Proposed Rules Title 37

TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

SUBCHAPTER A. LICENSING REQUIREMENTS

The Texas Department of Public Safety proposes amendments to Subchapter A, §15.5 and §15.7, concerning Driver License Rules. Amendments to the sections are necessary in order to further align the rules with existing statute and to repeal rules addressed in statute. Terms have been modified to align with industry standards, i.e., "driver's" to "driver" and "instruction permit" to "learner license." Rule changes also provide that licenses issued by the department, including driver licenses, minor's restricted driver licenses, learner licenses, and occupational and interlock licenses will be issued with a photograph with current information being displayed on each license or identification certificate issued.

Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the rules are in effect there will be no fiscal implications for state or local government or local economies.

Mr. Ybarra also has determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the sections as proposed. There are no anticipated economic costs to individuals who are required to comply with the rules as proposed. There is no anticipated negative impact on local employment.

In addition, Mr. Ybarra has also determined that for each year of the first five-year period the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be to establish clearer policy guidelines for the issuance of Texas driver license and identification cards, processing of administrative actions and maintenance of driver related information.

The Department has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

The Department has determined that Chapter 2007 of the Texas Government Code does not apply to these rules. Accordingly, the Department is not required to complete a takings impact assessment regarding these rules.

Comments on the proposal may be submitted to Ron Coleman, Program Specialist IV, Driver License Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78765-0300, (512) 424-7652.

The amendments are proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the Department's work; and Texas Transportation Code, §521.165.

Texas Government Code, §411.004(3) and Texas Transportation Code, §521.165 are affected by this proposal.

§15.5.Learner [~~Learner's~~] License[~~--Instruction Permit~~].

(a) A learner [~~learner's~~] license authorizes the driving of the same vehicles authorized by a classified driver license.

(b) A learner [~~learner's~~] license is a regular photo-type Class [~~A, B, or C~~] license issued to an applicant under the age of 18 and restricted to "accompanied by licensed driver age 21 or over in front seat" or Class M license restricted to "licensed motorcycle operator age 21 or over in sight." The standard fee and expiration dates apply to a learner's license.

[(c) An instruction permit is a driving permit without a photograph. It is issued to any beginning driver for any class of vehicles subject to applicable age and driver education requirements. Class A, B, or C type permits will be restricted to "accompanied by licensed driver age 21 or over in front seat" or the Class M permit will be restricted to "licensed motorcycle operator age 21 or over in sight." The fee for an instruction permit is $5.00.]

[(d) An instruction permit is renewable only as a photo-type learner's license with statutory validity period applicable to under 18 years of age and 18 years of age and older. A learner's license or instruction permit authorizes the driving of vehicles subject to the license classification and restrictions on the permit. Any restriction which would permit driving any vehicle without an accompanying driver requires a regular photo-type license with the statutory validity period.]

(c) [~~(e)~~] Minor [~~Minor's~~ ] restricted driver license (MRDL) or hardship license issued under the hardship provisions[~~, except 60-day permits,~~] will be a photo-type license which expires in 60 days for emergency permits or on the licensee's birth date.

§15.7.Occupational License (Essential Need).

(a) An occupational license authorizes the driving of any noncommercial motor vehicle subject to the restrictions imposed and is a special license issued [ ~~without photograph by the Safety Responsibility Bureau in Austin~~] upon authorization by a district court or county court. It may authorize the driving of any noncommercial motor vehicle:

(1) in the performance of an occupation or trade or transportation to and from such occupation or trade;

(2) for transportation to and from an educational facility in which the person is enrolled; or

(3) in the performance of essential household duties.

(b) The person issued an occupational license is required to carry a certified copy of the court order showing the restrictions imposed by the court along with the license issued by the department [~~Safety Responsibility Bureau~~ ] and is required to show the court order and license to a peace officer on request.

(d) The fee is $10 for up to one year. If the suspension or revocation is more than [~~over~~ ] one year the applicant may [~~can~~ ] apply for a two year occupational license if permitted by the court order and submits an additional $10 fee for the second year. If the suspension is an automatic suspension or a safety responsibility suspension which has become effective, an additional statutory reinstatement fee is required with the SR-22 form.

(e) - (f) (No change.)

(g) If the suspension or revocation is still in effect after the expiration of the occupational license, the individual may apply to renew the occupational license for one year by submitting an application and a $10 fee. The applicant must have a court order authorizing the occupational license for the extended period. This can either be the original court order granting the occupational license for the entire suspension or revocation period or a separate court order extending the time period for the occupational license.

(h) (No change.)

(i) Subsequent suspension/revocation action taken by the department may [~~will~~ ] result in the suspension/revocation of all driving privileges including driving privileges granted by an occupational driver license. The department will notify the licensee of the cancellation. Any subsequent occupational license issuance will require a court order addressing the new suspension/revocation action.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 24, 2009.

TRD-200903054

Lamar Beckworth

Director

Texas Department of Public Safety

Earliest possible date of adoption: September 6, 2009

For further information, please call: (512) 424-2135

37 TAC §15.8

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin, Texas.)

The Texas Department of Public Safety proposes the repeal of Subchapter A, §15.8, concerning Licensing Requirements. Section 15.8 specific to the classified driver license is being repealed as Subchapter D of the Transportation Code provides for the classification of driver licenses.

Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government or local economies.

Mr. Ybarra also has determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the repeal as proposed. There are no anticipated economic costs to individuals who are required to comply with the repeal as proposed. There is no anticipated negative impact on local employment.

In addition, Mr. Ybarra has also determined that for each year of the first five-year period the repeal is in effect, the public benefit anticipated as a result of enforcing the repeals will be current and updated rules.

The Department has determined that Chapter 2007 of the Texas Government Code does not apply to this repeal. Accordingly, the Department is not required to complete a takings impact assessment regarding the repeal.

Comments on the proposal may be submitted to Ron Coleman, Program Specialist IV, Driver License Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78765-0300, (512) 424-7652.

The repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the Department's work; and Texas Transportation Code, §521.165.

Texas Government Code, §411.004(3) and Texas Transportation Code, §521.165 are affected by this proposal.

§15.8.Classified Driver's Licenses.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 24, 2009.

TRD-200903063

Lamar Beckworth

Director

Texas Department of Public Safety

Earliest possible date of adoption: September 6, 2009

For further information, please call: (512) 424-2135

SUBCHAPTER B. APPLICATION REQUIREMENTS--ORIGINAL, RENEWAL, DUPLICATE, IDENTIFICATION CERTIFICATES

37 TAC §§15.21 - 15.23, 15.25 - 15.31, 15.33 - 15.40, 15.42, 15.44, 15.48

The Texas Department of Public Safety proposes amendments to Subchapter B, §§15.21 - 15.23, 15.25 - 15.31, 15.33 - 15.40, 15.42, 15.44, and 15.48, concerning Driver License Rules. Amendments to the sections are necessary in order to further align the rules with existing statute and to repeal rules addressed in statute. Terms have been modified to align with industry standards, i.e., "driver's" to "driver" and "instruction permit" to "learner license." Rule changes also provide that licenses issued by the department, including driver licenses, minor's restricted driver licenses, learner licenses, and occupational and interlock licenses will be issued with a photograph with current information being displayed on each license or identification certificate issued.

Comments on the proposal may be submitted to Ron Coleman, Program Specialist IV, Driver License Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78765-0300, (512) 424-7652.

Texas Government Code, §411.004(3) and Texas Transportation Code, §521.165 are affected by this proposal.

§15.21.Signature.

The applicant's usual signature is required on all applications for a driver license or identification certificate.

(1) The usual signature is preferred. If a man's name is John Henry Jones and his usual signature is J.H. Jones, he should so sign it. This section also applies to women. The usual signature is asked for simply because it will not disturb the applicant so much as it would to require the full name.

(2) The signature on the [~~face of the~~] application must be in ink. The license or certificate must include a facsimile of the license holder's signature or a space on which the holder shall write the holder's usual signature in ink immediately on receipt of the license or certificate. [~~The applicant may sign his name on the back of the application, verifying tests taken, in pencil.~~]

(3) The primary purpose of the signature is to identify the applicant and verify the information given on the application.

(4) If an applicant cannot write his name, he may make his "mark." This is usually a cross in the place of his signature followed by the applicant's printed name. The Driver License field employee shall sign under the applicant's "mark" showing who printed the applicant's name.

§15.22.Notarizations.

Original driver [~~drivers~~] license applications must be verified by the applicant before a person authorized to administer oaths. Such oaths or affirmations may be administered by the following officials:

(1) - (4) (No change.)

(5) general:

(A) in the absence of evidence to the contrary, it is presumed that all notarizations are legally made;

(B) the omission of the seal by officers normally required to use same for notarization invalidates the oath;

(C) notarized driver [~~drivers~~] license applications must be dated not more than six months prior to date of application.

§15.23.Names.

The applicant's full name is required on all applications for driver's license and identification certificates.

(1) A married woman may choose the surname she wishes to use.[,] She may use either her maiden name or she may adopt the surname of her husband or the surname of a previous husband (Attorney General's Opinion H-432). However, no name will be used that has not been documented. If she elects not to adopt her husband's surname, she will simply list her name as if unmarried on the application. If she chooses to adopt her husband's surname, the application should list married name, first name, and middle name, or the maiden name may be used in lieu of middle name at the option of the applicant. The first name of the applicant must be used as the first name on the application and on the transaction card, even if the applicant normally uses a middle name as the given name. Middle names will not be substituted for first names. Examples: Mary Ellen Smith marries Brown; she may list her name as Brown, Mary Ellen or Brown, Mary Smith. In all cases, three full names will be used, unless the applicant does not have three names, including the maiden name.

(A) When change [~~Change~~] of name because of marriage, divorce, annulment, or by death of spouse occurs, the [ ~~may be certified by the applicant's signature. The~~] licensee [~~then~~ ] may choose to either keep her current married name, or revert to her maiden name, or adopt a previous husband's surname. However, no name will be used that has not been documented. If the name is changed for reasons other than those set out above, a court order verifying such change is required and the name shown on the order is acceptable.

(B) Persons who are currently licensed and request that they be allowed to change their name may apply for a duplicate and exercise the same privilege in name selection as an original applicant.

(2) - (3) (No change.)

§15.25.Address.

The address requirement for a driver license and identification certificate is:

(1) - (2) (No change.)

(3) The application form also provides space for a mailing address. If there is no mail delivery at the address shown, then a post office box number or other mailing address must be shown in conjunction with the Texas residence address provided. If an applicant has a mailing address in addition to the Texas residence address, which [~~this address~~] may include post office [~~offices~~ ] boxes, or other mailing locations it may be provided in this space.

(4) - (7) (No change.)

§15.26.Description.

An application for a driver [~~drivers~~] license and identification certificate must contain the following items of the applicant's description:

(1) race;

(2) color of eyes;

(3) height;

(4) sex;

(5) color of hair;

(6) weight.

§15.27.Signature by Parent or Guardian for a Driver License .

(a) Application. The application of a minor for a driver [~~drivers~~ ] license must be signed by the person having custody of the minor. This should be the father or mother; if the minor is not in the custody of his father or mother, then his guardian should sign, and if not in the custody of any of the foregoing, his employer or the county judge of the county in which he resides may sign.

(b) - (d) (No change.)

(e) Request to withdraw or restore an authorization. A request to withdraw or restore an authorization must be submitted to the department in writing [~~to the department and notarized~~].

§15.28.Minor's Restricted Driver [~~Drivers~~] License Application.

(a) A minor's authorization certificate for licensing privileges is obtained by submitting a minor's restricted driver [ ~~drivers~~] license application [~~for driver license~~] to the department establishing the necessity for a minor age 15-18 to drive under the provisions set out in Texas Transportation Code, §521.223. Such applications may be obtained from any Texas Department of Public Safety office or by writing the Texas Department of Public Safety, Customer Service [~~Driver Records~~], Box 4087, Austin, Texas 78773-0370, or online at www.txdps.state.tx.us [~~78773-0360~~].

(b) - (d) (No change.)

(e) The department may require evidence or conductan [~~make any~~ ] investigation [~~necessary~~] for the purpose of confirming [ ~~confirmation~~] information furnished on any application for a driver's license or early enrollment authority under Texas Transportation Code, §521.223.

(f) (No change.)

(g) Minors restricted driver [~~driver's~~] license application [~~for driver's license~~] must be executed by an authorized adult in behalf of a minor with the adult and the minor signing the form and presenting it in person at a driver's license office.

(h) - (j) (No change.)

§15.29.Driver Education Forms.

Driver education students, ages 15 through 17, must present the proper driver education form verifying that an approved driver education course has been satisfactorily completed.

(1) Driver education applications.

(A) A Texas driver education course to be used as the basis for applying for a driver [~~drivers~~] license must conform to the current Texas Education Agency-Department of Public Safety joint agreement approved by the governor's office.

(B) Driver education certificate must be presented to verify all required information.

(C) A certificate showing completion of the class instruction phase authorizes the applicant to take an examination for a learner license [~~an instruction permit~~] only, restricted to an accompanying driver. This restriction cannot be removed until age 16 is reached and laboratory experience is completed, or applicant reaches age 18, or other special authorizations are presented.

(D) A learner license [~~Instruction permits~~] issued to an applicant [~~applicants~~] who failed to complete concurrent driver education class instruction courses will be cancelled by the department.

(E) A certificate showing completion of laboratory experience authorizes the department to examine the licensee after he reaches age 16 for removal of the accompanying driver restriction.

(F) Driver education affidavits will be used only when it is impossible for the actual instructor to sign.

(G) Driver education certificates issued by a jurisdiction or agency other than one of the 50 united states must be approved by a driver [~~drivers~~ ] license supervisor or his delegate.

(H) A certificate from any state showing completion of an approved course in driver education will be accepted. Applications with certificates showing completion of only classroom instruction may be accepted for restricted license, and applications with certificates showing completion of both behind-the-wheel and classroom may be accepted for an unrestricted license.

(2) Form DE-964A. The prescribed driver education certificate contains applicable items for certification of classroom or laboratory training, and an affidavit for use by the school when it is impossible to obtain the signature of the certified instructor.

(3) Applicants under age 18 applying for Class M license.

(A) Persons under age 18 enrolling in a Department-Approved Basic Motorcycle Operator Training Course must have successfully completed the classroom phase of driver education. The form DE-964E must be presented as evidence of completion as a prerequisite to enrolling in a Department-Approved Basic Motorcycle Operator Training Course.

(B) Persons 15 to 17 years of age applying for a Class M license or adding a Class M to an existing license must have completed the classroom phase of driver education and have completed a Department-Approved Basic Motorcycle Operator Training Course.

(C) Persons 15 to 17 years of age applying for a Class M learner license [~~instruction permit~~] must have completed the classroom phase of driver education and have completed a Department-Approved Basic Motorcycle Operator Training course.

(D) Any driver education instructor desiring to teach the Department-Approved Basic Motorcycle Operator Training Course must successfully complete the Motorcycle Safety Foundation's Motorcycle Instructor's Course and be certified by that organization. Persons desiring information on this program should be referred to the DPS Motorcycle Operator Training Section in Austin.

§15.30.Identification Certificates.

(a) - (b) (No change.)

~~[(c) Basic requirements are as follows:]~~

~~[(1) age: no limits;]~~

~~[(2) fee: $15.00; except for applicants 60 years of age or older, the fee is $5.00;]~~

~~[(3) expiration: next birth date of applicant occurring six years after date of application; except that a certificate that is issued to a person 60 years of age or older does not expire.]~~

~~[(4) tests: none required.]~~

§15.31.Out-of-State Renewals.

(a) (No change.)

(b) The following Texas licensees may be issued a license without a photograph:

(1) an out-of-state Texas licensee who is required to hold a Texas license because of his domicile in Texas; and

(2) an out-of-state Texas licensee who should hold a Texas license under the one license concept because of his domicile in Texas.

(3) an out-of-state Texas licensee applying for renewal who is 78 years of age or younger on the expiration date of their current license.

(d) Normal birth date expiration will be shown on the license plus "valid without photo" if the license is issued without a photograph. [~~to expiration date shown or until 45 days after return to Texas, whichever occurs first."~~]

(e) (No change.)

