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A BILL TO BE ENTITLED
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AN ACT
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relating to driver's and learner licenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 521.001(a)(3), Transportation Code, is |
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amended to read as follows: |
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(3) "Driver's license" means an authorization issued |
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by the department for the operation of a motor vehicle. The term |
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includes: |
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(A) a temporary license or learner license |
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[instruction permit]; and |
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(B) an occupational license. |
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SECTION 2. Section 521.0475(a), Transportation Code, is |
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amended to read as follows: |
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(a) Except as provided by Subsection (b) [or (c)], the |
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department shall provide a certified abstract of a complete driving |
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record of a license holder, for a fee of $20, to the license holder |
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or a person eligible to receive the information under Sections |
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730.007(a)(2)(A), (D), and (I). |
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SECTION 3. Sections 521.050(a) and (c), Transportation |
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Code, are amended to read as follows: |
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(a) In addition to the provisions of this subchapter |
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relating to the disclosure of driver's license information on an |
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individual, the department may provide a purchaser, in a format |
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prescribed by the department and acceptable to the purchaser, [with
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a magnetic tape of] the names, addresses, and dates of birth of all |
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license holders that are contained in the department's basic |
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driver's license record file if the purchaser certifies in writing |
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that the purchaser is eligible to receive the information under |
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Chapter 730. |
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(c) The department shall impose and collect a fee of: |
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(1) $2,000 for the initial driver's license |
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information provided [each magnetic tape provided] under |
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Subsection (a); and |
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(2) if the department provides a weekly update of the |
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information [on the tape], $75 for each update. |
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SECTION 4. Section 521.121(a), Transportation Code, is |
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amended to read as follows: |
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(a) The driver's license must include: |
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(1) a distinguishing number assigned by the department |
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to the license holder; |
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(2) a [color] photograph of the entire face of the |
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holder; |
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(3) the full name and date of birth of the holder; |
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(4) a brief description of the holder; and |
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(5) the license holder's residence address or, for a |
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license holder using the procedure under Subsection (c), the street |
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address of the courthouse in which the license holder or license |
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holder's spouse serves as a federal judge or state judge. |
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SECTION 5. Sections 521.1211(a) and (b), Transportation |
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Code, are amended to read as follows: |
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(a) In this section, "peace officer" has the meaning |
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assigned by Article 2.12, Code of Criminal Procedure, except that |
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the term includes a special investigator as defined by Article |
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2.122, Code of Criminal Procedure. |
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(b) Notwithstanding Section 521.121(a), the department by |
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rule shall adopt procedures for the issuance of a driver's license |
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to a peace officer that omits the license holder's actual residence |
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address and includes, as an alternative, an address that is [in the
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municipality or county of the peace officer's residence and is] |
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acceptable to the department and is in the: |
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(1) municipality or county of the peace officer's |
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residence; or |
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(2) county of the peace officer's place of employment. |
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SECTION 6. Section 521.204(b), Transportation Code, is |
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amended to read as follows: |
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(b) The department may not issue a Class A, B, or C driver's |
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license other than a hardship license to an applicant under 18 years |
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of age unless the applicant has held a learner license [an
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instruction permit] or hardship license for at least six months |
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preceding the date of the application. |
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SECTION 7. The heading to Section 521.222, Transportation |
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Code, is amended to read as follows: |
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Sec. 521.222. LEARNER LICENSE [INSTRUCTION PERMIT]. |
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SECTION 8. Sections 521.222(d), (f), and (g), |
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Transportation Code, are amended to read as follows: |
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(d) A learner license [An instruction permit] entitles the |
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holder to operate a type of motor vehicle on a highway while: |
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(1) the license [permit] is in the holder's |
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possession; and |
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(2) the holder is accompanied by a person occupying |
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the seat by the operator who: |
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(A) holds a license that qualifies the operator |
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to operate that type of vehicle; |
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(B) is 21 years of age or older; and |
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(C) has at least one year of driving experience. |
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(f) The department may issue a learner license [an
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instruction permit] under this section to a person who is subject to |
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the registration requirements under Chapter 62, Code of Criminal |
