By Combs H.B. No. 3063
74R2212 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the licensing and employment of school bus drivers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 3, Article 6687b-2, Revised Statutes, is
1-5 amended by adding Subdivision (30) to read as follows:
1-6 (30) "School bus" means a commercial motor vehicle
1-7 used to transport students of a public or private school that
1-8 offers a general education in primary or secondary grades.
1-9 SECTION 2. Section 21(c), Article 6687b-2, Revised Statutes,
1-10 is amended to read as follows:
1-11 (c) The department may issue commercial driver's licenses
1-12 with the following endorsements:
1-13 (1) authorizing the driver to drive a vehicle
1-14 transporting hazardous materials;
1-15 (2) authorizing the towing of double and triple
1-16 trailers and trailers over a specified weight;
1-17 (3) authorizing the driving of vehicles carrying
1-18 passengers;
1-19 (4) authorizing the driving of tank vehicles; <and>
1-20 (5) representing a combination of hazardous materials
1-21 and tank vehicle endorsements; and
1-22 (6) authorizing the driving of school buses.
1-23 SECTION 3. Article 6687b-2, Revised Statutes, is amended by
1-24 adding Section 18B to read as follows:
2-1 Sec. 18B. COMMERCIAL DRIVER'S LICENSE TO DRIVE SCHOOL BUS.
2-2 (a) A person must provide the department with a complete set of
2-3 the person's fingerprints if the person applies for:
2-4 (1) a commercial driver learner's permit with an
2-5 endorsement authorizing the driving of a school bus; or
2-6 (2) a commercial driver's license with an endorsement
2-7 authorizing the driving of a school bus, if the person has not
2-8 previously obtained a commercial driver learner's permit with an
2-9 endorsement authorizing the driving of a school bus.
2-10 (b) Except as provided by Subsection (d) of this section,
2-11 the department may not issue a commercial driver's license with an
2-12 endorsement authorizing the driving of a school bus unless:
2-13 (1) the person has passed:
2-14 (A) a written examination designed specifically
2-15 to test the person's knowledge of procedures for the safe operation
2-16 of a school bus, including student loading and unloading; and
2-17 (B) a driving test designed specifically to
2-18 examine the person's ability to operate a school bus safely,
2-19 including student loading and unloading; and
2-20 (2) the department has:
2-21 (A) obtained and reviewed criminal history
2-22 record information relating to the person from the Federal Bureau
2-23 of Investigation and the department's records; and
2-24 (B) determined that the person's criminal
2-25 history record information does not indicate that the person has
2-26 been convicted of a felony or an offense involving moral turpitude
2-27 or otherwise poses a likely danger to students, according to
3-1 standards adopted by the department.
3-2 (c) On application for renewal of a commercial driver's
3-3 license with an endorsement authorizing the driving of a school
3-4 bus, a person shall provide a complete set of the person's
3-5 fingerprints as necessary to enable the department to obtain
3-6 criminal history record information relating to the person for the
3-7 period elapsing since the department last obtained the information.
3-8 The department shall obtain the person's criminal history record
3-9 information for the period elapsing since the department last
3-10 obtained the information and shall make the determination as
3-11 required by Subsection (b)(2)(B) of this section before renewing a
3-12 person's commercial driver's license with an endorsement
3-13 authorizing the driving of a school bus. A person seeking renewal
3-14 of a license to drive with an endorsement authorizing the driving
3-15 of a school bus is not required to retake and pass the examinations
3-16 required by Subsection (b)(1) of this section.
3-17 (d) The department may issue a temporary commercial driver's
3-18 license that expires 120 days after the date of issuance with an
3-19 endorsement that authorizes the driving of a school bus before the
3-20 department has received and evaluated the person's criminal history
3-21 record information as required by Subsections (b)(2) and (c) of
3-22 this section if:
3-23 (1) the person has applied for an original commercial
3-24 driver's license with an endorsement authorizing the driving of a
3-25 school bus and has passed the examinations required by Subsection
3-26 (b)(1) of this section; or
3-27 (2) the person has applied for renewal of a commercial
4-1 driver's license with an endorsement authorizing the driving of a
4-2 school bus.