(f) Any other examinations in addition to vision required for the renewal of licenses in this category may be conducted by other jurisdictions and submitted to the department for approval. Duplicates and renewals issued to out-of-state applicants may [ ~~will~~] be issued without photographs.

(g) This section applies to a noncommercial driver [ ~~drivers~~] license (CDL) only. CDL licenses are not eligible to renew by mail.

§15.33.Renewal of Texas License with Validity Period Extended by Military Service.

(a) Holders of Texas driver [~~drivers~~] licenses whose validity period has been extended by military service for more than two years beyond normal expiration date must present extended Texas driver [~~drivers~~] license and proof of military service when applying for renewal.

(b) If application is made two or more years after the original expiration date, the expired, but extended, Texas driver [~~drivers~~ ] license and separation papers from the military service are required to verify that license was valid when applicant entered the service.

§15.34.Renewal Period Prior to Expiration.

(a) Provisional licenses may be renewed [ ~~normally are not renewed more than~~] 30 days before expiration; applicants required to register under Chapter 62, Code of Criminal Procedure may be renewed 60 days before expiration; all others may normally be renewed 12 months before expiration.

(b) Any class license, except as otherwise noted, may be renewed 12 months before expiration date. Earlier renewals will be accepted for good cause.

(1) Any application for the renewal of a provisional license other than within 30 days of the 18th birthday will require a Texas Education Agency Verification of Enrollment and Attendance form. The enrollment and attendance form is valid for 30 days from date of signature during the regular semester and is valid for 90 days from date of signature during the summer break.

[(2) An instruction permit may be renewed any time for the appropriate photo-type license. If renewed, an instruction permit must be renewed for the appropriate type photograph license at the time the learner's restriction is removed or upon its expiration. It will not be renewed for another instruction permit, but may be renewed as a learner's license with the appropriate restriction.]

(2) [~~(3)~~] Applicants for renewal of licenses must present evidence of eligibility plus one other piece of personal identification if the license is not presented, if necessary to identify the applicant, prior to renewal.

(3) [~~(4)~~] Applicants for renewal of a license will be required to complete a DL-43, Texas Driver License and Identification Renewal-Duplicate Application.

§15.35.Renewal of a Texas Driver [~~Drivers~~] License Expired over Two Years.

Any person whose Texas driver [~~drivers~~] license has been expired over two years must apply as an original applicant and pass all required examinations.

§15.36.Applications for Duplicates and Corrections.

(a) A licensee is required to notify the department of any change of name or address within 30 days and apply for a duplicate license when such change occurs. If the licensee holds a Texas driver license and Texas Identification card, they will be required to update both cards or surrender the card with obsolete information.

(b) An application for duplicate will be accepted in any of the following cases:

(1) when a Texas driver [~~drivers~~] license, including an occupational driver license or learner license [~~drivers licenses and instruction permits~~], has been lost, destroyed, marred, or mutilated;

(2) when an out-of-state, no-photo licensee returns to Texas, before or after the expiration of 45 days;

(3) when there has been a change in any other pertinent information.

§15.37.Medical History Questions--Original and Renewal.

An applicant for an original or renewal of a Texas driver [ ~~drivers~~] license must answer certain questions relating to their physical and mental condition prior to licensing.

§15.38.Fee Exemption.

Veterans desiring fee exemptions for driver [ ~~drivers~~] license must present proof of eligibility.

(1) Veterans who are:

(A) honorably discharged from the armed services of the United States;

(B) who have 60% or more service-connected disability; and

(C) who receive compensation from the federal government because of the disability are exempt from original, renewal, examination, or duplicate driver [~~drivers~~] license fees.

(2) Any disabled veteran may waive his fee exemption. Application and payment of fee will be considered as such a waiver and no refund of fee will be made.

(3) When renewing by mail, the proof of eligibility must be submitted with the renewal by mail invitation.

(4) These provisions do not apply to applicants for a commercial driver [~~drivers~~] license (CDL) or to an applicant subject to the registration requirements of Code of Criminal Procedure, Chapter 62.

§15.39.Verification of Enrollment and Attendance.

(a) The issuance of a driver [~~drivers~~] license to any person under the age of 18 [ ~~on or after September 1, 1989,~~ ] is prohibited unless the person:

(1) has obtained a high school diploma or its equivalent (GED); or

(2) has been enrolled for at least 45 days, and is currently enrolled in a program to prepare persons to pass the high school equivalency exam (GED); or

(3) is a student currently enrolled, or during the summer was enrolled at the end of the spring semester, in a public or private school (includes home school students) and who attended classes at least 80 days during the fall or spring semester immediately preceding the date of application; or

(4) has received MRDL authorization to obtain a license.

(b) - (d) (No change.)

§15.40.Application Fee.

(a) After completion of an original application for the type and class of license that the applicant needs, it is necessary to collect the proper fee for the license requested[~~, i.e., $5.00, instruction permit; $24, regular driver's license; and $60, commercial driver's license~~]. A transaction service fee shall be added to each application fee collected as provided by §2054.1115(a) Government Code. If it is determined during completion of the application forms that the applicant is clearly ineligible for the immediate issuance of the license sought (disqualified, suspended, denied, revoked, or "immediate hazard under MAB considerations"), the fee will not be collected and the proper explanation and instructions will be given to the applicant.

(b) - (c) (No change.)

[(d) The application fee will be valid for only one driver license office and will not be transferable from one office to another. Should an applicant desire to take tests at another location, an additional application and application fee will be required for the second location. An application fee submitted to a schedule operation will be valid at any of the locations served by that schedule.]

[(e) An individual who has had a Texas driver's license which has been expired over two years but who continues to be in the driver record system is not an original applicant under this section and is considered a renewal.]

§15.42.Social Security Number.

(a) (No change.)

(b) When a social security number is originally obtained, it is mandatory that documentation be provided to verify the number. Documentation may include:

(1) - (3) (No change.)

(4) Military identification (Applies to active, reserve and dependent status [ ~~Active and reserve duty personnel only, not acceptable for dependents~~]),

(5) - (9) (No change.)

§15.44.Driver [~~Drivers~~] License Photograph.

A color photograph of a licensee may be obtained through any medium which produces a retrievable visual image including, but not limited to, film, videotape, digital or visual imagery, or any other technology which may be approved by the director.

§15.48.Optional Selective Service Registration.

(a) Applicants for a driver license or identification certificate, who are male and at least 18 but less than 26 years of age, will be provided the opportunity to register for the United States Selective Service.

(b) (No change.)

(c) Applicants completing a transaction in a Driver License Office will be provided a Selective Service Consent statement. The applicant's response will be recorded and become a part of the driver history record. [This response will also be printed on the applicant's receipt upon completion of the transaction. It is the applicant's responsibility to verify that the correct response has been recorded, as this is the only indicator the applicant will receive from the department.]

(d) Applicants invited to complete a transaction by an alternate method will receive the Selective Service Consent statement with the mailed notice.

(1) Applicants completing a transaction via the Internet must verify their response as recorded on the confirmation page as this is the only indicator they will receive from the Department.

(2) Applicants completing a transaction via the mail must indicate their response on the notice returned to the department. No confirmation of the applicant's response will be returned by the department [~~Department~~].

(3) Applicant completing a transaction via the telephone will not receive a confirmation of their response from the department.

(e) - (f) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 24, 2009.

TRD-200903055

Lamar Beckworth

Director

Texas Department of Public Safety

Earliest possible date of adoption: September 6, 2009

For further information, please call: (512) 424-2135

37 TAC §15.41, §15.47

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin, Texas.)

The Texas Department of Public Safety proposes the repeal of Subchapter B, §15.41 and §15.47, concerning Application Requirements--Original, Renewal, Duplicate, Identification Certificates. Section 15.41 specific to the voter registration application form is being repealed as this transaction is now the collection of information in an automated process in the driver license system. Section 15.47 specific to the electronically readable information on the magnetic stripe of a driver license, commercial driver license, or identification card is being repealed as §521.126 of the Transportation Code provides for the provisions of electronically readable information on a driver license or identification card.

Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the repeals are in effect there will be no fiscal implications for state or local government or local economies.

Mr. Ybarra also has determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the repeals as proposed. There are no anticipated economic costs to individuals who are required to comply with the repeals as proposed. There is no anticipated negative impact on local employment.

In addition, Mr. Ybarra has also determined that for each year of the first five-year period the repeals are in effect, the public benefit anticipated as a result of enforcing the repeals will be current and updated rules.

The Department has determined that Chapter 2007 of the Texas Government Code does not apply to these repeals. Accordingly, the Department is not required to complete a takings impact assessment regarding these repeals.

Comments on the proposal may be submitted to Ron Coleman, Program Specialist IV, Driver License Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78765-0300, (512) 424-7652.

The repeals are proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the Department's work; and Texas Transportation Code, §521.165.

Texas Government Code, §411.004(3) and Texas Transportation Code, §521.165 are affected by this proposal.

§15.41.Voter Registration.

§15.47.Electronically Readable Information.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 24, 2009.

TRD-200903064

Lamar Beckworth

Director

Texas Department of Public Safety

Earliest possible date of adoption: September 6, 2009

For further information, please call: (512) 424-2135

SUBCHAPTER C. EXAMINATION REQUIREMENTS

37 TAC §§15.52, 15.54, 15.56, 15.59

The Texas Department of Public Safety proposes amendments to Subchapter C, §§15.52, 15.54, 15.56, and 15.59, concerning Driver License Rules. Amendments to the sections are necessary in order to further align the rules with existing statute and to repeal rules addressed in statute. Terms have been modified to align with industry standards, i.e., "driver's" to "driver" and "instruction permit" to "learner license." Rule changes also provide that licenses issued by the department, including driver licenses, minor's restricted driver licenses, learner licenses, and occupational and interlock licenses will be issued with a photograph with current information being displayed on each license or identification certificate issued.

Comments on the proposal may be submitted to Ron Coleman, Program Specialist IV, Driver License Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78765-0300, (512) 424-7652.

Texas Government Code, §411.004(3) and Texas Transportation Code, §521.165 are affected by this proposal.

§15.52.Knowledge Examination.

The department administers examinations to determine an applicant's knowledge of the traffic laws of Texas and such applicant must meet a predetermined score of 70% correct, or better, on each test to qualify for a driver [~~drivers~~] license. Although the applicant must understand highway signs in the English language and must have a knowledge of the traffic laws of the state, literacy itself is not a condition which must be met before a Texas driver [ ~~drivers~~] license can be issued. Understanding is not considered to be synonymous with speaking the language. Written and oral examinations will be offered in English and Spanish only. Oral tests will be administered when actually needed.

§15.54.Vehicle Inspection.

The department inspects vehicles prior to road testing to determine if such vehicle meets the requirements of law and is safe to operate on a public street or highway.

(1) Registration of vehicles.

(A) Texas law does not require the license of the driver and the registration of the vehicle to be from the same state. Hence, residents of Texas may legally operate vehicles registered properly in other states; and nonresidents properly licensed in their home states may legally operate a Texas registered vehicle. Many states do require driver [~~drivers~~ ] license and registration to be issued by the same state.

(B) Farm registered vehicles may be legally used for authorized farm and ranch purposes and family transportation to church, to school, to a doctor, or to obtain family necessities, but not for gainful employment.

(2) (No change.)

(3) Vehicle inspection.

(A) Inspection certificate. The inspection certificate must be:

(i) a current Texas vehicle inspection certificate properly affixed for all motor vehicles registered in Texas;

(ii) for valid out-of-state vehicle inspection certificates that are acceptable, refer to §4.37 [~~§3.72~~] of this title (relating to Acceptance of Out-of-State Vehicle Inspection Certificate [~~Certificates~~]);

(iii) no inspection certificate is required for a Texas-registered vehicle which was out of the state of Texas during an inspection period during the first trip to the home station or destination in Texas and for three days thereafter.

(B) Vehicle inspection for road tests in Class C vehicles and Class A and B vehicles under 80 inches wide. The following will be inspected:

(i) - (x) (No change.)

(xi) registration receipts if used for commercial driver [ ~~drivers~~] license (CDL) test.

(4) (No change.)

§15.56.Road Test.

(a) The department administers a road test to determine an applicant's ability to exercise ordinary and reasonable control of a motor vehicle; such applicant must meet a predetermined score. The road test will be given in English or Spanish only and will consist of three separate standalone examinations, designated as the on-street test, the backing test, and parallel parking test, and will include the following maneuvers:

(1) - (16) (No change.)

(b) (No change.)

§15.59.Alternate Methods For Driver License Transactions.

(a) - (c) (No change.)

(d) The following licensees will not be considered eligible to renew their license by an alternate method:

(1) holders of a learner, provisional [or] occupational [~~license~~ ] or commercial driver license (CDL);

~~[(2) licensees whose driver license reflects a restriction to driving with telescopic lenses or telescopic aids;]~~

(2) [~~(3)~~] licensees whose record [~~driver license~~] reflects administrative or card status [~~restrictions~~ ] because of driving ability or a medical condition that requires a periodic review, including any medical or physical condition that may affect the licensees' ability to safely operate a motor vehicle;

(3) [~~(4)~~] any licensee whose license is suspended, canceled, revoked, or denied;

(4) [~~(5)~~] any licensee applying for renewal that will be 79 years of age or older on the expiration of their current license [~~that to the best of the department's knowledge has an outstanding warrant or capias on a case filed by a DPS officer~~];

(5) [~~(6)~~] any licensee who does not have a social security number and digital image on file with the department; or

(6) [~~(7)~~] any licensee subject to the registration requirements of Chapter 62, Code of Criminal Procedure.

(e) The following identification certificate holders will not be considered eligible to renew or duplicate their certificate and the following driver license holders will not be considered eligible to duplicate their license by an alternate method:

(1) - (3) (No change.)

(4) any applicant who does not have a social security number on file with the department; or

~~[(5) any applicant that to the best of the department's knowledge has an outstanding warrant or capias on file by a DPS officer; or]~~

(5) [~~(6)~~] any applicant that holds a commercial driver license.

(f) - (i) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 24, 2009.

TRD-200903056

Lamar Beckworth

Director

Texas Department of Public Safety

Earliest possible date of adoption: September 6, 2009

For further information, please call: (512) 424-2135

SUBCHAPTER D. DRIVER IMPROVEMENT

37 TAC §§15.81 - 15.83, 15.85, 15.87

The Texas Department of Public Safety proposes amendments to Subchapter D, §§15.81 - 15.83, 15.85, and 15.87, concerning Driver License Rules. Amendments to the sections are necessary in order to further align the rules with existing statute and to repeal rules addressed in statute. Terms have been modified to align with industry standards, i.e., "driver's" to "driver" and "instruction permit" to "learner license." Rule changes also provide that licenses issued by the department, including driver licenses, minor's restricted driver licenses, learner licenses, and occupational and interlock licenses will be issued with a photograph with current information being displayed on each license or identification certificate issued.

Comments on the proposal may be submitted to Ron Coleman, Program Specialist IV, Driver License Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78765-0300, (512) 424-7652.

Texas Government Code, §411.004(3) and Texas Transportation Code, §521.165 are affected by this proposal.

§15.81.Definition of Terms.

The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) - (3) (No change.)

(4) Reexamination of drivers--will normally consist of a comprehensive review of the required examinations including the vision, rules and signs tests, and a driving demonstration. The driving demonstration is to determine if restrictions or limitations should be imposed, and may be more intensive than a routine driving test. Guidelines for requiring the reexamination include:

(A) minimum of six entries (convictions for moving violations and accidents where negligence is indicated) in a two-year period with a minimum of 3 entries within the 12 month period proceeding the examination request;

(B) determined by a Driver Improvement and Compliance Bureau [~~driver improvement~~] analyst following a review of two or more accidents within a 12-month period in which the licensee was at fault;

(D) recommendation by an experienced field representative of the department or any law enforcement agency following a thorough investigation showing clear and convincing evidence that such examination is reasonable and necessary.

(5) Reliable report--refers to any report that can be verified or substantiated.

§15.82.Notice of Suspension, Disqualification or Revocation. Order of Suspension, Disqualification and Revocation.

(a) - (c) (No change.)

(d) If the licensee does not request a timely hearing or a judge affirms the department's action, the department will mail to the licensee's mailing address or address of record an order of suspension, revocation or disqualification. The order will contain the dates of the suspension, revocation, or disqualification, [~~or the start date of a revocation,~~] and any [~~it will also provide all~~ ] necessary information for the reinstatement of the license. If the department has been notified that the address of record is no longer valid, a notice will not be mailed.

