By Bailey H.B. No. 3128
74R7515 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of driver training; providing a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 21.102, Education Code, is amended to
1-5 read as follows:
1-6 Sec. 21.102. Driver Education. (a) The Texas Higher
1-7 Education Coordinating Board <Central Education Agency> shall
1-8 develop a program of organized instruction in driver education and
1-9 traffic safety for public school students. A student who will be
1-10 15 years of age or older before a driver education and traffic
1-11 safety course ends may enroll in the course.
1-12 (b) With the approval of the board <State Board of
1-13 Education>, the commissioner of higher education shall establish
1-14 standards for the certification of professional and
1-15 paraprofessional personnel who conduct the programs in the public
1-16 schools.
1-17 SECTION 2. Subchapter F, Chapter 51, Education Code, is
1-18 amended by adding Section 51.307 to read as follows:
1-19 Sec. 51.307. DRIVER EDUCATION. A driver education course
1-20 for the purpose of preparing students to obtain a driver's license
1-21 may be offered by an institution of higher education, as defined by
1-22 Section 61.003, with the approval of the Texas Higher Education
1-23 Coordinating Board.
1-24 SECTION 3. Section 2, Texas Driver and Traffic Safety
2-1 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
2-2 as added by Chapter 835, Acts of the 72nd Legislature, Regular
2-3 Session, 1991, is amended to read as follows:
2-4 Sec. 2. Purpose and objectives. Traffic crashes in Texas
2-5 annually take the lives of thousands of people and cause billions
2-6 of dollars in economic losses. These alarming facts make safe
2-7 driving a concern for all citizens of the state. Deaths, injuries,
2-8 and property damage must be reduced. The attitudes and skills of
2-9 drivers must be improved through effective driver education and
2-10 training. It is a matter of vital public importance to identify
2-11 and implement all reasonable means to reduce the toll in human
2-12 suffering and property loss that is inflicted by vehicle crashes.
2-13 The purpose of this Act is to improve driver knowledge and skills
2-14 through the licensing and regulation by the Texas Higher Education
2-15 Coordinating Board of driver training schools and driver training
2-16 instructors in Texas. It is additionally intended that state
2-17 agency rules affecting schools that qualify as small businesses be
2-18 established and administered so as to have the least possible
2-19 adverse economic effect on those establishments.
2-20 SECTION 4. Section 3, Texas Driver and Traffic Safety
2-21 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
2-22 is amended by amending Subdivisions (1), (2), (3), (5), (7), (8),
2-23 (11), and (14) and adding Subdivisions (16), (17), (18), (19),
2-24 (20), and (21) to read as follows:
2-25 (1) "Agency" means the Texas Higher Education
2-26 Coordinating Board <Central Education Agency>, acting directly or
2-27 through its authorized officers and agents.
3-1 (2) "Board" means the members of the Texas Higher
3-2 Education Coordinating Board <State Board of Education>.
3-3 (3) "Commissioner" means the commissioner of higher
3-4 education or a person knowledgeable in the administration of
3-5 regulating driver training schools and designated by the
3-6 commissioner to administer this Act.
3-7 (5) "Driver training" <training school" or "school">
3-8 means driver education provided by a driver education school and
3-9 driving safety training provided by a driving safety school <any
3-10 enterprise that maintains a place of business or solicits business
3-11 in the state, that is operated by an individual, association,
3-12 partnership, or corporation, for the education and training of
3-13 persons, at a primary location or extension, in driver education,
3-14 driving safety, or any instructor development program, and that is
3-15 not specifically exempted by this Act>.
3-16 (7) "School" <"Extension"> means a driver education
3-17 school or driving safety school <an entity that geographically
3-18 extends the educational resources of a driver training school by
3-19 offering a driving safety course in a location other than the main
3-20 business location of the school. An extension may use multiple
3-21 locations to teach a driving safety course if each location is
3-22 approved by the parent school and the agency. A driver education
3-23 course may not be conducted at an extension. An extension of an
3-24 extension is not permitted>.
3-25 (8) "Operator" means a person approved by a driving
3-26 safety course owner or consignee to conduct an approved
3-27 <agency-approved> driving safety course.
4-1 (11) "School employee" means any person, other than an
4-2 owner, who directly or indirectly receives compensation from the
4-3 school for instructional or other services rendered.
4-4 (14) "Uniform certificate of completion" means a
4-5 document that is printed, administered, and supplied by the agency
4-6 to owners or primary consignees for issuance to students who
4-7 successfully complete an approved <agency-approved> driving safety
4-8 course and that meets the requirements of Section 143A, Uniform Act
4-9 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
4-10 Statutes).
4-11 (16) "Approved driving safety course" means a driving
4-12 safety course approved by the board.
4-13 (17) "Course provider" means an enterprise that
4-14 maintains a place of business or solicits business in this state,
4-15 that is operated by an individual, association, partnership, or
4-16 corporation, and that is a driving safety course owner or primary
4-17 consignee.
4-18 (18) "Driver education school" means an enterprise
4-19 that maintains a place of business or solicits business in this
4-20 state, that is operated by an individual, association, partnership,
4-21 or corporation for the education and training of persons at a
4-22 primary or branch location in driver education or driver education
4-23 instructor development, and that is not specifically exempted by
4-24 this Act.
4-25 (19) "Driving safety course owner" means an enterprise
4-26 that is operated by an individual, association, partnership, or
4-27 corporation that has received an approval for a driving safety
5-1 course from the board.
5-2 (20) "Driving safety school" means an enterprise that
5-3 maintains a place of business or solicits business in this state,
5-4 that is operated by an individual, association, partnership, or
5-5 corporation for the education and training of persons in driving
5-6 safety, and that is not specifically exempted by this Act. A
5-7 driving safety school may use multiple classroom locations to teach
5-8 a driving safety course if each location is approved by the parent
5-9 school and the agency and bears the same name and has the same
5-10 ownership as the parent school.
5-11 (21) "Primary consignee" means any enterprise that is
5-12 operated by an individual, association, partnership, or corporation
5-13 that has been designated by a driving safety course owner to
5-14 conduct business and represent the course owner in this state.
5-15 SECTION 5. Section 4(b), Texas Driver and Traffic Safety
5-16 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
5-17 is amended to read as follows:
5-18 (b) The agency <board> shall enter into a memorandum of
5-19 understanding with the Texas Rehabilitation Commission and the
5-20 Department of Public Safety for the interagency development of
5-21 curricula and licensing criteria for hospital and rehabilitation
5-22 facilities that teach driver education. The agency shall
5-23 administer comprehensive rules governing driver education courses
5-24 adopted by mutual agreement between the board, the Texas
5-25 Rehabilitation Commission, and the Department of Public Safety.
5-26 The agency <board> shall file the rules with the secretary of
5-27 state.
6-1 SECTION 6. Section 6, Texas Driver and Traffic Safety
6-2 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
6-3 is amended to read as follows:
6-4 Sec. 6. DUTIES OF COMMISSIONER. (a) The commissioner shall
6-5 carry out the policies of this Act, enforce rules adopted by the
6-6 board, and certify those schools and course providers meeting the
6-7 requirements for <a> driver education and driving safety <training>
6-8 school and course provider licenses <license>.
6-9 (b) The commissioner by rule shall establish the curriculum
6-10 and designate the textbooks that must be used in a driver education
6-11 course. In addition, the <The> commissioner may adopt and enforce
6-12 temporary rules under this Act, but the temporary rules are valid
6-13 only until the next meeting of the board.
6-14 SECTION 7. Section 7(c), Texas Driver and Traffic Safety
6-15 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
6-16 is amended to read as follows:
6-17 (c) A driver education course is exempt from this Act,
6-18 except Section 9A of this Act, if it is:
6-19 (1) a vocational driver training school operated to
6-20 train or prepare a person for a field of endeavor in a business,
6-21 trade, technical, or industrial occupation;
6-22 (2) a school or training program that offers only
6-23 instruction of purely avocational or recreational subjects as
6-24 determined by the commissioner;
6-25 (3) a course of instruction or study sponsored by an
6-26 employer for the training of its own employees, and no tuition is
6-27 charged to a student;
7-1 (4) a course of study or instruction sponsored by a
7-2 recognized trade, business, or professional organization for the
7-3 instruction of the members of the organization with a closed
7-4 membership; or
7-5 (5) a school that is otherwise regulated and approved
7-6 under any other state law<; or>
7-7 <(6) a course of study conducted by a college or
7-8 university to train unlicensed individuals>.
7-9 SECTION 8. Section 9, Texas Driver and Traffic Safety
7-10 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
7-11 is amended to read as follows:
7-12 Sec. 9. Prohibitions. A person may not:
7-13 (1) operate a school that provides a driver education
7-14 course without a driver education <training> school license issued
7-15 by the commissioner;
7-16 (2) operate a school that provides driving safety
7-17 courses without a driving safety school license issued by the
7-18 commissioner;
7-19 (3) operate as a course provider without a course
7-20 provider license issued by the commissioner;
7-21 (4) <(2)> utilize advertising designed to mislead or
7-22 deceive a prospective student;
7-23 (5) <(3)> fail to notify the commissioner of the
7-24 discontinuance of the operation of any school within three working
7-25 days after cessation of classes and make available accurate records
7-26 as required by this Act;
7-27 (6) <(4)> sell, trade, or transfer a uniform
8-1 certificate of completion or driver education certificate to any
8-2 person or<,> school<, or extension> not authorized to possess it;
8-3 (7) <(5)> sell, trade, or transfer:
8-4 (A) a uniform certificate of completion to a
8-5 student who has not successfully completed an approved
8-6 <agency-approved>, six-hour driving safety course; or
8-7 (B) a driver education certificate to a person
8-8 who has not successfully completed a board-approved driver
8-9 education course;
8-10 (8) <(6)> negotiate any promissory instrument received
8-11 as payment of tuition or other charge before completion of 75
8-12 percent of the course, except that before that time, the instrument
8-13 may be assigned to a purchaser who will be subject to all the
8-14 defenses available against the school named as payee;
8-15 (9) <(7)> conduct any part of an approved
8-16 <agency-approved> driver education or driving safety course without
8-17 an instructor who is physically present in appropriate proximity to
8-18 the student for the type of instruction being given; or
8-19 (10) <(8)> violate any provision of this Act.
8-20 SECTION 9. The Texas Driver and Traffic Safety Education Act
8-21 (Article 4413(29c), Vernon's Texas Civil Statutes) is amended by
8-22 adding Section 9A to read as follows:
8-23 Sec. 9A. DRIVER EDUCATION CERTIFICATES. The agency shall
8-24 print and supply to licensed and exempt driver education schools
8-25 serially numbered driver education certificates to be used for
8-26 certifying completion of an approved driver education course for
8-27 the purposes of Section 7(a), Chapter 173, Acts of the 47th
9-1 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
9-2 Civil Statutes). The agency by rule shall provide for the design
9-3 and distribution of the certificates in a manner that to the
9-4 greatest extent possible prevents the unauthorized reproduction or
9-5 misuse of the certificates. The agency may charge a fee of not
9-6 more than $4 for each certificate.
9-7 SECTION 10. Section 10, formerly Section 2, Texas Driver and
9-8 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
9-9 Civil Statutes), as amended by Chapters 835 and 867, Acts of the
9-10 72nd Legislature, Regular Session, 1991, is amended to read as
9-11 follows:
9-12 Sec. 10. LICENSE REQUIRED FOR DRIVER TRAINING SCHOOL. A
9-13 person may not operate a driver training school unless a driver
9-14 training school license for the school has been secured.
9-15 <No person, firm, association, partnership, or corporation
9-16 shall operate a commercial driver-training school unless a
9-17 certificate of approval for the commercial driver-training school
9-18 has been secured under the Texas Proprietary School Act (Chapter
9-19 32, Education Code). This section does not apply to training or
9-20 classes conducted by:>
9-21 <(1) colleges, universities, high schools, and junior
9-22 high schools for students as a part of the normal program for such
9-23 institutions; or>
9-24 <(2) an organization with 50,000 or more members that
9-25 qualifies for a tax exemption under Section 501(a), Internal
9-26 Revenue Code of 1986 (26 U.S.C. Section 501), based on being
9-27 listed under Section 501(c)(4), Internal Revenue Code of 1986 (26
10-1 U.S.C. Section 501), and conducts a driving safety course for its
10-2 members and other individuals who are at least 50 years of age that
10-3 is not utilized for the dismissal of certain misdemeanor charges as
10-4 provided by Section 143A, Uniform Act Regulating Traffic on
10-5 Highways (Article 6701d, Vernon's Texas Civil Statutes).>
10-6 SECTION 11. Section 10A, Texas Driver and Traffic Safety
10-7 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
10-8 is amended to read as follows:
10-9 Sec. 10A. BRANCH LOCATIONS. A driver education <training>
10-10 school that teaches a driver education course at one or more branch
10-11 locations other than the main business location of the school must
10-12 obtain a driver education <training> school license for the main
10-13 business location of the school and a driver education <training>
10-14 school license for each branch location. A <An extension or a>
10-15 branch location of a branch location is not permitted.
10-16 SECTION 12. The Texas Driver and Traffic Safety Education
10-17 Act (Article 4413(29c), Vernon's Texas Civil Statutes) is amended
10-18 by adding Section 10B to read as follows:
10-19 Sec. 10B. COURSE AT PUBLIC OR PRIVATE SCHOOL. A licensed
10-20 driver training school may conduct a driver training course at a
10-21 public or private school for students of the public or private
10-22 school as provided by an agreement with the public or private
10-23 school. The course is subject to all requirements of law
10-24 applicable to a course conducted at the main business location of
10-25 the driver training school.
10-26 SECTION 13. Section 11, Texas Driver and Traffic Safety
10-27 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
11-1 is amended to read as follows:
11-2 Sec. 11. LOCATIONS AUTHORIZED FOR INSTRUCTION. Driving
11-3 safety courses complying with Section 143A, Uniform Act Regulating
11-4 Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes),
11-5 may be taught at a driving safety <an extension or in a driver
11-6 training> school if the entity is approved by the agency.
11-7 <Instructor preparation courses may be conducted at a course
11-8 owner's facilities. All other driver training courses must be
11-9 conducted in agency approved schools.>
11-10 SECTION 14. The section heading to Section 12 and Sections
11-11 12(a) and (b), Texas Driver and Traffic Safety Education Act
11-12 (Article 4413(29c), Vernon's Texas Civil Statutes), are amended to
11-13 read as follows:
11-14 Sec. 12. APPLICATION FOR <DRIVER TRAINING> SCHOOL LICENSE.
11-15 (a) To operate or do business in this state, a school must make
11-16 written application to the commissioner for a driver education or
11-17 driving safety <training> school license. The application must be
11-18 verified, be in the form prescribed by the board, and include all
11-19 information required. A driving safety school <that offers driving
11-20 safety courses> shall obtain approval from the agency for any
11-21 multiple classroom locations <extension>.
11-22 (b) A school may not maintain, advertise, solicit for, or
11-23 conduct any course of instruction in this state before the later
11-24 of:
11-25 (1) the 30th day after the date the school applies
11-26 <submits all required documentation, information, and fees and a
11-27 surety bond> for a driver training school license; or
12-1 (2) the date the school receives a driver training
12-2 school license from the commissioner.
12-3 SECTION 15. Section 13, Texas Driver and Traffic Safety
12-4 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
12-5 is amended by amending Subsections (a), (b), (d), (e), (f), (g),
12-6 and (h) and adding Subsections (a-1) and (a-2) to read as follows:
12-7 (a) The commissioner shall approve the application of a
12-8 driver education school when the school is found, on investigation
12-9 at the premises of the school, to meet the following criteria:
12-10 (1) the courses, curriculum, and instruction are of
12-11 such quality, content, and length as may reasonably and adequately
12-12 achieve the stated objective for which the courses, curriculum, and
12-13 instruction are offered;
12-14 (2) there are in the school, and in the provision for
12-15 behind-the-wheel instruction, adequate space, equipment,
12-16 instructional material, and instructors to provide training of good
12-17 quality;
12-18 (3) educational and experience qualifications of
12-19 directors, instructors, and administrators are adequate;
12-20 (4) a copy of the schedule of tuition, fees, refund
12-21 policy, and other charges, regulations pertaining to absence,
12-22 grading policy, and rules of operation and conduct, and the name,
12-23 mailing address, and telephone number of the agency for the purpose
12-24 of directing complaints to the agency is furnished to each student
12-25 before enrollment;
12-26 (5) on completion of training, each student is given a
12-27 certificate by the school indicating the course name and
13-1 satisfactory completion;
13-2 (6) adequate records as prescribed by the commissioner
13-3 are kept to show attendance and progress or grades, and
13-4 satisfactory standards relating to attendance, progress, and
13-5 conduct are enforced;
13-6 (7) the school complies with all county, municipal,
13-7 state, and federal regulations, including fire, building, and
13-8 sanitation codes and assumed name registration;
13-9 (8) the school is financially sound and capable of
13-10 fulfilling its commitments for training;
13-11 (9) the school's administrators, directors, owners,
13-12 and instructors are of good reputation and character;
13-13 (10) the school has, maintains, and publishes as part
13-14 of its student enrollment contract the proper policy for the refund
13-15 of the unused portion of tuition, fees, and other charges if a
13-16 student enrolled by the school fails to take the course or
13-17 withdraws or is discontinued from the school at any time before
13-18 completion;
13-19 (11) the school does not use erroneous or misleading
13-20 advertising, either by actual statement, omission, or intimation,
13-21 as determined by the board;
13-22 (12) the school does not use a name like or similar to
13-23 the name of another existing school or tax-supported educational
13-24 establishment in this state, unless specifically approved in
13-25 writing by the commissioner;
13-26 (13) the school submits to the agency for approval the
13-27 applicable course hour lengths and curriculum content for each
14-1 course offered by the school;
14-2 (14) the school does not owe a civil penalty under
14-3 this Act; and
14-4 (15) additional criteria as may be required by the
14-5 agency <board>.
14-6 (a-1) The commissioner shall approve the application of a
14-7 driving safety school if on investigation the agency finds that:
14-8 (1) the school presents the driving safety course,
14-9 curriculum, and instruction in a quality, content, and length that
14-10 reasonably and adequately achieve the stated objective for which
14-11 the course, curriculum, and instruction are developed by the
14-12 course provider;
14-13 (2) the school has adequate space, equipment,
14-14 instructional material, and instructors to provide training of good
14-15 quality;
14-16 (3) the school's instructors and administrators have
14-17 adequate educational and experience qualifications;
14-18 (4) the school keeps and maintains adequate records as
14-19 prescribed by the commissioner to show attendance and progress of
14-20 grades and that satisfactory standards relating to attendance,
14-21 progress, and conduct are enforced;
14-22 (5) the school complies with all county, municipal,
14-23 state, and federal law, including fire, building, and sanitation
14-24 codes and assumed name registration;
14-25 (6) the school's administrators, owners, and
14-26 instructors are of good reputation and character;
14-27 (7) the school does not use erroneous or misleading
15-1 advertising, either by actual statement, omission, or intimation,
15-2 as determined by the board;
15-3 (8) the school does not use a name like or similar to
15-4 the name of another existing school or tax-supported educational
15-5 establishment in this state unless specifically approved in writing
15-6 by the commissioner;
15-7 (9) the school has, maintains, and uses the approved
15-8 contract and policies developed by the course provider;
15-9 (10) the school does not owe a civil penalty under
15-10 this Act;
15-11 (11) the school will not provide a driving safety
15-12 course to any student for a cost less than $25; and
15-13 (12) the school meets additional criteria required by
15-14 the board.
15-15 (a-2) The commissioner shall approve the application of a
15-16 course provider if on investigation the agency finds that:
15-17 (1) the course provider has an approved course;
15-18 (2) the course provider can show evidence that there
15-19 is at least one licensed driving safety school that is willing to
15-20 offer the course;
15-21 (3) the course provider has adequate educational and
15-22 experience qualifications;
15-23 (4) the course provider will develop and provide to
15-24 driving safety schools that offer the approved course a refund
15-25 policy, regulations pertaining to absence, grading policy, rules of
15-26 operation, and conduct, and the name, mailing address, and
15-27 telephone number of the agency for the purpose of directing
16-1 complaints to the agency and that copies of these will be furnished
16-2 to each student by the schools before enrollment;
16-3 (5) not later than the 15th working day after the date
16-4 of completion of the course by a student, the course provider mails
16-5 a uniform certificate of completion to the student indicating the
16-6 course name and successful completion;
16-7 (6) the course provider keeps and maintains adequate
16-8 records as prescribed by the commissioner to show attendance and
16-9 progress or grades and that satisfactory standards relating to
16-10 attendance, progress, and conduct are enforced;
16-11 (7) the course provider complies with all county,
16-12 municipal, state, and federal law, including assumed name
16-13 registration and other applicable requirements;
16-14 (8) the course provider is financially sound and
16-15 capable of fulfilling its commitments for training;
16-16 (9) the course provider is of good reputation and
16-17 character;
16-18 (10) the course provider has, maintains, and publishes
16-19 as a part of its student enrollment contract the proper policy for
16-20 the refund of the unused portion of tuition, fees, and other
16-21 charges if a student enrolled by the school fails to take the
16-22 course or withdraws or is discontinued from the school at any time
16-23 before completion;
16-24 (11) the course provider does not use erroneous or
16-25 misleading advertising, either by actual statement, omission, or
16-26 intimation, as determined by the board;
16-27 (12) the course provider does not use a name like or
17-1 similar to the name of another existing school or tax-supported
17-2 educational establishment in this state unless specifically
17-3 approved in writing by the commissioner;
17-4 (13) the course provider does not owe a civil penalty
17-5 under this Act; and
17-6 (14) the course provider meets additional criteria
17-7 required by the board.
17-8 (b)(1) License, application, and registration fees shall be
17-9 collected by the commissioner and deposited with the state
17-10 treasurer. Fees shall be sufficient to cover administrative costs
17-11 and may not be subject to refund. Fees shall be as follows <Each
17-12 fee shall be set by the commissioner and approved by the board in
17-13 an amount not to exceed 150 percent of the following>:
17-14 (A) (i) the initial fee for a driver education
17-15 <training> school license is $1,000 <$1,700> plus $850 for each
17-16 branch location;
17-17 (ii) the initial fee for a driving safety
17-18 school license is an appropriate amount established by the board
17-19 not to exceed $200; and
17-20 (iii) the initial fee for a course
17-21 provider license is an appropriate amount established by the board
17-22 not to exceed $2,000, except that this fee may be waived by the
17-23 agency if revenue generated by the course approval is sufficient to
17-24 fund the cost of licensing the course provider;
17-25 (B) the <(i)> annual renewal fee for a course
17-26 provider, driving safety school, driver education school, and
17-27 branch school is an appropriate amount established by the board not
18-1 to exceed $200, but <fees as specified in this subsection> may be
18-2 waived by the agency if revenue generated by the sale of uniform
18-3 certificates of completion and driver education certificates is
18-4 sufficient to fund the cost of administering this Act and Section
18-5 143A, Uniform Act Regulating Traffic on Highways (Article 6701d,
18-6 Vernon's Texas Civil Statutes); <and>
18-7 <(ii) the annual renewal fee for a school
18-8 license shall be determined by the board in an amount sufficient to
18-9 fund the cost of administering this Act and Section 143A, Uniform
18-10 Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas
18-11 Civil Statutes);>
18-12 (C) the fee for a change of address of a driver
18-13 education school is $180 and of a driving safety school or course
18-14 provider is $50;
18-15 (D) the fee for a change of name of:
18-16 (i) a driver education school or course
18-17 provider or an owner of a driver education school or course
18-18 provider is $100; and
18-19 (ii) a driving safety school or owner of a
18-20 driving safety school is $50;
18-21 (E) the application fee for each additional
18-22 driver education or driving safety course at a school is $25;
18-23 (F) the application fee for each director is
18-24 $30, and for each assistant director, or administrative staff
18-25 member is $15;
18-26 (G) each application for approval of a driving
18-27 safety course that has not been evaluated by the board shall be
19-1 accompanied by a fee of $9,000 <the fee for each extension is $35>;
19-2 (H) each application for an original driver
19-3 education or driving safety <training> instructor's license shall
19-4 be accompanied by a processing fee of $50 and an annual license fee
19-5 of $25, except that the commissioner may not collect the processing
19-6 fee from an applicant for a driver education instructor license who
19-7 is currently teaching a driver education course in a public school
19-8 in this state; and
19-9 (I) the fee for a duplicate license, which may
19-10 be issued if the original is lost or destroyed and an affidavit of
19-11 that fact is filed with the agency, shall be set by the board <in
19-12 an amount sufficient to cover the costs of issuing the duplicate
19-13 license>.
19-14 (2) A driver education instructor who teaches driver
19-15 education courses in a county having a population of 50,000 or
19-16 less, according to the most recent federal census, and who has no
19-17 more than 200 students annually, shall be regulated by the agency
19-18 as a school. An instructor described by this subdivision shall
19-19 submit a school application or renewal form plus all required
19-20 documentation and information to the agency. The commissioner may
19-21 waive initial school fees, annual school renewal fees, or
19-22 director's or administrative staff member's fees. An instructor
19-23 described by this subdivision is not exempt from licensing
19-24 requirements or fees.
19-25 (3) The commissioner shall periodically review and
19-26 recommend adjustments in the level of fees to the board and
19-27 legislature.
20-1 (4) The fee for an investigation of <at> a school or
20-2 course provider to resolve a complaint filed against the school or
20-3 course provider shall be set by the commissioner and approved by
20-4 the board. The complaint investigation fee may be charged only if:
20-5 (A) the complaint could not have been resolved
20-6 solely by telephone or written correspondence;
20-7 (B) a representative of the agency visited the
20-8 school or course provider as a part of the complaint resolution
20-9 process; and
20-10 (C) the school or course provider is found to be
20-11 at fault.
20-12 (5) The agency shall print and supply to licensed
20-13 course providers serially numbered uniform certificates of course
20-14 completion <to owners or primary consignees of courses approved
20-15 under this Act>. The agency may charge a fee of not more than $4
20-16 <$1> for each certificate. A course provider <An owner or
20-17 consignee> may not charge an operator a fee in excess of the fee
20-18 paid to the agency for a certificate. The course provider shall
20-19 charge a user fee of not less than $3 a student for the use of
20-20 course materials, oversight, and administration of the course.
20-21 (6) <The commissioner, with approval of the board, may
20-22 increase any fee authorized under this subsection at a rate that
20-23 does not exceed the increase in the Consumer Price Index for All
20-24 Urban Consumers published by the Department of Labor. Fees under
20-25 this subsection do not have to be increased annually.>
20-26 <(7)> Fees collected under this subsection shall be
20-27 deposited in the state treasury in a special account in the General
21-1 Revenue Fund. Money in the account may be appropriated only for
21-2 payment of monetary awards for information concerning abuse of the
21-3 driver education or uniform certificates of completion that leads
21-4 to the conviction or removal of an approval, license, or
21-5 authorization and for the administration of this Act and Section
21-6 143A, Uniform Act Regulating Traffic on Highways (Article 6701d,
21-7 Vernon's Texas Civil Statutes). This dedication is exempt from the
21-8 application of Sections 403.094 and 403.095, Government Code.
21-9 (7) Duplicate uniform certificates of completion shall
21-10 be issued by the agency. An appropriate fee for issuing duplicate
21-11 certificates shall be determined by board rule.
21-12 (d)(1) The commissioner, on review of an application for a
21-13 driver education school, driving safety school, or course provider
21-14 <training school> license that is submitted in accordance with this
21-15 Act and that meets the requirements of this Act, shall issue a
21-16 <driver training school> license to the applicant. Each <A driver
21-17 training school> license shall be in a form determined
21-18 <recommended> by the commissioner and approved by the board and
21-19 shall show in a clear and conspicuous manner at least the
21-20 following:
21-21 (A) the date of issuance, effective date, and
21-22 term of approval;
21-23 (B) the name and address of the school or course
21-24 provider;
21-25 (C) the authority for approval and conditions of
21-26 approval;
21-27 (D) the signature of the commissioner; and
22-1 (E) any other fair and reasonable
22-2 representations that are consistent with this Act and considered
22-3 necessary by the commissioner.
22-4 (2) The term for which a driver education school,
22-5 driving safety school, or course provider <training school> license
22-6 is issued may not exceed one year.
22-7 (3)(A) A driver education school, driving safety
22-8 school, or course provider <training school> license issued to an
22-9 owner of the applicant school or course provider is nontransferable
22-10 and is the property of the state. In the event of a change in
22-11 ownership of the school or course provider, a new owner shall, at
22-12 least 30 days before the date of the change in ownership, apply for
22-13 a new driver education school, driving safety school, or course
22-14 provider <training school> license. Instead of the fees required
22-15 by Subsection (b) of this section, the fee for a new driver
22-16 education school or course provider license required under this
22-17 subdivision is $500, plus $200 for each branch location, if the
22-18 purchasing entity is substantially similar to the transferring
22-19 entity and there is no significant change in the management or
22-20 control of the driver education school or course provider.
22-21 (B) The commissioner is not required to
22-22 reinspect a school or a branch location after a change of its
22-23 ownership.
22-24 (4) At least 30 days before the expiration of a driver
22-25 education school, driving safety school, or course provider
22-26 <training school> license, the school or course provider shall
22-27 forward to the commissioner an application for renewal. The
23-1 commissioner may reexamine a driver education school's <the school>
23-2 premises. The commissioner <and> shall renew or cancel the
23-3 <school's> driver education school, driving safety school, or
23-4 course provider <training school> license. If a school or course
23-5 provider fails to file a complete application for renewal at least
23-6 30 days before the expiration date of the driver education school,
23-7 driving safety school, or course provider <training school>
23-8 license, the school or course provider shall pay as a condition of
23-9 renewal and in addition to any annual renewal fee a late renewal
23-10 fee in an amount established by board rule of at least $100,
23-11 subject to Subsection (b) of this section.
23-12 (5) The commissioner shall visit a school or course
23-13 provider and reexamine the school or course provider for compliance
23-14 with the criteria adopted under this Act.
23-15 (e)(1) If the commissioner determines the applicant for a
23-16 driver education school, driving safety school, or course provider
23-17 <training school> license to be unacceptable, the commissioner
23-18 shall state the reasons for denial, in writing, to the applicant.
23-19 (2) Any applicant whose driver education school,
23-20 driving safety school, or course provider <training school> license
23-21 is denied has the right of appeal under Section 17 <18> of this
23-22 Act.
23-23 (f)(1) The commissioner may revoke a driver education
23-24 school, driving safety school, or course provider <training school>
23-25 license or may place reasonable conditions on the continued
23-26 approval represented by the license. On revocation or imposition
23-27 of conditions on a driver education school, driving safety school,
24-1 or course provider <training school> license, the commissioner
24-2 shall notify the licensee, in writing, of the impending action and
24-3 state the grounds for the proposed action. The commissioner may
24-4 reexamine a school or course provider two or more times during any
24-5 year in which a notice relating to the school or course provider
24-6 has been issued or conditions have been imposed on the school under
24-7 this subsection.
24-8 (2) A driver education school, driving safety school,
24-9 or course provider <training school> license may be revoked or be
24-10 made conditional if the commissioner has reasonable cause to
24-11 believe that the school or course provider is guilty of a violation
24-12 of this Act or any rule adopted under this Act.
24-13 (g)(1) Before a driver education <training> school license
24-14 may be issued under this Act, a bond shall be provided by the
24-15 school for the period for which the license is to be issued, and
24-16 the obligation of the bond shall be that neither a provision of
24-17 this Act nor any rule adopted under this Act shall be violated by
24-18 the school or any of its officers, agents, or employees. A driver
24-19 education <training> school <that teaches driver education> shall
24-20 submit a bond in the amount of $10,000 for its primary driver
24-21 education <training> school and $5,000 for each branch location of
24-22 the school. <All other schools shall submit a bond in the amount
24-23 of $5,000.> A bond must be a corporate surety bond issued by a
24-24 company authorized to do business in the state, be payable to the
24-25 state, and be used only for payment of a refund due to a student or
24-26 potential student. The bond shall be filed with the commissioner
24-27 and shall be in such form as shall be approved by the commissioner.
25-1 Posting of these bond amounts shall satisfy the requirements for
25-2 financial stability for driver education schools under this Act.
25-3 (2) A driving safety school is not required to post a
25-4 surety bond.
25-5 (3) Before a course provider license may be issued
25-6 under this Act, a bond shall be provided by the course provider for
25-7 the period for which the license is to be issued, and the
25-8 obligation of the bond shall be that no provision of this Act or
25-9 the Uniform Act Regulating Traffic on Highways (Article 6701d,
25-10 Vernon's Texas Civil Statutes) and no rule adopted under this Act
25-11 may be violated by the course provider or any of its officers,
25-12 agents, or employees. A course provider shall submit the bond in
25-13 the amount of $25,000. The bond must be a corporate surety bond
25-14 issued by a company authorized to do business in this state,
25-15 payable to the state, and used:
25-16 (A) for payment of a refund due to any student
25-17 of the course provider's approved course;
25-18 (B) to cover the payment of any unpaid fees,
25-19 penalties, and fines assessed by the agency; and
25-20 (C) to recover the cost of any uniform
25-21 certificates of completion demanded by the agency to be returned or
25-22 any cost associated with the certificates.
25-23 (4) Instead of the bond required by Subdivision (1) of
25-24 this subsection, the school may provide another form of security
25-25 that is:
25-26 (A) approved by the commissioner; and
25-27 (B) in the amount required for a comparable bond
26-1 under Subdivision (1) or (3) of this subsection.
26-2 (h)(1) As a condition for the granting of a driver education
26-3 <training> school or course provider license, a school or course
26-4 provider must maintain a cancellation and settlement policy that
26-5 provides a full refund of all money paid by a student if:
26-6 (A) the student cancels the enrollment agreement
26-7 or contract before midnight of the third day, excluding Saturdays,
26-8 Sundays, and legal holidays, after the date the enrollment contract
26-9 is signed by the prospective student, unless the student has
26-10 successfully completed the course or received a failing grade on
26-11 the course examination <and accepted a certificate of completion
26-12 during that period>; or
26-13 (B) the enrollment of the student was procured
26-14 as a result of any misrepresentation in advertising, promotional
26-15 materials of the school or course provider, or representation made
26-16 by an owner or employee of the school or course provider.
26-17 (2) As <Unless only driving safety courses are
26-18 proposed to be provided, as> a condition for granting a driver
26-19 education <training> school license, a school shall maintain a
26-20 policy for the refund of the unused portion of driver education
26-21 tuition, fees, and other charges if a student, after expiration of
26-22 the cancellation period described by Subdivision (1) of this
26-23 subsection, fails to enter the course, withdraws, or is
26-24 discontinued from the course at any time before completion, and the
26-25 policy must provide that:
26-26 (A) refunds are based on the period of
26-27 enrollment computed on the basis of course time expressed in clock
27-1 hours;
27-2 (B) the effective date of the termination for
27-3 refund purposes is the earliest of the following:
27-4 (i) the last day of attendance, if the
27-5 student's enrollment is terminated by the school;
27-6 (ii) the date of receipt of written notice
27-7 from the student; or
27-8 (iii) the 10th school day following the
27-9 last day of attendance;
27-10 (C) if tuition is collected in advance of
27-11 entrance and if, after expiration of the cancellation period
27-12 described by Subdivision (1) of this subsection, a student does not
27-13 enter the school, terminates enrollment, or withdraws, the school
27-14 may retain up to $50 as administrative expenses and, from the
27-15 remainder, shall refund that portion of the classroom tuition and
27-16 fees and behind-the-wheel tuition and fees for services not
27-17 previously received by the student;
27-18 (D) refunds of items of extra expense to the
27-19 student, including instructional supplies, books, laboratory fees,
27-20 service charges, rentals, deposits, and all other such ancillary
27-21 miscellaneous charges, will be made within 30 days after the
27-22 effective date of enrollment termination, if these items are
27-23 separately stated and shown in the data furnished the student
27-24 before enrollment; and
27-25 (E) refunds will be completed within 30 days
27-26 after the effective date of enrollment termination.
27-27 (3) If the course of instruction is discontinued by
28-1 the school or course provider, preventing a student from completing
28-2 the course, all tuition and fees paid are then due and refundable.
28-3 (4) If a refund is not made within the period required
28-4 by this subsection, the school or course provider shall pay
28-5 interest on the refund for the interval beginning with the first
28-6 day following the expiration of the refund period and ending with
28-7 the day immediately preceding the date the refund is made. The
28-8 commissioner annually shall establish the rate of interest at a
28-9 rate sufficient to provide a deterrent to the retention of student
28-10 funds. The agency may except a school or course provider from the
28-11 payment of the interest if the school or course provider makes a
28-12 good-faith effort to refund tuition but is unable to locate the
28-13 student to whom the refund is owed. The school or course provider
28-14 shall provide on request of the agency documentation of the effort
28-15 to locate a student.
28-16 SECTION 16. The Texas Driver and Traffic Safety Education
28-17 Act (Article 4413(29c), Vernon's Texas Civil Statutes) is amended
28-18 by adding Sections 13A and 13B to read as follows:
28-19 Sec. 13A. INSURANCE. (a) A driver education school shall
28-20 maintain insurance in at least the following amounts:
28-21 (1) motor vehicle liability insurance in the amount of
28-22 $300,000 for each occurrence;
28-23 (2) personal injury protection in the amount of
28-24 $10,000 for each person in each occurrence;
28-25 (3) uninsured or underinsured motorist insurance in
28-26 the amount of $100,000 for each occurrence; and
28-27 (4) workers' compensation insurance in the amount of
29-1 $500,000 for each occurrence.
29-2 (b) The school shall provide the agency certificates of
29-3 insurance evidencing the coverage required under Subsection (a) of
29-4 this section. The certificates must indicate the existence of
29-5 coverage and policy limits and shall provide for notification to
29-6 the agency by the insurance company or its authorized agent before
29-7 a policy is canceled. A certificate for motor vehicle or fleet
29-8 coverage must also indicate automatic coverage for additions or
29-9 replacements.
29-10 Sec. 13B. COURSE PROVIDER RESPONSIBILITIES. (a) An issued
29-11 uniform certificate of completion shall be mailed to the student
29-12 not later than the 15th working day after the date of completion of
29-13 an approved driving safety course only by the course provider or
29-14 authorized personnel at the course provider's facilities.
29-15 (b) Data identified by the agency pertaining to issued
29-16 uniform certificates of completion shall be submitted
29-17 electronically by each course provider to the agency in a manner
29-18 determined by the agency.
29-19 (c) The agency shall investigate options to develop and
29-20 implement procedures to provide information pertaining to driving
29-21 safety courses by electronic transmission to the state municipal
29-22 and justice courts.
29-23 (d) A course provider shall conduct driving safety
29-24 instructor development courses for its approved driving safety
29-25 course.
29-26 (e) The board may adopt additional rules to ensure integrity
29-27 of the course and enhance program quality.
30-1 (f) A course provider license entitles a provider to
30-2 purchase uniform certificates of completion for only one approved
30-3 driving safety course.
30-4 SECTION 17. Section 15, formerly Section 5, Texas Driver and
30-5 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
30-6 Civil Statutes), as amended by Chapters 835 and 867, Acts of the
30-7 72nd Legislature, Regular Session, 1991, is amended to read as
30-8 follows:
30-9 Sec. 15. License required for <driver training> instructor.
30-10 (a) A person may not teach or give driving safety <driver>
30-11 training, either as an individual or in a driving safety <driver
30-12 training> school, or any phase of driving safety <driver training
30-13 or> education, unless a driving safety instructor license <as an
30-14 instructor> has been secured from the agency, except that<:>
30-15 <(1) a driver education instructor teaching in a
30-16 public secondary school supported by taxation from either a local
30-17 or state source is exempt from this section;>
30-18 <(2) a driver education instructor in a college or
30-19 university regulated by the Texas Higher Education Coordinating
30-20 Board is exempt; and>
30-21 <(3)> an instructor of <in> a driving safety course
30-22 <program> that does not provide a uniform certificate of completion
30-23 to its graduates is exempt from this section. A person may not
30-24 teach or give driver education, either as an individual or in a
30-25 driver education school, or any phase of driver education unless a
30-26 driver education instructor license has been secured from the
30-27 agency.
31-1 (b) A license issued to a driver education or driving safety
31-2 <training> instructor expires not more than <automatically> 12
31-3 months after the date of issue, unless sooner suspended or revoked.
31-4 License renewal applications must include evidence of completion of
31-5 continuing education and shall be postmarked at least 30 days
31-6 before the date of expiration or a late renewal fee of $25 will be
31-7 imposed. The continuing education must be in courses approved by
31-8 the commissioner and be for a certain number of hours determined by
31-9 the commissioner.
31-10 (c) A driver education <training> instructor license shall
31-11 be carried by the instructor at all times while instructing driver
31-12 education courses. A driving safety instructor license shall be
31-13 carried by the instructor at all times while instructing driving
31-14 safety courses. Each license shall be signed by the commissioner
31-15 and issued under the seal of the board <agency>.
31-16 <No person shall teach or give driver-training for hire or
31-17 for tuition, either as an individual or in a commercial
31-18 driver-training school, or any phase of driver-training or
31-19 education, unless a license as a driver-training instructor or
31-20 supervisory driver-training instructor has been secured from the
31-21 Department, provided that instructors in classes conducted by an
31-22 entity exempt under Section 2 of this Act shall be exempt.>
31-23 SECTION 18. The Texas Driver and Traffic Safety Education
31-24 Act (Article 4413(29c), Vernon's Texas Civil Statutes) is amended
31-25 by adding Section 15A to read as follows:
31-26 Sec. 15A. DRIVER EDUCATION INSTRUCTOR TRAINING. (a) With
31-27 approval of the board, the commissioner shall establish standards
32-1 for certification of professional and paraprofessional personnel
32-2 who conduct driver education programs in driver education schools.
32-3 (b) A driver education instructor license may not be issued
32-4 authorizing a person to teach or give driver education in-car
32-5 training unless the person has successfully completed six semester
32-6 hours of driver and traffic safety education or a program of study
32-7 in driver education approved by the board from an approved driver
32-8 education school. A person holding a driver education instructor
32-9 license authorizing in-car training may be approved to assist
32-10 classroom instructors in the classroom phase of driver education if
32-11 the person successfully completes the additional three semester
32-12 hours of training required for a classroom instructor or a program
32-13 of study in driver education approved by the board.
32-14 (c) A driver education instructor license may not be issued
32-15 authorizing a person to teach or give classroom driver education
32-16 training unless the person:
32-17 (1) has completed nine semester hours of driver and
32-18 traffic safety education or a program of study in driver education
32-19 approved by the board from an approved driver education school; and
32-20 (2) holds a teaching certificate.
32-21 (d) A driver education instructor who has completed the
32-22 educational requirements for a classroom driver education
32-23 instructor under Subsection (c)(1) of this section may be approved
32-24 to teach instructor training classes after successfully completing
32-25 a supervising instructor development program consisting of at least
32-26 six additional semester hours or a program of study in driver
32-27 education approved by the board that includes administering driver
33-1 education programs and supervising and administering traffic safety
33-2 education.
33-3 (e) A driver education school may submit for agency approval
33-4 a curriculum for an instructor development program for driver
33-5 education instructors. The program must be taught by a person who
33-6 has successfully completed a supervising instructor development
33-7 program under Subsection (d) of this section and must satisfy the
33-8 requirements of this section for the particular program or type of
33-9 training to be provided.
33-10 SECTION 19. Section 16, Texas Driver and Traffic Safety
33-11 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
33-12 is amended to read as follows:
33-13 Sec. 16. Denial, suspension, revocation grounds. (a) The
33-14 agency may deny, suspend, or revoke the license of any instructor
33-15 on any one or more of the following grounds:
33-16 (1) when the agency is satisfied that the applicant or
33-17 licensee fails to meet the requirements to receive or hold a
33-18 license under this Act;
33-19 (2) when the applicant or licensee permits fraud or
33-20 engages in fraudulent practices with reference to the application
33-21 to the agency, induces or countenances fraud or fraudulent
33-22 practices on the part of any applicant for a driver's license or
33-23 permit, or permits or engages in any other fraudulent practice in
33-24 any action between the applicant or licensee and the public; or
33-25 (3) when the applicant or licensee fails to comply
33-26 with the rules of the agency regarding the instruction of drivers
33-27 in this state or fails to comply with any section of this Act.
34-1 (b) Not later than the 10th day after the date of a decision
34-2 under this section the agency shall notify the applicant or license
34-3 holder by certified mail of the decision.
34-4 SECTION 20. Section 17, Texas Driver and Traffic Safety
34-5 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
34-6 is amended to read as follows:
34-7 Sec. 17. HEARING. (a) A person aggrieved by the denial,
34-8 suspension, or revocation of a license may appeal the decision and
34-9 request a hearing before the commissioner. The request must be
34-10 submitted not later than the 15th day after the date of receipt of
34-11 notice of a decision made under Section 16 of this Act. On receipt
34-12 of a request for a hearing, the commissioner shall set a time and
34-13 place for the hearing and send notice to the person of the time and
34-14 place. A hearing shall be held within 30 days after the date of
34-15 receipt of the request. At the hearing, an applicant may appear in
34-16 person or by counsel and present evidence. Any interested person
34-17 may appear and present oral or documentary evidence. <When there
34-18 is cause to deny an application or to suspend or revoke any
34-19 license, the agency, not less than 15 days before the date denial,
34-20 suspension, or revocation action is taken, shall notify the person
34-21 in writing, in person, or by certified mail at the last address
34-22 supplied to the agency by the person, of the impending denial,
34-23 suspension, or revocation, the reasons therefor, and of the
34-24 person's right to an administrative hearing for the purpose of
34-25 determining whether or not the evidence is sufficient to warrant
34-26 the denial, suspension, or revocation action proposed to be taken
34-27 by the agency. If, within 20 days after the date of personal
35-1 service of notice or the date notice was deposited in the United
35-2 States mail, the person has not made a written request to the
35-3 agency for an administrative hearing, the agency is authorized to
35-4 deny, suspend, or revoke the license without a hearing. On receipt
35-5 by the agency of a written request of the person within the 20-day
35-6 period, an opportunity for an administrative hearing shall be
35-7 afforded. In no case shall the hearing be held less than 10 days
35-8 after the date written notification thereof, including a copy of
35-9 the charges, shall have been given the person by personal service
35-10 or by certified mail sent to the last address supplied to the
35-11 agency by the applicant or licensee.>
35-12 (b) Except as provided by Subsection (c), the The
35-13 commissioner <agency> shall conduct the administrative hearing and
35-14 is authorized to administer oaths and issue subpoenas for the
35-15 attendance of witnesses and the production of relevant books,
35-16 papers, and documents. On the basis of the evidence submitted at
35-17 the hearing, the commissioner <agency> shall take whatever action
35-18 the commissioner <it> deems necessary in denying the application or
35-19 suspending or revoking the license. Not later than the 10th day
35-20 after the date of the hearing the commissioner shall notify the
35-21 applicant or license holder by certified mail of the commissioner's
35-22 decision on the appeal.
35-23 (c) The agency may contract with another entity for the
35-24 conducting of a hearing required under this Act.
35-25 SECTION 21. Section 18, Texas Driver and Traffic Safety
35-26 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
35-27 is amended to read as follows:
36-1 Sec. 18. JUDICIAL REVIEW <APPEAL>. (a) <An applicant
36-2 aggrieved by the denial of any license by the commissioner has the
36-3 right to appeal the decision of the commissioner and request a
36-4 hearing before the commissioner within 15 days after the date of
36-5 receipt of notice. On receipt of a request for a hearing, the
36-6 commissioner shall set a time and place for the hearing and send
36-7 notice to the school of the time and place. A hearing shall be
36-8 held within 30 days after the date of receipt of the request. At
36-9 the hearing, an applicant may appear in person or by counsel and
36-10 present evidence in support of the granting of the license. Any
36-11 interested person may appear and present oral or documentary
36-12 evidence to the commissioner concerning the issuance of a driver
36-13 training school license to the applicant. Within 10 days after the
36-14 date of the hearing, the commissioner shall notify the applicant of
36-15 the commissioner's affirmance or revocation of the denial of any
36-16 license.>
36-17 <(b)> The commissioner's decision on the appeal may be
36-18 appealed to a district court in Travis County.
36-19 (b) <(c)> Unless stayed by the court on showing of good
36-20 cause, the commissioner's decision may not be superseded during
36-21 appeal.
36-22 (c) <(d)> On filing of the lawsuit, citation shall be served
36-23 on the commissioner, who shall cause to be made a complete record
36-24 of all proceedings had before the commissioner and certify a copy
36-25 of the proceedings to the court. Trial before the court shall be
36-26 on the basis of the record made before the commissioner, and the
36-27 court shall make its decision based on the record. The
37-1 commissioner's decision shall be affirmed by the court if the court
37-2 finds substantial evidence in the record to justify the decision,
37-3 unless the court finds the denial of the license to be:
37-4 (1) arbitrary and capricious;
37-5 (2) in violation of the constitution or laws of the
37-6 United States or this state; or
37-7 (3) in violation of rules adopted by the board under
37-8 this Act.
37-9 (d) <(e)> A decision of the trial court is subject to appeal
37-10 in the same manner as is any civil lawsuit.
37-11 (e) <(f)> An appeal concerning suspension or revocation of
37-12 any license shall be prosecuted in the same manner and under the
37-13 same provisions as provided by this Act for appeals from denial of
37-14 licenses.
37-15 SECTION 22. Section 25, Texas Driver and Traffic Safety
37-16 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
37-17 is amended to read as follows:
37-18 Sec. 25. Sanctions. (a) If the agency believes that a
37-19 driver education school or instructor has violated this Act or a
37-20 rule adopted under this Act, the agency may, without notice:
37-21 (1) order a peer review <of the school>; <or>
37-22 (2) suspend the enrollment <admission> of students in
37-23 <to> the school or the offering of instruction by the instructor;
37-24 or
37-25 (3) suspend the right to purchase driver education
37-26 certificates of completion.
37-27 (b) If the agency believes that a course provider, driving
38-1 safety school, or driving safety instructor has violated this Act
38-2 or the Uniform Act Regulating Traffic on Highways (Article 6701d,
38-3 Vernon's Texas Civil Statutes) or a rule adopted under one of those
38-4 Acts, the agency may, without notice:
38-5 (1) order a peer review of the course provider,
38-6 driving safety school, or driving safety instructor;
38-7 (2) suspend the enrollment of students in the school
38-8 or the offering of instruction by the instructor; or
38-9 (3) suspend the right to purchase uniform certificates
38-10 of completion.
38-11 (c) <(b)> A peer review ordered under this section shall be
38-12 conducted by a peer review team composed of knowledgeable persons
38-13 selected by the agency. The team shall provide the agency with an
38-14 objective assessment of the content of the school's or course
38-15 provider's curriculum and its application. The costs of providing
38-16 a peer review team shall be paid by the school or course provider,
38-17 as appropriate.
38-18 SECTION 23. Section 27, Texas Driver and Traffic Safety
38-19 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
38-20 is amended to read as follows:
38-21 Sec. 27. Penalties. Any person who violates any provision
38-22 of this Act commits an offense <shall be guilty of a misdemeanor>
38-23 and, except as otherwise provided by law, upon conviction thereof
38-24 shall be punished by a fine of not less than $100 nor more than
38-25 $20,000 <$1,000>, or by imprisonment in the county jail for a term
38-26 of not to exceed six months, or both.
