BILL ANALYSIS
C.S.S.B. 964
By: Harris
Economic Development
04-10-95
Committee Report (Substituted)
BACKGROUND
Currently, driver education and driving safety courses are licensed
and regulated by the Texas Education Agency. The increasing need
for these schools has led to "black market" teachers and schools
operating unlawfully in Texas. Minimum standards for licensing,
responsibility and accountability are needed for all schools and
instructors of driver education, driving safety, and driving safety
course providers to prevent illegal operations of these programs.
PURPOSE
As proposed, C.S.S.B. 964 amends the licensing and regulation of
driver education and safety schools by charging the Texas Higher
Education Coordinating Board and the commissioner of higher
education with the regulatory power. Provides penalties for any
violation of the regulations.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the commissioner of higher education under SECTION 6 (Section
6(b), Article 4413(29c), V.T.C.S.), the Texas Higher Education
Coordinating Board under SECTIONS 9, 28, and 29 (Section 9A, Art
4413(29c), V.T.C.S., and Sections 143A(d) and (f), Article 6701d,
V.T.C.S.), the members of the Texas Higher Education Coordinating
Board under SECTION 16 (Section 13B(e), Article 4413(29c),
V.T.C.S.), the Department of Public Safety under SECTION 27
(Section 12(c), Article 6687b, V.T.C.S.)
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 21.102, Education Code, as follows:
Sec. 21.102. DRIVER EDUCATION. (a) Requires the Texas
Higher Education Coordinating Board, rather than the Central
Education Agency, to develop a driver education and traffic
safety instructional program for public school students.
(b) Requires the commissioner of higher education
(commissioner), with the approval of the members of the
Texas Higher Education Coordinating Board, to establish
standards for the certification of the personnel who conduct
the programs in public schools.
SECTION 2. Amends Chapter 51F, Education Code, by adding 51.307,
as follows:
Sec. 51.307. DRIVER EDUCATION. Authorizes a driver
education course for the purpose of preparing students to
obtain a driver's license to be offered by an institution of
higher education, with the approval of the Texas Higher
Education Coordinating Board.
SECTION 3. Amends Section 2, Article 4413(29c), V.T.C.S. (Texas
Driver and Traffic Safety Education Act), to make a conforming
change.
SECTION 4. Amends Section 3, Article 4413(29c), V.T.C.S., by
amending Subdivisions (1)-(3), (5), (7), (8), (11), and (14) and
adding Subdivisions (16)-(22), to redefine "agency," "board,"
"commissioner," "operator," "school employee," and "uniform
certificate of completion." Defines "driver training," "school,"
"approved driving safety course," "course provider," "driver
education school," "driver education school owner," "driving safety
course owner," "driving safety school," and "primary consignee."
SECTION 5. Amends Section 4(b), Article 4413(29c), V.T.C.S., to
require the Texas Higher Education Coordinating Board, rather than
the State Board of Education, to enter into a memorandum with the
Texas Rehabilitation Commission and the Department of Public Safety
for development of curricula and licensing criteria for hospital
and rehabilitation facilities that teach driver education. Makes
a conforming change.
SECTION 6. Amends Section 6, Article 4413(29c), V.T.C.S., as
follows:
Sec. 6. DUTIES OF COMMISSIONER. (a) Requires the
commissioner to carry out policies of this Act, enforce rules
adopted by the members of the Texas Higher Education
Coordinating Board, and certify those schools and course
providers meeting the requirements for a driver education
school license, driving safety school (safety school) license,
or both, or for a course provider license, rather than driver
training school license.
(b) Requires the commissioner, by rule, to establish the
curriculum and designate the textbooks that must be used in
a driver education course (course). Makes a nonsubstantive
change.
SECTION 7. Amends Section 7(c), Article 4413(29c), V.T.C.S., to
provide that a course may not be exempt from Section 9A of this
Act, and that a course of study conducted by a college or
university to train unlicensed individuals is not exempt from this
Act.
SECTION 8. Amends Section 9, Article 4413(29c), V.T.C.S., to
prohibit, among others, a person from operating a school that
provides a course without a driver education school license issued
by the commissioner; operating a school that provides driving
safety courses without a driving safety school license issued by
the commissioner; operating as a course provider without a license
issued by the commissioner; issuing, selling, trading, or
transferring a uniform certificate of completion or driver
education certificate to any person or school not authorized to
possess it; or issuing, selling, trading, or transferring a driver
education certificate to a person who has not successfully
completed a driver education course approved by the members of the
Higher Education Coordinating Board. Makes conforming and
nonsubstantive changes.