§15.83.Hearing Requests.

(a) - (b) (No change.)

(c) The written hearing request may [ ~~must either~~] be mailed, e-mailed or faxed to the department's Driver Improvement and Compliance Bureau in Austin at the address, e-mail address or fax number provided on the notice of suspension, revocation or disqualification.

(d) - (h) (No change.)

§15.85.Appeals.

(a) A licensee may appeal an affirmative finding by the presiding judge.

(b) The 30-day period for filing an appeal begins the date the department's suspension, revocation or disqualification order is dated and mailed.

(c) To perfect service on the department of a judicial appeal of a final order of the presiding officer, a defendant must send a file-stamped copy of the defendant's appeal petition certified by the clerk of the court in which the petition is filed, to the department's Driver Improvement and Compliance Bureau at its headquarters in Austin. A suspension will not be stayed until service is perfected according to this subsection.

(d) A 90-day stay will be effective from the date the Driver Improvement and Compliance Bureau receives the certified file-stamped petition. If there has not been a final decision by the appellate court, on the 91st day the department shall impose the suspension, probated suspension, disqualification, or revocation.

(e) If an affirmative finding by the presiding officer is reversed on appeal, the appellant shall notify the department by mailing a file-stamped copy of the judgment from the appellate court to the department's Driver Improvement and Compliance Bureau in Austin. This address is provided on the original notice of suspension, revocation or disqualification. Upon verification, the department shall lift the suspension, revocation or disqualification, which will be indicated on the individual's driving record.

§15.87.Cancellation of Driver License.

The department will cancel a driver [~~drivers~~] license upon confirmation of any of the following:

(1) nonpayment of fee;

(2) all applicants suspended in another state;

(3) death of authorizing signer;

(4) withdrawal of authorization for a minor;

(5) mental incapacity;

(6) some false statement convictions;

(7) failure to complete a concurrent driver education course;

(8) license issued to person not entitled thereto.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 24, 2009.

TRD-200903057

Lamar Beckworth

Director

Texas Department of Public Safety

Earliest possible date of adoption: September 6, 2009

For further information, please call: (512) 424-2135

SUBCHAPTER E. RECIPROCITY IN DRIVER LICENSING

37 TAC §§15.91 - 15.93

The Texas Department of Public Safety (Department) proposes amendments to Subchapter E, §§15.91 - 15.93, concerning Driver License Rules. Amendments to the sections are necessary in order to further align the rules with existing statute and to repeal rules addressed in statute. Terms have been modified to align with industry standards, i.e.; "driver's" to "driver" and "instruction permit" to "learner license." Rule changes also provide that licenses issued by the Department, including driver licenses, minor's restricted driver licenses, learner licenses, and occupational and interlock licenses will be issued with a photograph with current information being displayed on each license or identification certificate issued. Additionally, §15.91 is reformatted in order to allow for revisions regarding the nations to which the department has obtained a license reciprocal agreement.

Comments on the proposal may be submitted to Ron Coleman, Program Specialist IV, Driver License Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78765-0300, (512) 424-7652.

Texas Government Code, §411.004(3) and Texas Transportation Code, §521.165 are affected by this proposal.

§15.91.International Reciprocity.

(a) International reciprocity. International reciprocity in driver licensing between a state in the United States and another nation is determined, first, by international agreements between the United States and other countries, and, second, in the absence of any international agreement, by individual state laws. The Department of Public Safety complies with all driver [~~drivers~~] license reciprocal agreements. As of March, 1972, the 1949 World Convention on International Road Traffic was in force in the following countries:

(1) Albania;

(2) Algeria (DZ);

(3) Argentina (RA);

(4) Australia (AUS);

(5) Austria (A);

(6) Barbados;

(7) Belgium (B);

(8) Botswana;

(9) Bulgaria (BR);

~~[(10)Burundi;]~~

(10) [~~(11)~~] Cambodia (K);

~~[(12) Cameroon;]~~

(11) [~~(13)~~] Canada;

~~[(14) Central African Republic (RCA);]~~

~~[(15) Ceylon (CL);]~~

(12) [~~(16)~~] Chile (RCH);

~~[(17) China (RC);]~~

(13) [~~(18)~~] Congo (RCB) (Brazzaville);

(14) [~~(19)~~] Congo (CGO) (Kinshasa);

(15) [~~(20)~~] Cuba;

(16) [~~(21)~~] Cyprus (CY);

(17) [~~(22)~~] Czechoslovakia (CS);

~~[(23) Dahomey (DY);]~~

(18) [~~(24)~~] Denmark (DK);

(19) [~~(25)~~] Dominican Republic (DOM);

(20) [~~(26)~~] Ecuador (EC);

~~[(27) Equatorial Guinea;]~~

(21) [~~(28)~~] Fiji;

(22) [~~(29)~~] Finland (SF);

(23) [~~(30)~~] France (F);

(24) [~~(31)~~] Gambia;

(25) [~~(32)~~] Ghana (GH);

(26) [~~(33)~~] Greece (GR);

(27) [~~(34)~~] Guatemala (GCA);

(28) [~~(35)~~] Guyana;

(29) [~~(36)~~] Haiti (RH);

(30) [~~(37)~~] Hungary (H);

(31) [~~(38)~~] India (IND);

(32) [~~(39)~~] Ireland (IRL);

(33) [~~(40)~~] Israel (IL);

(34) [~~(41)~~] Italy (I);

(35) [~~(42)~~] Ivory Coast (CI);

(36) [~~(43)~~] Jamaica (JA);

(37) [~~(44)~~] Japan (J);

(38) [~~(45)~~] Jordan (JOR);

(39) [~~(46)~~] Korea;

(40) [~~(47)~~] Laos (LAO);

(41) [~~(48)~~] Lebanon (RL);

(42) [~~(49)~~] Luxembourg (L);

(43) [~~(50)~~] Madagascar;

~~[(51) Malagasy Republic (RM);]~~

(44) [~~(52)~~] Malawi (MW);

(45) [~~(53)~~] Malaysia (PTM);

(46) [~~(54)~~] Mali (RMM);

(47) [~~(55)~~] Malta;

(48) [~~(56)~~] Mauritius;

(49) [~~(57)~~] Monaco (MC);

(50) [~~(58)~~] Morocco (MA);

(51) [~~(59)~~] Netherlands (NL);

(52) [~~(60)~~] New Zealand (NZ);

(53) [~~(61)~~] Niger (NIG);

(54) [~~(62)~~] Norway (N);

(55) [~~(63)~~] Paraguay;

(56) [~~(64)~~] Peru (PE);

(57) [~~(65)~~] Philippines (PI);

(58) [~~(66)~~] Poland (PL);

(59) [~~(67)~~] Portugal (P);

(60) [~~(68)~~] Rumania (R);

(61) [~~(69)~~] Rwanda (RWA);

(62) [~~(70)~~] San Marino (RSM);

(63) [~~(71)~~] Senegal (SN);

(64) [~~(72)~~] Sierra Leone (WAL);

(65) [~~(73)~~] Singapore;

(66) [~~(74)~~] South African Republic (ZA);

(67) [~~(75)~~] Spain (E);

(68) [~~(76)~~] Swaziland;

(69) [~~(77)~~] Sweden (S);

(70) [~~(78)~~] Syria (SYR);

(71) [~~(79)~~] Tanzania; Zanzibar;

(72) [~~(80)~~] Thailand (T);

(73) [~~(81)~~] Togo (TG);

(74) [~~(82)~~] Trinidad and Tabago (TT);

(75) [~~(83)~~] Tunisia (TN);

(76) [~~(84)~~] Turkey (TR);

(77) [~~(85)~~] Uganda;

~~[(86) Union of Soviet Socialist Republics (SU);]~~

~~[(87) United Arab Republic (ET);]~~

(78) [~~(88)~~] United Kingdom (GB);

(79) [~~(89)~~] United States (USA);

(80) [~~(90)~~] Vatican City (V);

(81) [~~(91)~~] Venezuela (YV);

(82) [~~(92)~~] Viet Nam (VN);

~~[(93) Western Samoa;]~~

~~[(94) Yugoslavia (YU);]~~

(83) [~~(95)~~] Zambia.

[(b) Inter-American Convention on the Regulation of Inter-American Automotive Traffic. As of January, 1967, the 1943 Inter-American Convention on the Regulation of Inter-American Automotive Traffic was in force in the following countries which are not parties to the 1949 Geneva Convention. (Bolivia is the only American Republic that is not a party to either the 1949 or the 1943 agreements):]

~~[(1) Brazil;]~~

~~[(2) Colombia;]~~

~~[(3) Costa Rica;]~~

~~[(4) El Salvador;]~~

~~[(5) Honduras;]~~

~~[(6) Mexico;]~~

~~[(7) Nicaragua;]~~

~~[(8) Panama;]~~

~~[(9) Uruguay.]~~

[(c) Other Countries Honoring Agreements. The following countries, with the exception of Mexico, have ratified neither of the preceding agreements. They will, however, honor the provisions of those agreements:]

~~[(1) Mexico;]~~

~~[(2) Switzerland;]~~

~~[(3) Germany.]~~

(b) The countries or territories listed are either direct parties to one or both of the cited Conventions or the U.S. State Department considers them bound as beneficiaries by the signature of a former governor. NOTE: Until further notice, licenses from the following republics of the USSR and countries of the Baltics should be honored:

(1) Armenia;

(2) Azerbaijan;

(3) Belarus;

(4) Estonia;

(5) Kazakstan;

(6) Latvia;

(7) Lithuania;

(8) Moldova;

(9) Tajikistan

(10) Turkmenistan;

(11) Ukraine;

(12) Uzbekistan.

(c) [~~(d)~~] Provisions of international agreements. The international agreements honored by the countries listed in subsections (a) - (c) of this section provide the following.

(1) Reciprocal privileges are limited to ages 18 to 75 and for a period not to exceed one year from date of entry into the United States or other country.

(2) Reciprocal privileges are limited to private vehicles. Carriage of persons for hire or goods other than personal baggage of the occupants of the vehicles is not authorized. This excludes all commercial buses, trucks, and trailers.

(3) Every vehicle must have a registration certificate issued in accordance with the laws of the country of residence and identifying the vehicle and owner. The vehicle registration number must be shown on the rear of the vehicle or on a plate attached to the rear.

(4) The vehicle must also show on the rear an oval sign or plaque to indicate the country from which it comes.

(5) Every driver must have a valid driver's permit (license) issued by a contracting country or state or an international permit issued by an authorized authority in the form of a booklet containing identification and photograph of the bearer and pages printed in several languages including English.

(6) All countries ratifying the agreements are required to communicate to each other information regarding persons operating vehicles under the provisions of the agreement who are liable to proceedings for a driving offense or have been involved in a serious accident as a driver. In the United States, information of this kind should be reported by the appropriate state agency to the Department of State, Washington, D.C. 20520, referring to the "Convention on Road Traffic of 1949" or the "1943 Inter-American Convention on the Regulation of Inter-American Automotive Traffic."

(7) The United States Department of State does not issue international driving permits, but authorizes the American Automobile Association and the American Touring Alliance to issue oval United States plaques and international driving permits. In Texas the American Automobile Association issues international driving permits in El Paso, Houston, Fort Worth, and Austin. However, applications are accepted by any American Automobile Association office. The fee for an international permit is $3.00 when issued under the Geneva Convention and $2.00 when issued under the Inter-American Convention. Other governments also authorize their motoring associations to perform these services for their countries.

(8) A treaty entered into in 1943 between the United States and Mexico exempts any consular officer, members of his family, and employees who are Mexican nationals from paying the required licensing fees provided they are not engaged in any private occupation for gain and are able to show proper identification. The comptroller of public accounts issues consular exemption certificates and these will be accepted as sufficient identification to qualify for waiver of the driver's license fee.

(9) We must be governed wholly by state law in determining driver [~~drivers~~] license requirements for:

(A) drivers of private vehicles from countries which do not honor existing international agreements; and

(B) drivers of commercial vehicles from all foreign countries.

(10) On this basis, we presume that no reciprocity is extended to residents of Texas unless specific evidence is presented indicating otherwise. In the absence of specific evidence, such applicants are required to obtain a Texas driver [~~drivers~~] license.

(d) [~~(e)~~] Foreign Diplomats in the United States. The United States Code, Title 22, §§4301-4304, provides that the United States Department of State will provide certain benefits to foreign diplomats who are in the United States. It has been determined that a driver's license is one of these benefits. Based on interpretations of the State Department, the Department of Public Safety has been requested to deny issuance of a Texas driver's license to persons in this status due to the requirement that these persons obtain a Department of State driver's license. If any person is identified as having diplomatic status he will be denied a Texas license and referred to the Department of State. Foreign Diplomats are defined as: Ambassadors, Ministers, Minister Counselors, Counselors, First Secretaries, Second Secretaries, Third Secretaries, Consuls-General, Deputy Consuls-General, Consuls, and Vice Consuls. Only family members of Consuls may obtain a Texas driver's license.

§15.92.Reciprocity in Driver Licensing.

The Department grants like reciprocity for driver licensing to residents of other states.

(1) Nonresident recognition in Texas of licenses held by persons from other states, territories of the United States, provinces of Canada, and the United States military service is based upon Texas Transportation Code, §521.029, and administrative policies. Thus:

(A) residents of other states, including the District of Columbia but excluding United States territories and the provinces of Canada, who are at least 16 years of age may drive in Texas on a valid license from their home state, as a Class C or Class M driver only.

(B) residents of other states, the District of Columbia, and the provinces of Canada who are at least 18 years of age may drive the same vehicles in Texas which they are licensed to drive at home as a Class A, B, C, or M operator, provided like recognition is granted to citizens of Texas;

(C) for the purposes of determining nonresident reciprocity, United States territories are identified as follows: American Samoa, Commonwealth of Puerto Rico, Corn Islands, Guam, Midway Islands, Trust Territory of Pacific Islands, Virgin Islands, Canton, Baker, Carolina, Christmas, Danger, Enderbury, Flint, Funafuti, Howland, Jarvis, Johnston, Kingman, Navassa, Malden, Manahiki, Nukufetan, Nukulailai, Nurakita, Palmyra, Penrhyn, Rakahanga, Reef, Sand, Starbuck, Swan, Vostok, Wake, and Phoenix Group. Reciprocity or nonreciprocity exists with these territories as indicated by the following:

(i) Puerto Rico. One hundred twenty days for all classes;

(ii) Guam. Thirty days for all classes;

(iii) Trust Territory of Pacific Islands. All classes until residence is established;

(iv) all other territories. No reciprocity.

(D) In all cases where reciprocity exists with a United States territory, the driver must be at least 18 years of age.

(E) Exceptions to general reciprocity provisions are Illinois, where all operators of passenger cars, motorcycles, motor-driven cycles, and "not for hire" commercial vehicles must be at least 18 years of age; operators of taxicabs, school buses, and "for hire" commercial vehicles must be at least 21 years of age.

(2) Many states in addition to Texas extend the validity period of licenses issued to members of the military. Such extensions are honored for driving in Texas. A list of such extensions is furnished by the department.

(3) Any person on active United States military duty who has a valid driver [~~drivers~~] license issued by the United States Armed Forces in a foreign country may drive the following vehicles in Texas for 90 days from date of return to the United States:

(A) any vehicle designated on or by the license certificate;

(B) any vehicle of a lower class than that designated on the license certificate, except that motorcycles must be designated.

(4) Issuance in a foreign country may be determined by checking the location of issuance on the license certificate.

(5) Texas statutes can authorize driving in Texas only. Recognition by other states will depend on their statutes.

