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AN ACT
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relating to driver education and driver's licensing requirements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Less Tears More |
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Years Act. |
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SECTION 2. Section 29.902, Education Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A school district shall consider offering a driver |
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education and traffic safety course during each school year. If the |
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district offers the course, the district may: |
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(1) conduct the course and charge a fee for the course |
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in the amount determined by the agency to be comparable to the fee |
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charged by a driver education school that holds a license under |
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Chapter 1001; or |
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(2) contract with a driver education school that holds |
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a license under Chapter 1001 to conduct the course. |
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SECTION 3. 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 1001.1015. |
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SECTION 4. 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 5. Section 1001.101, Education Code, is amended to |
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read as follows: |
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Sec. 1001.101. ADULT AND MINOR DRIVER EDUCATION COURSE |
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CURRICULUM AND TEXTBOOKS. (a) The commissioner by rule shall |
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establish or approve the curriculum and designate the textbooks to |
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be used in a driver education course for minors and adults, |
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including a driver education course conducted by a school district, |
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driver education school, or parent or other individual under |
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Section 521.205, Transportation Code. |
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(b) A driver education course must require the student to |
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complete: |
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(1) 7 hours of behind-the-wheel instruction in the |
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presence of a person who holds a driver education instructor |
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license or who meets the requirements imposed under Section |
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521.205, Transportation Code; |
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(2) 7 hours of observation instruction in the presence |
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of a person who holds a driver education instructor license or who |
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meets the requirements imposed under Section 521.205, |
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Transportation Code; and |
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(3) 20 hours of behind-the-wheel instruction, |
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including at least 10 hours of instruction that takes place at |
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night, in the presence of an adult who meets the requirements of |
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Section 521.222(d)(2), Transportation Code. |
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SECTION 6. Subchapter C, Chapter 1001, Education Code, is |
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amended by adding Section 1001.1015 to read as follows: |
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Sec. 1001.1015. ADULT DRIVER EDUCATION COURSE CURRICULUM |
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AND EDUCATIONAL MATERIALS. (a) The commissioner by rule shall |
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establish the curriculum and designate the educational materials to |
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be used in a driver education course exclusively for adults. |
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(b) A driver education course under Subsection (a) 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) may be offered as |
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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). |
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SECTION 7. Subchapter C, Chapter 1001, Education Code, is |
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amended by adding Section 1001.110 to read as follows: |
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Sec. 1001.110. INFORMATION RELATING TO DRIVING |
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DISTRACTIONS. (a) The commissioner by rule shall require that |
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information relating to the effect of using a wireless |
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communication device or engaging in other actions that may distract |
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a driver on the safe or effective operation of a motor vehicle be |
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included in the curriculum of each driver education course or |
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driving safety course. |
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(b) In developing rules under this section, the |
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commissioner shall consult with the department. |
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SECTION 8. Subchapter F, Chapter 1001, Education Code, is |
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amended by adding Section 1001.257 to read as follows: |
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Sec. 1001.257. DENIAL OF LICENSE. The commissioner may not |
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issue or renew a driver education instructor license, including a |
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temporary license, to a person who has six or more points assigned |
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to the person's driver's license under Subchapter B, Chapter 708, |
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Transportation Code. |
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SECTION 9. 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 21 [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 10. 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 11. 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 21 |
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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 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 or 1001.1015, 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 1001.1015, 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 12. Section 521.165, Transportation Code, is |
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amended by amending Subsection (c) and adding Subsection (d) to |
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read as follows: |
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(c) Except as provided by Subsection (d), in [In] issuing a |
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driver's license for certain types of vehicles, the director may |
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waive a driving test for an applicant who has successfully |
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completed and passed the training and testing conducted by a person |
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certified under Subsection (a). |
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(d) The director may not waive the driving test required by |
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Section 521.161 for an applicant who is under 18 years of age. |
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SECTION 13. 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 9A, Texas Driver and Traffic |
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Safety Education Act (Article 4413(29c), Vernon's Texas Civil |
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Statutes), that states that the person has completed and passed a |
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driver education course approved by the department under Section |
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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; [and] |
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(4) has submitted to the department written parental |
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or guardian permission 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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(5) has passed the examination required by Section |
