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Texas Statutes (Last Updated: January 4, 2014) |
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TRANSPORTATION CODE |
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Title 7. VEHICLES AND TRAFFIC |
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Subtitle B. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS |
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Chapter 521. DRIVER'S LICENSES AND CERTIFICATES |
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Subchapter K. RESTRICTED LICENSES |
Sec. 521.222. INSTRUCTION PERMIT
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(a) The department or a driver education school licensed under the Texas Driver and Traffic Safety Education Act (Article 4413(29c), Vernon's Texas Civil Statutes) may issue an instruction permit, including a Class A or Class B driver's license instruction permit, to a person who:
(1) is 15 years of age or older but under 18 years of age;
(2) has satisfactorily completed and passed the classroom phase of an approved driver education course, which may be a course approved under Section 521.205;
(3) meets the requirements imposed under Section 521.204(3); and
(4) has passed each examination required under Section 521.161 other than the driving test.
(b) The department may issue an instruction permit to a person 18 years of age or older who has successfully passed all parts of the driver's examination required under Section 521.161 other than the driving test.
(c) A driver education school may issue an instruction permit to a person 18 years of age or older who has successfully passed:
(1) a six-hour adult classroom driver education course approved by the Texas Education Agency; and
(2) each part of the driver's examination required by Section 521.161 other than the driving test.
(d) An instruction permit entitles the holder to operate a type of motor vehicle on a highway while:
(1) the permit is in the holder's possession; and
(2) the holder is accompanied by a person occupying the seat by the operator who:
(A) holds a license that qualifies the operator to operate that type of vehicle;
(B) is 21 years of age or older; and
(C) has at least one year of driving experience.
(e) Except as provided by Subsection (f), an instruction permit is not required to include a photograph.
(f) The department may issue an instruction permit under this section to a person who is subject to the registration requirements under Chapter 62, Code of Criminal Procedure, and is otherwise eligible for the permit. An instruction permit issued under this subsection must include a photograph of the person.
(g) A person who occupies the seat in a vehicle by a holder of an instruction permit commits an offense if, while the holder is operating the vehicle, the person:
(1) sleeps;
(2) is intoxicated, as defined by Section 49.01, Penal Code; or
(3) is engaged in an activity that prevents the person from observing and responding to the actions of the operator.
(h) It is a defense to prosecution of a violation under Subsection (g) that at the time of the violation another person in addition to the defendant:
(1) occupied the seat by the operator;
(2) complied with the requirements of Subsections (d)(2)(A)-(C); and
(3) was not in violation of Subsection (g).