(6) The department adheres to the NATO agreement signed in 1951 which provides that the receiving state shall either:

(A) accept as valid, without a driving test or fee, the driving permit or license or military driving permit issued by the sending state or a subdivision thereof to a member of a force or a civilian component;

(B) issue its own driving permit or license to any member of a force or civilian component who holds a driving permit or license or military driving permit issued by the sending state or subdivision thereof, provided that no driving test shall be required. The NATO member countries are Belgium, Bulgaria, Canada, Czech Republic, Denmark, Estonia, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxemburg, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Turkey, United Kingdom of Great Britain and the United States of America; or

(C) permit members of the military and its civilian components to operate a vehicle in Texas with the permit, license, or military driving permit, appropriate for the class of vehicle being driven, issued by the sending state (country) or a subdivision; or issue its own permit (Texas license) after the applicant has taken the required vision tests and paid the required fee. The written knowledge tests and driving skills test will be waived when applying for a Texas license of the same or lower type. The members of the military or its civilian components of a NATO country may drive in Texas on their country's license appropriate for the class of vehicle being driven or be issued a Texas license after they have met all of the licensing requirements except for the written and driving tests, which will be waived unless applying for an advance in grade. This provision applies only to the actual members of the military or its civilian components, and it does not apply to the spouse or dependent of the member.

§15.93.Out-of-State Examinations and Applications.

(a) General. Driver [~~Drivers~~] license examinations and services for a nonresident in need of same may be given at the request of the licensing state or licensee from such state. The purpose of these examinations and services is to make it possible for the licensing state to renew, restrict, endorse, or reinstate a license for a person who is absent from the state. Department of Public Safety will conduct and honor driver [~~drivers~~] license examinations and services according to the following provisions.

(1) The agency responsible for the driver [~~drivers~~ ] license program in any state in the United States, in any province of Canada, or in any United States or Canadian military base outside the continental limits of the United States and Canada may sign and participate in this agreement.

(2) Any driver [~~drivers~~] license service authorized by a signatory for its own drivers will be conducted for a resident of any other jurisdiction which has signed this agreement when such resident shows to the satisfaction of the host jurisdiction need and entitlement to same.

(3) Except for specific cause to the contrary, all signatories to this agreement will accept as valid the results of tests conducted or services rendered by another signatory when properly certified.

(4) Any fees due a jurisdiction for which tests or services have been conducted should be transmitted by the applicant to the home jurisdiction. The host jurisdiction should collect and retain any examination and other authorized fees for services rendered.

(5) Tests for services not ordinarily authorized by the host jurisdiction or agency should be conducted only after special agreement between the jurisdictions or agencies involved.

(6) A signatory assumes responsibility only for the competence and accuracy of its services or certifications.

(7) The nonresident examinations and services authorized herein should not be conducted for persons who could reasonably return to the home state for the required examinations or services.

(8) In any case of a burdensome volume of nonresident tests or services, such tests or services may be postponed or suspended by notifying the jurisdictions involved.

(9) A signatory may at its discretion conduct examinations or services for a nonsignatory.

(b) Restriction or endorsement.

(1) A restriction or endorsement, such as "motorcycle also," can be added to an out-of-state license certificate only:

(A) after completion of the necessary tests and other requirements; and

(B) upon specific authorization from the licensing state.

(2) In the absence of specific authorization, the applicant may apply for a Texas license.

(c) Examination by request. The Driver Improvement and Compliance Bureau [~~improvement and control~~] or Texas citizens stranded in other states may request examination from such other states to clear Texas records. Such tests must be evaluated and approved by the Driver Improvement and Compliance Bureau [ ~~driver improvement and control~~] as meeting the necessary requirements before they may be accepted for Texas purposes.

(d) Testing for Department of State. Testing for the United States Department of State will be conducted by driver license personnel for the issuance of a Department of State driver's license. Testing may include vision testing, written tests, and driving tests. Unless tests are provided by the State Department, Texas tests will be administered. Test results will be recorded on documents provided by the State Department.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 24, 2009.

TRD-200903058

Lamar Beckworth

Director

Texas Department of Public Safety

Earliest possible date of adoption: September 6, 2009

For further information, please call: (512) 424-2135

SUBCHAPTER F. REGULATIONS IN MAINTAINING DRIVER RECORDS

37 TAC §15.101

The Texas Department of Public Safety proposes amendments to Subchapter F, §15.101, concerning Regulations in Maintaining Driver Records. Amendments to the section are necessary in order to further align the rules with existing statute and to repeal rules addressed in statute. Terms have been modified to align with industry standards, i.e.; "driver's" to "driver," "accident" to "crash" and "instruction permit" to "learner license." Rule changes also provide that licenses issued by the department, including driver licenses, minor's restricted driver licenses, learner licenses, and occupational and interlock licenses will be issued with a photograph with current information being displayed on each license or identification certificate issued.

Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the rule is in effect there will be no fiscal implications for state or local government or local economies.

Mr. Ybarra also has determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the section as proposed. There are no anticipated economic costs to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.

In addition, Mr. Ybarra has also determined that for each year of the first five-year period the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be to establish clearer policy guidelines for the issuance of Texas driver license and identification cards, processing of administrative actions and maintenance of driver related information.

The Department has determined that Chapter 2007 of the Texas Government Code does not apply to this rule. Accordingly, the Department is not required to complete a takings impact assessment regarding the rule.

Comments on the proposal may be submitted to Ron Coleman, Program Specialist IV, Driver License Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78765-0300, (512) 424-7652.

Texas Government Code, §411.004(3) and Texas Transportation Code, §521.165 are affected by this proposal.

§15.101.Records Required.

(a) All courts having jurisdiction over violations of the traffic laws of Texas are required by statute to report such convictions to the department.

(b) The department is required by law to maintain records on licensed drivers, including convictions for traffic law violation charges and incidents of crash [~~accident~~] involvement. Prior to licensing or relicensing an individual, an examination is to be made of the records and applicants with a history of convictions for traffic violations and incidents of crash [ ~~accident~~] involvement and can be denied a license as being inimical to public safety.

(c) The department shall not be required to maintain such records when, in the opinion of the director, they are no longer necessary for the purpose of suspension, revocation, cancellation, disqualification, or denial of a driver [ ~~drivers~~] license.

(1) Records of original application, examination and reports of convictions resulting in automatic suspension are kept on microfilm electronic image, or any other technology which may be approved by the Director. History records containing conviction, crash and administrative information on the licensee are kept in computer form.

(2) The department interprets its responsibility for record keeping to identify those drivers experiencing difficulty in the operation of a motor vehicle involving the safety and welfare of others and considers these factors in withholding or withdrawing an individual's driving privileges as provided by statute.

(3) Violations creating a hazard to other persons or property are maintained.

(4) Convictions resulting in automatic suspension of license are kept indefinitely. Those convictions not resulting in automatic suspension of license and incidents of accident involvement are removed from the record [~~after five years~~ ] by administrative authority granted by statute.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 24, 2009.

TRD-200903059

Lamar Beckworth

Director

Texas Department of Public Safety

Earliest possible date of adoption: September 6, 2009

For further information, please call: (512) 424-2135

SUBCHAPTER G. DENIAL OF RENEWAL OF DRIVER'S LICENSE FOR FAILURE TO APPEAR FOR TRAFFIC VIOLATION

37 TAC §15.111, §15.112

The Texas Department of Public Safety proposes the repeal of Subchapter G, §15.111 and §15.112, concerning Denial of Renewal of Driver's License for Failure to Appear for Traffic Violation. Section 15.111 specific to the purpose and scope for the renewal of driver license for failure to appear for traffic violations is being repealed as provisions regarding purpose and scope may be found in Texas Transportation Code, Chapter 706. Section 15.112 specific to the Authority to Enter Interlocal Contract for services of denying the renewal of driver's license for failure to appear for traffic violation is being repealed as these provisions may be found in Texas Transportation Code, Chapter 706.

Comments on the proposal may be submitted to Ron Coleman, Program Specialist IV, Driver License Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78765-0300, (512) 424-7652.

Texas Government Code, §411.004(3) and Texas Transportation Code, §521.165 are affected by this proposal.

§15.111.Purpose and Scope.

§15.112.Authority To Enter Interlocal Contract.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 24, 2009.

TRD-200903065

Lamar Beckworth

Director

Texas Department of Public Safety

Earliest possible date of adoption: September 6, 2009

For further information, please call: (512) 424-2135

SUBCHAPTER G. DENIAL OF RENEWAL OF DRIVER LICENSE FOR FAILURE TO APPEAR FOR TRAFFIC VIOLATION

37 TAC §15.113, §15.114

The Texas Department of Public Safety proposes amendments to Subchapter G, §15.113 and §15.114, concerning Denial of Renewal of Driver License for Failure to Appear for Traffic Violation. Amendments to the sections are necessary in order to further align the rules with existing statute and to repeal rules addressed in statute. Terms have been modified to align with industry standards, i.e.; "driver's" to "driver," "accident" to "crash" and "instruction permit" to "learner license." Rule changes also provide that licenses issued by the department, including driver licenses, minor's restricted driver licenses, learner licenses, and occupational and interlock licenses will be issued with a photograph with current information being displayed on each license or identification certificate issued.

Comments on the proposal may be submitted to Ron Coleman, Program Specialist IV, Driver License Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78765-0300, (512) 424-7652.

Texas Government Code, §411.004(3) and Texas Transportation Code, §521.165 are affected by this proposal.

§15.113.Contract with Private Vendor.

The department may contract [~~has contracted~~] with a private vendor to implement the provisions of Texas Transportation Code, Chapter 706. The vendor shall be the primary custodian of all failure to appear violator records and will receive and process reports from contracting local political subdivisions. The vendor will also maintain readily accessible customer-support services, including a toll-free telephone service, to advise license holders on how to contact the court in which the failure to appear or failure to pay report originated.

§15.114.Originating Court To File Failure To Appear Report.

If a person fails to appear or fails to pay or satisfy a judgment as provided in Texas Transportation Code, Chapter 706, a local political subdivision may submit a report to the contract vendor for entry into the failure to appear/failure to pay database [~~failure to appear report to the department~~]. The local political subdivision shall make reasonable efforts to ensure that each report is accurate, complete, and nonduplicative. The report shall include [~~the following~~ ] information as prescribed by the department. [:]

~~[(1) the name of the political subdivision submitting the report;]~~

~~[(2) the jurisdiction in which the alleged offense occurred;]~~

~~[(3) the name, date of birth, and the Texas driver license number of the person alleged to have failed to appear or failed to pay or satisfy a judgment;]~~

~~[(4) the date of the alleged violation;]~~

~~[(5) a brief description of the alleged violation;]~~

~~[(6) a statement that the person failed to appear or failed to pay or satisfy a judgment;]~~

~~[(7) the date that the person failed to appear or failed to pay or satisfy a judgment; and]~~

~~[(8) any other information required by the department.]~~

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 24, 2009.

TRD-200903060

Lamar Beckworth

Director

Texas Department of Public Safety

Earliest possible date of adoption: September 6, 2009

For further information, please call: (512) 424-2135

SUBCHAPTER H. ADVERTISING

37 TAC §15.131

The Texas Department of Public Safety proposes amendments to Subchapter H, §15.131, concerning Advertising. Amendments to the section are necessary in order to further align the rule with existing statute and to repeal rules addressed in statute. Terms have been modified to align with industry standards, i.e.; "driver's" to "driver," "accident" to "crash" and "instruction permit" to "learner license."

In addition, Mr. Ybarra has also determined that for each year of the first five-year period the rule is in effect, the public benefit anticipated as a result of enforcing the rules will be to establish clearer policy guidelines for the issuance of Texas driver license and identification cards, processing of administrative actions and maintenance of driver related information.

Comments on the proposal may be submitted to Ron Coleman, Program Specialist IV, Driver License Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78765-0300, (512) 424-7652.

Texas Government Code, §411.004(3) and Texas Transportation Code, §521.165 are affected by this proposal.

§15.131.Advertising in Texas Driver [~~Drivers~~] Handbook and Driver License Mailings.

The department may contract with a person or a small or large business to provide advertising in any [~~the~~] Texas Driver [~~Drivers~~] Handbook or mailing. The ad price will be based on circulation at the time of ad purchase, ad placement, and printing costs. The frequency of printing the handbooks or mailings is driven by the department [print schedule of the Reproduction Bureau. The appropriate personnel such as Graphics, Reproduction, and Cost Recovery will coordinate work efforts such as advertising specifications (camera ready ads, number of colors within ads, ad location, and printing deadlines)].

(1) All advertisements solicited by the department must be in good taste and must be approved by the appropriate department authority prior to use in the handbook or mailings.

(2) The following subjects or types of advertising may not be included in the handbook or mailings:

(A) religious ads;

(B) controversial organizations;

(D) tobacco ads;

(E) ads contrary to agency goals;

(F) political ads;

(G) gambling ads;

(H) controversial issues;

(I) alcoholic beverage ads;

(J) personal or offensive issues; and

(K) ads which mention the department anywhere in the advertisement.

(3) The department reserves the right to add additional exclusions if warranted to be in the public's best interest.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 24, 2009.

TRD-200903061

Lamar Beckworth

Director

Texas Department of Public Safety

Earliest possible date of adoption: September 6, 2009

For further information, please call: (512) 424-2135

SUBCHAPTER J. DRIVER RESPONSIBILITY PROGRAM

37 TAC §15.163

The Texas Department of Public Safety proposes amendments to Subchapter J, §15.163, concerning Driver Responsibility Program. Amendments to the section are necessary in order to further align the rules with existing statute and to repeal rules addressed in statute. Terms have been modified to align with industry standards, i.e.; "driver's" to "driver," "accident" to "crash" and "instruction permit" to "learner license." Rule changes also provide that licenses issued by the department, including driver licenses, minor's restricted driver licenses, learner licenses, and occupational and interlock licenses will be issued with a photograph with current information being displayed on each license or identification certificate issued.

Comments on the proposal may be submitted to Ron Coleman, Program Specialist IV, Driver License Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78765-0300, (512) 424-7652.

Texas Government Code, §411.004(3) and Texas Transportation Code, §521.165 are affected by this proposal.

§15.163.Amnesty, Incentive and Indigency Programs.

(a) The department may provide for amnesty, incentive and indigency programs under the Driver Responsibility Program.

(b) The Amnesty Program will consist of an agreement made between the department and an individual to reduce a surcharge assessment based upon compliance with the law. The Amnesty Program will apply to surcharges for Failure to Maintain Insurance and Driving Without a Valid License.

(1) For a No Insurance surcharge, the assessment may be reduced to 75% of the initial assessment if the individual provides proof of insurance satisfactory to the department.

(A) The individual will be required to maintain liability insurance for the term of the surcharge assessment to qualify for the reduction each year.

(B) The individual will be required to present proof of insurance at the time of payment. If the individual enters an installment agreement, proof of insurance must be presented with each payment made to the department.

(C) Proof of insurance submitted by the individual may be verified by the department through the Financial Responsibility Verification program. Proof of insurance which cannot be verified may no longer be considered valid.

(D) [~~(C)~~] If the individual fails to comply with subparagraphs (A) and (B) or defaults on the payment plan during the reduced assessment period, the amnesty provision will be voided and the full assessment will be applied.

(2) For a Driving Without a Valid License surcharge, the assessment may be reduced to 75% of the initial assessment if the individual obtains the appropriate driver license for the type of vehicle for which the offense was issued.

(A) The individual will be required to maintain a valid driver license for the term of the surcharge assessment to qualify for the reduction each year.

(B) If the individual fails to maintain a valid driver license as required or defaults on the payment plan during the reduced assessment period, the amnesty provision will be voided and the full assessment amount will be applied.

(c) The Incentive Program will consist of an agreement made between the department and an individual to reduce surcharge assessments based upon compliance with the surcharge program. The Incentive Program will apply to surcharges for Points, Intoxication and Driving While License Invalid.

(1) At the annual review for a second surcharge assessment, if the driver record reflects no additional convictions subject to the Driver Responsibility Program, the second surcharge assessment will be reduced to 90% of the full assessment.

(2) At the annual review for a third surcharge assessment, if the driver record reflects no additional convictions subject to the Driver Responsibility Program, the third surcharge assessment will be reduced to 80% of the full assessment.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 24, 2009.

