffic |
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Safety Education Act (Article 4413(29c), Vernon's Texas Civil |
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Statutes), that states that the person has completed and passed a |
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driver education course approved by the department under Section |
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521.205 or by the Texas Education Agency; |
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(3) has obtained a high school diploma or its |
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equivalent or is a student: |
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(A) enrolled in a public school, home school, or |
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private school who attended school for at least 80 days in the fall |
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or spring semester preceding the date of the driver's license |
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application; or |
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(B) who has been enrolled for at least 45 days, |
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and is enrolled as of the date of the application, in a program to |
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prepare persons to pass the high school equivalency exam; [and] |
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(4) has submitted to the department written parental |
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or guardian permission for the department to access the applicant's |
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school enrollment records maintained by the Texas Education Agency; |
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and |
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(5) has passed the examination required by Section |
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521.161. |
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SECTION 7. Section 521.205(a), Transportation Code, is |
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amended to read as follows: |
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(a) The department by rule shall provide for approval of a |
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driver education course conducted by the parent, stepparent, foster |
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parent, legal guardian, step-grandparent, or grandparent of a |
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person who is required to complete a driver education course to |
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obtain a Class C license. The rules must provide that: |
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(1) the person conducting the course possess a valid |
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license for the preceding three years that [and the license] has not |
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been suspended, revoked, or forfeited in the past three years for an |
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offense that involves the operation of a motor vehicle [traffic
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related violations]; |
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(2) the student driver spend a minimum number of hours |
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in: |
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(A) classroom instruction; and |
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(B) behind-the-wheel instruction; |
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(3) the person conducting the course not be convicted |
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of: |
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(A) criminally negligent homicide; or |
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(B) driving while intoxicated; [and] |
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(4) the person conducting the course not be disabled |
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because of mental illness; and |
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(5) the person conducting the course not have six or |
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more points assigned to the person's driver's license under |
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Subchapter B, Chapter 708, at the time the person begins conducting |
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the course. |
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SECTION 8. Subchapter J, Chapter 521, Transportation Code, |
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is amended by adding Section 521.206 to read as follows: |
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Sec. 521.206. COLLISION RATE STATISTICS PUBLICATION. (a) |
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The department shall collect data regarding collisions of students |
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taught by public schools, driver education schools licensed under |
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Chapter 1001, Education Code, and other entities that offer driver |
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education courses to students for which a uniform certificate of |
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course completion is issued. The collision rate is computed by |
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determining the number of an entity's students who complete a |
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driver education course during a state fiscal year, dividing that |
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number by the number of collisions that involved students who |
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completed such a course and that occurred in the 12-month period |
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following their licensure, and expressing the quotient as a |
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percentage. |
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(b) The department shall collect data regarding the |
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collision rate of students taught by course instructors approved |
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under Section 521.205. The collision rate is computed by |
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determining the number of students who completed a course approved |
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under Section 521.205 during a state fiscal year, dividing that |
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number by the number of collisions that involved students who |
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completed such a course and that occurred in the 12-month period |
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following their licensure, and expressing the quotient as a |
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percentage. |
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(c) Not later than October 1 of each year, the department |
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shall issue a publication listing the collision rate for students |
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taught by each driver education entity and the collision rate for |
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students taught by a course instructor approved under Section |
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521.205, noting the severity of collisions involving students of |
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each entity and each type of course. |
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SECTION 9. Section 521.271, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Each original driver's license and provisional license |
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expires as follows: |
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(1) except as provided by Section 521.2711, a driver's |
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license expires on the first birthday of the license holder |
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occurring after the sixth anniversary of the date of the |
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application; |
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(2) a provisional license expires on [the earlier of:
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[(A)] the 18th birthday of the license holder[;
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or
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[(B)
the first birthday of the license holder
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occurring after the date of the application]; |
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(3) an instruction permit expires on the 18th birthday |
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of the license holder [second birthday of the license holder
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occurring after the date of the application]; and |
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(4) an occupational license expires on the first |
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anniversary of the court order granting the license. |
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(a-1) The department and the Texas Education Agency shall |
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enter into a memorandum of understanding under which the department |
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may access the agency's electronic enrollment records to verify a |
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student's enrollment in a public school. The memorandum of |
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understanding must specify that the department may only access |
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information necessary to verify the identity and enrollment status |
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of a license renewal applicant and only if a parent or guardian of |
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the applicant has provided written permission for the department to |
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access that information. Nothing in this subsection may be |
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construed to allow the release of information in violation of the |
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Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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Section 1232g). |
