A driver license applicant who is younger than 18 years of
age must, in addition to all other requirements as described in this
section, including the application fee, meet the following requirements
for issuance of each type of minor driver license.
(1) Learner License.
(A) A learner license applicant must appear at a driver
license office and submit:
(i) a high school diploma or the equivalent, acceptable
certification of a high school completion course/GED enrollment and
attendance, or a Verification of Enrollment (VOE) form or the equivalent;
(ii) if previously licensed (including an instruction
permit or learner license) in another state, the license from the
other state or an executed department affidavit certifying the license
was lost, stolen, or expired;
(iii) completed FOR LEARNER LICENSE ONLY portion of
the Texas Driver Education Certificate; and
(iv) results for any examinations performed by a state-approved
driver education provider.
(B) A learner license issued to an applicant who fails
to complete the concurrent driver education classroom instruction
will be canceled by the department.
(2) Provisional License.
(A) A provisional license applicant must submit:
(i) the applicant's learner license;
(ii) completed Texas Driver Education Certificate;
(iii) proof of liability insurance if the applicant
owns a vehicle;
(iv) if not presented for learner license issuance,
proof of high school completion, enrollment and attendance in a completion
program, VOE or the equivalent;
(v) if the skills examination is performed at the driver
license office, valid motor vehicle registration and inspection for
the vehicle that will be used for the examination;
(vi) if previously licensed (including and instruction
permit or learner license) in another state, the license from the
other state or an executed department affidavit certifying the license
was lost, stolen, or expired; and
(vii) if not already included as part of the driver
license record, an applicant must appear in person at a driver license
office and present a completed "Application for a Texas Driver
License or Identification Card" and all documents required to
obtain a Texas driver license as described in Subchapter B of this
chapter.
(3) Hardship License.
(A) An applicant for a hardship driver license, also
known as a minor's restricted driver license, in addition to meeting
all application requirements, must complete all components of a state-approved
driver education course, pass the skills examination, meet the requirements
of Texas Transportation Code, §521.223, and provide evidence
of hardship.
(B) The hardship license application must be executed
by an authorized adult on behalf of a minor, with the adult and minor
signing the form and presenting it in person at a driver license office.
Hardship requirements, including examinations, cannot be conducted
by a driver education school or authorized entity.
(C) Only a parent, guardian, or person having custody
of a minor may make application on behalf of the minor applicant.
If the minor has no parent, guardian, or custodian, then an employer
or county judge may apply.
(D) The department may require additional evidence
or conduct an investigation to confirm information furnished on any
application for a hardship driver license.
(E) Any restriction approved on the hardship driver
license application by the department or by court order, and found
by the department to be necessary and not in conflict with the original
authorization or court order, must be added to the license. Restrictions
will normally be the time frame and area necessary to relieve a hardship
or emergency.
(F) Types of hardship that may qualify a person for
a hardship license are:
(i) Unusual economic hardship. Applicants who meet
and provide acceptable evidence of the following criteria will be
considered for licensing under Texas Transportation Code, §521.223(a)(1):
(I) married and maintains a separate household apart
from the parent or guardian;
(II) head of a household other than as a married person;
(III) has dependent children and must drive to ensure
the welfare of the children;
(IV) only person in the household eligible for a driver
license;
(V) only person in the household eligible for a driver
license, other than the head of the household and that person is absent
from the residence for sustained periods of time due to work necessitating
licensing of the applicant to sustain the household;
(VI) attends school and must work to provide basic
necessities and other means of transportation are not available without
causing other family members to be absent from work;
(VII) requires transportation to and from school and
a school bus or public transportation is not available. Travel to
participate in school activities such as sports, band or other extracurricular
activities is not sufficient reason to establish unusual economic
hardship; and
(VIII) must drive in order to assist in essential farming
or ranching activity, which is the primary source of family income.
(ii) Illness, sickness, or disability of a family member.
A signed statement from the attending physician attesting that the
family member must not drive due to the condition/illness is required
for license issuance under Texas Transportation Code, §521.223(a)(2).
(iii) Enrollment in a career and technology or vocational
education program requiring a driver license to participate. Certification
from the school administration attesting the enrollment of the applicant
in an approved career and technology education course recognized by
the school for academic credit and that driving by the applicant is
necessary to pursue such program is required for license issuance
under Texas Transportation Code, §521.223(a)(3).
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