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Procedure, and is otherwise eligible for the license [permit]. A |
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learner license [An instruction permit] issued under this |
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subsection must include a photograph of the person. |
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(g) A person who occupies the seat in a vehicle by a holder |
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of a learner license [an instruction permit] commits an offense if, |
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while the holder is operating the vehicle, the person: |
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(1) sleeps; |
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(2) is intoxicated, as defined by Section 49.01, Penal |
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Code; or |
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(3) is engaged in an activity that prevents the person |
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from observing and responding to the actions of the operator. |
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SECTION 9. Sections 521.271(a) and (a-3), Transportation |
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Code, are amended to read as follows: |
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(a) Each original driver's license, provisional license, |
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learner license [instruction permit], or occupational driver's |
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license issued to an applicant who is a citizen, national, or legal |
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permanent resident of the United States or a refugee or asylee |
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lawfully admitted into the United States 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 18th |
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birthday of the license holder; |
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(3) a learner license [an instruction permit] expires |
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on the 18th birthday of the license holder; |
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(4) an occupational driver's license expires on the |
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first anniversary of the court order granting the license; and |
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(5) unless an earlier date is otherwise provided, a |
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driver's license issued to a person whose residence or domicile is a |
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correctional facility or a parole facility expires on the first |
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birthday of the license holder occurring after the first |
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anniversary of the date of issuance. |
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(a-3) Each original provisional license or learner license |
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[instruction permit] issued to an applicant who is not a citizen, |
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national, or legal permanent resident of the United States or a |
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refugee or asylee lawfully admitted into the United States expires |
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on the earliest of: |
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(1) the 18th birthday of the license holder; |
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(2) the first birthday of the license holder occurring |
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after the date of the application; or |
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(3) the expiration of the license holder's lawful |
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presence in the United States as determined by the United States |
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agency responsible for citizenship and immigration in compliance |
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with federal law. |
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SECTION 10. Section 521.272(d), Transportation Code, is |
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amended to read as follows: |
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(d) Subsection (c) does not apply to a: |
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(1) [a] provisional license; |
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(2) learner license [an instruction permit] issued |
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under Section 521.222; or |
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(3) [a] hardship license issued under Section 521.223. |
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SECTION 11. Section 521.3451, Transportation Code, is |
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amended to read as follows: |
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Sec. 521.3451. SUSPENSION OR DENIAL ON ORDER OF JUSTICE OR |
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MUNICIPAL COURT FOR CONTEMPT OF COURT; REINSTATEMENT. (a) The |
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department shall suspend or deny the issuance of a driver's license |
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or learner license [instruction permit] on receipt of an order to |
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suspend or deny the issuance of either [the] license [or permit] |
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from a justice or municipal court under Article 45.050, Code of |
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Criminal Procedure. |
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(b) The department shall reinstate a license [or permit] |
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suspended or reconsider a license [or permit] denied under |
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Subsection (a) on receiving notice from the justice or municipal |
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court that ordered the suspension or denial that the contemnor has |
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fully complied with the court's order. |
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SECTION 12. Sections 521.421(c) and (h), Transportation |
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Code, are amended to read as follows: |
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(c) The fee for issuance of a provisional license or learner |
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license [instruction permit] is $15. |
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(h) The fee for issuance or renewal of a driver's license, a |
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provisional license, a learner license [an instruction permit], or |
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a hardship license issued to a person subject to the registration |
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requirements under Chapter 62, Code of Criminal Procedure, is $20. |
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SECTION 13. Section 545.424(c), Transportation Code, is |
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amended to read as follows: |
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(c) This section does not apply to: |
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(1) 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 a learner license [an instruction permit]; or |
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(2) 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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SECTION 14. Sections 521.0475(c) and 521.222(b), (c), and |
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(e), Transportation Code, are repealed. |
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SECTION 15. The changes in law made by this Act to Sections |
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521.121 and 521.1211, Transportation Code, apply only to a driver's |
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license issued or renewed on or after the effective date of this |
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Act. A driver's license issued or renewed before the effective date |
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of this Act is governed by the law in effect when the license was |
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issued, and the former law is continued in effect for that purpose. |
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SECTION 16. This Act takes effect September 1, 2017. |