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SECTION 10. Section 521.421(c), Transportation Code, is |
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amended to read as follows: |
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(c) The fee for issuance [or renewal] of a provisional |
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license or instruction permit is $15 [$5]. |
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SECTION 11. Section 543.204, Transportation Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) A justice of the peace or municipal judge may not |
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submit a written record of a conviction under Section 545.424. |
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SECTION 12. Section 545.424, Transportation Code, is |
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amended by amending Subsections (a), (b), and (c) and adding |
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Subsection (f) to read as follows: |
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(a) A person under 18 years of age[, during the six-month
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period following issuance of an original Class A, B, or C driver's
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license to the person,] may not operate a motor vehicle: |
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(1) during the 12-month period following issuance of |
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an original Class A, B, or C driver's license to the person: |
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(A) after midnight and before 5 a.m. unless the |
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operation of the vehicle is necessary for the operator to attend or |
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participate in employment or a school-related activity or because |
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of a medical emergency; or |
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(B) [(2)] with more than one passenger in the |
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vehicle under 21 years of age who is not a family member; or |
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(2) [(3)] while using a wireless communications |
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device, except in case of emergency. |
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(b) A person under 17 years of age who holds a restricted |
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motorcycle license or moped license, during the 12-month |
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[six-month] period following the issuance of an original motorcycle |
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license or moped license to the person, may not operate a motorcycle |
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or moped: |
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(1) after midnight and before 5 a.m. unless: |
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(A) the person is in sight of the person's parent |
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or guardian; or |
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(B) the operation of the vehicle is necessary for |
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the operator to attend or participate in employment or a |
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school-related activity or because of a medical emergency; or |
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(2) while using a wireless communications device, |
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except in case of emergency. |
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(c) This section does not apply to: |
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(1) the holder of a hardship license; [or] |
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(2) a person operating a motor vehicle while |
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accompanied in the manner required by Section 521.222(d)(2) for the |
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holder of an instruction permit; or |
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(3) a person licensed by the Federal Communications |
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Commission to operate a wireless communication device or a radio |
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frequency device. |
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(f) In this section, "wireless communication device" means |
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a handheld or hands-free device that uses commercial mobile |
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service, as defined by 47 U.S.C. Section 332. |
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SECTION 13. (a) For the purpose of compiling data for the |
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publication required by Section 521.206, Transportation Code, as |
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added by this Act, the Texas Department of Public Safety shall |
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determine the number of minor students taught by each driver |
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education entity and the total number of minor students taught by |
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courses approved under Section 521.205, Transportation Code, who |
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become licensed during the state fiscal year beginning September 1, |
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2009, and ending August 31, 2010. |
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(b) The first publication of collision rate data compiled |
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under Section 521.206, Transportation Code, as added by this Act, |
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shall be issued not later than October 1, 2011. |
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SECTION 14. Not later than November 30, 2009, the Texas |
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Department of Public Safety shall appoint a task force to review and |
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make recommendations regarding the effectiveness of the materials |
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provided by the Texas Education Agency for use in courses licensed |
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under Chapter 1001, Education Code, or authorized by Section |
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521.205. The task force shall consist of the following members: |
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(1) a representative of the Texas Department of Public |
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Safety; |
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(2) a representative of the Texas Education Agency; |
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(3) a commercial provider of driver education courses; |
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(4) a member of an interested group or association, as |
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determined by the department; and |
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(5) other appropriate members, as determined by the |
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department. |
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SECTION 15. (a) Section 29.902(c), Education Code, as |
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added by this Act, applies beginning with the 2010-2011 school |
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year. |
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(b) Not later than January 1, 2010, the commissioner of |
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education shall adopt rules as required by Section 1001.101, |
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Education Code, as amended by this Act. |
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(c) Each driver education and training program approved by |
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the Texas Education Agency under Chapter 1001, Education Code, must |
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comply with the curriculum requirements of Section 1001.101, |
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Education Code, as amended by this Act, not later than May 1, 2010. |
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(d) Section 521.165, Transportation Code, as amended by |
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this Act, applies only to an application for a driver's license |
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submitted on or after the effective date of this Act. An |
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application for a driver's license submitted before the effective |
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date of this Act is subject to the law in effect on the date the |
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application was submitted, and that law is continued in effect for |
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that purpose. |
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(e) The changes in law made by this Act to Section 521.205, |
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Transportation Code, apply to a course approved under that section |
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that begins on or after the effective date of this Act. A course |
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beginning before the effective date of this Act is governed by the |
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law in effect on the date the course was commenced, and that law is |
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continued in effect for that purpose. |
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(f) The changes in law made by this Act to Sections 521.271, |
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521.421, and 545.424, Transportation Code, apply only to a person |
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issued a driver's license on or after the effective date of this |
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Act. A person issued a driver's license before the effective date |
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of this Act is governed by the law in effect on the date the license |
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was issued, and that law is continued in effect for that purpose. |
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SECTION 16. This Act takes effect September 1, 2009. |