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A BILL TO BE ENTITLED
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AN ACT
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relating to driver education and driver's licensing requirements |
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for minors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.902, Education Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A school district shall offer a driver education and |
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traffic safety course during each school year. The district may |
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charge a fee for the course in the amount determined by the agency |
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to be comparable to the fee charged by commercial driving schools. |
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SECTION 2. Section 1001.101, Education Code, is amended to |
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read as follows: |
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Sec. 1001.101. DRIVER EDUCATION COURSE CURRICULUM AND |
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TEXTBOOKS. (a) The commissioner by rule shall establish the |
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curriculum and designate the textbooks to be used in a driver |
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education course. |
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(b) A driver education course for a student who is under 18 |
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years of age must require the student to complete 34 hours of |
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behind-the-wheel instruction, including at least 10 hours of |
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instruction that takes place at night. |
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(c) The commissioner by rule shall determine the number of |
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hours of behind-the-wheel instruction required under Subsection |
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(b) to be conducted in the presence of a licensed instructor or in |
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the presence of an adult who meets the requirements of Section |
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521.222(d)(2), Transportation Code. |
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SECTION 3. Subchapter F, Chapter 1001, Education Code, is |
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amended by adding Section 1001.257 to read as follows: |
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Sec. 1001.257. DENIAL OF LICENSE. The commissioner may not |
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issue or renew a driver education instructor license, including a |
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temporary license, to a person who has six or more points assigned |
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to the person's driver's license under Subchapter B, Chapter 708, |
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Transportation Code. |
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SECTION 4. Section 521.165, Transportation Code, is amended |
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by amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) Except as provided by Subsection (d), in [In] issuing a |
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driver's license for certain types of vehicles, the director may |
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waive a driving test for an applicant who has successfully |
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completed and passed the training and testing conducted by a person |
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certified under Subsection (a). |
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(d) The director may not waive the driving test required by |
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Section 521.161 for an applicant who is under 18 years of age. |
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SECTION 5. Section 521.205(a), Transportation Code, is |
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amended to read as follows: |
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(a) The department by rule shall provide for approval of a |
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driver education course conducted by the parent, stepparent, legal |
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guardian, step-grandparent, or grandparent of a person who is |
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required to complete a driver education course to obtain a Class C |
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license. The rules must provide that: |
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(1) the person conducting the course possess a valid |
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license for the preceding three years that [and the license] has not |
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been suspended, revoked, or forfeited in the past three years for an |
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offense that involves the operation of a motor vehicle [traffic
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related violations]; |
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(2) the student driver spend a minimum number of hours |
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in: |
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(A) classroom instruction; and |
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(B) behind-the-wheel instruction; |
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(3) the person conducting the course not be convicted |
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of: |
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(A) criminally negligent homicide; or |
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(B) driving while intoxicated; [and] |
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(4) the person conducting the course not be disabled |
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because of mental illness; and |
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(5) the person conducting the course not have six or |
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more points assigned to the person's driver's license under |
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Subchapter B, Chapter 708. |
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SECTION 6. Subchapter J, Chapter 521, Transportation Code, |
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is amended by adding Section 521.206 to read as follows: |
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Sec. 521.206. COLLISION RATE STATISTICS PUBLICATION. (a) |
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The department shall collect data regarding collisions of students |
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taught by public schools, commercial driving schools, and other |
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entities that offer driver education courses to students for which |
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a uniform certificate of course completion is issued. The |
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collision rate is computed by determining the number of an entity's |
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students who complete a driver education course during a state |
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fiscal year, dividing that number by the number of collisions that |
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involved students who completed such a course and that occurred in |
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the 12-month period following their licensure, and expressing the |
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quotient as a percentage. |
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(b) The department shall collect data regarding the |
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collision rate of students taught by course instructors approved |
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under Section 521.205. The collision rate is computed by |
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determining the number of students who completed a course approved |
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under Section 521.205 during a state fiscal year, dividing that |
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number by the number of collisions that involved students who |
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completed such a course and that occurred in the 12-month period |
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following their licensure, and expressing the quotient as a |
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percentage. |
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(c) Not later than October 1 of each year, the department |
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shall issue a publication listing the collision rate for students |
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taught by each driver education entity and the collision rate for |
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students taught by a course instructor approved under Section |
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521.205, noting the severity of collisions involving students of |
