BILL ANALYSIS

Senate Research Center	S.B. 2304
88R15913 DIO-D	By: LaMantia
	Education
	4/17/2023
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

During the 86th Legislature, the House and the Senate unanimously approved S.B. 976, also known as the Samuel Allen Law, which authorized the Texas Driving with Disability Program (program). An important component of the program is the voluntary disclosure by the individual of a communication impediment on their Texas driver's license or on their vehicle registration. This makes for safer interactions between law enforcement and individuals with disabilities by allowing officers conducting traffic stops to be aware of an individual's communication impediment. S.B. 2304 builds upon this program.

S.B. 2304 directs public school districts and open-enrollment charter schools to provide information regarding the program to students with disabilities and to their parents. This information is to be provided annually starting on the student's 16th birthday and continuing until their high school graduation or their twenty-first birthday, depending on which occurs first. Additionally, S.B. 2304 requires information about the program to be included in the curriculum of every driver's education course.

The informational materials provided will be prepared by the Texas Education Agency in collaboration with the Texas Department of Motor Vehicles, the Department of Public Safety of the State of Texas, and the Governor's Committee on People with Disabilities.

This proposal received the unanimous vote of the members of the Governor's Committee on People with Disabilities.

As proposed, S.B. 2304 amends current law relating to providing information regarding the Texas Driving with Disability Program to certain public school students and in the curriculum of driver education courses and driving safety courses.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Commission on Licensing and Regulation in SECTION 2 (Section 1001.10161, Education Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter A, Chapter 29, Education Code, by adding Section 29.0113, as follows:

Sec. 29.0113. DRIVING WITH DISABILITY PROGRAM INFORMATION. (a) Requires each school district and open-enrollment charter school to provide information regarding the Texas Driving with Disability Program (program) to:

(1) students who have a health condition or disability that may impede effective communication with a peace officer and:

(A) who receive special education services under Subchapter A (Special Education Program); or

(B) who are covered by Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794); and

(2) the parents of students described by Subdivision (1).

(b) Requires that the information described under Subsection (a) be provided to each student who is 16 years of age or older and annually until the earlier of the student's:

(1) graduation from high school; or

(2) 21st birthday.

(c) Requires the Texas Education Agency (TEA) to collaborate with the Department of Public Safety of the State of Texas, the Texas Department of Motor Vehicles, and the Governor's Committee on People with Disabilities to develop the information materials to be provided under Subsection (a). Provides that the materials:

(1) are required to include information regarding a person's option to voluntarily list any health condition or disability that may impede the person's communication with a peace officer on a person's vehicle registration information in accordance with Section 502.061 (Registration by Owner with Condition that Impedes Effective Communication), Transportation Code, or application for an original license under Section 521.142 (Application for Original License), Transportation Code; and

(2) are authorized to be provided with any transition planning materials provided under this subchapter.

SECTION 2. Amends Subchapter C, Chapter 1001, Education Code, by adding Section 1001.10161, as follows:

Sec. 1001.10161. DRIVING WITH DISABILITY PROGRAM INFORMATION. Requires the Texas Commission on Licensing and Regulation (TCLR) by rule to require that information relating to the program be included in the curriculum of each driver education and driving safety course.

SECTION 3. (a) Requires TCLR, not later than May 1, 2024, to adopt the rules required by Section 1001.10161, Education Code, as added by this Act.

(b) Requires each provider of a driver education course or a driving safety course, not later than September 1, 2024, to certify to TCLR that the course curriculum has been updated to include the information required by Section 1001.10161, Education Code, as added by this Act.

SECTION 4. Provides that this Act applies beginning with the 2023�2024 school year.

SECTION 5. Effective date: upon passage or September 1, 2023.