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�	H.B.�No.�339

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�	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�������