TRD-200903062

Lamar Beckworth

Director

Texas Department of Public Safety

Earliest possible date of adoption: September 6, 2009

For further information, please call: (512) 424-2135

CHAPTER 16. COMMERCIAL DRIVER LICENSE

SUBCHAPTER A. LICENSING REQUIREMENTS, QUALIFICATIONS, RESTRICTIONS, AND ENDORSEMENTS

37 TAC §§16.3, 16.4, 16.8, 16.9, 16.11, 16.12

The Texas Department of Public Safety proposes amendments to Subchapter A, §§16.3, 16.4, 16.8, 16.9, 16.11 and 16.12, concerning Licensing Requirements, Qualifications, Restrictions, and Endorsements. The title of the chapter is changed to "Commercial Driver License." The amendments to the sections are necessary in order to address Federal Motor Carrier Safety Administration (FMCSA) findings during the 2006 review of Texas' CDL program. These amendments further align Chapter 16 rules to new and previously existing statutory requirements governing Commercial Driver License issuance procedures where FMCSA determined the statute and/or rule was not clear enough for enforcement purposes.

In addition, Mr. Ybarra has also determined that for each year of the first five-year period the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be clarification on the rules for commercial drivers and aligns the current rules with the federal regulations to ensure any conflicts between statutes and, federal regulations are negated.

Comments on the proposal may be submitted to Ron Coleman, Program Specialist IV, Driver License Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78765-0300, (512) 424-7652.

Texas Government Code, §411.004(3) and Texas Transportation Code, §521.165 are affected by this proposal.

§16.3.Persons Exempted.

Persons exempted from commercial driver [~~driver's~~] license (CDL) requirements are:

(1) A person operating a vehicle that is controlled and operated by a farmer which is used to transport agricultural products, farm machinery, or farm supplies to or from a farm and which is not used in the operations of a common or contract carrier and used within 150 miles of the person's farm.

(A) Under this exemption, a rancher is considered a farmer.

(B) A farmer and his farmhands are equally exempt when the farmhands are in the employ of the farmer.

(C) One who purchases a crop in a field and only harvests and transports the produce, but takes no part in the planting and cultivating of the product, is not considered a farmer.

(D) One who purchases acres of growing timber and cultivates and harvests it over a period of months or years is considered a farmer.

(2) A person operating a fire fighting or emergency vehicle necessary to the preservation of life or property or the execution of emergency governmental functions, whether operated by an employee of a political subdivision or by a volunteer fire fighter, or a fire fighter employed by a private company, for example, a refinery. This would not exempt operators of vehicles used by utility companies.

(A) Drivers of industrial emergency response vehicles, including an industrial ambulance are exempt only if the vehicle is operated in compliance with criteria established by the Texas Industrial Fire Training Board or the State Firemen's and Fire Marshall's Association of Texas.

(B) Drivers of public or private ambulances are exempt only if they have been issued a license by the Department of State Health Services [~~Texas Department of Health~~].

(3) A person operating a military vehicle or a commercial motor vehicle, when operated for military purposes by military personnel, members of the reserves and national guard on active duty (including personnel on full-time national guard duty), personnel on part-time training duty, and national guard military technicians. This exemption includes the operation of vehicles leased by the United States government for use by the military branches of government.

(4) A person operating a vehicle that is a recreational vehicle that is driven for personal use.

(A) For purposes of this exemption recreational vehicle means a vehicular type unit primarily designed as temporary living quarters for recreational camping or travel use that either has its own motive power or is mounted on or towed by another vehicle.

(B) This exemption includes travel trailers, camping trailers, truck campers, and motor homes.

(5) A person operating a vehicle that is owned, leased, or controlled by an air carrier, as defined by Texas Transportation Code, §21.155(d), and that is driven or operated exclusively by an employee of the air carrier only on the premises of an airport, as defined by Texas Transportation Code, §22.001(2), on service roads to which the public does not have access.

(6) A person operating a vehicle used exclusively to transport seed cotton modules or cotton burrs.

§16.4.Classes of Commercial Driver [~~Driver's~~] Licenses.

(a) Class A commercial driver [~~driver's~~] license (CDL) authorizes the driving of any combination of vehicles with a gross combination weight rating (GVWR) of 26,001 pounds or more, providing the gross vehicle weight rating (GVWR) of the vehicle or vehicles being towed exceeds 10,000 pounds. If multiple vehicles are being towed, the weight of each towed vehicle will be added together to determine whether the towed vehicles exceed 10,000 pounds, even though no one vehicle being towed exceeds 10,000 pounds.

(b) Class B CDL authorizes the driving of any single vehicle with a GVWR of 26,001 pounds or more, any one of those vehicles towing a vehicle that does not exceed 10,000 pounds GVWR, and any vehicle designed to transport 24 passengers or more, including the driver.

(c) Class C CDL authorizes the driving of any single vehicle with a GVWR of less than 26,001 pounds, [~~and~~] any one of those vehicles towing another vehicle with a GVWR that does not exceed 10,000 pounds, or any vehicle [~~when either is~~]:

(1) designed to transport 16 to 23 or more passengers, including the driver; or

(2) used in transportation of hazardous materials that require the vehicle to be placarded under 49 Code of Federal Regulations, Part 172, Subpart F. Hazardous materials has the meaning assigned by the Hazardous Materials Transportation Act (49 United States Code §1801 et seq.).

(d) Persons who operate motorcycles which carry hazardous materials that require a placard must hold a Class M license in conjunction with a Class A, B, or C CDL.

§16.8.Qualifications To Drive in Interstate Commerce.

(a) Interstate commerce is transportation of persons or property (a commodity) which crosses state or international boundaries. The bill of lading will be an indicator as to whether a shipment or commodity is interstate or intrastate. If there is no bill of lading, the origin and destination of the shipment will be an indicator.

(b) A person applying for a commercial driver [~~driver's~~ ] license (CDL) which authorizes operation of a commercial motor vehicle (CMV) in interstate commerce, must meet the following requirements.

(1) Except for the issuance of a nonresident CDL, the [~~The~~ ] applicant must be domiciled in Texas. For purposes of this requirement, the state of domicile means the state where a person has the person's true, fixed, and permanent home and principal residence and to which the person intends to return whenever absent. A person may have only one state of domicile.

(2) The applicant must be at least 21 years of age.

(3) The applicant must read and speak the English language. For purposes of this requirement, a person who has the ability in English to communicate to department personnel the need for a CDL will have complied.

(4) The applicant must meet the federal vision requirements set out in 49 Code of Federal Regulations, Part 391.41 or have been issued an exemption. Note: Vision waivers issued by the department are valid for intrastate operation only as stated in §16.9 of this title (relating to Qualifications To [to] Drive in Intrastate Commerce).

(5) The applicant must meet the federal physical requirements set out in 49 Code of Federal Regulations, Part 391.41. The applicant must:

(A) have no loss of a foot, a leg, a hand, or an arm, or have been granted a Skill Performance Evaluation certificate (Note: Limb waivers issued by the department are valid for intrastate operation only as stated in §16.9 of this title [~~(relating to Qualifications To Drive in Intrastate Commerce)~~];

(B) have no impairment of hand or finger which interferes with prehension or power grasping, or impairment of an arm, foot, or leg which interferes with the ability to perform normal tasks associated with operating a motor vehicle, or any other significant limb defect or limitation which interferes with the ability to perform normal tasks associated with operating a motor vehicle, or have been granted a Skill Performance Evaluation certificate (Note: Limb waivers issued by the department are valid for intrastate operation only as stated in §16.9 of this title [~~(relating to Qualifications To Drive in Intrastate Commerce)~~];

(C) have no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control;

(D) have no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive cardiac failure;

(E) have no established medical history or clinical diagnosis of a respiratory dysfunction likely to interfere with the ability to control and drive a motor vehicle safely;

(F) have no current clinical diagnosis of high blood pressure likely to interfere with the ability to operate a motor vehicle safely;

(G) have no established medical history or clinical diagnosis of pneumatic, arthritic, orthopedic, muscular, neuromuscular, or vascular disease which interferes with the ability to control and operate a motor vehicle safely;

(H) have no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a motor vehicle;

(I) have no mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with the ability to drive a motor vehicle safely;

(J) first perceive a forced whispered voice in the better ear at not less than five feet with or without the use of a hearing aid or, if tested by use of an audiometric device, do not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard (formerly ASA standard) Z24.5-1951;

(K) not use a Schedule I drug or other substance, an amphetamine, a narcotic, or any other habit-forming drug; and

(L) have no current clinical diagnosis of alcoholism.

(6) The applicant must not be disqualified from driving a motor vehicle.

(c) The vision exemptions which are acceptable in lieu of the vision requirements stated in subsection (b)(4) of this section and the Skill Performance Evaluation certificates for missing or impaired limbs which are acceptable in lieu of the physical requirements stated in subsection (b)(5)(A) and (B) of this section are issued by the Federal Motor Carrier Safety Administration. Drivers who wish to operate in interstate commerce must obtain an exemption, waiver or Skill Performance Evaluation certificate from the Federal Motor Carrier Safety Administration. An applicant must present the applicable document at the time of application. Note: Refer to §16.14 of this title (relating to Qualifications To Obtain Interstate Skills Performance Evaluation Certificate) for information on application requirements.

(d) The diabetes exemption which are acceptable in lieu of complying with the diabetes requirements stated in subsection (b)(5)(C) of this section are issued by the Federal Motor Carrier Safety Administration. Drivers who wish to operate in interstate commerce who meet the criteria stated in subsection (b)(5)(C) must obtain an exemption from the Federal Motor Carrier Safety Administration. An applicant must present the applicable document at the time of application. Note: Refer to §16.14 of this title for information on application requirements.

§16.9.Qualifications To Drive in Intrastate Commerce.

(a) Persons who do not qualify to drive in interstate commerce may still qualify to drive in intrastate commerce. In such cases the commercial driver's license (CDL) will contain an "M" restriction which will indicate that the holder of the license is restricted to travel in intrastate commerce.

(b) Intrastate commerce is the transportation of persons or property (a commodity) within the State of Texas where both the point of origin and the destination point are within the state and where no state line or international boundary is crossed. The bill of lading will be an indicator as to whether a shipment or commodity is interstate or intrastate.

(c) A person applying for a CDL which authorizes operation of a commercial motor vehicle (CMV) in intrastate commerce must meet the same requirements as those for interstate driving, except for the following:

(1) The applicant must be at least 18 years of age and has held a driver license for a minimum of three (3) years.

(2) There is no English language requirement.

(3) An applicant may present the department's vision or limb waiver certificate in lieu of meeting the vision or physical requirements of Title 49, Code of Federal Regulations, Part 391.41. Waivers issued by the department may be renewed through the License Issuance Bureau of the department in Austin.

(4) A driver who operates a motor vehicle in intrastate commerce only, and does not transport property requiring a hazardous material placard, and was regularly employed operating a commercial motor vehicle in Texas prior to August 28, 1989, is not required to meet the federal physical and vision standards.

(5) A driver who operates a CMV in intrastate commerce only may obtain a vision or limb waiver from the department provided the following qualifications are met: (Only one waiver can be used to obtain a CDL)

(A) Vision Waiver requirements:

(i) the applicant has 20/40 (Snellen) or better distant visual acuity with corrective lenses in the better eye; or

(ii) the applicant's vision is uncorrectable in one eye and the applicant does not wear corrective lenses, then uncorrected vision must be at least 20/25 (Snellen) in the better eye;

(iii) has the ability to recognize the colors of traffic signals and devices showing standard red, green, and amber, and

(iv) a medical certificate required under Title 49, Code of Federal Regulations, Part 391.43.

(v) Applicants may be referred to a vision specialist in cases involving a failure on the vision examination:

(I) when the applicant protests the results of the vision examination; or

(II) when other conditions necessitate verification by a medical professional.

(B) Limb Waiver requirements:

(i) Medical certificate required under Title 49, Code of Federal Regulations, Part 391.43; and

(ii) Pass a comprehensive driving examination in the appropriate class vehicle (equipped with all necessary vehicle modifications) for the CDL the applicant is applying for.

(6) Applications for a Texas Intrastate Vision/Limb Waiver will include a review of the applicant's driving record for the three-year period immediately preceding the date of the application. An applicant may obtain a waiver from the department only if their driving record:

(A) contains no suspensions, revocations, disqualifications or cancellations of the driver license based on an alcohol, drug or driving related conviction or an administrative action resulting from the operation of any motor vehicle, including a personal vehicle;

(B) contains no involvement in an accident for which a citation was issued resulting in a conviction for a moving violation;

(C) contains no convictions for a disqualifying offense, as defined in Transportation Code, §522.081, or more than one serious traffic conviction, as defined in Transportation Code, §522.003, during the three-year period, which disqualified or should have disqualified the applicant in accordance with the driver disqualification provisions of Transportation Code, §522.081; or

(D) contains no more than two convictions for moving violations in a CMV.

(7) If the driving record shows either convictions for moving violations or accident involvement but does not indicate the type of vehicle operated or the number of miles per hour above the posted speed limit, the department may request additional official documentation (e.g., a copy of the citation or accident report, or copies of court records) from the applicant.

(8) If the applicant is arrested, cited for, or convicted of any disqualifying offense or other moving violations during the period an application is pending, the applicant must immediately report such arrests, citations, or convictions to the Texas Department of Public Safety, Driver License Division/License Issuance Bureau, P.O. Box 4087, Austin, Texas 78773-0310. No waiver determination will be completed while any charge against the applicant, for what would be a disqualifying offense, is still pending. Convictions occurring during the processing of an application will be considered in the overall driving record. The applicant must also report any conviction that is not listed on the driving record because of processing delays. If a subsequent review of the applicant's driving record identifies incidents that should have been reported, any waiver issued may be subject to revocation.

(9) Applicants for a Texas Intrastate Vision or Limb Waiver must be able to meet all other physical requirements specified in 49 CFR, Part 391.41 without the benefit of any other waiver.

(10) Applicants for a CDL must present a valid vision or limb waiver certificate (Medical Examiner's Certificate, form LI-5 or LI-5A) which they obtain from the department's License Issuance Bureau in Austin. A vision waiver may be used to obtain a Hazardous Materials Endorsement; however, a limb waiver cannot be used to obtain this endorsement.

(11) All recipients of a Texas Intrastate Vision/Limb Waiver will be required to have a license with the appropriate "M" (CDL-Intrastate Commerce Only), "P" (valid Texas vision/limb waiver required) and any other restrictions as they apply. Waiver recipients will be notified in writing by means of the most recent address on file of the requirement to add the restrictions and will be given sixty days to comply. The waiver recipient's driver record will be alarmed until the appropriate restrictions have been added to their license. Failure to comply within the specified period may result in the revocation of any waiver and their disqualification as a commercial motor vehicle driver.

(12) Applications for the renewal of the Vision or Limb Waiver certificates will be granted provided the applicant's driving history continues to meet the requirements as detailed in paragraph (6) of this subsection [~~section~~] and:

(A) the applicant for a vision waiver continues to meet the vision standards listed in paragraph [ ~~subsection(c)~~](5)(A) of this subsection [ ~~section~~] and all other requirements of Title 49, Code of Federal Regulations, Part 391.41; or

(B) the applicant for a limb waiver certificate continues to meet all other requirements of Title 49, Code of Federal Regulations, Part 391.41.

(13) Applicants denied a vision/limb waiver may appeal the decision of the department by contacting the director or his designee, in writing, within 20 days after receiving notification of the denial. The request for an appeal must contain the name, address, and driver license number of the applicant, the reasons why the waiver should be granted, and include all pertinent documents which support the reasons why the waiver should be granted. The denial is stayed pending the review of the director or his designee. The decision of the director or his designee is final.

~~[(14) Appeal procedures for vision waiver denials are found in 37 TAC §3.62 (relating to Regulations Governing Transportation Safety).]~~

(14) [~~(15)~~] Waiver certificates will be approved by the director or his designee and are valid for a period not to exceed two years after the date of the applicant's medical examiner's physical examination.

(15) If the vision or limb waiver application is approved, the applicant must obtain a CDL with the appropriate restrictions within 60 days of the approval. Failure to obtain the CDL with the appropriate restrictions within the 60 day period may result in the cancellation of the waiver certificate. Any cancellations will require the applicant to reapply for the waiver.

(16) If the vision or limb waiver application is denied and the applicant currently holds a commercial driver license, the commercial driver license privilege will be cancelled and a demand for the surrender of the commercial driver license will be made. Failure to surrender the CDL may result in charges being filed for failure to surrender on demand.

(17) If the holder of a Texas vision/limb waiver fails to renew the waiver, the driver will be notified in writing by the department of this requirement via the most recent address on file. Failure to comply within a 60 day period may result in the cancellation of their commercial driver license and the demand for the surrender of the CDL currently held.

