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