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521.161. |
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SECTION 14. Section 521.205(a), Transportation Code, is |
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amended to read as follows: |
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(a) The department by rule shall provide for approval of a |
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driver education course conducted by the parent, stepparent, foster |
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parent, legal guardian, step-grandparent, or grandparent of a |
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person who is required to complete a driver education course to |
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obtain a Class C license. The rules must provide that: |
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(1) the person conducting the course possess a valid |
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license for the preceding three years that [and the license] has not |
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been suspended, revoked, or forfeited in the past three years for an |
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offense that involves the operation of a motor vehicle [traffic
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related violations]; |
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(2) the student driver spend a minimum number of hours |
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in: |
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(A) classroom instruction; and |
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(B) behind-the-wheel instruction; |
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(3) the person conducting the course not be convicted |
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of: |
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(A) criminally negligent homicide; or |
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(B) driving while intoxicated; [and] |
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(4) the person conducting the course not be disabled |
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because of mental illness; and |
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(5) the person conducting the course not have six or |
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more points assigned to the person's driver's license under |
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Subchapter B, Chapter 708, at the time the person begins conducting |
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the course. |
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SECTION 15. Subchapter J, Chapter 521, Transportation Code, |
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is amended by adding Section 521.206 to read as follows: |
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Sec. 521.206. COLLISION RATE STATISTICS PUBLICATION. (a) |
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The department shall collect data regarding collisions of students |
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taught by public schools, driver education schools licensed under |
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Chapter 1001, Education Code, and other entities that offer driver |
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education courses to students for which a uniform certificate of |
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course completion is issued. The collision rate is computed by |
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determining the number of an entity's students who complete a |
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driver education course during a state fiscal year, dividing that |
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number by the number of collisions that involved students who |
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completed such a course and that occurred in the 12-month period |
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following their licensure, and expressing the quotient as a |
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percentage. |
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(b) The department shall collect data regarding the |
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collision rate of students taught by course instructors approved |
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under Section 521.205. The collision rate is computed by |
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determining the number of students who completed a course approved |
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under Section 521.205 during a state fiscal year, dividing that |
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number by the number of collisions that involved students who |
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completed such a course and that occurred in the 12-month period |
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following their licensure, and expressing the quotient as a |
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percentage. |
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(c) Not later than October 1 of each year, the department |
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shall issue a publication listing the collision rate for students |
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taught by each driver education entity and the collision rate for |
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students taught by a course instructor approved under Section |
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521.205, noting the severity of collisions involving students of |
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each entity and each type of course. |
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SECTION 16. Section 521.271, Transportation Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) Each original driver's license and provisional license |
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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 earlier of:
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[(A)] the 18th birthday of the license holder[;
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or
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[(B)
the first birthday of the license holder
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occurring after the date of the application]; |
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(3) an instruction permit expires on the 18th birthday |
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of the license holder [second birthday of the license holder
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occurring after the date of the application]; and |
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(4) an occupational license expires on the first |
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anniversary of the court order granting the license. |
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(a-1) The department and the Texas Education Agency shall |
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enter into a memorandum of understanding under which the department |
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may access the agency's electronic enrollment records to verify a |
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student's enrollment in a public school. The memorandum of |
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understanding must specify that the department may only access |
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information necessary to verify the identity and enrollment status |
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of a license renewal applicant and only if a parent or guardian of |
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the applicant has provided written permission for the department to |
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access that information. Nothing in this subsection may be |
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construed to allow the release of information in violation of the |
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Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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Section 1232g). |
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SECTION 17. Section 521.421(c), Transportation Code, is |
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amended to read as follows: |
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(c) The fee for issuance [or renewal] of a provisional |
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license or instruction permit is $15 [$5]. |
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SECTION 18. Section 545.424, Transportation Code, is |
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amended by amending Subsections (a), (b), and (c) and adding |
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Subsection (f) to read as follows: |
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(a) A person under 18 years of age[, during the six-month
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period following issuance of an original Class A, B, or C driver's