SECTION 9. Amends Article 4413(29c), V.T.C.S., by adding Section
9A, as follows:
Sec. 9A. DRIVER EDUCATION CERTIFICATES. Requires the Texas
Higher Education Coordinating Board to print and supply to
licensed and exempt driver education schools serially numbered
certificates to be used for certifying completion of an
approved course. Requires the Texas Higher Education
Coordinating Board, by rule, to provide for the design and
distribution of the certificate in a manner that to the
greatest extent possible prevents the unauthorized
reproduction or misuse of the certificates. Authorizes the
Texas Higher Education Coordinating Board to charge a fee of
not more than $4 per certificate.
SECTION 10. Amends Section 10, formerly Section 2, Article
4413(29c), V.T.C.S., to delete language prohibiting a person, firm,
association, partnership, or corporation from operating a
commercial school without the certificate of approval for the
commercial school. Deletes exceptions to this provision.
SECTION 11. Amends Section 10A, Article 4413(29c), V.T.C.S., to
make nonsubstantive and conforming changes.
SECTION 12. Amends Article 4413(29c), V.T.C.S., by adding
Section 10B, as follows:
Sec. 10B. COURSE AT PUBLIC OR PRIVATE SCHOOL. Authorizes a
licensed school to conduct a course at a public or private
school for students of the public or private school as
provided by an agreement with the public or private school.
Subjects the course to all requirements of the law applicable
to a course conducted at the main business location of the
school.
SECTION 13. Amends Section 11, Article 4413(29c), V.T.C.S., to
authorize the commissioner to approve an alternative method if the
commissioner determines that an approved driving safety course can
be taught by an alternative method that does not require the
students to be present in a classroom and that includes testing and
security measures that are at least as secure as the measures
available in a usual classroom. Provides that on approval, the
alternative delivery method is considered to satisfy the
requirements of this Act for a driving safety course. Authorizes
the school to use the alternative delivery method. Provides that
a location at which a person receives supplies or equipment for the
course is considered a classroom of the school providing the
course. Makes a conforming change. Deletes provisions authorizing
instructor preparation courses to be taught at a course owner's
facilities, and requiring all other driver training courses to be
conducted in Central Education Agency-approved schools.
SECTION 14. Amends the section heading to Section 12 and
Sections 12(a) and (b), Article 4413(29c), V.T.C.S., as follows:
Sec. 12. New heading: APPLICATION FOR SCHOOL LICENSE. (a)
Requires a driving safety school to obtain approval from the
Texas Higher Education Coordinating Board for any multiple
classroom locations. Makes a conforming change.
(b) Makes a nonsubstantive change.
SECTION 15. Amends Section 13, Article 4413(29c), V.T.C.S., by
amending Subsections (a), (b), and (d)-(h) and adding Subsections
(a-1) and (a-2), as follows:
(a) Requires the commissioner to approve the application of a
driver education school when the school is found, on
investigation at the premises of the school, to meet specific
criteria.
(a-1) Requires the commissioner to approve the application of
a safety school if on investigation the Texas Higher Education
Coordinating Board finds that the school presents adequate
achievement of the stated objective of the course, the school
has the adequate tools to provide training of good quality,
the instructors have adequate education and experience
qualifications, the school keeps adequate records as
prescribed by the commissioner, the school complies with all
applicable codes and laws, the school's personnel are of good
character, the school does not use erroneous or misleading
advertising, the school does not use a name like or similar to
that of another school, the school has and uses the approved
contract and policies developed by the course provider, the
school does not owe a civil penalty, the school does not
provide the course for less than $25, and the school meets
additional criteria required by the members of the Texas
Higher Education Coordinating Board.
(a-2) Requires the commissioner to approve the application of
a person to be a course provider if on investigation the
commissioner finds that the course provider has an approved
course; can show that there is at least one licensed safety
school that is willing to offer the course; has adequate
experience; has specific rules and policies; mails a uniform
certificate of completion to the student within 15 working
days after course completion; maintains adequate records as
prescribed by the commissioner; complies with all applicable
codes and laws; is financially sound and able to fulfill
training commitments; has a good reputation; has proper
tuition and fee refunding policies; does not use erroneous or
misleading advertising; does not use a name similar to another
existing school; does not owe a civil penalty; and meets
additional requirements of the members of the Texas Higher
Education Coordinating Board.
