The department may issue a learner license to eligible people, and the holder may drive only with the required supervising person and possession of the license. The license must include a photo in one case, and certain seat occupants commit an offense if they sleep, are intoxicated, or cannot watch and respond.
Sec. 521.222. LEARNER LICENSE. (a) The department may issue a learner license, including a Class A or Class B driver's learner license, 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 taught under Section 1001.112, Education Code; (3) meets the requirements imposed under Section 521.204(a)(3); and (4) has passed each examination required under Section 521.161 other than the driving test. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1059 (H.B. 3050), Sec. 16, eff. September 1, 2017. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1059 (H.B. 3050), Sec. 16, eff. September 1, 2017. (d) A learner license entitles the holder to operate a type of motor vehicle on a highway while: (1) the license 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 (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1059 (H.B. 3050), Sec. 16, eff. September 1, 2017. (f) The department may issue a learner license 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 license. A learner license 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 a learner license 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). Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.80(a), eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 546, Sec. 2, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1251, Sec. 2, eff. Jan. 1, 2002. Amended by: Acts 2007, 80th Leg., R.S., Ch. 347 (S.B. 153), Sec. 1, eff. September 1, 2007. Acts 2015, 84th Leg., R.S., Ch. 1044 (H.B. 1786), Sec. 63, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 1059 (H.B. 3050), Sec. 8, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 1059 (H.B. 3050), Sec. 9, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 1059 (H.B. 3050), Sec. 16, eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 5.66, eff. September 1, 2021.