38-27 SECTION 24. The Texas Driver and Traffic Safety Education
39-1 Act (Article 4413(29c), Vernon's Texas Civil Statutes) is amended
39-2 by adding Section 27A to read as follows:
39-3 Sec. 27A. UNAUTHORIZED TRANSFER OF CERTIFICATE. (a) A
39-4 person who knowingly sells, trades, issues, or otherwise transfers,
39-5 or possesses with intent to sell, trade, issue, or otherwise
39-6 transfer, a uniform certificate of completion or driver education
39-7 certificate to an individual, firm, or corporation not authorized
39-8 to possess it commits an offense.
39-9 (b) A person adjudged guilty of an offense under this
39-10 section shall be punished by imprisonment in the institutional
39-11 division of the Texas Department of Criminal Justice for a term of
39-12 not more than five years.
39-13 SECTION 25. Section 7(a), Chapter 173, Acts of the 47th
39-14 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
39-15 Civil Statutes), is amended to read as follows:
39-16 (a) The Department may license a person as a Class C driver
39-17 who is under the age of eighteen (18) years, provided the person:
39-18 (1) is sixteen (16) years of age or older;
39-19 (2) has submitted to the Department a driver education
39-20 certificate provided for by Section 9A, Texas Driver and Traffic
39-21 Safety Education Act (Article 4413(29c), Vernon's Texas Civil
39-22 Statutes), indicating that the person has completed and passed a
39-23 driver education <training> course approved by the Texas Higher
39-24 Education Coordinating Board <Central Education Agency>;
39-25 (3) has obtained a high school diploma or its
39-26 equivalent or is a student enrolled in a public or private school
39-27 who attended school for at least 80 days in the fall or spring
40-1 semester preceding the date of application, or has been enrolled
40-2 for at least 45 days, and is currently enrolled, in a program to
40-3 prepare persons to pass the high school equivalency exam; and
40-4 (4) has passed the examination required by Section 10
40-5 of this Act.
40-6 SECTION 26. Section 10, Chapter 173, Acts of the 47th
40-7 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
40-8 Civil Statutes), is amended by adding Subsection (e) to read as
40-9 follows:
40-10 (e) A driver education school licensed under the Texas
40-11 Driver and Traffic Safety Education Act (Article 4413(29c),
40-12 Vernon's Texas Civil Statutes) may administer the vision, highway
40-13 sign, and traffic law parts of the examination to a student of the
40-14 school. An examination administered under this subsection
40-15 satisfies the examination requirements of this Section as to the
40-16 parts of the test administered.
40-17 SECTION 27. Section 12(c), Chapter 173, Acts of the 47th
40-18 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
40-19 Civil Statutes), is amended to read as follows:
40-20 (c) The Department or a driver education school licensed
40-21 under the Texas Driver and Traffic Safety Education Act (Article
40-22 4413(29c), Vernon's Texas Civil Statutes) may issue an instruction
40-23 permit without photograph to any person fifteen (15) years of age
40-24 or older but younger than eighteen (18) years of age who has
40-25 satisfactorily completed and passed the classroom phase of an
40-26 approved driver education course, has obtained a high school
40-27 diploma or its equivalent or is a student enrolled in a public or
41-1 private school who attended school for at least 80 days in the fall
41-2 or spring semester preceding the date of application, or has been
41-3 enrolled for at least 45 days, and is currently enrolled, in a
41-4 program to prepare persons to pass the high school equivalency
41-5 exam, and who has successfully passed all parts of the driver
41-6 examination required in Section 10 of this Act other than the
41-7 driving test. The Department or driver education school may issue
41-8 an instruction permit without photograph to any person eighteen
41-9 (18) years of age or older who has successfully passed all parts of
41-10 the driver examination required in Section 10 of this Act other
41-11 than the driving test. The instruction permit shall entitle the
41-12 applicant while having the permit in his immediate possession to
41-13 drive a type or general class of motor vehicle upon the public
41-14 highways when accompanied by a licensed driver, whose license
41-15 qualifies him to operate that type or general class of vehicle, who
41-16 is at least eighteen (18) years of age, who has at least one (1)
41-17 year of driving experience, and who is occupying a seat by the
41-18 driver. The Department shall provide a driver education school
41-19 appropriate forms for instruction permits authorized to be issued
41-20 by the school. An application to the Department for issuance of an
41-21 instruction permit is not required for a permit issued by a driver
41-22 education school. The school shall collect the applicable fee for
41-23 an instruction permit and forward it to the Department. The
41-24 Department by rule shall provide for administration of the issuance
41-25 of instruction permits by driver education schools. An instruction
41-26 permit may be issued by a driver education school only to a student
41-27 of the school.
42-1 SECTION 28. Section 143A, Uniform Act Regulating Traffic on
42-2 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
42-3 by amending Subsections (a) and (d) and adding Subsections (h),
42-4 (i), (j), (k), and (l) to read as follows:
42-5 (a) When a person is charged with a misdemeanor offense
42-6 under this Act, other than a violation of Section 39, 40, 51, 104,
42-7 or 186 or a serious traffic violation as defined in Section 3(26),
42-8 Texas Commercial Driver's License Act (Article 6687b-2, Revised
42-9 Statutes), committed while operating a motor vehicle, the defendant
42-10 shall be advised by the court of his right to successfully complete
42-11 a driving safety course and the court:
42-12 (1) in its discretion may defer proceedings and allow
42-13 the person 90 days to take a driving safety course approved by the
42-14 Texas Higher Education Coordinating Board and 30 additional days to
42-15 present a uniform certificate of course completion as evidence
42-16 that, subsequent to the alleged act, the person has successfully
42-17 completed a driving safety course approved under the Texas Driver
42-18 and Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
42-19 Civil Statutes); or
42-20 (2) shall defer proceedings and allow the person 90
42-21 days to take a driving safety course approved by the Texas Higher
42-22 Education Coordinating Board and 30 additional days to present a
42-23 uniform certificate of course completion as written evidence that,
42-24 subsequent to the alleged act, the person has successfully
42-25 completed a driving safety course approved under the Texas Driver
42-26 and Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
42-27 Civil Statutes), if:
43-1 (A) the person enters a plea in person or in
43-2 writing of No Contest or Guilty and presents to the court an oral
43-3 request or a written request, in person or by mail postmarked on or
43-4 before the answer date on the citation, to take a course;
43-5 (B) the court enters judgment on the person's
43-6 plea of No Contest or Guilty at the time the plea is made but
43-7 defers imposition of the judgment for 90 days;
43-8 (C) the person has a valid Texas driver's
43-9 license or permit;
43-10 (D) the person's driving record as maintained by
43-11 the Texas Department of Public Safety does not indicate successful
43-12 completion of a driving safety course under this subdivision within
43-13 the one year immediately preceding the date of the alleged offense;
43-14 (E) the person files an affidavit with the court
43-15 stating that the person is not in the process of taking a course
43-16 under this subdivision and has not completed a course under this
43-17 subdivision that is not yet reflected on the person's driving
43-18 record;
43-19 (F) the offense charged is for an offense
43-20 covered by this section other than speeding 25 miles per hour or
43-21 more over the posted speed limit at the place where the alleged
43-22 offense occurred; and
43-23 (G) the person provides proof of financial
43-24 responsibility as required by Section 1A, Texas Motor Vehicle
43-25 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
43-26 Statutes).
43-27 (d) The Texas Higher Education Coordinating Board <State
44-1 Board of Education> shall enter into a memorandum of understanding
44-2 with the State Board of Insurance for the interagency development
44-3 of a curriculum for driving safety courses. The Texas Higher
44-4 Education Coordinating Board <Central Education Agency> shall adopt
44-5 and administer comprehensive rules governing driving safety courses
44-6 <adopted by the State Board of Education> and <the board shall>
44-7 place on file such rules with the secretary of state.
44-8 (h) An issued uniform certificate of completion shall be
44-9 mailed to the student not later than the 15th working day after the
44-10 date of completion of an approved driving safety course only by the
44-11 course provider or authorized personnel at the course provider's
44-12 facilities.
44-13 (i) Data identified by the agency pertaining to issued
44-14 uniform certificates of completion must be submitted electronically
44-15 by each course provider to the agency in a manner determined by the
44-16 agency.
44-17 (j) Duplicate uniform certificates of completion shall be
44-18 issued by the agency. An appropriate fee for issuing duplicate
44-19 certificates shall be determined by board rule.
44-20 (k) The agency shall investigate options to develop and
44-21 implement procedures to provide information pertaining to driving
44-22 safety courses by electronic transmission to the state municipal
44-23 and justice courts.
44-24 (l) A driving safety course may not be provided to a student
44-25 for a cost less than $25.
44-26 SECTION 29. Sections 143A(f) and (g), as added by Chapters
44-27 156 and 813, Acts of the 71st Legislature, Regular Session, 1989,
45-1 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
45-2 Texas Civil Statutes), are amended to read as follows:
45-3 (f) The agency by rule shall provide for the design and
45-4 distribution of the uniform certificate of course completion in a
45-5 manner that to the greatest extent possible prevents the
45-6 unauthorized production or misuse of the certificate <shall be
45-7 printed on copy-resistant paper in not fewer than two self-copying
45-8 parts to provide a control copy of the certificate that shall be
45-9 retained by the course provider under rules adopted by the State
45-10 Board of Education>. Each certificate <may not be more than 8 1/2
45-11 inches by 3 1/2 inches in size and> shall include an identifying
45-12 number by which the Texas Higher Education Coordinating Board
45-13 <Central Education Agency>, the court, or the department may verify
45-14 its authenticity with the course provider. The certificate shall
45-15 be in a form promulgated by the Texas Higher Education Coordinating
45-16 Board <Central Education Agency>.
45-17 (g) The Texas Higher Education Coordinating Board <Central
45-18 Education Agency> shall print and supply the serially numbered
45-19 uniform certificates to licensed course providers <owners or
45-20 primary consignees> of courses approved under the Texas Driver and
45-21 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
45-22 Civil Statutes). The Texas Higher Education Coordinating Board
45-23 <Central Education Agency> may charge a fee not to exceed $4 <of
45-24 $1> for each certificate. A course provider <An owner or
45-25 consignee> may not charge an operator a fee in excess of the fee
45-26 paid to the board <agency> for a certificate. The course provider
45-27 shall charge a user fee of not less than $3 a student for the use
46-1 of course materials, oversight, and administration of the course.
46-2 The board <agency> shall deposit the fees with the state treasurer
46-3 to be used only for the expense of supplying the certificates,
46-4 payments of monetary awards for information concerning abuse of the
46-5 certificates that leads to the conviction or removal of an
46-6 approval, license, or authorization and administering the Texas
46-7 Driver and Traffic Safety Education Act (Article 4413(29c),
46-8 Vernon's Texas Civil Statutes).
46-9 SECTION 30. Articles 45.54(2) and (3), Code of Criminal
46-10 Procedure, are amended to read as follows:
46-11 (2) During the deferral period, the justice shall require
46-12 the defendant to successfully complete a <Central Education
46-13 Agency-approved> driving safety course approved by the Texas Higher
46-14 Education Coordinating Board, if the offense alleged is an offense
46-15 involving the operation of a motor vehicle, other than a commercial
46-16 motor vehicle, as defined in Subdivision (6), Section 3, Texas
46-17 Commercial Driver's License Act (Article 6687b-2, Revised
46-18 Statutes), and the defendant:
46-19 (A) has not completed an approved driving safety
46-20 course within the preceding 12 months; or
46-21 (B) is a first-time offender who elects deferred
46-22 adjudication.
46-23 (3) During said deferral period, the justice may require the
46-24 defendant to:
46-25 (a) post a bond in the amount of the fine assessed to
46-26 secure payment of the fine;
46-27 (b) pay restitution to the victim of the offense in an
47-1 amount not to exceed the fine assessed;
47-2 (c) submit to professional counseling;
47-3 (d) comply with any other reasonable condition; and
47-4 (e) require the defendant to successfully complete a
47-5 Texas Higher Education Coordinating Board <Central Education
47-6 Agency> approved driving safety course, if:
47-7 (1) the offense alleged is an offense involving
47-8 the operation of a motor vehicle, other than a commercial motor
47-9 vehicle, as defined in Subdivision (6), Section 3, Texas Commercial
47-10 Driver's License Act (Article 6687b-2, Revised Statutes); and
47-11 (2) the defendant has <not> completed an
47-12 approved driving safety course within the preceding 12 months.
47-13 SECTION 31. (a) This Act takes effect September 1, 1995,
47-14 and on that date:
47-15 (1) a rule of the State Board of Education regarding
47-16 regulation of driver training schools is continued in effect as a
47-17 rule of the Texas Higher Education Coordinating Board until
47-18 superseded by rule of the Texas Higher Education Coordinating
47-19 Board;
47-20 (2) a proposed rule of the State Board of Education
47-21 regarding the regulation of driver training schools is considered
47-22 to have been proposed by the Texas Higher Education Coordinating
47-23 Board, and the Texas Higher Education Coordinating Board shall
47-24 continue the rulemaking process;
47-25 (3) a certificate, license, approval, exemption,
47-26 registration, or notice of adverse action in effect and issued by
47-27 the Central Education Agency is continued in effect as a
48-1 certificate, license, approval, exemption, registration, or notice
48-2 of adverse action issued by the Texas Higher Education Coordinating
48-3 Board until expiration, suspension, or revocation or until it is
48-4 superseded by later action of the Texas Higher Education
48-5 Coordinating Board;
48-6 (4) a complaint or investigation pending before the
48-7 Central Education Agency is transferred without change in status to
48-8 the Texas Higher Education Coordinating Board;
48-9 (5) a contested case pending before the Central
48-10 Education Agency remains the responsibility of the Central
48-11 Education Agency until the case is administratively final, at which
48-12 time the responsibility is transferred to the Texas Higher
48-13 Education Coordinating Board; a subsequent court proceeding on the
48-14 matter is treated as if the administrative action had been taken by
48-15 the Texas Higher Education Coordinating Board; and in a pending
48-16 court case the Texas Higher Education Coordinating Board is
48-17 substituted as a party in the place of the Central Education
48-18 Agency;
48-19 (6) a certificate of completion of a driving safety
48-20 course authorized by law and issued by the Central Education Agency
48-21 is considered issued by the Texas Higher Education Coordinating
48-22 Board;
48-23 (7) the following are transferred to the Texas Higher
48-24 Education Coordinating Board for purposes of the Texas Driver and
48-25 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
48-26 Civil Statutes):
48-27 (A) an obligation, including a payroll
49-1 obligation, right, or contract of the Central Education Agency
49-2 arising from implementation of that Act; and
49-3 (B) equipment, furniture, and other property and
49-4 personnel, including legal counsel, assigned to administration of
49-5 that Act;
49-6 (8) any unspent money, including surplus funds from
49-7 prior years, student refund protection funds, and proceeds from
49-8 bond claims, appropriated to the Central Education Agency for the
49-9 purposes of the Texas Driver and Traffic Safety Education Act
49-10 (Article 4413(29c), Vernon's Texas Civil Statutes) is transferred
49-11 to the Texas Higher Education Coordinating Board for use in
49-12 administering that Act;
49-13 (9) a reference in law to the Central Education Agency
49-14 in relation to regulation of driver training schools means the
49-15 Texas Higher Education Coordinating Board, and a reference in law
49-16 to a driving safety course approved by the Central Education Agency
49-17 means a course approved by the Texas Higher Education Coordinating
49-18 Board; and
49-19 (10) persons issued a certificate, license, approval,
49-20 or notice of good standing by the Central Education Agency and a
49-21 certification of completion indicating successful completion of a
49-22 Central Education Agency-approved course are considered to maintain
49-23 the same status that applied immediately before the effective date
49-24 of this Act.
49-25 (b) A person who on the effective date of this Act has an
49-26 application for a certificate, license, approval, exemption, or
49-27 registration on file with the Central Education Agency shall be
50-1 treated by the Texas Higher Education Coordinating Board as if the
50-2 application had been filed with the Texas Higher Education
50-3 Coordinating Board.
50-4 (c) Not later than two months after the effective date of
50-5 this Act, the Central Education Agency shall prepare an inventory
50-6 of items covered by Subsections (a)(7) and (8) of this section for
50-7 review and approval by the Texas Higher Education Coordinating
50-8 Board.
50-9 (d) To administer hearings in pending cases, the Central
50-10 Education Agency may hire hearings officers or use the State Office
50-11 of Administrative Hearings. The Central Education Agency shall
50-12 reach a final disposition of each pending case on or before
50-13 September 1, 1996.
50-14 (e) The Texas Higher Education Coordinating Board shall
50-15 adopt necessary rules under the Texas Driver and Traffic Safety
50-16 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes)
50-17 and begin issuing certificates of completion for approved driving
50-18 safety courses on or before September 1, 1996.
50-19 (f) A change in law made by this Act applies only to an
50-20 offense committed on or after September 1, 1995. For the purposes
50-21 of this subsection, an offense is committed before September 1,
50-22 1995, if any element of the offense occurs before that date.
50-23 (g) An offense committed before September 1, 1995, is
50-24 covered by the law in effect when the offense was committed, and
50-25 the former law is continued in effect for that purpose.
50-26 SECTION 32. The importance of this legislation and the
50-27 crowded condition of the calendars in both houses create an
51-1 emergency and an imperative public necessity that the
51-2 constitutional rule requiring bills to be read on three several
51-3 days in each house be suspended, and this rule is hereby suspended.