Texas 2009 - 81st Regular

Texas House Bill HB339 Compare Versions

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1	1	H.B. No. 339
2	2
3	3
4	4	AN ACT
5	5	relating to driver education and driver's licensing requirements.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. This Act shall be known as the Less Tears More
8	8	Years Act.
9	9	SECTION 2. Section 29.902, Education Code, is amended by
10	10	adding Subsection (c) to read as follows:
11	11	(c) A school district shall consider offering a driver
12	12	education and traffic safety course during each school year. If the
13	13	district offers the course, the district may:
14	14	(1) conduct the course and charge a fee for the course
15	15	in the amount determined by the agency to be comparable to the fee
16	16	charged by a driver education school that holds a license under
17	17	Chapter 1001; or
18	18	(2) contract with a driver education school that holds
19	19	a license under Chapter 1001 to conduct the course.
20	20	SECTION 3. Section 1001.004, Education Code, is amended to
21	21	read as follows:
22	22	Sec. 1001.004. COST OF ADMINISTERING CHAPTER. (a) Except
23	23	as provided by Subsection (b), the [The] cost of administering this
24	24	chapter shall be included in the state budget allowance for the
25	25	agency.
26	26	(b) The commissioner may charge a fee to each driver
27	27	education school in an amount not to exceed the actual expense
28	28	incurred in the regulation of driver education courses established
29	29	under Section 1001.1015.
30	30	SECTION 4. Section 1001.055(a), Education Code, is amended
31	31	to read as follows:
32	32	(a) The agency shall print and supply to each licensed or
33	33	exempt driver education school driver education certificates to be
34	34	used for certifying completion of an approved driver education
35	35	course to satisfy the requirements of Sections [Section]
36	36	521.204(a)(2) and 521.1601, Transportation Code. The certificates
37	37	must be numbered serially.
38	38	SECTION 5. Section 1001.101, Education Code, is amended to
39	39	read as follows:
40	40	Sec. 1001.101. ADULT AND MINOR DRIVER EDUCATION COURSE
41	41	CURRICULUM AND TEXTBOOKS. (a) The commissioner by rule shall
42	42	establish or approve the curriculum and designate the textbooks to
43	43	be used in a driver education course for minors and adults,
44	44	including a driver education course conducted by a school district,
45	45	driver education school, or parent or other individual under
46	46	Section 521.205, Transportation Code.
47	47	(b) A driver education course must require the student to
48	48	complete:
49	49	(1) 7 hours of behind-the-wheel instruction in the
50	50	presence of a person who holds a driver education instructor
51	51	license or who meets the requirements imposed under Section
52	52	521.205, Transportation Code;
53	53	(2) 7 hours of observation instruction in the presence
54	54	of a person who holds a driver education instructor license or who
55	55	meets the requirements imposed under Section 521.205,
56	56	Transportation Code; and
57	57	(3) 20 hours of behind-the-wheel instruction,
58	58	including at least 10 hours of instruction that takes place at
59	59	night, in the presence of an adult who meets the requirements of
60	60	Section 521.222(d)(2), Transportation Code.
61	61	SECTION 6. Subchapter C, Chapter 1001, Education Code, is
62	62	amended by adding Section 1001.1015 to read as follows:
63	63	Sec. 1001.1015. ADULT DRIVER EDUCATION COURSE CURRICULUM
64	64	AND EDUCATIONAL MATERIALS. (a) The commissioner by rule shall
65	65	establish the curriculum and designate the educational materials to
66	66	be used in a driver education course exclusively for adults.
67	67	(b) A driver education course under Subsection (a) must:
68	68	(1) be a six-hour course; and
69	69	(2) include instruction in:
70	70	(A) alcohol and drug awareness;
71	71	(B) the traffic laws of this state;
72	72	(C) highway signs, signals, and markings that
73	73	regulate, warn, or direct traffic; and
74	74	(D) the issues commonly associated with motor
75	75	vehicle accidents, including poor decision-making, risk taking,
76	76	impaired driving, distraction, speed, failure to use a safety belt,
77	77	driving at night, failure to yield the right-of-way, and using a
78	78	wireless communication device while operating a vehicle.
