By Horn H.B. No. 2524
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to parental instruction of a child eligible to undertake a
1-3 driver education and traffic safety course.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Texas Driver and Traffic Safety
1-6 Education Act (Article 4413(29c), is amended to read as follows:
1-7 Sec. 2. No person, firm, association, partnership, or
1-8 corporation shall operate a commercial driver-training school
1-9 unless a certificate of approval for the commercial driver-training
1-10 school has been secured under the Texas Proprietary School Act
1-11 (Chapter 32, Education Code). This section does not apply to
1-12 training or classes conducted by:
1-13 (1) colleges, universities, high schools, and junior
1-14 high schools for students as a part of the normal program for such
1-15 institutions; or
1-16 (2) an organization with 50,000 or more members that
1-17 qualifies for a tax exemption under Section 501(a), Internal
1-18 Revenue Code of 1986 (26 U.S.C. Section 501), based on being
1-19 listed under Section 501(c)(4), Internal Revenue Code of 1986 (26
1-20 U.S.C. Section 501), and conducts a driving safety course for its
1-21 members and other individuals who are at least 50 years of age that
1-22 is not utilized for the dismissal of certain misdemeanor charges as
1-23 provided by Section 143A, Uniform Act Regulating Traffic on
2-1 Highways (Article 6701d, Vernon's Texas Civil Statutes); or
2-2 (3) the parent or legal guardian of a person sixteen
2-3 (16) years of age or older.
2-4 SECTION 2. Section 7, Texas Driver and Traffic Safety
2-5 Education Act (Article 4413(29c), is amended to read as follows:
2-6 Sec. 7. (a) An organization is exempt from this Act if it
2-7 has 50,000 or more members, qualifies for a tax exemption under
2-8 Section 501(a), Internal Revenue Code of 1986 (26 U.S.C. Section
2-9 501(a)), based on being listed under Section 501(c)(4), Internal
2-10 Revenue Code of 1986 (26 U.S.C. Section 501(c)(4)), and conducts
2-11 for its members and other individuals who are at least 50 years of
2-12 age a driving safety course that is not used for purposes of
2-13 Section 143A, Uniform Act Regulating Traffic on Highways (Article
2-14 6701d, Vernon's Texas Civil Statutes).
2-15 (b) Classes of a nonexempt course that are taught without
2-16 providing a uniform certificate of completion to graduates of the
2-17 course are exempt from this Act.
2-18 (c) A driver education course is exempt from this Act if it
2-19 is:
2-20 (1) a vocational driver training school operated to
2-21 train or prepare a person for a field of endeavor in a business,
2-22 trade, technical, or industrial occupation;
2-23 (2) a school or training program that offers only
2-24 instruction of purely avocational or recreational subjects as
2-25 determined by the commissioner;
3-1 (3) a course of instruction or study sponsored by an
3-2 employer for the training of its own employees, and no tuition is
3-3 charged to a student;
3-4 (4) a course of study or instruction sponsored by a
3-5 recognized trade, business, or professional organization for the
3-6 instruction of the members of the organization with a closed
3-7 membership;
3-8 (5) a school that is otherwise regulated and approved
3-9 under any other state law,<; or>
3-10 (6) a course of study conducted by a college or
3-11 university to train unlicensed individuals; or
3-12 (7) a course of instruction or study administered by a
3-13 parent or legal guardian for the instruction of their child.
3-14 SECTION 3. Subchapter D, Section 21.102 is amended by adding
3-15 Subsection (c) to read as follows:
3-16 (c) The Central Education Agency shall develop a program of
3-17 organized instruction in driver education and traffic safety
3-18 conducted by the parent or legal guardian of a person who is
3-19 fifteen (15) years of age or older.
3-20 SECTION 4. This Act takes effect September 1, 1995.
3-21 SECTION 5. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days by each house by suspended, and this rule is hereby suspended.