Texas Administrative Code Title 37

Public Safety and Corrections: As effective August 6, 2010

§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 to obtain a provisional driver license.

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

(c) The applicant must provide the following at a Driver License office:

(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.


Source Note: The provisions of this §18.25 adopted to be effective June 18, 2003, 28 TexReg 4562; amended to be effective December 13, 2009, 34 TexReg 8791