(18) Prior to the renewal of their CDL those applicants who were previously issued a vision waiver with an indefinite expiration date must comply with this section in order to retain their CDL. Notice of this requirement will be sent to the mailing address on record. Failure to comply with this section will result in the denial of their renewal application and the cancellation of their CDL operating privilege.

(19) Applicants desiring to obtain a limb waiver for interstate operation must apply to the State Director, Federal Motor Carrier Safety Administration as described in §16.14[,] of this title (relating to Qualifications To Obtain Interstate Skills Performance Evaluation Certificate).

§16.11.Restrictions.

(a) L--vehicles without air brakes. This restriction applies only to vehicles requiring a commercial driver license (CDL). The licensee is restricted to operating a commercial motor vehicle (CMV) which does not have air brakes. [M--commercial driver's license (CDL) intrastate commerce only. The licensee is restricted to operating a commercial motor vehicle (CMV) in intrastate commerce only and may not drive in interstate commerce.]

(b) M--CDL intrastate commerce only. The licensee is restricted to operating a CMV in intrastate commerce only and may not drive in interstate commerce. [~~L--vehicles without air brakes. This restriction applies only to vehicles requiring a CDL. The licensee is restricted to operating a CMV which does not have air brakes.~~]

(c) P--Personal Restrictions. The licensee is restricted to operating a motor vehicle as per the restriction stated on the driver license. [X--licensed CDL operator in the front seat: all classes of commercial motor vehicles. The licensee is the holder of any class CDL but is restricted to operating the class of CMV authorized only while accompanied by a holder of a CDL which is valid for the vehicle being operated. The purpose of this restriction is to give the person an opportunity to practice driving the vehicle and obtain experience before taking the skills test.]

(d) Y--Valid Texas vision or limb waiver required. [ licensed CDL operator in the front seat: commercial motor vehicles above Class B. The licensee has a Class A CDL but is restricted to operating a Class A CMV while accompanied by a holder of a CDL which is valid for a Class A vehicle. The purpose of this restriction is to give the person an opportunity to practice driving the Class A vehicle and obtain experience before taking the skills test. This person may legally operate a Class B or Class C CMV alone.]

(e) Z--Valid Federal vision, limb, or diabetes waiver required. [licensed CDL operator in the front seat: commercial motor vehicles above Class C. The licensee has a Class A CDL or Class B CDL but is restricted to operating as Class A or Class B CMV while accompanied by a holder of a CDL which is valid for the class of vehicle being operated. The purpose of this restriction is to give the person an opportunity to practice driving the Class A or Class B CMV and obtain experience before taking the skills test. This person may legally operate a Class C CMV alone.]

~~[(f) A CDL with restriction X, Y, or Z is considered a commercial driver learner's permit.]~~

§16.12.Endorsements.

(a) T--Double/Triple Trailer (commercial driver [ ~~driver's~~] license and noncommercial driver [ ~~driver's~~] license). This endorsement authorizes the holder to tow more than one trailer.

(b) P--Passenger Vehicles (CDL only). This endorsement authorizes the holder to operate a vehicle which is designed to transport 16 or more passengers, including the driver.

(c) N--Tank Vehicle (CDL only). This endorsement authorizes the holder to operate a vehicle or combination of vehicles which are designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks, as defined in 49 CFR, Part 171. A CDL tank endorsement is required if the cargo tank has a bulk packaging over 119 gallons for liquids, or a water capacity greater than 1,000 pounds as a receptacle for a gas if they are permanently attached to or form a part of a motor vehicle, or is not permanently attached to a motor vehicle but which, by reason of its size, construction or attachment to a motor vehicle is loaded or unloaded without being removed from the motor vehicle and is not built to the specifications for cylinders, or portable tanks. A portable tank is defined as a bulk packaging (except a cylinder having a water capacity of 1,000 pounds or less) designed primarily to be loaded onto, or on or temporarily attached to a transport vehicle and equipped with skids, mounting, or accessories to facilitate handling of the tank by mechanical means. A portable tank that meets the bulk packaging definition described in this subsection requires a CDL with a tank endorsement. However, this definition does not include portable tanks having a rated capacity under 1,000 gallons.

(d) H--Hazardous Materials (CDL only). This endorsement authorizes the holder to operate a vehicle or combination of vehicles which are required to be placarded under the Hazardous Materials Transportation Act (49 USC §1801 et seq.).

(e) School Bus (CDL only). This endorsement authorizes the holder to operate a school bus.

(f) [~~(e)~~] X--Combination of N and H (CDL only). This endorsement is used to combine the endorsements N and H.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 24, 2009.

TRD-200903066

Lamar Beckworth

Director

Texas Department of Public Safety

Earliest possible date of adoption: September 6, 2009

For further information, please call: (512) 424-2135

SUBCHAPTER B. APPLICATION REQUIREMENTS AND EXAMINATIONS

37 TAC §§16.34, 16.47, 16.48, 16.50, 16.51

The Texas Department of Public Safety proposes amendments to Subchapter B, §§16.34, 16.47, 16.48, 16.50, and 16.51, concerning Commercial Driver License. The amendments to the sections are necessary in order to address Federal Motor Carrier Safety Administration (FMCSA) findings during the 2006 review of Texas' CDL program. These amendments further align Chapter 16 rules to new and previously existing statutory requirements governing Commercial Driver License issuance procedures where FMCSA determined the statute and/or rule was not clear enough for enforcement purposes.

In addition, Mr. Ybarra has also determined that for each year of the first five-year period the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be clarification on the rules for commercial drivers and aligns the current rules with the federal regulations to ensure any conflicts between statutes and, federal regulations are negated.

Comments on the proposal may be submitted to Ron Coleman, Program Specialist IV, Driver License Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78765-0300, (512) 424-7652.

Texas Government Code, §411.004(3) and Texas Transportation Code, §521.165 are affected by this proposal.

§16.34.CDL-3 Substitute for Commercial Driver [~~Driver's~~] License (CDL) Driving Skills Test.

(a) This certificate must be completed if the applicant for a CDL is claiming waiver from the CDL driving skills test.

[(b) The waiver applies to all skills tests including those skills tests required for endorsements, except endorsement "P". An applicant obtaining a "P" endorsement must take a driving skills test in a bus meeting the requirements of the CDL applied for.]

(b) [~~(c)~~] To be accepted, the applicant must be employed in an exempt status or legally operating a commercial motor vehicle (CMV).

(c) [~~(d)~~] This waiver may only be claimed one time. This waiver certification may only be completed when converting from a non-commercial driver [ ~~driver's~~] license to a CDL or when applying for an original Texas CDL when coming from another state. Any later transaction including advance in grade, removal of restrictions, or addition of an endorsement will necessitate a skills test if required by law or regulation.

(d) [~~(e)~~] The CDL-3 form must be accompanied by a CDL-3A form.

§16.47.Waivers from Skills Test.

(a) An applicant may be exempted from the skills test if:

(1) currently licensed (in Texas or in another state);

(2) for the two years preceding application:

(A) has not had more than one license at any one time;

(B) has not had any license suspended, revoked, disqualified, denied, or canceled;

(C) has not had a conviction for any disqualifying offense, such as Driving While Intoxicated, Driving Under the Influence of Drugs, Failure to Give Information and Render Aid, failure to comply with any offense as cited in Texas Transportation Code, Chapter 550, Subchapter B, Blood, [or] Breath , or Urine Test Refusal or Failure , a felony involving the use of a commercial motor vehicle (CMV), or use of a CMV in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance; and

(D) has not been convicted for a serious traffic violation, as defined by Texas Transportation Code, §522.003(25) and §16.93 of this title (relating to Serious Traffic Violations and Habitual Violators). These convictions may result from the operation of any vehicle; and

(3) regularly employed in a job requiring the operation of a CMV:

(A) has previously taken and passed a skills test given by a state with a classified licensing system and the test was behind-the-wheel in a representative vehicle for the driver [~~driver's~~] license classification; or

(B) has operated for at least two years immediately preceding application for a commercial driver [~~driver's~~] license (CDL), a vehicle representative of the CMV the applicant operates or expects to operate.

(b) Waivers for the skills test only apply to original applicants for CDL. Those who subsequently apply for an advance in grade, removal of restriction, or addition of endorsement after receiving a CDL will not be given a second waiver of any required skills tests.

(c) Waivers for the skills test apply only to CMV operators with an exempt status and those legally operating CMVs such as the operation of CMVs on non-public roads in large company lots such as power or chemical companies.

(d) Applicants who hold a CDL from another state will not be required to take any knowledge or skills tests when making an application for an original Texas CDL of the same class and with the same restrictions or endorsements excluding the hazardous materials endorsement. Applicants desiring to retain the hazardous materials endorsement must take and pass the hazardous materials knowledge examination and pass a background check conducted by the appropriate federal agency. To maintain the hazardous materials endorsement beyond the initial 90 day period from date the CDL is issued, the department must receive a Notification of No Security Threat from the appropriate federal agency conducting the background check. Applicants must surrender a valid CDL license, a valid CDL temporary permit, or other acceptable proof that the person has a valid license from another state in order to have the tests waived.

§16.48.Road Test.

(a) Skills tests are required in a vehicle that is representative of the commercial motor vehicle (CMV) that the applicant is being licensed to drive.

(b) Any applicant required to take a skills test to obtain a passenger endorsement "P" or school bus endorsement "S" must take the skills test in a bus. Bus means any vehicle designed to carry 16-23 [~~16 or more~~ ] passengers, including the driver for a Class C, and 24 or more passengers, including the driver for a Class B.

§16.50.Pre-trip Inspection.

[~~(a)~~] All applicants for a Class A or B CDL will be required to complete a written pre-test inspection exam, and answer 80% of the questions correctly, prior to taking the skills test. [~~The first part of the skills test is the pre-trip inspection. This is a pass/fail test.~~] If the driver is unable to pass this part of the knowledge [ ~~skills~~] test, he/she will not be allowed to continue and take the road test. Drivers must demonstrate to the examiner that he or she has the [ ~~skill and~~] knowledge needed to determine that the vehicle the person is operating is safe to drive. The pre-trip inspection exam will include:

(1) air compressor (belt);

(2) air/electric connectors;

(3) air/electric lines;

(4) alternator belt;

(5) ammeter/voltmeter;

(6) axle oil seal;

(7) battery/box;

(8) brake chamber;

(9) brake drum/linings;

(10) brake hoses/lines;

(11) catwalk;

(12) clutch/gearshift;

(13) coolant level;

(14) door(s);

(15) doors secure;

(16) doors/tie/lifts;

(17) drive shaft;

(18) emergency exits;

(19) exhaust system;

(20) frame;

(21) fuel tank/leaks;

(22) header board;

(23) heater/defroster;

(24) hydraulic brake check;

(25) kingpin/apron/gap;

(26) landing gear;

(27) leaks/hoses (engine);

(28) lighting indicators;

(29) lug nuts;

(30) mirrors;

(31) mounting bolts;

(32) oil level;

(33) oil pressure gauge;

(34) parking brake;

(35) passenger entry/lift;

(36) platform (fifth wheel);

(37) power steering fluid (belt);

(38) release arm;

(39) rims;

(40) safety belt/emergency equipment;

(41) safety latch/locking jaws;

(42) seating;

(43) shock absorbers;

(44) slack adjustor;

(45) sliding fifth wheel/locking pins;

(46) splash guards;

(47) spring/air/torque;

(48) spring mount;

(49) steering box/hoses;

(50) steering linkage;

(51) steering play;

(52) stop arm (if equipped);

(53) student lights;

(54) tandem release (arm and locking pins);

(55) temperature gauge;

(56) tires;

(57) water pump (belt);

(58) windshield; and

(59) wiper/washers.

[(b) The second part of the skills test is the air brake inspection test. This is a pass/fail test. If the driver is unable to pass this part of the skills test, he/she will not be allowed to continue and take the road test. The air brake test requires the driver to demonstrate his or her knowledge and ability to conduct a complete air brake safety inspection. The air brake safety inspection will include:]

~~[(1) leak in system;]~~

~~[(2) warning signals; and]~~

~~[(3) emergency brakes.]~~

§16.51.Road Test Maneuvers.

(a) The first part of the skills test is the air brake inspection test. This is a pass/fail test. If the driver is unable to pass this part of the skills test, he/she will not be allowed to continue and take the road test. The air brake test requires the driver to demonstrate his or her knowledge and ability to conduct a complete air brake safety inspection. The air brake safety inspection will include:

(1) Leak in system;

(2) warning signals; and

(3) emergency brakes.

(b) [~~(a)~~] The second part of the skills test is the road test and will consist of the following maneuvers:

(1) start;

(2) quick smooth stop;

(3) backing;

(4) upshifting;

(5) downshifting;

(6) lane change;

(7) merge;

(8) use of lanes;

(9) right-of-way;

(10) posture;

(11) approach to corner;

(12) traffic signals;

(13) traffic signs;

(14) left turns;

(15) right turns; and

(16) parallel parking (if applicable).

(1) accident. Any contact with another vehicle, object, or pedestrian which applicant could have prevented, regardless of who was responsible, resulting in any damage or injury;

(2) dangerous action:

(A) accident is prevented only by defensive driving on the part of another or dodging by a pedestrian;

(B) any loss of control creating a hazard;

(D) drives one or more wheels over the curb or onto the sidewalk;

(E) accident prevented only by warning given by the examining officer; or

(F) runs over parking standards on the parallel parking test;

(3) violation of law. Unless otherwise stipulated in scoring standards, a driver is disqualified for:

(A) any act for which the driver might be arrested; or

(B) any act which might make the driver liable for damages in case of accident;

(4) deductions. Various or repeated minor mistakes totaling more than 30 points deducted on the on-street test for any vehicle;

(5) lack of cooperation or refusal to perform:

(A) refusal to try any maneuver in good faith;

(B) repeated failure to follow instructions;

(D) argument concerning scoring, not just a discussion of scoring; or

(E) refusal to wear a seat belt when required and has no physician's statement for waiver.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 24, 2009.

TRD-200903067

Lamar Beckworth

Director

Texas Department of Public Safety

Earliest possible date of adoption: September 6, 2009

For further information, please call: (512) 424-2135

SUBCHAPTER C. CHANGE OF LICENSE STATUS, RENEWALS, SURRENDER OF LICENSE, FEES

37 TAC §§16.71 - 16.73, 16.75

The Texas Department of Public Safety proposes amendments to Subchapter C, §§16.71 - 16.73, and 16.75, concerning Commercial Driver License. The amendments to the sections are necessary in order to address Federal Motor Carrier Safety Administration (FMCSA) findings during the 2006 review of Texas' CDL program. These amendments further align Chapter 16 rules to new and previously existing statutory requirements governing Commercial Driver License issuance procedures where FMCSA determined the statute and/or rule was not clear enough for enforcement purposes.

In addition, Mr. Ybarra has also determined that for each year of the first five-year period the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be clarification on the rules for commercial drivers and aligns the current rules with the federal regulations to ensure any conflicts between statutes and, federal regulations are negated.

Comments on the proposal may be submitted to Ron Coleman, Program Specialist IV, Driver License Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78765-0300, (512) 424-7652.

Texas Government Code, §411.004(3) and Texas Transportation Code, §521.165 are affected by this proposal.

§16.71.Change in Class or Type.

(a) The holder of a Texas commercial driver [ ~~driver's~~] license (CDL) who desires to advance in grade, remove restrictions, or add endorsements will be required to take the applicable tests, including knowledge tests and skills tests in a representative vehicle if required.

(b) A driver desiring to remove the "No Air Brakes" restriction "L" from a previously obtained CDL must take the knowledge, and the air-brake inspection [~~pre-trip~~] test.

(d) Upon passing the required exams, the old license must be surrendered or invalidated in accordance with §16.73 of this title (relating to Surrender of License). An exam fee will be collected unless the change is made in conjunction with a renewal.

(e) A motorcycle fee must be collected in accordance with §16.76 of this title (relating to Motorcycle Education Fees).

§16.72.Renewals.

(a) When a valid commercial driver [~~driver's~~ ] license (CDL) is renewed after the original issuance and there is no change in status, the applicant will be given the vision exam. If the licensee has a hazardous materials endorsement he must take and pass the hazardous materials knowledge examination, and pass a background check conducted by the appropriate federal agency. To maintain the hazardous materials endorsement beyond the initial 90 day period from the date the CDL is issued, the department must receive a Notification of No Security Threat from the appropriate federal agency conducting the background check. [ ~~to keep this endorsement.~~]

(b) When a CDL is renewed after the original issuance and there is a change in status (advance in grade, endorsement added, or restriction removed), the applicant will be given the vision test, as well as the appropriate knowledge and skills tests if these are required for the requested changes. If the licensee has a hazardous materials endorsement he must take and pass the hazardous materials knowledge examination, and pass a background check conducted by the appropriate federal agency. To maintain the hazardous materials endorsement beyond the initial 90 day period from the date the CDL is issued, the department must receive a Notification of No Security Threat from the appropriate federal agency conducting the background check. [~~to keep this endorsement.~~]

(c) Applicants who have passed a background check and have been issued a hazardous materials endorsement will not be required to complete a new background check to retain the hazardous materials endorsement provided that the expiration date of the renewed CDL does not exceed the expiration date of the background check. [ ~~Licenses can be renewed within 12 months of the expiration date.~~]

(d) Applicants required to register under Chapter 62, Code of Criminal Procedure may be renewed 60 days prior to expiration; all others may be renewed within 12 months of the expiration date. [ ~~A commercial driver learner's permit may not be renewed. These are licenses containing restrictions X, Y, or Z.~~]

(e) All applications for CDL renewals must be made in person.

(f) All applicants for CDL must provide information relating to their United States citizenship and provide their county of residence at the time of application for renewal.

§16.73.Surrender of License.

Any and all valid driver [~~driver's~~] licenses issued by Texas or any other state must be surrendered to the department before a new license will be issued. [~~Licenses issued by another state will be returned to that state.~~] Upon surrender, the department may invalidate a Texas license by completely removing the header (color) bar from the documents. When an applicant with a Texas license obtains a commercial driver [~~driver's~~] license (CDL), advances in grade, renews a license, or obtains a duplicate and more than 30 days validity remains on the old license, this license will be invalidated and the invalid document returned to the applicant for identification purposes only. The invalidated document is not a license to drive.

§16.75.Credits.

(a) On the date the original CDL is issued the applicant will be given $4.00 for each whole year that remains on his current Texas license. If the original CDL is issued on the applicant's birthday and the current license does not expire until the next year, the applicant will be given $4.00 credit, in which case the fee to be collected will be $56.

(b) Credit will not be given for a learner license [ ~~an instruction permit~~] or a CDL held by an applicant.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 24, 2009.

TRD-200903068

Lamar Beckworth

Director

Texas Department of Public Safety

Earliest possible date of adoption: September 6, 2009

For further information, please call: (512) 424-2135

SUBCHAPTER D. SANCTIONS AND DISQUALIFICATIONS

37 TAC §16.91

The Texas Department of Public Safety proposes the repeal of Subchapter D, §16.91, concerning Commercial Drivers License. Section 16.91 specific to the issuance of non-commercial driver permits is being repealed to further align licensing requirements with federal recommendations governing commercial drivers. All commercial drivers who are disqualified from operating a commercial motor vehicle are required to surrender their commercial driver license for the issuance of a non-commercial driver license containing a photograph.

Comments on the proposal may be submitted to Ron Coleman, Program Specialist IV, Driver License Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78765-0300, (512) 424-7652.

Texas Government Code, §411.004(3) and Texas Transportation Code, §521.165 are affected by this proposal.

§16.91.Noncommercial Motor Vehicle Permits.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 24, 2009.

TRD-200903070

Lamar Beckworth

Director

Texas Department of Public Safety

Earliest possible date of adoption: September 6, 2009

For further information, please call: (512) 424-2135

37 TAC §§16.99, 16.103 - 16.105

The Texas Department of Public Safety proposes amendments to Subchapter D, §16.99 and §§16.103 - 16.105, concerning Commercial Driver License. The amendments to the sections are necessary in order to address Federal Motor Carrier Safety Administration (FMCSA) findings during the 2006 review of Texas' CDL program. These amendments further align Chapter 16 rules to new and previously existing statutory requirements governing Commercial Driver License issuance procedures where FMCSA determined the statute and/or rule was not clear enough for enforcement purposes.

In addition, Mr. Ybarra has also determined that for each year of the first five-year period the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be clarification on the rules for commercial drivers and aligns the current rules with the federal regulations to ensure any conflicts between statutes and, federal regulations are negated.

Comments on the proposal may be submitted to Ron Coleman, Program Specialist IV, Driver License Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78765-0300, (512) 424-7652.

Texas Government Code, §411.004(3) and Texas Transportation Code, §521.165 are affected by this proposal.

§16.99.Lifetime Disqualifications.

(a) A person who has been disqualified from driving a commercial motor vehicle (CMV) for life under Texas Transportation Code, §522.081, may apply for reinstatement of his/her commercial driver [~~driver's~~] license. Such applicant is not eligible for reinstatement unless and until such time as the applicant has first served a minimum disqualification period of 10 years. The applicant must fully meet the qualifications and standards set out in Texas Transportation Code, Chapter 522, and the rules set forth in Chapter 15 of this title (relating to Driver [~~Driver's~~ ] License Rules) and this chapter. A person who has been disqualified under Texas Transportation Code, §522.081(d)(2) may not apply for reinstatement of his/her commercial driver license.

(b) The applicant must make application for reinstatement in writing to the department's Driver Improvement and Compliance Bureau, Box 4087, Austin, Texas 78773-0320. A conviction for any of the following offenses, if the conviction occurred within the two years immediately preceding application, will be grounds for denial of an application for reinstatement.

(1) driving any motor vehicle, including a CMV, under the influence of alcohol or a controlled substance, including a violation of Texas Penal Code, §§49.03, 49.04, 49.045, 49.07, and 49.09; or

(2) knowingly and willfully leaving the scene of an accident involving any motor vehicle, including a CMV driven by the person; or

(3) using any motor vehicle, including a CMV, in the commission of any felony as defined in Texas Transportation Code, §522.081; or

(4) refusal to submit to, or failing a test to determine the driver [~~driver's~~] alcohol concentration or the presence in his body of a controlled substance or drug while driving any motor vehicle, including a CMV.

(c) For purposes of this chapter, the term "conviction" has the same meaning as found in Texas Transportation Code, §522.003.

(d) The department will advise the applicant whether or not his application for reinstatement has been granted. If denied reinstatement, the applicant will be advised of the reasons for denial.

§16.103.Disqualifications and Penalties for Violations of Out-of-Service Orders.

(a) Texas Transportation Code, §522.071 and §522.090 provide for an offense and penalty for a driver who is convicted of violating an out-of-service order while driving a commercial motor vehicle (CMV). Section 522.090 provides that in addition to the penalties provided for in §522.071, a driver may be disqualified from driving a CMV as provided for in 49 Code of Federal Regulations (CFR), Part 383. In addition, such driver is subject to the special penalties as contained in 49 CFR, Part 383.53. Texas Transportation Code, §522.072 provides that an employer commits an offense if the employer permits a driver who has been placed out-of-service or disqualified to operate a CMV, or while the employer is subject to an out-of-service order that affects the driver or the vehicle. The employer may be penalized or disqualified as provided for in 49 CFR, Part 383.

(b) The term "out-of-service" as used in this chapter has the same definition as that found in Texas Transportation Code, §522.003(23) and 49 CFR, Part 383.5.

§16.104.Disqualifications.

Driver disqualifications as set out in 49 CFR, Part 383, are adopted by this department and are as follows:

(1) First violation. A driver is disqualified for not less than 90 days nor more than one year if the driver is convicted of a first violation of an out-of-service order.

(2) Second violation. A driver is disqualified for not less than one year nor more than five years if, during any 10-year period, the driver is convicted of two violations of out-of-service orders in separate incidents.

(3) Third or subsequent violation. A driver is disqualified for not less than three years nor more than five years if, during any ten-year period, the driver is convicted of three or more violations of out-of-service orders in separate incidents.

(4) Special rule for hazardous materials and passenger offenses. A driver is disqualified for a period of not less than 180 days nor more than two years if the driver is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act (49 United States Code, §§1801 - 1813), or while operating a motor vehicle designed to transport more than 15 passengers, including the driver. A driver is disqualified for a period of not less than three years nor more than five years if, during any ten-year period, the driver is convicted of any subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials required to be placarded under the Hazardous Materials Act, or while operating motor vehicles designed to transport more than 15 passengers, including the driver.

(5) Court to report conviction. If a driver is convicted of an offense under the Transportation Code, §522.071, the convicting court shall order a disqualification period as set out in paragraphs (1) - (4) of this section. The court shall report the conviction and disqualification on a form approved by the department. If the court fails to set a period of disqualification, the department shall disqualify the CMV driving privileges for 90 days for the first violation, one year for a second violation, and three years for the third or subsequent violation. If the court fails to set a period of suspension for convictions of these offenses which occurred while transporting hazardous materials required to be placarded under the Hazardous Materials Act or while operating a motor vehicle designed to transport more than 15 passengers, including the driver, the department shall disqualify the CMV driving privileges for 180 days for the first violation and three years if, during any ten-year period, the driver is convicted of any subsequent violations.

(6) A disqualification imposed under Transportation Code, §522.981(b)(1); (b)(2); (c)(1)(A); or (d)(2) will become effective 10 days after the date the order of disqualification is issued by the department.

§16.105.Special Penalties Pertaining to Violation of Out-of-Service Orders and Railroad Grade Crossing Violations for Drivers and Employers.

In addition to the penalties provided for in the Texas Transportation Code, §522.071 and §522.072, drivers and employers are subject to the penalties of 49 CFR, Part 383, which are hereby adopted by this department and are as follows:

(1) General rule. Any person who violates the rules set forth in Subparts B and C of 49 CFR, Part 383, may be subject to civil or criminal penalties as provided for in 49 United States Code, 521(b).

(2) Driver violations. A driver who is convicted of violating an out-of-service order shall be subject to a civil or administrative penalty of not less than $2,500 for a first conviction, and not less than $5,000 for a second conviction [ ~~$1,000 nor more than $2,500~~ ], in addition to disqualification action as provided for by 49 CFR, Part 383 and this section.

(3) Employer violations. An employer who is convicted of a violation of 49 CFR, Part 383.37(c), shall be subject to a maximum civil or administrative penalty of not [ ~~less than $2,500 nor~~] more than $25,000. An employer who is convicted of a violation of 49 CFR, Part 383.37(d) shall be subject to a civil or administrative penalty of not more than $10,000.

(4) Penalties. Civil penalties for violations of the regulations adopted herein may be assessed by a court of competent jurisdiction or assessed as an administrative penalty under the provisions of Texas Transportation Code, Chapter 644[~~, and §3.62 of this title (relating to Regulations Governing Transportation Safety)~~].

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 24, 2009.

TRD-200903069

Lamar Beckworth

Director

Texas Department of Public Safety

Earliest possible date of adoption: September 6, 2009

For further information, please call: (512) 424-2135

CHAPTER 18. DRIVER EDUCATION

SUBCHAPTER A. COMMERCIAL DRIVER TRAINING SCHOOL TESTING AND ISSUANCE OF LEARNER LICENSE

37 TAC §§18.1 - 18.4

The Texas Department of Public Safety (Department) proposes amendments to Subchapter A, §§18.1 - 18.4, concerning Driver Education. The first amendment changes the title of the subchapter. Additional amendments are made to reduce the processes and paperwork required for the issuance of learner licenses. Modification is also made to the rules to change the term "instruction permit" to "learner license" and to align additional terms with industry standards, i.e., "driver's" to "driver".

In addition, Mr. Ybarra has also determined that for each year of the first five-year period the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be a reduction in paperwork for persons participating in a commercial driver training school for testing and issuance of learner license and simplifies the procedures for learner licenses.

Comments on the proposal may be submitted to Ron Coleman, Program Specialist IV, Driver License Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78765-0300, (512) 424-7652.

Texas Government Code, §411.004(3) and Texas Transportation Code, §521.165 are affected by this proposal.

§18.1.Definitions.

Unless otherwise defined, the terms in these rules shall have the same meaning assigned to them in the Transportation Code, Chapter 521, concerning driver [~~driver's~~] licenses and certificates. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Driving school, driver training school and driver education school--have the same meaning and may be used interchangeably.

(2) Instructor (for purposes of the parent taught program)--refers to parent, stepparent, grandparent, step-grandparent and legal guardian as a person approved to conduct a Parent Taught Driver Education course. In addition, the instructor must hold a valid Texas driver license, or if active duty United States military personnel and their spouses, must hold a valid license from their state of permanent residence or last duty station and must not have been convicted of criminally negligent homicide, driving while intoxicated, or be disabled because of mental illness.

(3) Laboratory, behind-the-wheel, and in-car instruction--have the same meaning and may be used interchangeably.

(4) Licensed driver--refers to a person who holds a valid Texas driver license of any class which is not suspended (including probated suspensions), canceled, denied, revoked, or disqualified. This also includes active United States military personnel and their spouses who hold a valid license from their state of permanent residence or last duty station.

(5) TEA--refers to the Texas Education Agency or Central Education Agency.

(6) Texas Driver Education Certificate--form DE-964, is a numbered[~~, two-part~~] form [ ~~consisting of three copies and is~~] used to certify completion of both classroom and laboratory phases of the driver education course. Under the parent taught program, the certificate may be [is] sent to the Driver License office indicated on the Request for Driver Education Packet form DL-92 in paper form or generated electronically. For security purposes, the certificate will be maintained by the department. [ ~~The Driver License office will file the certificate upon receipt for security purposes and it will remain under the control of the department.~~]

§18.2.Required Documentation and Application Fee.

(a) Prior to issuing a learner license [~~an instruction permit~~] as authorized by the Driver License law to a person 15 years of age or older, but younger than 18 years of age, the applicant [~~driver education school~~] must submit to the department the following [~~for each student~~]:

(1) a completed and notarized Texas Driver License Application, form DL-14A;

(2) an application fee of $5.00;

(3) a high school diploma or its equivalent, or acceptable certification of high school/GED enrollment and attendance, TEA form GEA-043R93, or the equivalent;

(4) if previously licensed (including an instruction permit or learner license) in another state, the out of state license must be surrendered or a DPS affidavit must be executed that the out of state license has been lost, stolen, or expired;

(5) if the student owns a vehicle for which proof of financial responsibility is required, evidence of liability insurance;

(6) an original social security card or other acceptable proof of social security number;

(7) an original birth certificate or other acceptable proof of name, date of birth, and place of birth; [ ~~and~~]

(8) other information as required by the department; and[.]

(9) copy of the properly completed FOR INSTRUCTION PERMIT ONLY portion of the Texas Driver Education Certificate, form DE-964, including the test results for the vision and written exams.

(b) Applicants 18 years of age or older are not eligible for a learner license as authorized by subsection (a) of this section. Prior to the issuance of a driver license, the applicant [~~issuing an instruction permit as authorized by subsection (a) of this section, to a person 18 years of age or older, the driver education school~~] must submit [ ~~a packet for each student which shall contain~~] all [of] the items listed in subsection (a) of this section with the exception of paragraph (3).

[(c) The documents will be presented to a local Driver License office at a mutually agreed upon time and in a format or order sequence acceptable to the department. Presentation of these documents in any other manner may be grounds for rejection.]

[(d) Upon receipt, Driver License Service personnel will inspect the documents presented by the driving school representative. Any packet not containing all required items as listed, or questionable documents will be rejected and returned to the driver education school. Driver License personnel will issue an Application Fee Receipt for each student bearing the original Driver License number assigned to that student for all accepted applications. The receipts will be available for a representative of the driver training school to pick up. Birth, insurance, and social security documents will be returned with the receipts.]

~~[(e) NO INSTRUCTION PERMIT SHALL BE ISSUED BY THE DRIVER EDUCATION SCHOOL WITHOUT FIRST OBTAINING THE ORIGINAL DRIVER LICENSE NUMBER ASSIGNED TO THE STUDENT BY THE DEPARTMENT.]~~

[(f) Instruction permits issued by a driver training school must be purchased from the Texas Department of Public Safety, General Services Bureau. The license number assigned by the department must be recorded by the driver training school on any instruction permit which is issued by the school. The license number is the permanent driver license number and should be recorded on the student instruction record and the driver education certificate.]