(b)(1) Requires the fees to be as follows:
(A) Provides that the initial fee for a driver education
school license is $1,000 plus $850 for each branch
location; the initial fee for the school license is an
appropriate amount to the members of the Texas Higher
Education Coordinating Board to not exceed $200; and the
initial fee for a course provider license is appropriate
to the amount established by the members of the Texas
Higher Education Coordinating Board not to exceed $2,000,
except that the fee may be waived by the Texas Higher
Education Coordinating Board if revenue received by the
Texas Higher Education Coordinating Board from the course
provider is sufficient to fund the cost of licensing the
course provider.
(B) Provides that the annual renewal fee for a course
provider, driving safety school, driver education school,
and branch school is an appropriate amount established by
the members of the Texas Higher Education Coordinating
Board not to exceed $200, but may be waived if the revenue
generated by the issuance, rather than sale, of uniform
certificates of completion and driver education
certificates is sufficient to cover the cost of
administering this Act and Section 143A, Article 6701d,
V.T.C.S.
(C) Provides that the fee for a change of address of a
driver education school is $180 and of a school or course
provider is $50.
(D) Provides that the name change fee for a driver
education school, its owner, or its course provider is
$100, and the name change fee for a school or its owner is
$50.
(E) Provides that the fee for each additional driver
education or safety course at a school is $25.
(F) Makes no change.
(G) Requires each application for a driving safety course
that has not been evaluated by the members of the Texas
Higher Education Coordinating Board to be accompanied by
a $9,000 fee.
(H) Requires each application for a driver education or
driving safety instructor's license to be accompanied by
a fee, except that the commissioner may not collect the
processing fee for an applicant for a driving education
instructor license who is currently teaching the course in
a public school on this state.
(I) Deletes language requiring the a fee to cover the cost
of issuing a duplicate license.
(2) and (3) Make no change.
(4) Requires the fee for an investigation of a school or
course provider to resolve a complaint filed against the
school or course provider to be set by the commissioner and
approved by the members of the Texas Higher Education
Coordinating Board. Makes conforming changes.
(5) Prohibits a course provider from charging an operator
fee in excess of the fee paid to the Texas Higher Education
Coordinating Board for a certificate. Requires the course
provider to charge and retain a user fee of not less than $3
a student for the use of course materials, oversight, and
administration of the course. Makes conforming changes.
(6) Authorizes money in the special account of the general
revenue fund to be appropriated only for payment of monetary
awards for information concerning abuse of the driver
education or certificates that leads to the conviction or
removal of an approval, license, or authorization. Provides
that this dedication is exempt from application of Sections
403.094 and 403.095, Government Code. Deletes existing
Subdivision (6), and redesignates existing subdivision (7).
(7) Requires duplicate certificates to be issued by the
Texas Higher Education Coordinating Board. Requires an
appropriate fee for issuing duplicate certificates to be
determined by rule of the members of the Texas Higher
Education Coordinating Board.
(d)(1) Requires the commissioner, on review of an application
for a driving safety or driver education school or coarse
provider license, rather than training school license, to
issue a license to the applicant. Makes nonsubstantive
changes.
(2)-(5) Make conforming and nonsubstantive changes.
(e) Makes conforming changes.
(f) Makes conforming changes.
(g)(1) Deletes language requiring all schools besides a
primary driver education school to submit a $5,000 bond.
Requires posting of bonds to satisfy the requirements for
financial stability for driver education schools. Makes
conforming changes.
(2) Provides that a school is not required to post a surety
bond.
(3) Requires, before a license may be issued, a bond to be
provided by the course provider for the period for which the
license is to be issued. Requires the obligation of the
bond to be that no provision of this Act or Article 6701d,
V.T.C.S., and no rule adopted under this Act may be violated
by the course provider or any of its officers, agents or
employees. Requires a course provider to submit the bond in
the amount of $25,000. Requires the bond to be a corporate
surety issued by a company authorized to do business in this
state, payable to the state, and used for student refund
payments, to cover any unpaid fees or fines assessed by the
Texas Higher Education Coordinating Board, and to recover
the costs associated with the certificates.
