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A BILL TO BE ENTITLED
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AN ACT
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relating to education and examination requirements for the issuance |
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of a driver's license to certain persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 521.142(d), Transportation Code, is |
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amended to read as follows: |
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(d) If the applicant is under 25 years of age, the |
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application must state whether the applicant has completed a driver |
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education course required by Section 521.1601 [approved by the
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department]. |
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SECTION 2. The heading to Subchapter H, Chapter 521, |
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Transportation Code, is amended to read as follows: |
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SUBCHAPTER H. EDUCATION AND EXAMINATION REQUIREMENTS |
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SECTION 3. Subchapter H, Chapter 521, Transportation Code, |
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is amended by adding Sections 521.1601 and 521.167 to read as |
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follows: |
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Sec. 521.1601. DRIVER EDUCATION REQUIRED. The department |
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may not issue a driver's license to a person who is younger than 25 |
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years of age unless the person submits to the department a driver |
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education certificate issued under Chapter 1001, Education Code, |
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that states that the person has completed and passed: |
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(1) a driver education and traffic safety course |
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approved by the Texas Education Agency under Section 29.902, |
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Education Code, or a driver education course approved by that |
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agency under Section 1001.101(a)(1) of that code or approved by the |
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department under Section 521.205; or |
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(2) if the person is 18 years of age or older, a driver |
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education course approved by the Texas Education Agency under |
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Section 1001.101(a)(1) or (2), Education Code. |
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Sec. 521.167. WAIVER OF CERTAIN EDUCATION AND EXAMINATION |
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REQUIREMENTS. A person who has completed and passed a driver |
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education course approved by the Texas Education Agency under |
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Section 1001.101(a)(2), Education Code, is not required to take the |
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highway sign and traffic law parts of the examination required |
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under Section 521.161 if those parts have been successfully |
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completed as determined by a licensed driver education instructor. |
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SECTION 4. Section 1001.004, Education Code, is amended to |
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read as follows: |
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Sec. 1001.004. COST OF ADMINISTERING CHAPTER. (a) Except |
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as provided by Subsection (b), the [The] cost of administering this |
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chapter shall be included in the state budget allowance for the |
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agency. |
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(b) The commissioner may charge a fee to each driver |
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education school in an amount not to exceed the actual expense |
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incurred in the regulation of driver education courses established |
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under Section 1001.101(a)(2). |
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SECTION 5. Section 1001.055(a), Education Code, is amended |
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to read as follows: |
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(a) The agency shall print and supply to each licensed or |
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exempt driver education school driver education certificates to be |
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used for certifying completion of an approved driver education |
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course to satisfy the requirements of Sections [Section] |
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521.204(a)(2) and 521.1601, Transportation Code. The certificates |
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must be numbered serially. |
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SECTION 6. 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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EDUCATIONAL MATERIALS [TEXTBOOKS]. (a) The commissioner by rule |
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shall establish the curriculum and designate the educational |
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materials [textbooks] to be used in: |
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(1) a driver education course for minors and adults; |
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and |
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(2) a driver education course exclusively for adults. |
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(b) A driver education course under Subsection (a)(2) must: |
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(1) be a six-hour course; and |
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(2) include instruction in: |
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(A) alcohol and drug awareness; |
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(B) the traffic laws of this state; |
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(C) highway signs, signals, and markings that |
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regulate, warn, or direct traffic; and |
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(D) the issues commonly associated with motor |
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vehicle accidents, including poor decision-making, risk taking, |
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impaired driving, distraction, speed, failure to use a safety belt, |
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driving at night, failure to yield the right-of-way, and using a |
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wireless communication device while operating a vehicle. |
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(c) A course approved under Subsection (a)(2) may be offered |
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as an online course. |
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(d) A driving safety course or a drug and alcohol driving |
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awareness program may not be approved as a driver education course |
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under Subsection (a)(2). |
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SECTION 7. The changes in law made by this Act apply to an |
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application for the issuance of a driver's license filed on or after |
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the effective date of this Act. An application for the issuance of |
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a driver's license filed before the effective date of this Act is |
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governed by the law in effect on the date of the filing, and that law |
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is continued in effect for that purpose. |
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SECTION 8. This Act takes effect March 1, 2010. |