H.B. No. 339
AN ACT
relating to driver education and driver's licensing requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Less Tears More
Years Act.
SECTION 2. Section 29.902, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) A school district shall consider offering a driver
education and traffic safety course during each school year. If the
district offers the course, the district may:
(1) conduct the course and charge a fee for the course
in the amount determined by the agency to be comparable to the fee
charged by a driver education school that holds a license under
Chapter 1001; or
(2) contract with a driver education school that holds
a license under Chapter 1001 to conduct the course.
SECTION 3. Section 1001.004, Education Code, is amended to
read as follows:
Sec. 1001.004. COST OF ADMINISTERING CHAPTER. (a) Except
as provided by Subsection (b), the [The] cost of administering this
chapter shall be included in the state budget allowance for the
agency.
(b) The commissioner may charge a fee to each driver
education school in an amount not to exceed the actual expense
incurred in the regulation of driver education courses established
under Section 1001.1015.
SECTION 4. Section 1001.055(a), Education Code, is amended
to read as follows:
(a) The agency shall print and supply to each licensed or
exempt driver education school driver education certificates to be
used for certifying completion of an approved driver education
course to satisfy the requirements of Sections [Section]
521.204(a)(2) and 521.1601, Transportation Code. The certificates
must be numbered serially.
SECTION 5. Section 1001.101, Education Code, is amended to
read as follows:
Sec. 1001.101. ADULT AND MINOR DRIVER EDUCATION COURSE
CURRICULUM AND TEXTBOOKS. (a) The commissioner by rule shall
establish or approve the curriculum and designate the textbooks to
be used in a driver education course for minors and adults,
including a driver education course conducted by a school district,
driver education school, or parent or other individual under
Section 521.205, Transportation Code.
(b) A driver education course must require the student to
complete:
(1) 7 hours of behind-the-wheel instruction in the
presence of a person who holds a driver education instructor
license or who meets the requirements imposed under Section
521.205, Transportation Code;
(2) 7 hours of observation instruction in the presence
of a person who holds a driver education instructor license or who
meets the requirements imposed under Section 521.205,
Transportation Code; and
(3) 20 hours of behind-the-wheel instruction,
including at least 10 hours of instruction that takes place at
night, in the presence of an adult who meets the requirements of
Section 521.222(d)(2), Transportation Code.
SECTION 6. Subchapter C, Chapter 1001, Education Code, is
amended by adding Section 1001.1015 to read as follows:
Sec. 1001.1015. ADULT DRIVER EDUCATION COURSE CURRICULUM
AND EDUCATIONAL MATERIALS. (a) The commissioner by rule shall
establish the curriculum and designate the educational materials to
be used in a driver education course exclusively for adults.
(b) A driver education course under Subsection (a) must:
(1) be a six-hour course; and
(2) include instruction in:
(A) alcohol and drug awareness;
(B) the traffic laws of this state;
(C) highway signs, signals, and markings that
regulate, warn, or direct traffic; and
(D) the issues commonly associated with motor
vehicle accidents, including poor decision-making, risk taking,
impaired driving, distraction, speed, failure to use a safety belt,
driving at night, failure to yield the right-of-way, and using a
wireless communication device while operating a vehicle.
(c) A course approved under Subsection (a) may be offered as
an online course.
(d) A driving safety course or a drug and alcohol driving
awareness program may not be approved as a driver education course
under Subsection (a).
SECTION 7. Subchapter C, Chapter 1001, Education Code, is
amended by adding Section 1001.110 to read as follows:
Sec. 1001.110. INFORMATION RELATING TO DRIVING
DISTRACTIONS. (a) The commissioner by rule shall require that
information relating to the effect of using a wireless
communication device or engaging in other actions that may distract
a driver on the safe or effective operation of a motor vehicle be
included in the curriculum of each driver education course or
driving safety course.
(b) In developing rules under this section, the
commissioner shall consult with the department.