(4) Authorizes the school, instead of the bond required by
Subdivision (1), to provide another form of security that is
approved by the commissioner, and in the amount required for
a comparable bond under Subdivision (1) or (3) of this
subsection.
(h)(1) Requires the driver education school or course provider
to maintain a cancellation and settlement policy unless the
student has successfully completed the course or received a
failing grade on the course examination, rather than accepted
a certificate of completion. Makes conforming changes.
(2) Requires a school, as a condition for granting a driver
education school license, to maintain certain policies for
the refund of the unused portion of driver education charges
including a provision that refunds items of extra expense to
the student that are separately stated and shown in data
furnished to the student before enrollment and the student
returns any school property in the student's possession to
the school. Makes a conforming change.
(3) and (4) Make conforming changes.
SECTION 16. Amends Article 4413(29c), V.T.C.S., by adding
Sections 13A and 13B, as follows:
Sec. 13A. INSURANCE. (a) Requires a driver education school
to maintain certain types of insurance in specified amounts
issued by an insurance company authorized to do business in
this state.
(b) Requires the driver education school to provide the
Texas Higher Education Coordinating Board certificates of
insurance evidencing the coverage required under Subsection
(a). Requires the certificates to indicate the existence of
the coverage policy limits and to provide for notification
to the Texas Higher Education Coordinating Board by the
insurance company or its authorized agent before the policy
is canceled. Requires a certificate for motor vehicle or
fleet coverage to also indicate automatic coverage for
additions or replacements.
Sec. 13B. COURSE PROVIDER RESPONSIBILITIES. Requires an
issued certificate to be mailed to the student by the 15th day
after completion of an approved driver safety course only by
the course provider or authorized personnel at the course
provider's facilities.
(b) Requires data identified by the Texas Higher Education
Coordinating Board pertaining to issued certificates to be
submitted electronically by each course provider to the
Texas Higher Education Coordinating Board in a manner
determined by the Texas Higher Education Coordinating Board.
(c) Requires the Texas Higher Education Coordinating Board
to investigate options to develop and implement procedures
to provide information pertaining to driving safety courses
by electronic transmission to the state municipal and
justice courts.
(d) Requires a course provider to conduct driving safety
instructor development courses for its approved driving
safety course.
(e) Authorizes the members of the Texas Higher Education
Coordinating Board to adopt additional rules to ensure
integrity of the course and enhance program quality.
(f) Provides that a course provider license entitles a
provider to purchase uniform certificates of completion for
only one approved driving safety course.
SECTION 17. Amends Section 15, Article 4413(29c), V.T.C.S., as
follows:
Sec. 15. New heading: LICENSE REQUIRED FOR INSTRUCTOR. (a)
Prohibits a person from teaching or giving driver safety
training, rather than driver training unless a driving safety
instructor license has been secured from the Texas Higher
Education Coordinating Board. Prohibits a person from teaching
or giving driver education, either as an individual or in a
school, or any phase of driver education unless a driver
education instructor license has been secured from the Texas
Higher Education Coordinating Board. Deletes existing
Subdivisions (1) and (2) which provides exceptions to this
subsection. Makes conforming and nonsubstantive changes.
(b) Provides that a driver education or safety license,
rather than training license, expires not more than, rather
than automatically, 12 months after the date of issue.
Requires license renewal applications to include evidence of
completion of continuing education. Requires the continuing
education to be in courses approved by the commissioner and
be for a certain number of hours determined by the
commissioner.
(c) Requires a driver safety instructor license to be
carried by the instructor at all times while instructing
driving safety courses. Requires each license to be issued
under the seal of the members of the Texas Higher Education
Coordinating Board, rather than the Central Education
Agency. Deletes language prohibiting a person from teaching
or giving driver training without a license as a driver
training instructor. Makes a nonsubstantive and a
conforming change.
SECTION 18. Amends Article 4416(29c), V.T.C.S., by adding
Section 15A, as follows:
Sec. 15A. DRIVER EDUCATION INSTRUCTOR TRAINING. (a)
Requires the commissioner, with approval of the members of the
Texas Higher Education Coordinating Board, to establish
standards for certification of professional and
paraprofessional personnel who conduct driver education
programs in driver education schools.