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each entity and each type of course. |
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SECTION 7. Sections 545.424(a) and (b), Transportation |
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Code, are amended to read as follows: |
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(a) A person under 18 years of age[, during the six-month
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period following issuance of an original Class A, B, or C driver's
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license to the person,] may not operate a motor vehicle: |
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(1) during the 12-month period following issuance of |
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an original Class A, B, or C driver's license to the person: |
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(A) after 10 p.m. [midnight] and before 5 a.m. |
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unless the operation of the vehicle is necessary for the operator to |
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attend or participate in employment or a school-related activity or |
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because of a medical emergency; or |
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(B) [(2)] with more than one passenger in the |
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vehicle under 21 years of age who is not a family member; or |
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(2) [(3)] while using a wireless communications |
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device. |
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(b) A person under 17 years of age who holds a restricted |
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motorcycle license or moped license, during the 12-month |
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[six-month] period following the issuance of an original motorcycle |
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license or moped license to the person, may not operate a motorcycle |
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or moped: |
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(1) after 10 p.m. [midnight] and before 5 a.m. unless: |
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(A) the person is in sight of the person's parent |
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or guardian; or |
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(B) the operation of the vehicle is necessary for |
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the operator to attend or participate in employment or a |
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school-related activity or because of a medical emergency; or |
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(2) while using a wireless communications device. |
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SECTION 8. (a) For the purpose of compiling data for the |
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publication required by Section 521.206, Transportation Code, as |
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added by this Act, the Texas Department of Public Safety shall |
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determine the number of minor students taught by each driver |
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education entity and the total number of minor students taught by |
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courses approved under Section 521.205, Transportation Code, who |
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become licensed during the state fiscal year beginning September 1, |
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2009, and ending August 31, 2010. |
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(b) The first publication of collision rate data compiled |
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under Section 521.206, Transportation Code, as added by this Act, |
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shall be issued not later than October 1, 2011. |
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SECTION 9. Not later than November 30, 2009, the Texas |
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Department of Public Safety shall appoint a task force to review and |
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make recommendations regarding the effectiveness of the materials |
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provided by the Texas Education Agency for use in courses licensed |
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under Chapter 1001, Education Code, or authorized by Section |
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521.205. The task force shall consist of the following members: |
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(1) a representative of the Texas Department of Public |
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Safety; |
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(2) a representative of the Texas Education Agency; |
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(3) a commercial provider of driver education courses; |
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(4) a member of an interested group or association, as |
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determined by the department; and |
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(5) other appropriate members, as determined by the |
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department. |
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SECTION 10. (a) Section 29.902(c), Education Code, as |
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added by this Act, applies beginning with the 2010-2011 school |
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year. |
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(b) Section 1001.101, Education Code, as amended by this |
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Act, applies only to a driver education and training program |
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approved by the Texas Education Agency on or after the effective |
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date of this Act. A program approved by the Texas Education Agency |
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before the effective date of this Act is subject to the law in |
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effect on the date the program was approved, and that law is |
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continued in effect for that purpose. |
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(c) Section 1001.257, Education Code, as added by this Act, |
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applies only to a person issued a license or approved to teach a |
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driver education course on or after the effective date of this Act. |
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A person issued a license or approved to teach a driver education |
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course before the effective date of this Act is subject to the law |
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in effect on the date the license was issued, and that law is |
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continued in effect for that purpose. |
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(d) Section 521.165, Transportation Code, as amended by |
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this Act, applies only to an application for a driver's license |
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submitted on or after the effective date of this Act. An |
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application for a driver's license submitted before the effective |
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date of this Act is subject to the law in effect on the date the |
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application was submitted, and that law is continued in effect for |
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that purpose. |
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(e) The changes in law made by this Act to Section 521.205, |
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Transportation Code, apply to a course approved under that section |
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that begins on or after the effective date of this Act. A course |
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beginning before the effective date of this Act is governed by the |
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law in effect on the date the course was commenced, and that law is |
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continued in effect for that purpose. |
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(f) The changes in law made by this Act to Section 545.424, |
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Transportation Code, apply only to a person issued a driver's |
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license on or after the effective date of this Act. A person issued |
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a driver's license before the effective date of this Act is governed |
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by the law in effect on the date the license was issued, and that law |
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is continued in effect for that purpose. |
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SECTION 11. This Act takes effect September 1, 2009. |