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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and operation of motor vehicles by |
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minors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 1001.055, Education Code [9A,
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Texas Driver and Traffic Safety Education Act (Article 4413(29c),
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Vernon's Texas Civil Statutes)], that states that the person has |
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completed and passed a driver education course approved by the |
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department under Section 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; |
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(4) has submitted to the department written parental |
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or guardian permission: |
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(A) 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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(B) for a school administrator or law enforcement |
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officer to notify the department in the event that the person has |
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been absent from school for at least 20 consecutive instructional |
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days; and |
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(5) has passed the examination required by Section |
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521.161. |
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SECTION 2. Section 521.295(a), Transportation Code, is |
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amended to read as follows: |
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(a) If the department suspends a person's license under |
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Section 521.292 or revokes a person's license under Section 521.294 |
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or 521.2965, the department shall send a notice of suspension or |
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revocation by first class mail to the person's address in the |
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records of the department. |
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SECTION 3. Section 521.296, Transportation Code, is amended |
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to read as follows: |
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Sec. 521.296. NOTICE OF SUSPENSION OR REVOCATION. A notice |
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of suspension under Section 521.292 or revocation under Section |
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521.294 or 521.2965 must state: |
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(1) the reason and statutory grounds for the |
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suspension or revocation; |
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(2) the effective date of the suspension or |
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revocation; |
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(3) the right of the person to a hearing; |
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(4) how to request a hearing; and |
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(5) the period in which the person must request a |
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hearing. |
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SECTION 4. Subchapter N, Chapter 521, Transportation Code, |
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is amended by adding Section 521.2965 to read as follows: |
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Sec. 521.2965. REVOCATION: PERSON UNDER 18 YEARS OF AGE. |
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(a) Unless the person complies with the requirements of Subsection |
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(b), the department shall revoke the license of a person under 18 |
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years of age who is enrolled at a public school, home school, or |
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private school if: |
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(1) the person's parent or guardian notifies the |
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department that the person has been absent from school for at least |
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10 consecutive instructional days; or |
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(2) a school administrator or law enforcement officer |
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notifies the department that the person has been absent from school |
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for at least 20 consecutive instructional days. |
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(b) The department shall notify the person in writing of a |
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truancy report made against the person under Subsection (a). The |
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revocation of a license by the department under this section |
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becomes effective on the 30th day after the date of the notice, |
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unless before that date the person provides to the department |
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information required by the department to demonstrate the person's |
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school attendance. |
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(c) The notice provided to a person under Subsection (b) |
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must: |
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(1) state that the revocation becomes effective on the |
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30th day after the date of the notice; and |
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(2) contain information regarding the procedures and |
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documentation that the person may provide to the department in |
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order to avoid the revocation of the person's license. |
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SECTION 5. Section 545.424, Transportation Code, is amended |
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by amending Subsections (a) and (b) and adding Subsections (a-1) |
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and (b-1) to read as follows: |
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(a) A person under 18 years of age may not operate a motor |
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vehicle while using a wireless communications device, except in |
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case of emergency. |
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(a-1) A person under 18 years of age may not operate a motor |
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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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(1) [(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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(2) [(B)] with more than one passenger in the vehicle |
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under 21 years of age who is not a family member[; 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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(b) A person under 17 years of age who holds a restricted |
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motorcycle license or moped license may not operate a motorcycle or |
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moped while using a wireless communications device, except in case |
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of emergency. |
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(b-1) A person under 17 years of age who holds a restricted |
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motorcycle license or moped license, during the 12-month period |
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following the issuance of an original motorcycle license or moped |
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license to the person, may not operate a motorcycle or moped[:
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[(1)] after midnight and before 5 a.m. unless: |
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(1) [(A)] the person is in sight of the person's parent |
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or guardian; or |
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(2) [(B)] the operation of the vehicle is necessary |
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for 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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SECTION 6. Section 521.271(a-1), Transportation Code, is |
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repealed. |
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SECTION 7. The change in law made by Section 521.204(a), |
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Transportation Code, as amended by this Act, applies only to a |
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license issued on or after the effective date of this Act. |
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SECTION 8. This Act takes effect September 1, 2011. |
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