(b) Prohibits a driver education license from being issued
authorizing a person to teach or give driver education in-car training unless the person has successfully completed
six semester hours of driver and traffic safety education or
a program of study in driver education approved by the
members of the Texas Higher Education Coordinating Board
from an approved driver education school. Authorizes a
person holding a driver education instructor license
(instructor license) authorizing in-car training to be
approved to assist classroom instructors in the classroom
phase of driver education if the person successfully
completes the additional three semester hours of training
required for a classroom instructor or a program of study in
driver education approved by the members of the Texas Higher
Education Coordinating Board that includes administering
driver education programs and supervising and administering
traffic safety education.
(c) Prohibits a driver education instructor license from
being issued authorizing a person to teach or give classroom
driver education training unless the person has completed a
required course or program of study approved by the members
of the Texas Higher Education Coordinating Board and holds
a teaching certificate and any additional certification
required to teach driver education.
(d) Authorizes a driver education instructor who has
completed the educational requirements for a classroom
driver education instructor to be approved to teach
instructor training classes after successfully completing a
supervising instructor development program consisting of at
least six additional semester hours or a program of study in
driver education approved by the members of the Texas Higher
Education Coordinating Board that includes administering
driver education programs and supervising and administering
traffic safety education.
(e) Authorizes an driver education school to submit for
approval by the Texas Higher Education Coordinating Board a
curriculum for an instructor development program for driver
education instructors. Requires the program to be taught by
a person who has successfully completed a supervising
instructor development program under Subsection (d) of this
section and has satisfied the requirements for the
particular program or type of training to be provided.
SECTION 19. Amends Section 16, Article 4413(29c), V.T.C.S., as
follows:
Sec. 16. DENIAL, SUSPENSION, REVOCATION GROUNDS. (a)
Created from existing text.
(b) Requires the Texas Higher Education Coordinating Board
to notify the applicant or license holder by certified mail
of the decision by the 10th day after the date of a
decision.
SECTION 20. Amends Section 17, Article 4413(29c), V.T.C.S., as
follows:
Sec. 17. HEARING. (a) Authorizes a person aggrieved by the
denial, suspension, or revocation of a license to appeal the
decision and request a hearing before the commissioner.
Requires the request to be submitted by the 15th day after the
date of receipt of the notice of the decision. Requires the
commissioner, on receipt of a request for hearing, to set a
time and place for the hearing and send notice to the person
of the time and place. Requires a hearing to be held within
30 days after the date of the receipt of request. Authorizes
the applicant or licensee to appear in person or by counsel
and present evidence at the hearing. Authorizes any
interested person to appear and present oral or documentary
evidence. Deletes existing Subsection (a) relating to license
revocation and the appeals hearing process.
(b) Requires the commissioner, rather than the Central
Education Agency, to conduct the administrative hearing
except as provided by Subsection (c). Requires the
commissioner to notify the applicant or license holder by
certified mail of the commissioner's decision on the appeal.
Makes nonsubstantive changes.
(c) Authorizes the Texas Higher Education Coordinating Board
to contract with another entity for the conducting of a
hearing.
SECTION 21. Amends Section 18, Article 4413(29c), V.T.C.S., as
follows:
Sec. 18. New heading: JUDICIAL REVIEW. (a) Authorizes the
commissioner's decision on the appeal to be appealed to a
district court in Travis County. Deletes existing Subsection
(a) relating to the appeals process for an applicant before
the commissioner. Redesignates existing Subsection (b).
(b)-(e) Redesignate existing Subsections (c)-(f).
SECTION 22. Amends Section 25, Article 4413(29c), V.T.C.S., as
follows:
Sec. 25. SANCTIONS. (a) Authorizes the Texas Higher
Education Coordinating Board, if it believes that a driver
education school or instructor has violated this Act or a rule
adopted under this Act, without notice, to order a peer
review, suspend the enrollment of students in the school or
the offering of instruction by the instructor, or suspend the
right to purchase driver education certificates of completion.
(b) Authorizes the Texas Higher Education Coordinating
Board, if it believes that a course provider, safety school,
or driving safety instructor has violated this Act or the
Uniform Act Regulating Traffic on Highways, without notice,
to place specific sanctions on the course provider, safety
school, or driver safety instructor. Makes conforming
changes.
(c) Makes conforming changes. Redesignates existing
Subsection (b).
