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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of a driver's license to a person who is |
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younger than 24 years of age and who has not obtained a high school |
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diploma or its equivalent. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 521.201, Transportation Code, is amended |
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to read as follows: |
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Sec. 521.201. LICENSE INELIGIBILITY IN GENERAL. (a) The |
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department may not issue any license to a person who: |
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(1) is under 15 years of age; |
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(2) is under 18 years of age unless the person complies |
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with the requirements imposed by Section 521.204; |
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(3) is shown to be addicted to the use of alcohol, a |
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controlled substance, or another drug that renders a person |
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incapable of driving; |
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(4) holds a driver's license issued by this state or |
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another state or country that is revoked, canceled, or under |
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suspension; |
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(5) has been determined by a judgment of a court to be |
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totally incapacitated or incapacitated to act as the operator of a |
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motor vehicle unless the person has, by the date of the license |
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application, been: |
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(A) restored to capacity by judicial decree; or |
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(B) released from a hospital for the mentally |
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incapacitated on a certificate by the superintendent or |
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administrator of the hospital that the person has regained |
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capacity; |
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(6) the department determines to be afflicted with a |
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mental or physical disability or disease that prevents the person |
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from exercising reasonable and ordinary control over a motor |
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vehicle while operating the vehicle on a highway, except that a |
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person may not be refused a license because of a physical defect if |
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common experience shows that the defect does not incapacitate a |
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person from safely operating a motor vehicle; |
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(7) has been reported by a court under Section |
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521.3452 for failure to appear unless the court has filed an |
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additional report on final disposition of the case; [or] |
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(8) has been reported by a court for failure to appear |
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or default in payment of a fine for a misdemeanor that is not |
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covered under Subdivision (7) and that is punishable by a fine only, |
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including a misdemeanor under a municipal ordinance, committed by a |
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person who was under 17 years of age at the time of the alleged |
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offense, unless the court has filed an additional report on final |
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disposition of the case; or |
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(9) except as provided by Section 521.207, is younger |
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than 24 years of age and: |
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(A) has not obtained a high school diploma or its |
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equivalent; or |
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(B) is a student: |
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(i) enrolled in a public school or private |
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school, including a home school, who attended school for at least 80 |
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days in the fall or spring semester preceding the date of the |
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driver's license application; or |
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(ii) who has been enrolled for at least 45 |
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days, and is enrolled as of the date of the application, in a |
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program to prepare persons to pass the high school equivalency |
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exam. |
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(b) Subsection (a)(9) does not apply to the renewal of a |
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license issued before January 1, 2012. |
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SECTION 2. Subchapter J, Chapter 521, Transportation Code, |
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is amended by adding Section 521.207 to read as follows: |
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Sec. 521.207. RESTRICTIONS ON CERTAIN PERSONS WITHOUT HIGH |
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SCHOOL DIPLOMA OR EQUIVALENT. (a) The department may issue a |
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restricted license to an applicant who is younger than 24 years of |
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age and who has not obtained a high school diploma or its equivalent |
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that allows the holder to travel between the holder's residence and |
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another place for the purpose of: |
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(1) school; |
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(2) work; |
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(3) any school-sponsored educational or athletic |
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activity; |
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(4) any non-school-sponsored community service or |
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volunteer activity; |
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(5) religious services; |
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(6) essential household duties, including obtaining |
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child care; and |
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(7) obtaining emergency medical care. |
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(b) The department shall adopt rules to implement this |
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section, including: |
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(1) defining types of acceptable documentation of |
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obtaining a high school diploma or its equivalent, including |
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documentation from the applicant's parent or a person standing in |
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parental relation; and |
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(2) designing a license with a marking to indicate the |
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restricted status described by this section. |
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SECTION 3. This Act takes effect January 1, 2012. |