79	79	(c) A course approved under Subsection (a) may be offered as
80	80	an online course.
81	81	(d) A driving safety course or a drug and alcohol driving
82	82	awareness program may not be approved as a driver education course
83	83	under Subsection (a).
84	84	SECTION 7. Subchapter C, Chapter 1001, Education Code, is
85	85	amended by adding Section 1001.110 to read as follows:
86	86	Sec. 1001.110. INFORMATION RELATING TO DRIVING
87	87	DISTRACTIONS. (a) The commissioner by rule shall require that
88	88	information relating to the effect of using a wireless
89	89	communication device or engaging in other actions that may distract
90	90	a driver on the safe or effective operation of a motor vehicle be
91	91	included in the curriculum of each driver education course or
92	92	driving safety course.
93	93	(b) In developing rules under this section, the
94	94	commissioner shall consult with the department.
95	95	SECTION 8. Subchapter F, Chapter 1001, Education Code, is
96	96	amended by adding Section 1001.257 to read as follows:
97	97	Sec. 1001.257. DENIAL OF LICENSE. The commissioner may not
98	98	issue or renew a driver education instructor license, including a
99	99	temporary license, to a person who has six or more points assigned
100	100	to the person's driver's license under Subchapter B, Chapter 708,
101	101	Transportation Code.
102	102	SECTION 9. Section 521.142(d), Transportation Code, is
103	103	amended to read as follows:
104	104	(d) If the applicant is under 21 [25] years of age, the
105	105	application must state whether the applicant has completed a driver
106	106	education course required by Section 521.1601 [approved by the
107	107	department].
108	108	SECTION 10. The heading to Subchapter H, Chapter 521,
109	109	Transportation Code, is amended to read as follows:
110	110	SUBCHAPTER H. EDUCATION AND EXAMINATION REQUIREMENTS
111	111	SECTION 11. Subchapter H, Chapter 521, Transportation Code,
112	112	is amended by adding Sections 521.1601 and 521.167 to read as
113	113	follows:
114	114	Sec. 521.1601. DRIVER EDUCATION REQUIRED. The department
115	115	may not issue a driver's license to a person who is younger than 21
116	116	years of age unless the person submits to the department a driver
117	117	education certificate issued under Chapter 1001, Education Code,
118	118	that states that the person has completed and passed:
119	119	(1) a driver education and traffic safety course
120	120	approved by the Texas Education Agency under Section 29.902,
121	121	Education Code, or a driver education course approved by that
122	122	agency under Section 1001.101 of that code or approved by the
123	123	department under Section 521.205; or
124	124	(2) if the person is 18 years of age or older, a driver
125	125	education course approved by the Texas Education Agency under
126	126	Section 1001.101 or 1001.1015, Education Code.
127	127	Sec. 521.167. WAIVER OF CERTAIN EDUCATION AND EXAMINATION
128	128	REQUIREMENTS. A person who has completed and passed a driver
129	129	education course approved by the Texas Education Agency under
130	130	Section 1001.1015, Education Code, is not required to take the
131	131	highway sign and traffic law parts of the examination required
132	132	under Section 521.161 if those parts have been successfully
133	133	completed as determined by a licensed driver education instructor.
134	134	SECTION 12. Section 521.165, Transportation Code, is
135	135	amended by amending Subsection (c) and adding Subsection (d) to
136	136	read as follows:
137	137	(c) Except as provided by Subsection (d), in [In] issuing a
138	138	driver's license for certain types of vehicles, the director may
139	139	waive a driving test for an applicant who has successfully
140	140	completed and passed the training and testing conducted by a person
141	141	certified under Subsection (a).
142	142	(d) The director may not waive the driving test required by
143	143	Section 521.161 for an applicant who is under 18 years of age.