SECTION 23. Amends Section 27, Article 4413(29c), V.T.C.S., to
require any person who violates a provision of this Act, commits an
offense, rather than being guilty of a misdemeanor, and except as
otherwise provided by law, to be fined between $100 and $20,000,
rather than $1,000, or by imprisonment in the county jail not to
exceed 6 months, or both.
SECTION 24. Amends Article 4413(29c), V.T.C.S., by adding
Section 27A, as follows:
Sec. 27A. UNAUTHORIZED TRANSFER OF CERTIFICATE. (a)
Provides that a person who knowingly sells, trades, issues, or
otherwise transfers, or possess as with intent to sell trade,
issue, or otherwise transfer a certificate or driver education
certificate to an individual, firm, or corporation not
authorized to possess it commits an offense.
(b) Provides that a person who knowingly possesses a uniform
certificate of completion or driver education certificate
and who is not authorized to possess the certificate commits
an offense.
(c) Requires a person adjudged guilty of an offense under
this section to be punished by imprisonment in the
institutional division of the Texas Department of Criminal
Justice for a term not to exceed five years.
SECTION 25. Amends Section 7(a), Article 6687(b), V.T.C.S., to
include in the list of people eligible as a Class C driver, a
person who has submitted to the Department of Public Safety
(department) a driver education certificate indicating that the
person has completed and passed a driver education course. Makes
conforming changes.
SECTION 26. Amends Section 10, Article 6687b, V.T.C.S., by
adding Subsection (e), to authorize a licensed driver education
school to administer the vision, highway sign, and traffic law
parts of the examination to a student of the school. Provides that
an examination administered under this subsection satisfies the
examination requirements of the section as to the parts of the test
administered.
SECTION 27. Amends Section 12(c), Article 6687b, V.T.C.S., to
authorize the department or a licensed driver education school to
issue an instruction permit to persons who meet the requirements.
Requires the department to provide a driver education school
appropriate forms for the instruction permits authorized to be
issued by the school. Provides that an applicant to the department
for issuance of an instruction permit is not required for a permit
issued by a driver education school. Requires the school to
collect the applicable fee for an instruction permit and forward it
to the department. Requires the department, by rule, to provide
for administration of the issuance of instruction permits by driver
education schools. Authorizes an instruction permit to be issued
by a driver education school only to a student of the school.
SECTION 28. Amends Section 143A, Article 6701d, V.T.C.S.
(Uniform Act Regulating Traffic on Highways) by amending
Subsections (a) and (d) and adding Subsections (h)-(l), as follows:
(a) Requires the court to advise the defendant of his right to
successfully complete a driving safety course.
(1) Authorizes the court in its discretion to defer
proceedings and allow the person 90 days to take a driving
safety course approved by the Texas Higher Education
Coordinating Board and 30 additional days to present a
uniform certificate of course completion as evidence that
the class was completed subsequent to the alleged act.
(2) Makes a conforming change.
(d) Requires the Texas Higher Education Coordinating Board to
adopt and administer comprehensive rules governing driving
safety courses and place on file such rules with the secretary
of state. Makes conforming changes.
(h) Requires an issued uniform certificate of completion to be
mailed to the student by the 15th working day after completion
of the approved driving safety course only by the course
provider or authorized personnel at the course provider's
facilities.
(i) Requires data identified by the Texas Higher Education
Coordinating Board pertaining to issued uniform certificates
of completion to be submitted electronically by each course
provider to the Texas Higher Education Coordinating Board in
a manner determined by the Texas Higher Education Coordinating
Board.
(j) Requires duplicate uniform certificates of completion to
be issued by the Texas Higher Education Coordinating Board.
Requires an appropriate fee for issuing duplicate certificates
to be determined by rule of the members of the Texas Higher
Education Coordinating Board.
(k) Requires the Texas Higher Education Coordinating Board to
investigate options to develop and implement procedures to
provide information pertaining to driving safety courses by
electronic transmission to the state municipal and justice
courts.
(l) Prohibits a driving safety course from being provided to
a student for a cost less than $25.
SECTION 29. Amends Sections 143A(f) and (g), Article 6701d,
V.T.C.S., as follows:
(f) Requires the Texas Higher Education Coordinating Board, by
rule, to provide for the design and distribution of the
certificate in a manner that to the greatest extent possible
prevents the unauthorized production or misuse of the
certificate. Makes conforming changes.