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license to the person,] may not operate a motor 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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(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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(B) [(2)] with more than one passenger in the |
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vehicle under 21 years of age who is not a family member; or |
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(2) [(3)] while using a wireless communications |
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device, 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, during the 12-month |
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[six-month] period following the issuance of an original motorcycle |
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license or moped license to the person, may not operate a motorcycle |
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or moped: |
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(1) after midnight and before 5 a.m. unless: |
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(A) the person is in sight of the person's parent |
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or guardian; or |
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(B) the operation of the vehicle is necessary for |
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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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(c) This section does not apply to: |
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(1) the holder of a hardship license; [or] |
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(2) 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 an instruction permit; or |
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(3) 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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(f) In this section, "wireless communication device" means |
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a handheld or hands-free device that uses commercial mobile |
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service, as defined by 47 U.S.C. Section 332. |
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SECTION 19. (a) For the purpose of compiling data for the |
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publication required by Section 521.206, Transportation Code, as |
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added by this Act, the Texas Department of Public Safety shall |
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determine the number of minor students taught by each driver |
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education entity and the total number of minor students taught by |
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courses approved under Section 521.205, Transportation Code, who |
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become licensed during the state fiscal year beginning September 1, |
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2009, and ending August 31, 2010. |
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(b) The first publication of collision rate data compiled |
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under Section 521.206, Transportation Code, as added by this Act, |
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shall be issued not later than October 1, 2011. |
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SECTION 20. Not later than November 30, 2009, the Texas |
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Department of Public Safety shall appoint a task force to review and |
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make recommendations regarding the effectiveness of the materials |
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provided by the Texas Education Agency for use in courses licensed |
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under Chapter 1001, Education Code, or authorized by Section |
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521.205. The task force shall consist of the following members: |
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(1) a representative of the Texas Department of Public |
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Safety; |
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(2) a representative of the Texas Education Agency; |
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(3) a commercial provider of driver education courses; |
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(4) a member of an interested group or association, as |
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determined by the department; and |
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(5) other appropriate members, as determined by the |
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department. |
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SECTION 21. (a) Section 29.902(c), Education Code, as |
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added by this Act, applies beginning with the 2010-2011 school |
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year. |
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(b) Not later than January 1, 2010, the commissioner of |
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education shall adopt rules as required by Section 1001.101, |
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Education Code, as amended by this Act. |
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(c) Each driver education and training program approved by |
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the Texas Education Agency under Chapter 1001, Education Code, must |
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comply with the curriculum requirements of Section 1001.101, |
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Education Code, as amended by this Act, not later than May 1, 2010. |
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(d) Section 521.165, Transportation Code, as amended by |
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this Act, applies only to an application for a driver's license |
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submitted on or after the effective date of this Act. An |
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application for a driver's license submitted before the effective |
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date of this Act is subject to the law in effect on the date the |
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application was submitted, and that law is continued in effect for |
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that purpose. |
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(e) The changes in law made by this Act to Section 521.205, |
|
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Transportation Code, apply to a course approved under that section |
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that begins on or after the effective date of this Act. A course |
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beginning before the effective date of this Act is governed by the |
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law in effect on the date the course was commenced, and that law is |
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continued in effect for that purpose. |
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(f) The changes in law made by this Act to Sections 521.271, |
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521.421, and 545.424, Transportation Code, apply only to a person |
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issued a driver's license on or after the effective date of this |
|
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Act. A person issued a driver's license before the effective date |
|
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of this Act is governed by the law in effect on the date the license |
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was issued, and that law is continued in effect for that purpose. |
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SECTION 22. As soon as practicable after the effective date |
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of this Act, the commissioner of education shall adopt the rules |
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required by Section 1001.110, Education Code, as added by this Act. |
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SECTION 23. The changes in law made by Section 521.142, |
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Transportation Code, as amended by this Act, and Sections 521.1601 |
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and 521.167, Transportation Code, as added 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 24. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 339 was passed by the House on May 6, |
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2009, by the following vote: Yeas 139, Nays 4, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 339 on May 29, 2009, by the following vote: Yeas 142, Nays 0, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 339 was passed by the Senate, with |
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amendments, on May 25, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |