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.