4-3 (e) In the manner provided by Section 22(a), Chapter 173,
4-4 Acts of the 47th Legislature, Regular Session, 1941 (Article 6687b,
4-5 Vernon's Texas Civil Statutes), the department may revoke a
4-6 temporary commercial driver's license issued to a person under
4-7 Subsection (d) if the department receives criminal history record
4-8 information relating to the person that the department determines
4-9 indicates that the person has been convicted of a felony or an
4-10 offense involving moral turpitude or otherwise poses a likely
4-11 danger to students, according to standards adopted by the
4-12 department. A person may appeal the revocation of a temporary
4-13 commercial driver's license under this subsection in the manner
4-14 provided by Section 31, Chapter 173, Acts of the 47th Legislature,
4-15 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
4-16 Statutes).
4-17 (f) A person denied a commercial driver's license with an
4-18 endorsement authorizing the driving of a school bus on the ground
4-19 that the person's criminal history record information indicates
4-20 that the person has been convicted of a felony or an offense
4-21 involving moral turpitude or otherwise poses a likely danger to
4-22 students may file a written request for a hearing with the public
4-23 safety director. If a hearing is requested, the public safety
4-24 director shall provide for a hearing to be held in accordance with
4-25 Section 22(a), Chapter 173, Acts of the 47th Legislature, Regular
4-26 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes). If
4-27 the denial of the license is upheld at the hearing, the person may
5-1 appeal the decision as provided by Section 31, Chapter 173, Acts of
5-2 the 47th Legislature, Regular Session, 1941 (Article 6687b,
5-3 Vernon's Texas Civil Statutes). The issues in a hearing or on
5-4 appeal are:
5-5 (1) whether the person's criminal history record
5-6 information indicates that the person has been convicted of a
5-7 felony or an offense involving moral turpitude or otherwise poses a
5-8 likely danger to students, according to standards adopted by the
5-9 department; and
5-10 (2) whether the department's standards for determining
5-11 whether a person poses a likely danger to students are reasonable.
5-12 (g) The department shall adopt and charge a fee, in addition
5-13 to other fees required by law, to each applicant for a commercial
5-14 driver learner's permit or original or renewed commercial driver's
5-15 license with an endorsement authorizing the driving of a school
5-16 bus. The fee shall be set in an amount sufficient to meet the
5-17 department's expenses incurred in administering this section.
5-18 SECTION 4. Section 21.917, Education Code, is amended by
5-19 amending Subsections (a) and (h) and adding Subsection (i) to read
5-20 as follows:
5-21 (a) A school district shall obtain criminal history record
5-22 information that relates to an applicant to whom an offer of
5-23 employment, other than employment to drive a bus in which students
5-24 of that district are transported, is being considered by the
5-25 district. A district is not required to obtain information under
5-26 this section, but may do so, if the applicant was initially
5-27 certified by the State Board of Education in the year preceding the
6-1 date of the application.
6-2 (h)<(1)> A school district may <shall> also obtain criminal
6-3 history record information from the Department of Public Safety and
6-4 the Federal Bureau of Investigation that relates to:
6-5 (1) a district employee or applicant for employment
6-6 who drives or seeks to drive a bus in which students of that
6-7 district are transported; or
6-8 (2) an employee of or an applicant to whom an offer of
6-9 employment is being considered by a public or commercial
6-10 transportation company if the company contracts with a school
6-11 district to provide transportation services and the employee or
6-12 applicant is retained to or is applying for a position to drive a
6-13 bus in which students of that district are transported, provided
6-14 that:
6-15 (A) in the case of criminal history record
6-16 information for such employees or applicants of a commercial
6-17 transportation company, the company shall submit the names of such
6-18 employees and applicants to the district together with the other
6-19 identification data required to obtain criminal history
6-20 information, including, if requested by the district, a complete
6-21 set or sets of each individual's fingerprints in the format
6-22 required by the district; if the school district obtains
6-23 information that an employee or applicant has been convicted of a
6-24 felony or an offense involving moral turpitude, the district shall
6-25 inform the company's chief personnel officer of the person's name,
6-26 and the company may not employ the person to drive a bus in which
6-27 the students are transported; and
7-1 (B) in the case of criminal history record
7-2 information for such employees or applicants of a public
7-3 transportation company, the company shall make the names of such
7-4 employees and applicants available to the district together with
7-5 the other identification data required to obtain criminal history
7-6 information, including, if requested by the district, a complete
7-7 set or sets of each individual's fingerprints in the format
7-8 required by the district; if the company obtains information that
7-9 an employee or applicant has been convicted of a felony or an
7-10 offense involving moral turpitude, the company may not employ the
7-11 person to drive a bus in which the students are transported.
