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