[(g) The driver education school is responsible for ensuring that the student has satisfactorily completed and passed the required classroom phase of an approved driver education course prior to administering any driver examination required by Texas statutes.]

§18.3.Tests Administered by a Commercial Driver Training School Prior to Issuance of a Learner License [~~Issuing Instruction Permits~~].

(a) Prior to application for a learner license, [ ~~the issuance of an instruction permit by~~] the commercial driver training school[~~, the school must have obtained the driver license number from the department and~~] must have administered a vision exam, the Class C--Road Signs test, and the Class C--Road Rules test to each student. Each student issued a learner license [~~an Instruction Permit~~] must have passed the Class C--Road Signs and Class C--Road Rules tests with a score of at least 70% on each. The tests will be administered by the commercial driver training school in accordance with the following guidelines:

(1) Vision. The student's distant visual acuity must be checked by the commercial driver training school utilizing a device suitable for accurately measuring a person's visual acuity and in a manner which is consistent with the procedures prescribed by the manufacturer of the device. The results of the student's visual acuity will be recorded on the Texas Driver Education Certificate, form DE-964. If the student normally wears corrective lenses and/or has no objection to being restricted to wearing corrective lenses while driving, the student must be tested with corrective lenses. Record the uncorrected vision test results on the DE-964 certificate in the spaces provided. If the vision is checked with corrective lenses, the corrected vision test results will also be recorded. The test results will be evaluated upon presentation of the DE-964 certificate to the Driver License office [~~after issuance of the instruction permit by the commercial driver training school~~]. If a license restriction is required due to vision limitations, [~~an instruction permit will be issued by the department which indicates~~] the proper restriction(s) will be added to the learner license. Students with obvious visual problems should be referred to the Driver License office where the learner license [~~instruction permit~~] will be issued after testing and any necessary referrals to vision specialists. [A student with obvious vision problems should not be issued an instruction permit by a commercial driver training school nor should behind-the-wheel instruction be given until the student is issued a permit.]

(2) Class C--Road Signs and Class C--Road Rules Tests. The student will be tested by the commercial driver training school using the Class C--Road Signs and Class C--Road Rules examinations obtained from the Texas Department of Public Safety, General Services Bureau. The tests will be available in English and Spanish. Other languages and oral tests must be referred to a Driver License office. Each student must score a minimum of 70% correct on each exam in order to pass. These results will be recorded on the DE-964 certificate. NO STUDENT MAY BE TESTED PRIOR TO THEIR 15TH BIRTHDAY.

(b) A commercial driver training school may administer the vision, Class C--Road Signs, and Class C--Road Rules parts of the driver examination only to a student enrolled in the school for purposes of satisfying the examination requirements of the Driver License Law [~~and only when the commercial driver training school is going to issue the instruction permit as prescribed herein~~]. Tests may be reviewed with a student after completion of the exam, but students may not be given copies of the tests. The tests may not be reviewed with students prior to testing.

§18.4.Reporting Testing Results [~~Issuance of Instruction Permit~~].

[(a) After a driving school has issued the instruction permit in accordance with each of the requirements stated in §18.3 of this title (relating to Tests Administered by a Driving School), the school must submit the department copy of the properly completed FOR INSTRUCTION PERMIT ONLY portion of the Texas Driver Education Certificate, form DE-964, to the same Driver License office where the original applications were processed within five days after issuing the instruction permit.]

(a) [~~(b)~~] The FOR INSTRUCTION PERMIT ONLY part of the certificate shall be completed and dated on the same day the testing is completed [~~instruction permit is issued~~] by the driver training school. The certificate will serve as verification to the department that the required examinations were administered by the school and that the student has passed the required examinations and has met all other requirements for the issuance of a learner license [~~an instruction permit~~]. The actual Class C--Road Signs and Class C--Road Rules exams or electronic records of the exams, and the results of the vision exam administered by the school shall be kept by the driver training school as part of the permanent student instruction record. The tests shall be made available for inspection and review with other parts of the student instruction record by department or TEA personnel for a period of three years from the date of the exams.

[(c) When a driver training school submits the completed DE-964 certificate to the department as required by subsection (b) of this section, department personnel will update the student's driving record. The update will indicate that an instruction permit has been issued, that the student is enrolled in a concurrent program or has completed the classroom phase of driver education, and if the department imposed any additional restrictions.]

[(d) If additional restrictions are required, an instruction permit will be issued by the department with proper restrictions. Department personnel will contact the driver training school to advise them that the department has placed additional restrictions on the student's instruction permit. The driving school-issued instruction permit will no longer be valid. The department instruction permit will replace the school instruction permit and will be available at the Driver License office for a representative of the driving school to pick up and provide to the student. It will be the responsibility of the driving school to replace the student's school-issued instruction permit with the department-issued permit. Any school-issued instruction permit made invalid and picked up by the school must be retained in the student's instruction records. If the driver training school makes an attempt to pick up the invalid school-issued instruction permit but is unable because the student no longer has the school-issued instruction permit (lost it, etc.), this will be noted on the student instruction record. No authority is given to any driver training school to take from a student an instruction permit issued by the department.]

~~[(e) An instruction permit issued by a driving school is valid until the student's next date of birth.]~~

(b) [~~(f)~~] Any application for a duplicate learner license [ ~~instruction permit issued by the department~~] must be made to a Driver License office and will require a duplicate fee [~~of $10~~]. [When an instruction permit expires, or if the "Licensed Operator in the Front Seat" (LOFS) restriction is to be removed, another instruction permit may NOT be issued. An instruction permit which expires, or where a restriction is to be removed, must be issued at a Driver License office.] The renewal or removal of restrictions will require a statutory fee be paid to the department. Upon application for a Texas learner license, the [~~The~~] student's photograph, signature, and thumbprints will be taken and made part of the student's permanent driving record as maintained by the department [~~at the time the LOFS restriction is removed or when a phototype learner's license is issued~~]. Texas law requires any person who changes their name or address to report the change to the department and apply for a duplicate within 30 days of such change.

(c) [~~(g)~~] Upon successful completion of the entire course of study, the driving school will complete the FOR DRIVER [~~DRIVER'S~~] LICENSE ONLY part of the DE-964 certificate and provide the student with the department, TEA, and insurance copies of the certificate. The student will present the department and TEA copies at the Driver License office for removal of the LOFS restriction and issuance of a driver license. The insurance copy of the certificate will be for the student's use in obtaining insurance discounts. The school copy should remain in the school's permanent instruction record for the student.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 24, 2009.

TRD-200903071

Lamar Beckworth

Director

Texas Department of Public Safety

Earliest possible date of adoption: September 6, 2009

For further information, please call: (512) 424-2135

SUBCHAPTER B. PARENT TAUGHT DRIVER EDUCATION

37 TAC §§18.21 - 18.25

The Texas Department of Public Safety proposes amendments to Subchapter B, §§18.21 - 18.25, concerning Parent Taught Driver Education. Amendments to the sections are necessary in order to reduce the processes and paperwork required for the issuance of learner licenses. Modification is also made to the rules to change the term "instruction permit" to "learner license" and to align additional terms with industry standards, i.e., "driver's" to "driver."

In addition, Mr. Ybarra has also determined that for each year of the first five-year period the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be a reduction in paperwork for persons participating in a commercial driver training school for testing and issuance of learner license and simplifies the procedures for learner licenses.

Comments on the proposal may be submitted to Ron Coleman, Program Specialist IV, Driver License Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78765-0300, (512) 424-7652.

Texas Government Code, §411.004(3) and Texas Transportation Code, §521.165 are affected by this proposal.

§18.21.Obtaining Materials for Parent Taught Course.

(a) Prior to teaching a department approved course, an instructor must send a completed Request for Parent Taught Driver Education Packet form with a non-refundable fee which is set by the department. The request must be sent to the License Issuance Bureau of the Texas Department of Public Safety. Upon receipt of the request, a Parent Taught Driver Education Packet will be mailed to the address given on the request form.

(b) The department will not do a background check into the instructor's eligibility to teach under the parent taught program prior to providing the parent taught packet. It is the responsibility of the instructor to determine whether they meet the qualifications.

(c) The instructor will be required to designate the local Driver License office where tests will be administered. A numbered Texas Driver Education Certificate, form DE-964, will be forwarded to that office or will be electronically generated and will be available for the instructor to complete the required sections upon completion of each phase of the training.

(d) The Parent Taught Driver Education packet does not contain all required materials (i.e., lesson plans and other resources) necessary to provide the driver training course. It is the responsibility of the instructor to obtain these items as necessary.

(e) The parent taught program includes both the classroom and laboratory phase instruction. The instructor may teach both or utilize a driving school, driver training school or driver education school for either phase. However, a student cannot transfer hours between the parent taught program and a driving school. Each phase, classroom or laboratory, must be instructed in its entirety under one program. If there is a desire to change programs prior to the completion of either phase all previous education or training hours must be repeated. Under the concurrent method of instruction, all 32 hours of the classroom instruction must be taught under one program; either parent taught or driver training school. The 14 hours of laboratory instruction must be taught under one program; either parent taught or driver training school.

§18.22.Classroom Training.

(a) After obtaining all necessary materials, the 32 hours of classroom instruction required in the classroom phase of a driver training program may be taught either as an entire block prior to any portion of the laboratory phase or concurrently with the laboratory phase. If taught as part of the Concurrent Program, the student must complete the first six hours of the classroom instruction as required under §18.31 of this title (relating to Requirements for Approval of Course) prior to the instruction of any of the laboratory phase of the Driver Education Course, and prior to the issuance of a learner license [~~an instruction permit~~].

(b) There are no requirements that the location used as a classroom have any particular characteristics or equipment. It is recommended that the location be comfortable and the atmosphere be conducive to the learning experience. No more than 640 minutes of the required 32 clock hours of classroom instruction may be film or videotape. More may be used but may not be counted as part of the 32 clock hours.

(c) Texas law provides that an applicant must be at least 14 years of age to be eligible to take the classroom phase of a driver training course. A driver training course will not be approved by the department if any portion of either the classroom phase or the laboratory phase was provided to an applicant younger than 14 years of age. The student must be at least 15 years of age to be eligible for a learner license [~~an instruction permit~~] and must have the license [~~permit~~] before taking any part of the laboratory phase of the course.

(d) The department approved course should be taught in sequential order. It is recommended that, if the Concurrent Program is used, the behind-the-wheel classes coincide with the related classroom instruction.

§18.23.Application for a Learner License [~~an Instruction Permit~~].

(a) A learner license [~~An instruction permit~~ ] must be obtained by the student prior to beginning any portion of the behind-the-wheel phase of a driver training program. The department shall not issue any license, including a learner license [~~an instruction permit~~], to any person who is under 15 years of age. The department may issue a learner license [~~an instruction permit~~] without photograph to any person 15 years of age or older but younger than 18 years of age who has:

(1) satisfactorily completed and passed the classroom phase of an approved driver training course or has completed the first six hours of the classroom instruction required under §18.31 of this title (relating to Requirements for Approval of Course);

(2) obtained a high school diploma or its equivalent; or is a student enrolled in a public, home, or private school who attended school for at least 80 days in the fall or spring semester preceding the date of application; or has been enrolled for at least 45 days, and is currently enrolled in a program to prepare persons to pass the high school equivalency exam; and

(3) successfully passed all parts of the driver examination required in the Driver License Law other than the driving test.

(b) When an instructor has taught the required hours of either the block or concurrent classroom phase of a driver education program, the instructor and the student must make application for a learner license [~~an instruction permit~~ ] at the Driver License office [ ~~indicated on the Request for Driver Education Packet form~~]. When making application, the following items must be presented:

(1) a completed Texas Driver License Application (DL-14A);

(2) a completed and notarized Parental Driver Education Affidavit (DL-90A);

(3) a fee of $5.00;

(4) a high school diploma or its equivalent, or acceptable certification of high school/GED enrollment and attendance, Texas Education Agency (TEA) form CDD-104, or the equivalent;

(5) if utilizing the Model Program, Program 101, the instructor must present written instructional outlines or satisfactory evidence that the TEA Instructional Modules were used for student instruction;

(6) if previously licensed (including an instruction permit or learner license) in another state, the out-of-state license must be surrendered or a Department of Public Safety affidavit must be executed certifying the out of state license has been lost, stolen, or is expired;

(7) if the student owns a vehicle for which proof of financial responsibility is required, evidence of liability insurance must be presented;

(8) an original social security card or other acceptable proof of social security number or SSN affidavit;

(9) an original or certified copy of the birth certificate or other acceptable proof of name, date of birth, and place of birth; and

(10) other information as required by the department.

(c) A Driver License Division employee will review the items presented. If these items are satisfactory, department personnel will provide the assigned DE-964 form for completion by the instructor indicating that the student has completed the classroom phase of the course or is taking the course in the concurrent mode. The remaining portion of the form will be filed in the driver license office, or kept in an electronic format until completion of the course. The student will pay the required application fee and be given the vision, and other required tests. If the applicant passes the tests, a learner license [~~an instruction permit~~] will be issued. Applicants have three opportunities to pass each test or a maximum of 90 days to successfully pass all tests. Failure to do so will result in loss of the application fee. A new fee will then be required.

(d) The department requires the use of the DPS DL-90A form.

(e) At the time of application for the learner license [~~instruction permit~~] the department will check the driver record of the instructor. If the instructor is found to be ineligible to teach the program due to a disqualifying conviction, or for failing to have a valid Texas driver license the learner license [~~instruction permit~~ ] will be denied and all prior instruction time is forfeited.

§18.24.Behind-the-Wheel Instruction.

(a) In-car instruction may be taught in any motor vehicle which may be legally operated with a Class C driver [ ~~driver's~~] license in Texas. The vehicle must have valid registration, have a currently valid motor vehicle inspection certificate, and be properly insured with proof of such liability insurance available in the vehicle. The vehicle is not required to have dual brakes but it is recommended that the vehicle have a second rear-view mirror for use of the instructor.

(b) After a student has received a learner license [ ~~an instruction permit~~], an instructor may begin in-car instruction. The curriculum must be followed with a minimum of 7 hours behind-the-wheel instruction and 7 hours supervised practice instruction given.

§18.25.Obtaining Provisional License.

(a) Upon completion of all course material, classroom and behind-the-wheel, the instructor must apply to the same Driver License office [~~where the DE-964 form is filed~~] to obtain a provisional driver license.

(b) The student must have reached their 16th birthday and must have held a learner license [ ~~an instruction permit~~ ] or hardship license for a minimum of six months. Calculation for the six-month period will not include any time in which the license [~~instruction permit~~ ] is suspended, revoked, expired or canceled.

(1) applicant's instruction permit or learner's license;

(2) a completed and notarized Parental Driver Education Affidavit (DL-90B);

(3) a completed student instruction record;

(4) if utilizing the Model Program, Program 101, the instructor must present written instructional outlines or satisfactory evidence that the TEA Instructional Modules were used for student instruction;

(5) a fee of $5.00;

(6) a high school diploma or its equivalent, or acceptable certification of high school/GED enrollment and attendance, Texas Education Agency (TEA) form CDD-104, or equivalent; and

(7) other information as required by the department.

(d) Upon acceptance of the above documentation, Driver License Service personnel will provide the form DE-964 for completion by the instructor indicating successful completion of the course. The department copy and the TEA copy of the form will be surrendered to the department. The school copy and the insurance copy of the form will be given to the applicant. If an electronic version of the DE-964 is used, one copy will be printed and given to the applicant.

(e) The department requires the use of DPS DL-90B form.

(f) For the first six months after issuance of the provisional license the individual will be subject to a traffic violation if found to be operating a motor vehicle while using a wireless communication device, between the hours of midnight and 5:00 a.m. or operating with more than one unrelated passenger in the vehicle unless a license operator over 21 years of age is occupying the front seat with the driver. Exceptions for operating between midnight and 5:00 a.m. are to and from work, school related activity, or a medical emergency.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 24, 2009.

TRD-200903072

Lamar Beckworth

Director

Texas Department of Public Safety

Earliest possible date of adoption: September 6, 2009

For further information, please call: (512) 424-2135