(g) Requires the Texas Higher Education Coordinating Board to
print and supply the serially numbered uniform certificates to
licensed course providers, rather than owners or primary
consignees of approved courses. Authorizes the Texas Higher
Education Coordinating Board to charge a fee not to exceed $4
for each certificate. Requires the members of the Texas
Higher Education Coordinating Board, rather than the Central
Education Agency, to deposit the fees with the state treasurer
to be used for the expense of supplying the certificates,
payments of monetary awards for information concerning abuse
of the certificates that leads to the conviction or removal of
an approval, license, or authorization. Requires the course
provider to charge and retain a user fee of not less than $3
a student for the use of course materials, oversight, and
administration of the course. Makes conforming changes.
SECTION 30. Amends Articles 45.54(2) and (3), Code of Criminal
Procedure, to require the justice to require the defendant to
successfully complete a driving safety course if the defendant,
among other requirements, has not completed an approved driving
safety course within the 12 preceding months. Makes conforming
changes.
SECTION 31. (a) Effective date: September 1, 1995.
(1) Provides that a rule of the State Board of Education is
in effect as a rule of the Texas Higher Education
Coordinating Board until superseded by a rule of the Texas
Higher Education Coordinating Board.
(2) Provides that a proposed rule of the State Board of
Education regarding the regulation of driver training
schools is considered to have been proposed by the Texas
Higher Education Coordinating Board. Requires the Texas
Higher Education Coordinating Board to continue the
rulemaking process.
(3) Provides that a certificate, license, approval,
exemption, registration, or notice of adverse action in
effect and issued by the Central Education Agency is
continued in effect as if issued by the Texas Higher
Education Coordinating Board until expiration, suspension,
or revocation or until superseded by the Texas Higher
Education Coordinating Board.
(4) Provides that a complaint or investigation pending
before the Central Education Agency is transferred without
change in status to the Texas Higher Education Coordinating
Board.
(5) Provides that a contested case pending before the
Central Education Agency is the Central Education Agency's
responsibility until administratively final. Provides that
a subsequent court proceeding on the matter is treated as if
administrative action had been taken by the Texas Higher
Education Coordinating Board, and in a pending case the
Texas Higher Education Coordinating Board is substituted for
the Central Education Agency.
(6) Provides that a certificate of completion of a driving
safety course authorized by law and issued by the Central
Education Agency is considered issued by the Texas Higher
Education Coordinating Board.
(7) Provides that obligations of the Central Education
Agency arising from implementation of this Act and
equipment, furniture, and other property and personnel
assigned to the administration of this Act are transferred
to the Texas Higher Education Coordinating Board for
purposes of the Texas Driver and Traffic Safety Education
Act.
(8) Provides that any unspent money appropriated to the
Central Education Agency for implementation of the Texas
Driver and Traffic Safety Education Act is transferred to
the Texas Higher Education Coordinating Board for
implementation of this Act.
(9) Provides that a reference in law to the Central
Education Agency in relation to regulation of driver
training schools and an approved driver safety course means
the Texas Higher Education Coordinating Board.
(10) Provides that persons issued a certificate, license,
approval, or notice of good standing by the Central
Education Agency and a certificate of completion of a
Central Education Agency-approved course are considered to
maintain the same status that applied immediately before the
effective date of this Act.
(b) Requires a person who on the effective date of this Act
has an application for a certificate, license, approval,
exemption, or registration on file with the Central Education
Agency to be treated by the Texas Higher Education
Coordinating Board as if the application had been filed with
the Texas Higher Education Coordinating board.
(c) Requires the Central Education Agency, within two months
after the effective date of this Act, to prepare an inventory
of items covered by Subsections (a)(7) and (8) for review and
approval by the Texas Higher Education Coordinating Board.
(d) Authorizes the Central Education Agency to hire hearings
officers or use the State Office of Administrative Hearings.
Requires the Central Education Agency to reach a final
disposition of each pending case on or before September 1,
1996.
(e) Requires the Texas Higher Education Coordinating Board to
adopt the necessary rules under the Texas Driver and Traffic
Safety Education Act and begin issuing certificates of
completion for approved driving safety courses on or before
September 1, 1996.
(f) and (g) Makes application of this Act prospective.
SECTION 32. Emergency clause.