SECTION 8. Subchapter F, Chapter 1001, Education Code, is
amended by adding Section 1001.257 to read as follows:
Sec. 1001.257. DENIAL OF LICENSE. The commissioner may not
issue or renew a driver education instructor license, including a
temporary license, to a person who has six or more points assigned
to the person's driver's license under Subchapter B, Chapter 708,
Transportation Code.
SECTION 9. Section 521.142(d), Transportation Code, is
amended to read as follows:
(d) If the applicant is under 21 [25] years of age, the
application must state whether the applicant has completed a driver
education course required by Section 521.1601 [approved by the
department].
SECTION 10. The heading to Subchapter H, Chapter 521,
Transportation Code, is amended to read as follows:
SUBCHAPTER H. EDUCATION AND EXAMINATION REQUIREMENTS
SECTION 11. Subchapter H, Chapter 521, Transportation Code,
is amended by adding Sections 521.1601 and 521.167 to read as
follows:
Sec. 521.1601. DRIVER EDUCATION REQUIRED. The department
may not issue a driver's license to a person who is younger than 21
years of age unless the person submits to the department a driver
education certificate issued under Chapter 1001, Education Code,
that states that the person has completed and passed:
(1) a driver education and traffic safety course
approved by the Texas Education Agency under Section 29.902,
Education Code, or a driver education course approved by that
agency under Section 1001.101 of that code or approved by the
department under Section 521.205; or
(2) if the person is 18 years of age or older, a driver
education course approved by the Texas Education Agency under
Section 1001.101 or 1001.1015, Education Code.
Sec. 521.167. WAIVER OF CERTAIN EDUCATION AND EXAMINATION
REQUIREMENTS. A person who has completed and passed a driver
education course approved by the Texas Education Agency under
Section 1001.1015, Education Code, is not required to take the
highway sign and traffic law parts of the examination required
under Section 521.161 if those parts have been successfully
completed as determined by a licensed driver education instructor.
SECTION 12. Section 521.165, Transportation Code, is
amended by amending Subsection (c) and adding Subsection (d) to
read as follows:
(c) Except as provided by Subsection (d), in [In] issuing a
driver's license for certain types of vehicles, the director may
waive a driving test for an applicant who has successfully
completed and passed the training and testing conducted by a person
certified under Subsection (a).
(d) The director may not waive the driving test required by
Section 521.161 for an applicant who is under 18 years of age.
SECTION 13. Section 521.204(a), Transportation Code, is
amended to read as follows:
(a) The department may issue a Class C driver's license to
an applicant under 18 years of age only if the applicant:
(1) is 16 years of age or older;
(2) has submitted to the department a driver education
certificate issued under Section 9A, Texas Driver and Traffic
Safety Education Act (Article 4413(29c), Vernon's Texas Civil
Statutes), that states that the person has completed and passed a
driver education course approved by the department under Section
521.205 or by the Texas Education Agency;
(3) has obtained a high school diploma or its
equivalent or is a student:
(A) enrolled in a public school, home school, or
private school who attended school for at least 80 days in the fall
or spring semester preceding the date of the driver's license
application; or
(B) who has been enrolled for at least 45 days,
and is enrolled as of the date of the application, in a program to
prepare persons to pass the high school equivalency exam; [and]
(4) has submitted to the department written parental
or guardian permission for the department to access the applicant's
school enrollment records maintained by the Texas Education Agency;
and
(5) has passed the examination required by Section
521.161.
SECTION 14. Section 521.205(a), Transportation Code, is
amended to read as follows:
(a) The department by rule shall provide for approval of a
driver education course conducted by the parent, stepparent, foster
parent, legal guardian, step-grandparent, or grandparent of a
person who is required to complete a driver education course to
obtain a Class C license. The rules must provide that:
(1) the person conducting the course possess a valid
license for the preceding three years that [and the license] has not
been suspended, revoked, or forfeited in the past three years for an
offense that involves the operation of a motor vehicle [traffic
related violations];
(2) the student driver spend a minimum number of hours
in:
(A) classroom instruction; and
(B) behind-the-wheel instruction;
(3) the person conducting the course not be convicted
of:
(A) criminally negligent homicide; or
(B) driving while intoxicated; [and]
(4) the person conducting the course not be disabled
because of mental illness; and
(5) the person conducting the course not have six or
more points assigned to the person's driver's license under
Subchapter B, Chapter 708, at the time the person begins conducting
the course.