7-12 <(2) The company and its employees shall hold the
7-13 information in confidence for the limited purpose for which it was
7-14 provided.>
7-15 (i) A commercial transportation company that obtains
7-16 criminal history record information under Subsection (h)(2) and the
7-17 company's employees shall hold the information in confidence for
7-18 the limited purpose for which it is provided.
7-19 SECTION 5. The heading to Section 21.917, Education Code, is
7-20 amended to read as follows:
7-21 Sec. 21.917. ACCESS TO POLICE RECORDS OF EMPLOYMENT
7-22 APPLICANTS AND EMPLOYEES.
7-23 SECTION 6. (a) The Department of Public Safety shall
7-24 establish a school transportation advisory board to facilitate
7-25 development and implementation of the process established by
7-26 Section 18B, Article 6687b-2, Revised Statutes, as added by this
7-27 Act. The advisory board shall assist the department in developing
8-1 testing materials and standards required by Section 18B, Article
8-2 6687b-2, Revised Statutes, as added by this Act.
8-3 (b) The advisory board shall consist of at least one
8-4 representative of:
8-5 (1) a public school district, appointed by the
8-6 commissioner of education;
8-7 (2) a private entity providing student transportation
8-8 services under a contract with a public school district, appointed
8-9 by the commissioner of education;
8-10 (3) the Central Education Agency, appointed by the
8-11 commissioner of education; and
8-12 (4) the Department of Public Safety, appointed by the
8-13 public safety director.
8-14 (c) A member of the advisory board is not entitled to
8-15 compensation for service on the board but is entitled to
8-16 reimbursement of the member's expenses as provided in the General
8-17 Appropriations Act.
8-18 (d) The school transportation advisory board created under
8-19 this section is abolished effective January 1, 1998.
8-20 SECTION 7. (a) Notwithstanding Section 21(c), Article
8-21 6687b-2, Revised Statutes, as amended by this Act, a person who, on
8-22 January 1, 1996, holds a commercial driver's license issued before
8-23 that date that authorizes the person to drive a school bus may
8-24 continue to drive a school bus until the license expires. A person
8-25 seeking renewal of that license must comply with Section 18B(c),
8-26 Article 6687b-2, Revised Statutes, as added by this Act, and
8-27 thereafter the person is subject to all applicable provisions of
9-1 Section 18B, Article 6687b-2, Revised Statutes, as added by this
9-2 Act. A person seeking renewal of a license authorizing a person to
9-3 drive a school bus issued before January 1, 1996, is not required
9-4 to pass the examinations required by Section 18B(b)(1), Article
9-5 6687b-2, Revised Statutes, as added by this Act.
9-6 (b) Notwithstanding Section 21(c), Article 6687b-2, Revised
9-7 Statutes, as amended by this Act, a person who, on January 1, 1996,
9-8 holds a commercial driver learner's permit issued before that date
9-9 that authorizes the person to drive a school bus may continue to
9-10 drive a school bus as authorized by the permit until the permit
9-11 expires.
9-12 SECTION 8. This Act takes effect September 1, 1995, except
9-13 that Sections 1, 2, 3, 4, 5, and 7 take effect January 1, 1996.
9-14 SECTION 9. The importance of this legislation and the
9-15 crowded condition of the calendars in both houses create an
9-16 emergency and an imperative public necessity that the
9-17 constitutional rule requiring bills to be read on three several
9-18 days in each house be suspended, and this rule is hereby suspended.