144	144	SECTION 13. Section 521.204(a), Transportation Code, is
145	145	amended to read as follows:
146	146	(a) The department may issue a Class C driver's license to
147	147	an applicant under 18 years of age only if the applicant:
148	148	(1) is 16 years of age or older;
149	149	(2) has submitted to the department a driver education
150	150	certificate issued under Section 9A, Texas Driver and Traffic
151	151	Safety Education Act (Article 4413(29c), Vernon's Texas Civil
152	152	Statutes), that states that the person has completed and passed a
153	153	driver education course approved by the department under Section
154	154	521.205 or by the Texas Education Agency;
155	155	(3) has obtained a high school diploma or its
156	156	equivalent or is a student:
157	157	(A) enrolled in a public school, home school, or
158	158	private school who attended school for at least 80 days in the fall
159	159	or spring semester preceding the date of the driver's license
160	160	application; or
161	161	(B) who has been enrolled for at least 45 days,
162	162	and is enrolled as of the date of the application, in a program to
163	163	prepare persons to pass the high school equivalency exam; [and]
164	164	(4) has submitted to the department written parental
165	165	or guardian permission for the department to access the applicant's
166	166	school enrollment records maintained by the Texas Education Agency;
167	167	and
168	168	(5) has passed the examination required by Section
169	169	521.161.
170	170	SECTION 14. Section 521.205(a), Transportation Code, is
171	171	amended to read as follows:
172	172	(a) The department by rule shall provide for approval of a
173	173	driver education course conducted by the parent, stepparent, foster
174	174	parent, legal guardian, step-grandparent, or grandparent of a
175	175	person who is required to complete a driver education course to
176	176	obtain a Class C license. The rules must provide that:
177	177	(1) the person conducting the course possess a valid
178	178	license for the preceding three years that [and the license] has not
179	179	been suspended, revoked, or forfeited in the past three years for an
180	180	offense that involves the operation of a motor vehicle [traffic
181	181	related violations];
182	182	(2) the student driver spend a minimum number of hours
183	183	in:
184	184	(A) classroom instruction; and
185	185	(B) behind-the-wheel instruction;
186	186	(3) the person conducting the course not be convicted
187	187	of:
188	188	(A) criminally negligent homicide; or
189	189	(B) driving while intoxicated; [and]
190	190	(4) the person conducting the course not be disabled
191	191	because of mental illness; and
192	192	(5) the person conducting the course not have six or
193	193	more points assigned to the person's driver's license under
194	194	Subchapter B, Chapter 708, at the time the person begins conducting
195	195	the course.
196	196	SECTION 15. Subchapter J, Chapter 521, Transportation Code,
197	197	is amended by adding Section 521.206 to read as follows:
198	198	Sec. 521.206. COLLISION RATE STATISTICS PUBLICATION. (a)
199	199	The department shall collect data regarding collisions of students
200	200	taught by public schools, driver education schools licensed under
201	201	Chapter 1001, Education Code, and other entities that offer driver
202	202	education courses to students for which a uniform certificate of
203	203	course completion is issued. The collision rate is computed by
204	204	determining the number of an entity's students who complete a
205	205	driver education course during a state fiscal year, dividing that
206	206	number by the number of collisions that involved students who
207	207	completed such a course and that occurred in the 12-month period
208	208	following their licensure, and expressing the quotient as a
209	209	percentage.
210	210	(b) The department shall collect data regarding the
211	211	collision rate of students taught by course instructors approved
212	212	under Section 521.205. The collision rate is computed by
213	213	determining the number of students who completed a course approved
214	214	under Section 521.205 during a state fiscal year, dividing that
215	215	number by the number of collisions that involved students who
216	216	completed such a course and that occurred in the 12-month period
217	217	following their licensure, and expressing the quotient as a
218	218	percentage.
219	219	(c) Not later than October 1 of each year, the department
220	220	shall issue a publication listing the collision rate for students
221	221	taught by each driver education entity and the collision rate for
222	222	students taught by a course instructor approved under Section
223	223	521.205, noting the severity of collisions involving students of
224	224	each entity and each type of course.
225	225	SECTION 16. Section 521.271, Transportation Code, is
226	226	amended by amending Subsection (a) and adding Subsection (a-1) to
227	227	read as follows:
228	228	(a) Each original driver's license and provisional license
229	229	expires as follows:
230	230	(1) except as provided by Section 521.2711, a driver's
231	231	license expires on the first birthday of the license holder
232	232	occurring after the sixth anniversary of the date of the
233	233	application;
234	234	(2) a provisional license expires on [the earlier of:
235	235	[(A)] the 18th birthday of the license holder[;
236	236	or
237	237	[(B) the first birthday of the license holder
238	238	occurring after the date of the application];
239	239	(3) an instruction permit expires on the 18th birthday
240	240	of the license holder [second birthday of the license holder
241	241	occurring after the date of the application]; and
242	242	(4) an occupational license expires on the first
243	243	anniversary of the court order granting the license.
244	244	(a-1) The department and the Texas Education Agency shall
245	245	enter into a memorandum of understanding under which the department
246	246	may access the agency's electronic enrollment records to verify a
247	247	student's enrollment in a public school. The memorandum of
248	248	understanding must specify that the department may only access
249	249	information necessary to verify the identity and enrollment status
250	250	of a license renewal applicant and only if a parent or guardian of
251	251	the applicant has provided written permission for the department to
252	252	access that information. Nothing in this subsection may be
253	253	construed to allow the release of information in violation of the
254	254	Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
255	255	Section 1232g).
256	256	SECTION 17. Section 521.421(c), Transportation Code, is
257	257	amended to read as follows:
258	258	(c) The fee for issuance [or renewal] of a provisional
259	259	license or instruction permit is $15 [$5].
260	260	SECTION 18. Section 545.424, Transportation Code, is
261	261	amended by amending Subsections (a), (b), and (c) and adding
262	262	Subsection (f) to read as follows:
263	263	(a) A person under 18 years of age[, during the six-month
264	264	period following issuance of an original Class A, B, or C driver's
265	265	license to the person,] may not operate a motor vehicle:
266	266	(1) during the 12-month period following issuance of
267	267	an original Class A, B, or C driver's license to the person:
268	268	(A) after midnight and before 5 a.m. unless the
269	269	operation of the vehicle is necessary for the operator to attend or
270	270	participate in employment or a school-related activity or because
271	271	of a medical emergency; or
272	272	(B) [(2)] with more than one passenger in the
273	273	vehicle under 21 years of age who is not a family member; or
274	274	(2) [(3)] while using a wireless communications
275	275	device, except in case of emergency.
276	276	(b) A person under 17 years of age who holds a restricted
277	277	motorcycle license or moped license, during the 12-month
278	278	[six-month] period following the issuance of an original motorcycle
279	279	license or moped license to the person, may not operate a motorcycle
280	280	or moped:
281	281	(1) after midnight and before 5 a.m. unless:
282	282	(A) the person is in sight of the person's parent
283	283	or guardian; or
284	284	(B) the operation of the vehicle is necessary for
285	285	the operator to attend or participate in employment or a
286	286	school-related activity or because of a medical emergency; or
287	287	(2) while using a wireless communications device,
288	288	except in case of emergency.
289	289	(c) This section does not apply to:
290	290	(1) the holder of a hardship license; [or]
291	291	(2) a person operating a motor vehicle while
292	292	accompanied in the manner required by Section 521.222(d)(2) for the
293	293	holder of an instruction permit; or
294	294	(3) a person licensed by the Federal Communications
295	295	Commission to operate a wireless communication device or a radio
296	296	frequency device.
297	297	(f) In this section, "wireless communication device" means
298	298	a handheld or hands-free device that uses commercial mobile
299	299	service, as defined by 47 U.S.C. Section 332.
300	300	SECTION 19. (a) For the purpose of compiling data for the
301	301	publication required by Section 521.206, Transportation Code, as
302	302	added by this Act, the Texas Department of Public Safety shall
303	303	determine the number of minor students taught by each driver
304	304	education entity and the total number of minor students taught by
305	305	courses approved under Section 521.205, Transportation Code, who
306	306	become licensed during the state fiscal year beginning September 1,
307	307	2009, and ending August 31, 2010.
308	308	(b) The first publication of collision rate data compiled
309	309	under Section 521.206, Transportation Code, as added by this Act,
310	310	shall be issued not later than October 1, 2011.
311	311	SECTION 20. Not later than November 30, 2009, the Texas
312	312	Department of Public Safety shall appoint a task force to review and
313	313	make recommendations regarding the effectiveness of the materials
314	314	provided by the Texas Education Agency for use in courses licensed
315	315	under Chapter 1001, Education Code, or authorized by Section
316	316	521.205. The task force shall consist of the following members:
317	317	(1) a representative of the Texas Department of Public
318	318	Safety;
319	319	(2) a representative of the Texas Education Agency;
320	320	(3) a commercial provider of driver education courses;
321	321	(4) a member of an interested group or association, as
322	322	determined by the department; and
323	323	(5) other appropriate members, as determined by the
324	324	department.
325	325	SECTION 21. (a) Section 29.902(c), Education Code, as
326	326	added by this Act, applies beginning with the 2010-2011 school
327	327	year.
328	328	(b) Not later than January 1, 2010, the commissioner of
329	329	education shall adopt rules as required by Section 1001.101,
330	330	Education Code, as amended by this Act.
331	331	(c) Each driver education and training program approved by
332	332	the Texas Education Agency under Chapter 1001, Education Code, must
333	333	comply with the curriculum requirements of Section 1001.101,
334	334	Education Code, as amended by this Act, not later than May 1, 2010.
335	335	(d) Section 521.165, Transportation Code, as amended by
336	336	this Act, applies only to an application for a driver's license
337	337	submitted on or after the effective date of this Act. An
338	338	application for a driver's license submitted before the effective
339	339	date of this Act is subject to the law in effect on the date the
340	340	application was submitted, and that law is continued in effect for
341	341	that purpose.
342	342	(e) The changes in law made by this Act to Section 521.205,
343	343	Transportation Code, apply to a course approved under that section
344	344	that begins on or after the effective date of this Act. A course
345	345	beginning before the effective date of this Act is governed by the
346	346	law in effect on the date the course was commenced, and that law is
347	347	continued in effect for that purpose.
348	348	(f) The changes in law made by this Act to Sections 521.271,
349	349	521.421, and 545.424, Transportation Code, apply only to a person
350	350	issued a driver's license on or after the effective date of this
351	351	Act. A person issued a driver's license before the effective date
352	352	of this Act is governed by the law in effect on the date the license
353	353	was issued, and that law is continued in effect for that purpose.
354	354	SECTION 22. As soon as practicable after the effective date
355	355	of this Act, the commissioner of education shall adopt the rules
356	356	required by Section 1001.110, Education Code, as added by this Act.
357	357	SECTION 23. The changes in law made by Section 521.142,
358	358	Transportation Code, as amended by this Act, and Sections 521.1601
359	359	and 521.167, Transportation Code, as added by this Act, apply to an
360	360	application for the issuance of a driver's license filed on or after
361	361	the effective date of this Act. An application for the issuance of
362	362	a driver's license filed before the effective date of this Act is
363	363	governed by the law in effect on the date of the filing, and that law
364	364	is continued in effect for that purpose.
365	365	SECTION 24. This Act takes effect September 1, 2009.
366	366	______________________________ ______________________________
367	367	President of the Senate Speaker of the House
368	368	I certify that H.B. No. 339 was passed by the House on May 6,
369	369	2009, by the following vote: Yeas 139, Nays 4, 1 present, not
370	370	voting; and that the House concurred in Senate amendments to H.B.
371	371	No. 339 on May 29, 2009, by the following vote: Yeas 142, Nays 0, 1
372	372	present, not voting.
373	373	______________________________
374	374	Chief Clerk of the House
375	375	I certify that H.B. No. 339 was passed by the Senate, with
376	376	amendments, on May 25, 2009, by the following vote: Yeas 31, Nays
377	377	0.
378	378	______________________________
379	379	Secretary of the Senate
380	380	APPROVED: __________________
381	381	Date
382	382	__________________
383	383	Governor