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AN ACT
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relating to requirements for a driver education course, the |
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eligibility of persons under 18 years of age to operate a motor |
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vehicle, and the administration of certain driver's license |
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examinations by home-taught driver education course providers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1001.101, Education Code, as amended by |
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Chapters 1253 (H.B. 339) and 1413 (S.B. 1317), Acts of the 81st |
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Legislature, Regular Session, 2009, is reenacted and 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) 30 [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 2. The heading to Section 521.1655, Transportation |
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Code, is amended to read as follows: |
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Sec. 521.1655. TESTING BY DRIVER EDUCATION SCHOOL AND |
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CERTAIN DRIVER EDUCATION COURSE PROVIDERS. |
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SECTION 3. Section 521.1655, Transportation Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) A driver education course provider approved under |
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Section 521.205 may administer to a student of that course the |
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highway sign and traffic law parts of the examination required by |
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Section 521.161. |
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SECTION 4. Section 521.205(c), Transportation Code, is |
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amended to read as follows: |
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(c) The rules must provide a method by which: |
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(1) approval of a course is obtained; |
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(2) an applicant submits proof of completion of the |
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course; [and] |
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(3) approval for delivering course materials by an |
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alternative method, including electronic means, is obtained; |
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(4) a provider of a course approved under this section |
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may administer to an applicant the highway sign and traffic law |
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parts of the examination as provided by Section 521.1655(a-1) |
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through electronic means; and |
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(5) an applicant submits proof of passage of an |
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examination administered under Subdivision (4). |
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SECTION 5. Section 545.424(a-1), Transportation Code, is |
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amended to read as follows: |
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(a-1) A person under 18 years of age may not operate a motor |
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vehicle [during the 12-month period following issuance of an
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original Class A, B, or C driver's license to the person]: |
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(1) 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) with more than one passenger in the vehicle under |
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21 years of age who is not a family member. |
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SECTION 6. The change in law made by Section 1001.101(b), |
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Education Code, as amended by this Act, applies only to a driver |
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education course that begins on or after the effective date of this |
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Act. A course that begins before the effective date of this Act is |
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governed by the law in effect on the date the course began, and that |
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law is continued in effect for that purpose. |
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SECTION 7. The D |
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epartment of Public Safety shall adopt the |
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rules required by Section 521.205, Transportation Code, as amended |
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by this Act, not later than January 1, 2014. |
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SECTION 8. This Act takes effect September 1, 2013. |
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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. 3483 was passed by the House on May 2, |
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2013, by the following vote: Yeas 145, Nays 2, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3483 on May 23, 2013, by the following vote: Yeas 137, Nays 8, |
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2 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. 3483 was passed by the Senate, with |
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amendments, on May 20, 2013, by the following vote: Yeas 28, Nays |
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3. |
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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 |