SECTION 15. Subchapter J, Chapter 521, Transportation Code,
is amended by adding Section 521.206 to read as follows:
Sec. 521.206. COLLISION RATE STATISTICS PUBLICATION. (a)
The department shall collect data regarding collisions of students
taught by public schools, driver education schools licensed under
Chapter 1001, Education Code, and other entities that offer driver
education courses to students for which a uniform certificate of
course completion is issued. The collision rate is computed by
determining the number of an entity's students who complete a
driver education course during a state fiscal year, dividing that
number by the number of collisions that involved students who
completed such a course and that occurred in the 12-month period
following their licensure, and expressing the quotient as a
percentage.
(b) The department shall collect data regarding the
collision rate of students taught by course instructors approved
under Section 521.205. The collision rate is computed by
determining the number of students who completed a course approved
under Section 521.205 during a state fiscal year, dividing that
number by the number of collisions that involved students who
completed such a course and that occurred in the 12-month period
following their licensure, and expressing the quotient as a
percentage.
(c) Not later than October 1 of each year, the department
shall issue a publication listing the collision rate for students
taught by each driver education entity and the collision rate for
students taught by a course instructor approved under Section
521.205, noting the severity of collisions involving students of
each entity and each type of course.
SECTION 16. Section 521.271, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) Each original driver's license and provisional license
expires as follows:
(1) except as provided by Section 521.2711, a driver's
license expires on the first birthday of the license holder
occurring after the sixth anniversary of the date of the
application;
(2) a provisional license expires on [the earlier of:
[(A)] the 18th birthday of the license holder[;
or
[(B) the first birthday of the license holder
occurring after the date of the application];
(3) an instruction permit expires on the 18th birthday
of the license holder [second birthday of the license holder
occurring after the date of the application]; and
(4) an occupational license expires on the first
anniversary of the court order granting the license.
(a-1) The department and the Texas Education Agency shall
enter into a memorandum of understanding under which the department
may access the agency's electronic enrollment records to verify a
student's enrollment in a public school. The memorandum of
understanding must specify that the department may only access
information necessary to verify the identity and enrollment status
of a license renewal applicant and only if a parent or guardian of
the applicant has provided written permission for the department to
access that information. Nothing in this subsection may be
construed to allow the release of information in violation of the
Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
Section 1232g).
SECTION 17. Section 521.421(c), Transportation Code, is
amended to read as follows:
(c) The fee for issuance [or renewal] of a provisional
license or instruction permit is $15 [$5].
SECTION 18. Section 545.424, Transportation Code, is
amended by amending Subsections (a), (b), and (c) and adding
Subsection (f) to read as follows:
(a) A person under 18 years of age[, during the six-month
period following issuance of an original Class A, B, or C driver's
license to the person,] may not operate a motor vehicle:
(1) during the 12-month period following issuance of
an original Class A, B, or C driver's license to the person:
(A) after midnight and before 5 a.m. unless the
operation of the vehicle is necessary for the operator to attend or
participate in employment or a school-related activity or because
of a medical emergency; or
(B) [(2)] with more than one passenger in the
vehicle under 21 years of age who is not a family member; or
(2) [(3)] while using a wireless communications
device, except in case of emergency.
(b) A person under 17 years of age who holds a restricted
motorcycle license or moped license, during the 12-month
[six-month] period following the issuance of an original motorcycle
license or moped license to the person, may not operate a motorcycle
or moped:
(1) after midnight and before 5 a.m. unless:
(A) the person is in sight of the person's parent
or guardian; or
(B) the operation of the vehicle is necessary for
the operator to attend or participate in employment or a
school-related activity or because of a medical emergency; or
(2) while using a wireless communications device,
except in case of emergency.
