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.