(c) This section does not apply to:
(1) the holder of a hardship license; [or]
(2) a person operating a motor vehicle while
accompanied in the manner required by Section 521.222(d)(2) for the
holder of an instruction permit; or
(3) a person licensed by the Federal Communications
Commission to operate a wireless communication device or a radio
frequency device.
(f) In this section, "wireless communication device" means
a handheld or hands-free device that uses commercial mobile
service, as defined by 47 U.S.C. Section 332.
SECTION 19. (a) For the purpose of compiling data for the
publication required by Section 521.206, Transportation Code, as
added by this Act, the Texas Department of Public Safety shall
determine the number of minor students taught by each driver
education entity and the total number of minor students taught by
courses approved under Section 521.205, Transportation Code, who
become licensed during the state fiscal year beginning September 1,
2009, and ending August 31, 2010.
(b) The first publication of collision rate data compiled
under Section 521.206, Transportation Code, as added by this Act,
shall be issued not later than October 1, 2011.
SECTION 20. Not later than November 30, 2009, the Texas
Department of Public Safety shall appoint a task force to review and
make recommendations regarding the effectiveness of the materials
provided by the Texas Education Agency for use in courses licensed
under Chapter 1001, Education Code, or authorized by Section
521.205. The task force shall consist of the following members:
(1) a representative of the Texas Department of Public
Safety;
(2) a representative of the Texas Education Agency;
(3) a commercial provider of driver education courses;
(4) a member of an interested group or association, as
determined by the department; and
(5) other appropriate members, as determined by the
department.
SECTION 21. (a) Section 29.902(c), Education Code, as
added by this Act, applies beginning with the 2010-2011 school
year.
(b) Not later than January 1, 2010, the commissioner of
education shall adopt rules as required by Section 1001.101,
Education Code, as amended by this Act.
(c) Each driver education and training program approved by
the Texas Education Agency under Chapter 1001, Education Code, must
comply with the curriculum requirements of Section 1001.101,
Education Code, as amended by this Act, not later than May 1, 2010.
(d) Section 521.165, Transportation Code, as amended by
this Act, applies only to an application for a driver's license
submitted on or after the effective date of this Act. An
application for a driver's license submitted before the effective
date of this Act is subject to the law in effect on the date the
application was submitted, and that law is continued in effect for
that purpose.
(e) The changes in law made by this Act to Section 521.205,
Transportation Code, apply to a course approved under that section
that begins on or after the effective date of this Act. A course
beginning before the effective date of this Act is governed by the
law in effect on the date the course was commenced, and that law is
continued in effect for that purpose.
(f) The changes in law made by this Act to Sections 521.271,
521.421, and 545.424, Transportation Code, apply only to a person
issued a driver's license on or after the effective date of this
Act. A person issued a driver's license before the effective date
of this Act is governed by the law in effect on the date the license
was issued, and that law is continued in effect for that purpose.
SECTION 22. As soon as practicable after the effective date
of this Act, the commissioner of education shall adopt the rules
required by Section 1001.110, Education Code, as added by this Act.
SECTION 23. The changes in law made by Section 521.142,
Transportation Code, as amended by this Act, and Sections 521.1601
and 521.167, Transportation Code, as added by this Act, apply to an
application for the issuance of a driver's license filed on or after
the effective date of this Act. An application for the issuance of
a driver's license filed before the effective date of this Act is
governed by the law in effect on the date of the filing, and that law
is continued in effect for that purpose.
SECTION 24. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 339 was passed by the House on May 6,
2009, by the following vote: Yeas 139, Nays 4, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 339 on May 29, 2009, by the following vote: Yeas 142, Nays 0, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 339 was passed by the Senate, with
amendments, on May 25, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor