By: Harris S.B. No. 964
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of driver training; providing a penalty.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 21.102, Education Code, is amended to
1-4 read as follows:
1-5 Sec. 21.102. Driver Education. (a) The Texas Higher
1-6 Education Coordinating Board <Central Education Agency> shall
1-7 develop a program of organized instruction in driver education and
1-8 traffic safety for public school students. A student who will be
1-9 15 years of age or older before a driver education and traffic
1-10 safety course ends may enroll in the course.
1-11 (b) With the approval of the board <State Board of
1-12 Education>, the commissioner of higher education shall establish
1-13 standards for the certification of professional and
1-14 paraprofessional personnel who conduct the programs in the public
1-15 schools.
1-16 SECTION 2. Subchapter F, Chapter 51, Education Code, is
1-17 amended by adding Section 51.307 to read as follows:
1-18 Sec. 51.307. DRIVER EDUCATION. A driver education course
1-19 for the purpose of preparing students to obtain a driver's license
1-20 may be offered by an institution of higher education, as defined by
1-21 Section 61.003, with the approval of the Texas Higher Education
1-22 Coordinating Board.
1-23 SECTION 3. Section 2, Texas Driver and Traffic Safety
1-24 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
2-1 as added by Chapter 835, Acts of the 72nd Legislature, Regular
2-2 Session, 1991, is amended to read as follows:
2-3 Sec. 2. Purpose and objectives. Traffic crashes in Texas
2-4 annually take the lives of thousands of people and cause billions
2-5 of dollars in economic losses. These alarming facts make safe
2-6 driving a concern for all citizens of the state. Deaths, injuries,
2-7 and property damage must be reduced. The attitudes and skills of
2-8 drivers must be improved through effective driver education and
2-9 training. It is a matter of vital public importance to identify
2-10 and implement all reasonable means to reduce the toll in human
2-11 suffering and property loss that is inflicted by vehicle crashes.
2-12 The purpose of this Act is to improve driver knowledge and skills
2-13 through the licensing and regulation by the Texas Higher Education
2-14 Coordinating Board of driver training schools and driver training
2-15 instructors in Texas. It is additionally intended that state
2-16 agency rules affecting schools that qualify as small businesses be
2-17 established and administered so as to have the least possible
2-18 adverse economic effect on those establishments.
2-19 SECTION 4. Section 3, Texas Driver and Traffic Safety
2-20 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
2-21 is amended by amending Subdivisions (1), (2), (3), (5), (7), (8),
2-22 (11), and (14) and by adding Subdivisions (16), (17), (18), (19),
2-23 (20), (21), and (22) to read as follows:
2-24 (1) "Agency" means the Texas Higher Education
2-25 Coordinating Board <Central Education Agency>, acting directly or
2-26 through its authorized officers and agents.
2-27 (2) "Board" means the members of the Texas Higher
3-1 Education Coordinating Board <State Board of Education>.
3-2 (3) "Commissioner" means the commissioner of higher
3-3 education or a person knowledgeable in the administration of
3-4 regulating driver training schools and designated by the
3-5 commissioner to administer this Act.
3-6 (5) "Driver training" <training school" or "school">
3-7 means driver education provided by a driver education school and
3-8 driving safety training provided by a driving safety school <any
3-9 enterprise that maintains a place of business or solicits business
3-10 in the state, that is operated by an individual, association,
3-11 partnership, or corporation, for the education and training of
3-12 persons, at a primary location or extension, in driver education,
3-13 driving safety, or any instructor development program, and that is
3-14 not specifically exempted by this Act>.
3-15 (7) "School" <"Extension"> means a driver education
3-16 school or driving safety school <an entity that geographically
3-17 extends the educational resources of a driver training school by
3-18 offering a driving safety course in a location other than the main
3-19 business location of the school. An extension may use multiple
3-20 locations to teach a driving safety course if each location is
3-21 approved by the parent school and the agency. A driver education
3-22 course may not be conducted at an extension. An extension of an
3-23 extension is not permitted>.
3-24 (8) "Operator" means a person approved by a driving
3-25 safety course owner or consignee to conduct an approved
3-26 <agency-approved> driving safety course.
3-27 (11) "School employee" means any person, other than an
4-1 owner, who directly or indirectly receives compensation from the
4-2 school for instructional or other services rendered.
4-3 (14) "Uniform certificate of completion" means a
4-4 document that is printed, administered, and supplied by the agency
4-5 to owners or primary consignees for issuance to students who
4-6 successfully complete an approved <agency-approved> driving safety
4-7 course and that meets the requirements of Section 143A, Uniform Act
4-8 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
4-9 Statutes).
4-10 (16) "Approved driving safety course" means a driving
4-11 safety course approved by the board.
4-12 (17) "Course provider" means an enterprise that
4-13 maintains a place of business or solicits business in this state,
4-14 that is operated by an individual, association, partnership, or
4-15 corporation, and that is a driving safety course owner or primary
4-16 consignee.
4-17 (18) "Driver education school" means an enterprise
4-18 that maintains a place of business or solicits business in this
4-19 state, that is operated by an individual, association, partnership,
4-20 or corporation for the education and training of persons at a
4-21 primary or branch location in driver education or driver education
4-22 instructor development, and that is not specifically exempted by
4-23 this Act.
4-24 (19) "Driver education school owner" means a person
4-25 who has been approved by the commissioner to own and operate a
4-26 driver education school.
4-27 (20) "Driving safety course owner" means an enterprise
5-1 that is operated by an individual, association, partnership, or
5-2 corporation that has received an approval for a driving safety
5-3 course from the board.
5-4 (21) "Driving safety school" means an enterprise that
5-5 maintains a place of business or solicits business in this state,
5-6 that is operated by an individual, association, partnership, or
5-7 corporation for the education and training of persons in driving
5-8 safety, and that is not specifically exempted by this Act. A
5-9 driving safety school may use multiple classroom locations to teach
5-10 a driving safety course if each location is approved by the parent
5-11 school and the agency and bears the same name and has the same
5-12 ownership as the parent school.
5-13 (22) "Primary consignee" means any enterprise that is
5-14 operated by an individual, association, partnership, or corporation
5-15 that has been designated by a driving safety course owner to
5-16 conduct business and represent the course owner in this state.
5-17 SECTION 5. Subsection (b), Section 4, Texas Driver and
5-18 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
5-19 Civil Statutes), is amended to read as follows:
5-20 (b) The agency <board> shall enter into a memorandum of
5-21 understanding with the Texas Rehabilitation Commission and the
5-22 Department of Public Safety for the interagency development of
5-23 curricula and licensing criteria for hospital and rehabilitation
5-24 facilities that teach driver education. The agency shall
5-25 administer comprehensive rules governing driver education courses
5-26 adopted by mutual agreement between the board, the Texas
5-27 Rehabilitation Commission, and the Department of Public Safety.
6-1 The agency <board> shall file the rules with the secretary of
6-2 state.
6-3 SECTION 6. Section 6, Texas Driver and Traffic Safety
6-4 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
6-5 is amended to read as follows:
6-6 Sec. 6. DUTIES OF COMMISSIONER. (a) The commissioner shall
6-7 carry out the policies of this Act, enforce rules adopted by the
6-8 board, and certify those schools and course providers meeting the
6-9 requirements for a driver education school license, driving safety
6-10 <training> school license, or both, or for a course provider
6-11 license.
6-12 (b) The commissioner by rule shall establish the curriculum
6-13 and designate the textbooks that must be used in a driver education
6-14 course. In addition, the <The> commissioner may adopt and enforce
6-15 temporary rules under this Act, but the temporary rules are valid
6-16 only until the next meeting of the board.
6-17 SECTION 7. Subsection (c), Section 7, Texas Driver and
6-18 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
6-19 Civil Statutes), is amended to read as follows:
6-20 (c) A driver education course is exempt from this Act,
6-21 except Section 9A of this Act, if it is:
6-22 (1) a vocational driver training school operated to
6-23 train or prepare a person for a field of endeavor in a business,
6-24 trade, technical, or industrial occupation;
6-25 (2) a school or training program that offers only
6-26 instruction of purely avocational or recreational subjects as
6-27 determined by the commissioner;
7-1 (3) a course of instruction or study sponsored by an
7-2 employer for the training of its own employees, and no tuition is
7-3 charged to a student;
7-4 (4) a course of study or instruction sponsored by a
7-5 recognized trade, business, or professional organization for the
7-6 instruction of the members of the organization with a closed
7-7 membership; or
7-8 (5) a school that is otherwise regulated and approved
7-9 under any other state law<; or>
7-10 <(6) a course of study conducted by a college or
7-11 university to train unlicensed individuals>.
7-12 SECTION 8. Section 9, Texas Driver and Traffic Safety
7-13 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
7-14 is amended to read as follows:
7-15 Sec. 9. Prohibitions. A person may not:
7-16 (1) operate a school that provides a driver education
7-17 course without a driver education <training> school license issued
7-18 by the commissioner;
7-19 (2) operate a school that provides driving safety
7-20 courses without a driving safety school license issued by the
7-21 commissioner;
7-22 (3) operate as a course provider without a course
7-23 provider license issued by the commissioner;
7-24 (4) utilize advertising designed to mislead or deceive
7-25 a prospective student;
7-26 (5) <(3)> fail to notify the commissioner of the
7-27 discontinuance of the operation of any school within three working
8-1 days after cessation of classes and make available accurate records
8-2 as required by this Act;
8-3 (6) issue, <(4)> sell, trade, or transfer a uniform
8-4 certificate of completion or driver education certificate to any
8-5 person or<,> school<, or extension> not authorized to possess it;
8-6 (7) issue, <(5)> sell, trade, or transfer:
8-7 (A) a uniform certificate of completion to a
8-8 person <student> who has not successfully completed an approved
8-9 <agency-approved>, six-hour driving safety course; or
8-10 (B) a driver education certificate to a person
8-11 who has not successfully completed a board-approved driver
8-12 education course;
8-13 (8) <(6)> negotiate any promissory instrument received
8-14 as payment of tuition or other charge before completion of 75
8-15 percent of the course, except that before that time, the instrument
8-16 may be assigned to a purchaser who will be subject to all the
8-17 defenses available against the school named as payee;
8-18 (9) <(7)> conduct any part of an approved
8-19 <agency-approved> driver education or driving safety course without
8-20 an instructor who is physically present in appropriate proximity to
8-21 the student for the type of instruction being given; or
8-22 (10) <(8)> violate any provision of this Act.
8-23 SECTION 9. The Texas Driver and Traffic Safety Education Act
8-24 (Article 4413(29c), Vernon's Texas Civil Statutes) is amended by
8-25 adding Section 9A to read as follows:
8-26 Sec. 9A. DRIVER EDUCATION CERTIFICATES. The agency shall
8-27 print and supply to licensed and exempt driver education schools
9-1 serially numbered driver education certificates to be used for
9-2 certifying completion of an approved driver education course for
9-3 the purposes of Section 7(a), Chapter 173, Acts of the 47th
9-4 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
9-5 Civil Statutes). The agency by rule shall provide for the design
9-6 and distribution of the certificates in a manner that to the
9-7 greatest extent possible prevents the unauthorized reproduction or
9-8 misuse of the certificates. The agency may charge a fee of not
9-9 more than $4 for each certificate.
9-10 SECTION 10. Section 10, formerly Section 2, Texas Driver and
9-11 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
9-12 Civil Statutes), as amended by Chapters 835 and 867, Acts of the
9-13 72nd Legislature, Regular Session, 1991, is amended to read as
9-14 follows:
9-15 Sec. 10. LICENSE REQUIRED FOR DRIVER TRAINING SCHOOL. A
9-16 person may not operate a driver training school unless a driver
9-17 training school license for the school has been secured.
9-18 <No person, firm, association, partnership, or corporation
9-19 shall operate a commercial driver-training school unless a
9-20 certificate of approval for the commercial driver-training school
9-21 has been secured under the Texas Proprietary School Act (Chapter
9-22 32, Education Code). This section does not apply to training or
9-23 classes conducted by:>
9-24 <(1) colleges, universities, high schools, and junior
9-25 high schools for students as a part of the normal program for such
9-26 institutions; or>
9-27 <(2) an organization with 50,000 or more members that
10-1 qualifies for a tax exemption under Section 501(a), Internal
10-2 Revenue Code of 1986 (26 U.S.C. Section 501), based on being listed
10-3 under Section 501(c)(4), Internal Revenue Code of 1986 (26 U.S.C.
10-4 Section 501), and conducts a driving safety course for its members
10-5 and other individuals who are at least 50 years of age that is not
10-6 utilized for the dismissal of certain misdemeanor charges as
10-7 provided by Section 143A, Uniform Act Regulating Traffic on
10-8 Highways (Article 6701d, Vernon's Texas Civil Statutes).>
10-9 SECTION 11. Section 10A, Texas Driver and Traffic Safety
10-10 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
10-11 is amended to read as follows:
10-12 Sec. 10A. BRANCH LOCATIONS. A driver education <training>
10-13 school that teaches a driver education course at one or more branch
10-14 locations other than the main business location of the school must
10-15 obtain a driver education <training> school license for the main
10-16 business location of the school and a driver education <training>
10-17 school license for each branch location. A <An extension or a>
10-18 branch location of a branch location is not permitted.
10-19 SECTION 12. The Texas Driver and Traffic Safety Education
10-20 Act (Article 4413(29c), Vernon's Texas Civil Statutes) is amended
10-21 by adding Section 10B to read as follows:
10-22 Sec. 10B. COURSE AT PUBLIC OR PRIVATE SCHOOL. A licensed
10-23 driver training school may conduct a driver training course at a
10-24 public or private school for students of the public or private
10-25 school as provided by an agreement with the public or private
10-26 school. The course is subject to all requirements of law
10-27 applicable to a course conducted at the main business location of
11-1 the driver training school.
11-2 SECTION 13. Section 11, Texas Driver and Traffic Safety
11-3 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
11-4 is amended to read as follows:
11-5 Sec. 11. LOCATIONS AUTHORIZED FOR INSTRUCTION. Driving
11-6 safety courses complying with Section 143A, Uniform Act Regulating
11-7 Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes),
11-8 may be taught at a driving safety <an extension or in a driver
11-9 training> school if the entity is approved by the agency. If the
11-10 commissioner determines that an approved driving safety course can
11-11 be taught by an alternative delivery method that does not require
11-12 the students to be present in a classroom and that includes testing
11-13 and security measures that are at least as secure as the measures
11-14 available in a usual classroom, the commissioner may approve the
11-15 alternative method. On approval, the alternative delivery method
11-16 is considered to satisfy the requirements of this Act for a driving
11-17 safety course, and the school may use the alternative delivery
11-18 method. A location at which a person taking the course by the
11-19 alternative method receives supplies or equipment for the course is
11-20 considered a classroom of the school providing the course.
11-21 <Instructor preparation courses may be conducted at a course
11-22 owner's facilities. All other driver training courses must be
11-23 conducted in agency approved schools.>
11-24 SECTION 14. The section heading and Subsections (a) and (b),
11-25 Section 12, Texas Driver and Traffic Safety Education Act (Article
11-26 4413(29c), Vernon's Texas Civil Statutes), are amended to read as
11-27 follows:
12-1 Sec. 12. APPLICATION FOR <DRIVER TRAINING> SCHOOL LICENSE.
12-2 (a) To operate or do business in this state, a school must make
12-3 written application to the commissioner for a driver education or
12-4 driving safety <training> school license. The application must be
12-5 verified, be in the form prescribed by the board, and include all
12-6 information required. A driving safety school <that offers driving
12-7 safety courses> shall obtain approval from the agency for any
12-8 multiple classroom locations <extension>.
12-9 (b) A school may not maintain, advertise, solicit for, or
12-10 conduct any course of instruction in this state before the later
12-11 of:
12-12 (1) the 30th day after the date the school applies
12-13 <submits all required documentation, information, and fees and a
12-14 surety bond> for a driver training school license; or
12-15 (2) the date the school receives a driver training
12-16 school license from the commissioner.
12-17 SECTION 15. Section 13, Texas Driver and Traffic Safety
12-18 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
12-19 is amended by amending Subsections (a), (b), (d), (e), (f), (g),
12-20 and (h) and by adding Subsections (a-1) and (a-2) to read as
12-21 follows:
12-22 (a) The commissioner shall approve the application of a
12-23 driver education school when the school is found, on investigation
12-24 at the premises of the school, to meet the following criteria:
12-25 (1) the courses, curriculum, and instruction are of
12-26 such quality, content, and length as may reasonably and adequately
12-27 achieve the stated objective for which the courses, curriculum, and
13-1 instruction are offered;
13-2 (2) there are in the school, and in the provision for
13-3 behind-the-wheel instruction, adequate space, equipment,
13-4 instructional material, and instructors to provide training of good
13-5 quality;
13-6 (3) educational and experience qualifications of
13-7 directors, instructors, and administrators are adequate;
13-8 (4) a copy of the schedule of tuition, fees, refund
13-9 policy, and other charges, regulations pertaining to absence,
13-10 grading policy, and rules of operation and conduct, and the name,
13-11 mailing address, and telephone number of the agency for the purpose
13-12 of directing complaints to the agency is furnished to each student
13-13 before enrollment;
13-14 (5) on completion of training, each student is given a
13-15 certificate by the school indicating the course name and
13-16 satisfactory completion;
13-17 (6) adequate records as prescribed by the commissioner
13-18 are kept to show attendance and progress or grades, and
13-19 satisfactory standards relating to attendance, progress, and
13-20 conduct are enforced;
13-21 (7) the school complies with all county, municipal,
13-22 state, and federal regulations, including fire, building, and
13-23 sanitation codes and assumed name registration;
13-24 (8) the school is financially sound and capable of
13-25 fulfilling its commitments for training;
13-26 (9) the school's administrators, directors, owners,
13-27 and instructors are of good reputation and character;
14-1 (10) the school has, maintains, and publishes as part
14-2 of its student enrollment contract the proper policy for the refund
14-3 of the unused portion of tuition, fees, and other charges if a
14-4 student enrolled by the school fails to take the course or
14-5 withdraws or is discontinued from the school at any time before
14-6 completion;
14-7 (11) the school does not use erroneous or misleading
14-8 advertising, either by actual statement, omission, or intimation,
14-9 as determined by the board;
14-10 (12) the school does not use a name like or similar to
14-11 the name of another existing school or tax-supported educational
14-12 establishment in this state, unless specifically approved in
14-13 writing by the commissioner;
14-14 (13) the school submits to the agency for approval the
14-15 applicable course hour lengths and curriculum content for each
14-16 course offered by the school;
14-17 (14) the school does not owe a civil penalty under
14-18 this Act; and
14-19 (15) additional criteria as may be required by the
14-20 agency <board>.
14-21 (a-1) The commissioner shall approve the application of a
14-22 driving safety school if on investigation the agency finds that:
14-23 (1) the school presents the driving safety course,
14-24 curriculum, and instruction in a quality, content, and length that
14-25 reasonably and adequately achieve the stated objective for which
14-26 the course, curriculum, and instruction are developed by the
14-27 course provider;
15-1 (2) the school has adequate space, equipment,
15-2 instructional material, and instructors to provide training of good
15-3 quality;
15-4 (3) the school's instructors and administrators have
15-5 adequate educational and experience qualifications;
15-6 (4) the school keeps and maintains adequate records as
15-7 prescribed by the commissioner to show attendance and progress of
15-8 grades and that satisfactory standards relating to attendance,
15-9 progress, and conduct are enforced;
15-10 (5) the school complies with all county, municipal,
15-11 state, and federal law, including fire, building, and sanitation
15-12 codes and assumed name registration;
15-13 (6) the school's administrators, owners, and
15-14 instructors are of good reputation and character;
15-15 (7) the school does not use erroneous or misleading
15-16 advertising, either by actual statement, omission, or intimation,
15-17 as determined by the board;
15-18 (8) the school does not use a name like or similar to
15-19 the name of another existing school or tax-supported educational
15-20 establishment in this state unless specifically approved in writing
15-21 by the commissioner;
15-22 (9) the school has, maintains, and uses the approved
15-23 contract and policies developed by the course provider;
15-24 (10) the school does not owe a civil penalty under
15-25 this Act;
15-26 (11) the school will not provide a driving safety
15-27 course to any person for a cost less than $25; and
16-1 (12) the school meets additional criteria required by
16-2 the board.
16-3 (a-2) The commissioner shall approve the application of a
16-4 person to be a course provider if on investigation the agency finds
16-5 that:
16-6 (1) the course provider has an approved course;
16-7 (2) the course provider can show evidence that there
16-8 is at least one licensed driving safety school that is willing to
16-9 offer the course;
16-10 (3) the course provider has adequate educational and
16-11 experience qualifications;
16-12 (4) the course provider will develop and provide to
16-13 driving safety schools that offer the approved course a refund
16-14 policy, regulations pertaining to absence, grading policy, rules of
16-15 operation, and conduct, and the name, mailing address, and
16-16 telephone number of the agency for the purpose of directing
16-17 complaints to the agency and that copies of these will be furnished
16-18 to each student by the schools before enrollment;
16-19 (5) not later than the 15th working day after the date
16-20 of completion of the course by a person, the course provider mails
16-21 a uniform certificate of completion to the person indicating the
16-22 course name and successful completion;
16-23 (6) the course provider keeps and maintains adequate
16-24 records as prescribed by the commissioner to show attendance and
16-25 progress or grades and that satisfactory standards relating to
16-26 attendance, progress, and conduct are enforced;
16-27 (7) the course provider complies with all county,
17-1 municipal, state, and federal law, including assumed name
17-2 registration and other applicable requirements;
17-3 (8) the course provider is financially sound and
17-4 capable of fulfilling its commitments for training;
17-5 (9) the course provider is of good reputation and
17-6 character;
17-7 (10) the course provider has, maintains, and publishes
17-8 as a part of its student enrollment contract the proper policy for
17-9 the refund of the unused portion of tuition, fees, and other
17-10 charges if a person enrolled by the school fails to take the course
17-11 or withdraws or is discontinued from the school at any time before
17-12 completion;
17-13 (11) the course provider does not use erroneous or
17-14 misleading advertising, either by actual statement, omission, or
17-15 intimation, as determined by the board;
17-16 (12) the course provider does not use a name like or
17-17 similar to the name of another existing school or tax-supported
17-18 educational establishment in this state unless specifically
17-19 approved in writing by the commissioner;
17-20 (13) the course provider does not owe a civil penalty
17-21 under this Act; and
17-22 (14) the course provider meets additional criteria
17-23 required by the board.
17-24 (b)(1) License, application, and registration fees shall be
17-25 collected by the commissioner and deposited with the state
17-26 treasurer. Fees shall be sufficient to cover administrative costs
17-27 and may not be subject to refund. Fees shall be as follows <Each
18-1 fee shall be set by the commissioner and approved by the board in
18-2 an amount not to exceed 150 percent of the following>:
18-3 (A)(i) the initial fee for a driver education
18-4 <training> school license is $1,000 <$1,700> plus $850 for each
18-5 branch location;
18-6 (ii) the initial fee for a driving safety
18-7 school license is an appropriate amount established by the board
18-8 not to exceed $200; and
18-9 (iii) the initial fee for a course
18-10 provider license is an appropriate amount established by the board
18-11 not to exceed $2,000, except that this fee may be waived by the
18-12 agency if revenue received by the agency from the course provider
18-13 is sufficient to fund the cost of licensing the course provider;
18-14 (B) the <(i)> annual renewal fee for a course
18-15 provider, driving safety school, driver education school, and
18-16 branch school is an appropriate amount established by the board not
18-17 to exceed $200, but <fees as specified in this subsection> may be
18-18 waived by the agency if revenue generated by the issuance <sale> of
18-19 uniform certificates of completion and driver education
18-20 certificates is sufficient to fund the cost of administering this
18-21 Act and Section 143A, Uniform Act Regulating Traffic on Highways
18-22 (Article 6701d, Vernon's Texas Civil Statutes); <and>
18-23 <(ii) the annual renewal fee for a school
18-24 license shall be determined by the board in an amount sufficient to
18-25 fund the cost of administering this Act and Section 143A, Uniform
18-26 Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas
18-27 Civil Statutes);>
19-1 (C) the fee for a change of address of a driver
19-2 education school is $180 and of a driving safety school or course
19-3 provider is $50;
19-4 (D) the fee for a change of name of:
19-5 (i) a driver education school or course
19-6 provider or an owner of a driver education school or course
19-7 provider is $100; and
19-8 (ii) a driving safety school or owner of a
19-9 driving safety school is $50;
19-10 (E) the application fee for each additional
19-11 driver education or driving safety course at a school is $25;
19-12 (F) the application fee for each director is
19-13 $30, and for each assistant director, or administrative staff
19-14 member is $15;
19-15 (G) each application for approval of a driving
19-16 safety course that has not been evaluated by the board shall be
19-17 accompanied by a nonrefundable fee of $9,000 <the fee for each
19-18 extension is $35>;
19-19 (H) each application for an original driver
19-20 education or driving safety <training> instructor's license shall
19-21 be accompanied by a processing fee of $50 and an annual license fee
19-22 of $25, except that the commissioner may not collect the processing
19-23 fee from an applicant for a driver education instructor license who
19-24 is currently teaching a driver education course in a public school
19-25 in this state; and
19-26 (I) the fee for a duplicate license, which may
19-27 be issued if the original is lost or destroyed and an affidavit of
20-1 that fact is filed with the agency, shall be set by the board <in
20-2 an amount sufficient to cover the costs of issuing the duplicate
20-3 license>.
20-4 (2) A driver education instructor who teaches driver
20-5 education courses in a county having a population of 50,000 or
20-6 less, according to the most recent federal census, and who has no
20-7 more than 200 students annually, shall be regulated by the agency
20-8 as a school. An instructor described by this subdivision shall
20-9 submit a school application or renewal form plus all required
20-10 documentation and information to the agency. The commissioner may
20-11 waive initial school fees, annual school renewal fees, or
20-12 director's or administrative staff member's fees. An instructor
20-13 described by this subdivision is not exempt from licensing
20-14 requirements or fees.
20-15 (3) The commissioner shall periodically review and
20-16 recommend adjustments in the level of fees to the board and
20-17 legislature.
20-18 (4) The fee for an investigation of <at> a school or
20-19 course provider to resolve a complaint filed against the school or
20-20 course provider shall be set by the commissioner and approved by
20-21 the board. The complaint investigation fee may be charged only if:
20-22 (A) the complaint could not have been resolved
20-23 solely by telephone or written correspondence;
20-24 (B) a representative of the agency visited the
20-25 school or course provider as a part of the complaint resolution
20-26 process; and
20-27 (C) the school or course provider is found to be
21-1 at fault.
21-2 (5) The agency shall print and supply to licensed
21-3 course providers serially numbered uniform certificates of course
21-4 completion <to owners or primary consignees of courses approved
21-5 under this Act>. The agency may charge a fee of not more than $4
21-6 <$1> for each certificate. A course provider <An owner or
21-7 consignee> may not charge an operator a fee in excess of the fee
21-8 paid to the agency for a certificate. The course provider shall
21-9 charge and retain a user fee of not less than $3 a student for the
21-10 use of course materials, oversight, and administration of the
21-11 course.
21-12 (6) <The commissioner, with approval of the board, may
21-13 increase any fee authorized under this subsection at a rate that
21-14 does not exceed the increase in the Consumer Price Index for All
21-15 Urban Consumers published by the Department of Labor. Fees under
21-16 this subsection do not have to be increased annually.>
21-17 <(7)> Fees collected under this subsection shall be
21-18 deposited in the state treasury in a special account in the General
21-19 Revenue Fund. Money in the account may be appropriated only for
21-20 payment of monetary awards for information concerning abuse of the
21-21 driver education or uniform certificates of completion that leads
21-22 to the conviction or removal of an approval, license, or
21-23 authorization and for the administration of this Act and Section
21-24 143A, Uniform Act Regulating Traffic on Highways (Article 6701d,
21-25 Vernon's Texas Civil Statutes). This dedication is exempt from the
21-26 application of Sections 403.094 and 403.095, Government Code.
21-27 (7) Duplicate uniform certificates of completion shall
22-1 be issued by the agency. An appropriate fee for issuing duplicate
22-2 certificates shall be determined by board rule.
22-3 (d)(1) The commissioner, on review of an application for a
22-4 driver education school, driving safety school, or course provider
22-5 <training school> license that is submitted in accordance with this
22-6 Act and that meets the requirements of this Act, shall issue a
22-7 <driver training school> license to the applicant. Each <A driver
22-8 training school> license shall be in a form determined
22-9 <recommended> by the commissioner and approved by the board and
22-10 shall show in a clear and conspicuous manner at least the
22-11 following:
22-12 (A) the date of issuance, effective date, and
22-13 term of approval;
22-14 (B) the name and address of the school or course
22-15 provider;
22-16 (C) the authority for approval and conditions of
22-17 approval;
22-18 (D) the signature of the commissioner; and
22-19 (E) any other fair and reasonable
22-20 representations that are consistent with this Act and considered
22-21 necessary by the commissioner.
22-22 (2) The term for which a driver education school,
22-23 driving safety school, or course provider <training school> license
22-24 is issued may not exceed one year.
22-25 (3)(A) A driver education school, driving safety
22-26 school, or course provider <training school> license issued to an
22-27 owner of the applicant school or course provider is nontransferable
23-1 and is the property of the state. In the event of a change in
23-2 ownership of the school or course provider, a new owner shall, at
23-3 least 30 days before the date of the change in ownership, apply for
23-4 a new driver education school, driving safety school, or course
23-5 provider <training school> license. Instead of the fees required
23-6 by Subsection (b) of this section, the fee for a new driver
23-7 education school or course provider license required under this
23-8 subdivision is $500, plus $200 for each branch location, if the
23-9 purchasing entity is substantially similar to the transferring
23-10 entity and there is no significant change in the management or
23-11 control of the driver education school or course provider.
23-12 (B) The commissioner is not required to
23-13 reinspect a school or a branch location after a change of its
23-14 ownership.
23-15 (4) At least 30 days before the expiration of a driver
23-16 education school, driving safety school, or course provider
23-17 <training school> license, the school or course provider shall
23-18 forward to the commissioner an application for renewal. The
23-19 commissioner may reexamine a driver education school's <the school>
23-20 premises. The commissioner <and> shall renew or cancel the
23-21 <school's> driver education school, driving safety school, or
23-22 course provider <training school> license. If a school or course
23-23 provider fails to file a complete application for renewal at least
23-24 30 days before the expiration date of the driver education school,
23-25 driving safety school, or course provider <training school>
23-26 license, the school or course provider shall pay as a condition of
23-27 renewal and in addition to any annual renewal fee a late renewal
24-1 fee in an amount established by board rule of at least $100,
24-2 subject to Subsection (b) of this section.
24-3 (5) The commissioner shall visit a school or course
24-4 provider and reexamine the school or course provider for compliance
24-5 with the criteria adopted under this Act.
24-6 (e)(1) If the commissioner determines the applicant for a
24-7 driver education school, driving safety school, or course provider
24-8 <training school> license to be unacceptable, the commissioner
24-9 shall state the reasons for denial, in writing, to the applicant.
24-10 (2) Any applicant whose driver education school,
24-11 driving safety school, or course provider <training school> license
24-12 is denied has the right of appeal under Section 17 <18> of this
24-13 Act.
24-14 (f)(1) The commissioner may revoke a driver education
24-15 school, driving safety school, or course provider <training school>
24-16 license or may place reasonable conditions on the continued
24-17 approval represented by the license. On revocation or imposition
24-18 of conditions on a driver education school, driving safety school,
24-19 or course provider <training school> license, the commissioner
24-20 shall notify the licensee, in writing, of the impending action and
24-21 state the grounds for the proposed action. The commissioner may
24-22 reexamine a school or course provider two or more times during any
24-23 year in which a notice relating to the school or course provider
24-24 has been issued or conditions have been imposed on the school under
24-25 this subsection.
24-26 (2) A driver education school, driving safety school,
24-27 or course provider <training school> license may be revoked or be
25-1 made conditional if the commissioner has reasonable cause to
25-2 believe that the school or course provider is guilty of a violation
25-3 of this Act or any rule adopted under this Act.
25-4 (g)(1) Before a driver education <training> school license
25-5 may be issued under this Act, a bond shall be provided by the
25-6 school for the period for which the license is to be issued, and
25-7 the obligation of the bond shall be that neither a provision of
25-8 this Act nor any rule adopted under this Act shall be violated by
25-9 the school or any of its officers, agents, or employees. A driver
25-10 education <training> school <that teaches driver education> shall
25-11 submit a bond in the amount of $10,000 for its primary driver
25-12 education <training> school and $5,000 for each branch location of
25-13 the school. <All other schools shall submit a bond in the amount
25-14 of $5,000.> A bond must be a corporate surety bond issued by a
25-15 company authorized to do business in the state, be payable to the
25-16 state, and be used only for payment of a refund due to a student or
25-17 potential student. The bond shall be filed with the commissioner
25-18 and shall be in such form as shall be approved by the commissioner.
25-19 Posting of these bond amounts shall satisfy the requirements for
25-20 financial stability for driver education schools under this Act.
25-21 (2) A driving safety school is not required to post a
25-22 surety bond.
25-23 (3) Before a course provider license may be issued
25-24 under this Act, a bond shall be provided by the course provider for
25-25 the period for which the license is to be issued, and the
25-26 obligation of the bond shall be that no provision of this Act or
25-27 the Uniform Act Regulating Traffic on Highways (Article 6701d,
26-1 Vernon's Texas Civil Statutes) and no rule adopted under this Act
26-2 may be violated by the course provider or any of its officers,
26-3 agents, or employees. A course provider shall submit the bond in
26-4 the amount of $25,000. The bond must be a corporate surety bond
26-5 issued by a company authorized to do business in this state,
26-6 payable to the state, and used:
26-7 (A) for payment of a refund due to any student
26-8 of the course provider's approved course;
26-9 (B) to cover the payment of any unpaid fees,
26-10 penalties, and fines assessed by the agency; and
26-11 (C) to recover the cost of any uniform
26-12 certificates of completion demanded by the agency to be returned or
26-13 any cost associated with the certificates.
26-14 (4) Instead of the bond required by Subdivision (1) of
26-15 this subsection, the school may provide another form of security
26-16 that is:
26-17 (A) approved by the commissioner; and
26-18 (B) in the amount required for a comparable bond
26-19 under Subdivision (1) or (3) of this subsection.
26-20 (h)(1) As a condition for the granting of a driver education
26-21 <training> school or course provider license, a school or course
26-22 provider must maintain a cancellation and settlement policy that
26-23 provides a full refund of all money paid by a student if:
26-24 (A) the student cancels the enrollment agreement
26-25 or contract before midnight of the third day, excluding Saturdays,
26-26 Sundays, and legal holidays, after the date the enrollment contract
26-27 is signed by the prospective student, unless the student has
27-1 successfully completed the course or received a failing grade on
27-2 the course examination <and accepted a certificate of completion
27-3 during that period>; or
27-4 (B) the enrollment of the student was procured
27-5 as a result of any misrepresentation in advertising, promotional
27-6 materials of the school or course provider, or representation made
27-7 by an owner or employee of the school or course provider.
27-8 (2) As <Unless only driving safety courses are
27-9 proposed to be provided, as> a condition for granting a driver
27-10 education <training> school license, a school shall maintain a
27-11 policy for the refund of the unused portion of driver education
27-12 tuition, fees, and other charges if a student, after expiration of
27-13 the cancellation period described by Subdivision (1) of this
27-14 subsection, fails to enter the course, withdraws, or is
27-15 discontinued from the course at any time before completion, and the
27-16 policy must provide that:
27-17 (A) refunds are based on the period of
27-18 enrollment computed on the basis of course time expressed in clock
27-19 hours;
27-20 (B) the effective date of the termination for
27-21 refund purposes is the earliest of the following:
27-22 (i) the last day of attendance, if the
27-23 student's enrollment is terminated by the school;
27-24 (ii) the date of receipt of written notice
27-25 from the student; or
27-26 (iii) the 10th school day following the
27-27 last day of attendance;
28-1 (C) if tuition is collected in advance of
28-2 entrance and if, after expiration of the cancellation period
28-3 described by Subdivision (1) of this subsection, a student does not
28-4 enter the school, terminates enrollment, or withdraws, the school
28-5 may retain up to $50 as administrative expenses and, from the
28-6 remainder, shall refund that portion of the classroom tuition and
28-7 fees and behind-the-wheel tuition and fees for services not
28-8 previously received by the student;
28-9 (D) refunds of items of extra expense to the
28-10 student, including instructional supplies, books, laboratory fees,
28-11 service charges, rentals, deposits, and all other such ancillary
28-12 miscellaneous charges, will be made within 30 days after the
28-13 effective date of enrollment termination, if these items are
28-14 separately stated and shown in the data furnished the student
28-15 before enrollment and the student returns any school property in
28-16 the student's possession to the school; and
28-17 (E) refunds will be completed within 30 days
28-18 after the effective date of enrollment termination.
28-19 (3) If the course of instruction is discontinued by
28-20 the school or course provider, preventing a student from completing
28-21 the course, all tuition and fees paid are then due and refundable.
28-22 (4) If a refund is not made within the period required
28-23 by this subsection, the school or course provider shall pay
28-24 interest on the refund for the interval beginning with the first
28-25 day following the expiration of the refund period and ending with
28-26 the day immediately preceding the date the refund is made. The
28-27 commissioner annually shall establish the rate of interest at a
29-1 rate sufficient to provide a deterrent to the retention of student
29-2 funds. The agency may except a school or course provider from the
29-3 payment of the interest if the school or course provider makes a
29-4 good-faith effort to refund tuition but is unable to locate the
29-5 student to whom the refund is owed. The school or course provider
29-6 shall provide on request of the agency documentation of the effort
29-7 to locate a student.
29-8 SECTION 16. The Texas Driver and Traffic Safety Education
29-9 Act (Article 4413(29c), Vernon's Texas Civil Statutes) is amended
29-10 by adding Section 13A to read as follows:
29-11 Sec. 13A. COURSE PROVIDER RESPONSIBILITIES. (a) An issued
29-12 uniform certificate of completion shall be mailed to the student
29-13 not later than the 15th working day after the date of completion of
29-14 an approved driving safety course only by the course provider or
29-15 authorized personnel at the course provider's facilities.
29-16 (b) Data identified by the agency pertaining to issued
29-17 uniform certificates of completion shall be submitted
29-18 electronically by each course provider to the agency in a manner
29-19 determined by the agency.
29-20 (c) The agency shall investigate options to develop and
29-21 implement procedures to provide information pertaining to driving
29-22 safety courses by electronic transmission to the state municipal
29-23 and justice courts.
29-24 (d) A course provider shall conduct driving safety
29-25 instructor development courses for its approved driving safety
29-26 course.
29-27 (e) The board may adopt additional rules to ensure integrity
30-1 of the course and enhance program quality.
30-2 (f) A course provider license entitles a provider to
30-3 purchase uniform certificates of completion for only one approved
30-4 driving safety course.
30-5 SECTION 17. Section 15, formerly Section 5, Texas Driver and
30-6 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
30-7 Civil Statutes), as amended by Chapters 835 and 867, Acts of the
30-8 72nd Legislature, Regular Session, 1991, is amended to read as
30-9 follows:
30-10 Sec. 15. License required for <driver training> instructor.
30-11 (a) A person may not teach or give driving safety <driver>
30-12 training, either as an individual or in a driving safety <driver
30-13 training> school, or any phase of driving safety <driver training
30-14 or> education, unless a driving safety instructor license <as an
30-15 instructor> has been secured from the agency, except that<:>
30-16 <(1) a driver education instructor teaching in a
30-17 public secondary school supported by taxation from either a local
30-18 or state source is exempt from this section;>
30-19 <(2) a driver education instructor in a college or
30-20 university regulated by the Texas Higher Education Coordinating
30-21 Board is exempt; and>
30-22 <(3)> an instructor of <in> a driving safety course
30-23 <program> that does not provide a uniform certificate of completion
30-24 to its graduates is exempt from this section. A person may not
30-25 teach or give driver education, either as an individual or in a
30-26 driver education school, or any phase of driver education unless a
30-27 driver education instructor license has been secured from the
31-1 agency.
31-2 (b) A license issued to a driver education or driving safety
31-3 <training> instructor expires not more than <automatically> 12
31-4 months after the date of issue, unless sooner suspended or revoked.
31-5 License renewal applications must include evidence of completion of
31-6 continuing education and shall be postmarked at least 30 days
31-7 before the date of expiration or a late renewal fee of $25 will be
31-8 imposed. The continuing education must be in courses approved by
31-9 the commissioner and be for a certain number of hours determined by
31-10 the commissioner.
31-11 (c) A driver education <training> instructor license shall
31-12 be carried by the instructor at all times while instructing driver
31-13 education courses. A driving safety instructor license shall be
31-14 carried by the instructor at all times while instructing driving
31-15 safety courses. Each license shall be signed by the commissioner
31-16 and issued under the seal of the board <agency>.
31-17 <No person shall teach or give driver-training for hire or
31-18 for tuition, either as an individual or in a commercial
31-19 driver-training school, or any phase of driver-training or
31-20 education, unless a license as a driver-training instructor or
31-21 supervisory driver-training instructor has been secured from the
31-22 Department, provided that instructors in classes conducted by an
31-23 entity exempt under Section 2 of this Act shall be exempt.>
31-24 SECTION 18. The Texas Driver and Traffic Safety Education
31-25 Act (Article 4413(29c), Vernon's Texas Civil Statutes) is amended
31-26 by adding Section 15A to read as follows:
31-27 Sec. 15A. DRIVER EDUCATION INSTRUCTOR TRAINING. (a) With
32-1 approval of the board, the commissioner shall establish standards
32-2 for certification of professional and paraprofessional personnel
32-3 who conduct driver education programs in driver education schools.
32-4 (b) A driver education instructor license may not be issued
32-5 authorizing a person to teach or give driver education in-car
32-6 training unless the person has successfully completed six semester
32-7 hours of driver and traffic safety education or a program of study
32-8 in driver education approved by the board from an approved driver
32-9 education school. A person holding a driver education instructor
32-10 license authorizing in-car training may be approved to assist
32-11 classroom instructors in the classroom phase of driver education if
32-12 the person successfully completes the additional three semester
32-13 hours of training required for a classroom instructor or a program
32-14 of study in driver education approved by the board.
32-15 (c) A driver education instructor license may not be issued
32-16 authorizing a person to teach or give classroom driver education
32-17 training unless the person:
32-18 (1) has completed nine semester hours of driver and
32-19 traffic safety education or a program of study in driver education
32-20 approved by the board from an approved driver education school; and
32-21 (2) holds a teaching certificate and any additional
32-22 certification required to teach driver education.
32-23 (d) A driver education instructor who has completed the
32-24 educational requirements for a classroom driver education
32-25 instructor under Subsection (c)(1) of this section may be approved
32-26 to teach instructor training classes after successfully completing
32-27 a supervising instructor development program consisting of at least
33-1 six additional semester hours or a program of study in driver
33-2 education approved by the board that includes administering driver
33-3 education programs and supervising and administering traffic safety
33-4 education.
33-5 (e) A driver education school may submit for agency approval
33-6 a curriculum for an instructor development program for driver
33-7 education instructors. The program must be taught by a person who
33-8 has successfully completed a supervising instructor development
33-9 program under Subsection (d) of this section and must satisfy the
33-10 requirements of this section for the particular program or type of
33-11 training to be provided.
33-12 SECTION 19. Section 16, Texas Driver and Traffic Safety
33-13 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
33-14 is amended to read as follows:
33-15 Sec. 16. Denial, suspension, revocation grounds. (a) The
33-16 agency may deny, suspend, or revoke the license of any instructor
33-17 on any one or more of the following grounds:
33-18 (1) when the agency is satisfied that the applicant or
33-19 licensee fails to meet the requirements to receive or hold a
33-20 license under this Act;
33-21 (2) when the applicant or licensee permits fraud or
33-22 engages in fraudulent practices with reference to the application
33-23 to the agency, induces or countenances fraud or fraudulent
33-24 practices on the part of any applicant for a driver's license or
33-25 permit, or permits or engages in any other fraudulent practice in
33-26 any action between the applicant or licensee and the public; or
33-27 (3) when the applicant or licensee fails to comply
34-1 with the rules of the agency regarding the instruction of drivers
34-2 in this state or fails to comply with any section of this Act.
34-3 (b) Not later than the 10th day after the date of a decision
34-4 under this section the agency shall notify the applicant or license
34-5 holder by certified mail of the decision.
34-6 SECTION 20. Section 17, Texas Driver and Traffic Safety
34-7 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
34-8 is amended to read as follows:
34-9 Sec. 17. HEARING. (a) A person aggrieved by the denial,
34-10 suspension, or revocation of a license may appeal the decision and
34-11 request a hearing before the commissioner. The request must be
34-12 submitted not later than the 15th day after the date of receipt of
34-13 notice of a decision made under Section 16 of this Act. On receipt
34-14 of a request for a hearing, the commissioner shall set a time and
34-15 place for the hearing and send notice to the person of the time and
34-16 place. A hearing shall be held within 30 days after the date of
34-17 receipt of the request. At the hearing, an applicant or licensee
34-18 may appear in person or by counsel and present evidence. Any
34-19 interested person may appear and present oral or documentary
34-20 evidence. <When there is cause to deny an application or to
34-21 suspend or revoke any license, the agency, not less than 15 days
34-22 before the date denial, suspension, or revocation action is taken,
34-23 shall notify the person in writing, in person, or by certified mail
34-24 at the last address supplied to the agency by the person, of the
34-25 impending denial, suspension, or revocation, the reasons therefor,
34-26 and of the person's right to an administrative hearing for the
34-27 purpose of determining whether or not the evidence is sufficient to
35-1 warrant the denial, suspension, or revocation action proposed to be
35-2 taken by the agency. If, within 20 days after the date of personal
35-3 service of notice or the date notice was deposited in the United
35-4 States mail, the person has not made a written request to the
35-5 agency for an administrative hearing, the agency is authorized to
35-6 deny, suspend, or revoke the license without a hearing. On receipt
35-7 by the agency of a written request of the person within the 20-day
35-8 period, an opportunity for an administrative hearing shall be
35-9 afforded. In no case shall the hearing be held less than 10 days
35-10 after the date written notification thereof, including a copy of
35-11 the charges, shall have been given the person by personal service
35-12 or by certified mail sent to the last address supplied to the
35-13 agency by the applicant or licensee.>
35-14 (b) Except as provided by Subsection (c), the commissioner
35-15 <The agency> shall conduct the administrative hearing and is
35-16 authorized to administer oaths and issue subpoenas for the
35-17 attendance of witnesses and the production of relevant books,
35-18 papers, and documents. On the basis of the evidence submitted at
35-19 the hearing, the commissioner <agency> shall take whatever action
35-20 the commissioner <it> deems necessary in denying the application or
35-21 suspending or revoking the license. Not later than the 10th day
35-22 after the date of the hearing the commissioner shall notify the
35-23 applicant or license holder by certified mail of the commissioner's
35-24 decision on the appeal.
35-25 (c) The agency may contract with another entity for the
35-26 conducting of a hearing required under this Act.
35-27 SECTION 21. Section 18, Texas Driver and Traffic Safety
36-1 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
36-2 is amended to read as follows:
36-3 Sec. 18. JUDICIAL REVIEW <APPEAL>. (a) <An applicant
36-4 aggrieved by the denial of any license by the commissioner has the
36-5 right to appeal the decision of the commissioner and request a
36-6 hearing before the commissioner within 15 days after the date of
36-7 receipt of notice. On receipt of a request for a hearing, the
36-8 commissioner shall set a time and place for the hearing and send
36-9 notice to the school of the time and place. A hearing shall be
36-10 held within 30 days after the date of receipt of the request. At
36-11 the hearing, an applicant may appear in person or by counsel and
36-12 present evidence in support of the granting of the license. Any
36-13 interested person may appear and present oral or documentary
36-14 evidence to the commissioner concerning the issuance of a driver
36-15 training school license to the applicant. Within 10 days after the
36-16 date of the hearing, the commissioner shall notify the applicant of
36-17 the commissioner's affirmance or revocation of the denial of any
36-18 license.>
36-19 <(b)> The commissioner's decision on the appeal may be
36-20 appealed to a district court in Travis County.
36-21 (b) <(c)> Unless stayed by the court on showing of good
36-22 cause, the commissioner's decision may not be superseded during
36-23 appeal.
36-24 (c) <(d)> On filing of the lawsuit, citation shall be served
36-25 on the commissioner, who shall cause to be made a complete record
36-26 of all proceedings had before the commissioner and certify a copy
36-27 of the proceedings to the court. Trial before the court shall be
37-1 on the basis of the record made before the commissioner, and the
37-2 court shall make its decision based on the record. The
37-3 commissioner's decision shall be affirmed by the court if the court
37-4 finds substantial evidence in the record to justify the decision,
37-5 unless the court finds the denial of the license to be:
37-6 (1) arbitrary and capricious;
37-7 (2) in violation of the constitution or laws of the
37-8 United States or this state; or
37-9 (3) in violation of rules adopted by the board under
37-10 this Act.
37-11 (d) <(e)> A decision of the trial court is subject to appeal
37-12 in the same manner as is any civil lawsuit.
37-13 (e) <(f)> An appeal concerning suspension or revocation of
37-14 any license shall be prosecuted in the same manner and under the
37-15 same provisions as provided by this Act for appeals from denial of
37-16 licenses.
37-17 SECTION 22. Section 25, Texas Driver and Traffic Safety
37-18 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
37-19 is amended to read as follows:
37-20 Sec. 25. Sanctions. (a) If the agency believes that a
37-21 driver education school or instructor has violated this Act or a
37-22 rule adopted under this Act, the agency may, without notice:
37-23 (1) order a peer review <of the school>; <or>
37-24 (2) suspend the enrollment <admission> of students in
37-25 <to> the school or the offering of instruction by the instructor;
37-26 or
37-27 (3) suspend the right to purchase driver education
38-1 certificates of completion.
38-2 (b) If the agency believes that a course provider, driving
38-3 safety school, or driving safety instructor has violated this Act
38-4 or the Uniform Act Regulating Traffic on Highways (Article 6701d,
38-5 Vernon's Texas Civil Statutes) or a rule adopted under one of those
38-6 Acts, the agency may, without notice:
38-7 (1) order a peer review of the course provider,
38-8 driving safety school, or driving safety instructor;
38-9 (2) suspend the enrollment of students in the school
38-10 or the offering of instruction by the instructor; or
38-11 (3) suspend the right to purchase uniform certificates
38-12 of completion.
38-13 (c) <(b)> A peer review ordered under this section shall be
38-14 conducted by a peer review team composed of knowledgeable persons
38-15 selected by the agency. The team shall provide the agency with an
38-16 objective assessment of the content of the school's or course
38-17 provider's curriculum and its application. The costs of providing
38-18 a peer review team shall be paid by the school or course provider,
38-19 as appropriate.
38-20 SECTION 23. Section 27, Texas Driver and Traffic Safety
38-21 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
38-22 is amended to read as follows:
38-23 Sec. 27. Penalties. Any person who violates any provision
38-24 of this Act commits an offense <shall be guilty of a misdemeanor>
38-25 and, except as otherwise provided by law, upon conviction thereof
38-26 shall be punished by a fine of not less than $100 nor more than
38-27 $20,000 <$1,000>, or by imprisonment in the county jail for a term
39-1 of not to exceed six months, or both.
39-2 SECTION 24. The Texas Driver and Traffic Safety Education
39-3 Act (Article 4413(29c), Vernon's Texas Civil Statutes) is amended
39-4 by adding Section 27A to read as follows:
39-5 Sec. 27A. UNAUTHORIZED TRANSFER OF CERTIFICATE. (a) A
39-6 person who knowingly sells, trades, issues, or otherwise transfers,
39-7 or possesses with intent to sell, trade, issue, or otherwise
39-8 transfer, a uniform certificate of completion or driver education
39-9 certificate to an individual, firm, or corporation not authorized
39-10 to possess it commits an offense.
39-11 (b) A person who knowingly possesses a uniform certificate
39-12 of completion or driver education certificate and who is not
39-13 authorized to possess the certificate commits an offense.
39-14 (c) A person adjudged guilty of an offense under this
39-15 section shall be punished by imprisonment in the institutional
39-16 division of the Texas Department of Criminal Justice for a term of
39-17 not more than five years.
39-18 SECTION 25. Subsection (a), Section 7, Chapter 173, Acts of
39-19 the 47th Legislature, Regular Session, 1941 (Article 6687b,
39-20 Vernon's Texas Civil Statutes), is amended to read as follows:
39-21 (a) The Department may license a person as a Class C driver
39-22 who is under the age of eighteen (18) years, provided the person:
39-23 (1) is sixteen (16) years of age or older;
39-24 (2) has submitted to the Department a driver education
39-25 certificate provided for by Section 9A, Texas Driver and Traffic
39-26 Safety Education Act (Article 4413(29c), Vernon's Texas Civil
39-27 Statutes), indicating that the person has completed and passed a
40-1 driver education <training> course approved by the Texas Higher
40-2 Education Coordinating Board <Central Education Agency>;
40-3 (3) has obtained a high school diploma or its
40-4 equivalent or is a student enrolled in a public or private school
40-5 who attended school for at least 80 days in the fall or spring
40-6 semester preceding the date of application, or has been enrolled
40-7 for at least 45 days, and is currently enrolled, in a program to
40-8 prepare persons to pass the high school equivalency exam; and
40-9 (4) has passed the examination required by Section 10
40-10 of this Act.
40-11 SECTION 26. Section 10, Chapter 173, Acts of the 47th
40-12 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
40-13 Civil Statutes), is amended by adding Subsection (e) to read as
40-14 follows:
40-15 (e) A driver education school licensed under the Texas
40-16 Driver and Traffic Safety Education Act (Article 4413(29c),
40-17 Vernon's Texas Civil Statutes) may administer the vision, highway
40-18 sign, and traffic law parts of the examination to a student of the
40-19 school. An examination administered under this subsection
40-20 satisfies the examination requirements of this Section as to the
40-21 parts of the test administered.
40-22 SECTION 27. Subsection (c), Section 12, Chapter 173, Acts of
40-23 the 47th Legislature, Regular Session, 1941 (Article 6687b,
40-24 Vernon's Texas Civil Statutes), is amended to read as follows:
40-25 (c) The Department or a driver education school licensed
40-26 under the Texas Driver and Traffic Safety Education Act (Article
40-27 4413(29c), Vernon's Texas Civil Statutes) may issue an instruction
41-1 permit without photograph to any person fifteen (15) years of age
41-2 or older but younger than eighteen (18) years of age who has
41-3 satisfactorily completed and passed the classroom phase of an
41-4 approved driver education course, has obtained a high school
41-5 diploma or its equivalent or is a student enrolled in a public or
41-6 private school who attended school for at least 80 days in the fall
41-7 or spring semester preceding the date of application, or has been
41-8 enrolled for at least 45 days, and is currently enrolled, in a
41-9 program to prepare persons to pass the high school equivalency
41-10 exam, and who has successfully passed all parts of the driver
41-11 examination required in Section 10 of this Act other than the
41-12 driving test. The Department may issue an instruction permit
41-13 without photograph to any person eighteen (18) years of age or
41-14 older who has successfully passed all parts of the driver
41-15 examination required in Section 10 of this Act other than the
41-16 driving test. A driver education school may issue an instruction
41-17 permit without photograph to any person eighteen (18) years of age
41-18 or older who has successfully completed and passed a Texas Higher
41-19 Education Coordinating Board approved six-hour adult classroom
41-20 driver education course and successfully passed all parts of the
41-21 driver examination required in Section 10 of this Act other than
41-22 the driving test. The instruction permit shall entitle the
41-23 applicant while having the permit in his immediate possession to
41-24 drive a type or general class of motor vehicle upon the public
41-25 highways when accompanied by a licensed driver, whose license
41-26 qualifies him to operate that type or general class of vehicle, who
41-27 is at least eighteen (18) years of age, who has at least one (1)
42-1 year of driving experience, and who is occupying a seat by the
42-2 driver. The Department shall provide a driver education school
42-3 appropriate forms for instruction permits authorized to be issued
42-4 by the school. An application to the Department for issuance of an
42-5 instruction permit is not required for a permit issued by a driver
42-6 education school. The school shall collect the applicable fee for
42-7 an instruction permit and forward it to the Department. The
42-8 Department by rule shall provide for administration of the issuance
42-9 of instruction permits by driver education schools. An instruction
42-10 permit may be issued by a driver education school only to a student
42-11 of the school.
42-12 SECTION 28. Section 143A, Uniform Act Regulating Traffic on
42-13 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
42-14 by amending Subsections (a) and (d) and by adding Subsections (h),
42-15 (i), (j), (k), and (l) to read as follows:
42-16 (a) When a person is charged with a misdemeanor offense
42-17 under this Act, other than a violation of Section 39, 40, 51, 104,
42-18 or 186 or a serious traffic violation as defined in Section 3(26),
42-19 Texas Commercial Driver's License Act (Article 6687b-2, Revised
42-20 Statutes), committed while operating a motor vehicle, the defendant
42-21 shall be advised by the court of his right to successfully complete
42-22 a driving safety course and the court:
42-23 (1) in its discretion may defer proceedings and allow
42-24 the person 90 days to take a driving safety course approved by the
42-25 Texas Higher Education Coordinating Board and 30 additional days to
42-26 present a uniform certificate of course completion as evidence
42-27 that, subsequent to the alleged act, the person has successfully
43-1 completed a driving safety course approved under the Texas Driver
43-2 and Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
43-3 Civil Statutes); or
43-4 (2) shall defer proceedings and allow the person 90
43-5 days to take a driving safety course approved by the Texas Higher
43-6 Education Coordinating Board and 30 additional days to present a
43-7 uniform certificate of course completion as written evidence that,
43-8 subsequent to the alleged act, the person has successfully
43-9 completed a driving safety course approved under the Texas Driver
43-10 and Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
43-11 Civil Statutes), if:
43-12 (A) the person enters a plea in person or in
43-13 writing of No Contest or Guilty and presents to the court an oral
43-14 request or a written request, in person or by mail postmarked on or
43-15 before the answer date on the citation, to take a course;
43-16 (B) the court enters judgment on the person's
43-17 plea of No Contest or Guilty at the time the plea is made but
43-18 defers imposition of the judgment for 90 days;
43-19 (C) the person has a valid Texas driver's
43-20 license or permit;
43-21 (D) the person's driving record as maintained by
43-22 the Texas Department of Public Safety does not indicate successful
43-23 completion of a driving safety course under this subdivision within
43-24 the one year immediately preceding the date of the alleged offense;
43-25 (E) the person files an affidavit with the court
43-26 stating that the person is not in the process of taking a course
43-27 under this subdivision and has not completed a course under this
44-1 subdivision that is not yet reflected on the person's driving
44-2 record;
44-3 (F) the offense charged is for an offense
44-4 covered by this section other than speeding 25 miles per hour or
44-5 more over the posted speed limit at the place where the alleged
44-6 offense occurred; and
44-7 (G) the person provides proof of financial
44-8 responsibility as required by Section 1A, Texas Motor Vehicle
44-9 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
44-10 Statutes).
44-11 (d) The Texas Higher Education Coordinating Board <State
44-12 Board of Education> shall enter into a memorandum of understanding
44-13 with the State Board of Insurance for the interagency development
44-14 of a curriculum for driving safety courses. The Texas Higher
44-15 Education Coordinating Board <Central Education Agency> shall adopt
44-16 and administer comprehensive rules governing driving safety courses
44-17 <adopted by the State Board of Education> and <the board shall>
44-18 place on file such rules with the secretary of state.
44-19 (h) An issued uniform certificate of completion shall be
44-20 mailed to the student not later than the 15th working day after the
44-21 date of completion of an approved driving safety course only by the
44-22 course provider or authorized personnel at the course provider's
44-23 facilities.
44-24 (i) Data identified by the agency pertaining to issued
44-25 uniform certificates of completion must be submitted electronically
44-26 by each course provider to the agency in a manner determined by the
44-27 agency.
45-1 (j) Duplicate uniform certificates of completion shall be
45-2 issued by the agency. An appropriate fee for issuing duplicate
45-3 certificates shall be determined by board rule.
45-4 (k) The agency shall investigate options to develop and
45-5 implement procedures to provide information pertaining to driving
45-6 safety courses by electronic transmission to the state municipal
45-7 and justice courts.
45-8 (l) A driving safety course may not be provided to a student
45-9 for a cost less than $25.
45-10 SECTION 29. Subsections (f) and (g), Section 143A, as added
45-11 by Chapters 156 and 813, Acts of the 71st Legislature, Regular
45-12 Session, 1989, Uniform Act Regulating Traffic on Highways (Article
45-13 6701d, Vernon's Texas Civil Statutes), are amended to read as
45-14 follows:
45-15 (f) The agency by rule shall provide for the design and
45-16 distribution of the uniform certificate of course completion in a
45-17 manner that to the greatest extent possible prevents the
45-18 unauthorized production or misuse of the certificate <shall be
45-19 printed on copy-resistant paper in not fewer than two self-copying
45-20 parts to provide a control copy of the certificate that shall be
45-21 retained by the course provider under rules adopted by the State
45-22 Board of Education>. Each certificate <may not be more than 8 1/2
45-23 inches by 3 1/2 inches in size and> shall include an identifying
45-24 number by which the Texas Higher Education Coordinating Board
45-25 <Central Education Agency>, the court, or the department may verify
45-26 its authenticity with the course provider. The certificate shall
45-27 be in a form promulgated by the Texas Higher Education Coordinating
46-1 Board <Central Education Agency>.
46-2 (g) The Texas Higher Education Coordinating Board <Central
46-3 Education Agency> shall print and supply the serially numbered
46-4 uniform certificates to licensed course providers <owners or
46-5 primary consignees> of courses approved under the Texas Driver and
46-6 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
46-7 Civil Statutes). The Texas Higher Education Coordinating Board
46-8 <Central Education Agency> may charge a fee not to exceed $4 <of
46-9 $1> for each certificate. A course provider <An owner or
46-10 consignee> may not charge an operator a fee in excess of the fee
46-11 paid to the board <agency> for a certificate. The board <agency>
46-12 shall deposit the fees with the state treasurer to be used only for
46-13 the expense of supplying the certificates, payments of monetary
46-14 awards for information concerning abuse of the certificates that
46-15 leads to the conviction or removal of an approval, license, or
46-16 authorization, and administering the Texas Driver and Traffic
46-17 Safety Education Act (Article 4413(29c), Vernon's Texas Civil
46-18 Statutes). The course provider shall charge and retain a user fee
46-19 of not less than $3 a student for the use of course materials,
46-20 oversight, and administration of the course.
46-21 SECTION 30. Subdivisions (2) and (3), Article 45.54, Code of
46-22 Criminal Procedure, are amended to read as follows:
46-23 (2) During the deferral period, the justice shall require
46-24 the defendant to successfully complete a <Central Education
46-25 Agency-approved> driving safety course approved by the Texas Higher
46-26 Education Coordinating Board, if the offense alleged is an offense
46-27 involving the operation of a motor vehicle, other than a commercial
47-1 motor vehicle, as defined in Subdivision (6), Section 3, Texas
47-2 Commercial Driver's License Act (Article 6687b-2, Revised
47-3 Statutes), and the defendant:
47-4 (A) has not completed an approved driving safety
47-5 course within the preceding 12 months; or
47-6 (B) is a first-time offender who elects deferred
47-7 adjudication.
47-8 (3) During said deferral period, the justice may require the
47-9 defendant to:
47-10 (a) post a bond in the amount of the fine assessed to
47-11 secure payment of the fine;
47-12 (b) pay restitution to the victim of the offense in an
47-13 amount not to exceed the fine assessed;
47-14 (c) submit to professional counseling;
47-15 (d) comply with any other reasonable condition; and
47-16 (e) require the defendant to successfully complete a
47-17 Texas Higher Education Coordinating Board <Central Education
47-18 Agency> approved driving safety course, if:
47-19 (1) the offense alleged is an offense involving
47-20 the operation of a motor vehicle, other than a commercial motor
47-21 vehicle, as defined in Subdivision (6), Section 3, Texas Commercial
47-22 Driver's License Act (Article 6687b-2, Revised Statutes); and
47-23 (2) the defendant has <not> completed an
47-24 approved driving safety course within the preceding 12 months.
47-25 SECTION 31. (a) This Act takes effect September 1, 1995,
47-26 and on that date:
47-27 (1) a rule of the State Board of Education regarding
48-1 regulation of driver training schools is continued in effect as a
48-2 rule of the Texas Higher Education Coordinating Board until
48-3 superseded by rule of the Texas Higher Education Coordinating
48-4 Board;
48-5 (2) a proposed rule of the State Board of Education
48-6 regarding the regulation of driver training schools is considered
48-7 to have been proposed by the Texas Higher Education Coordinating
48-8 Board, and the Texas Higher Education Coordinating Board shall
48-9 continue the rulemaking process;
48-10 (3) a certificate, license, approval, exemption,
48-11 registration, or notice of adverse action in effect and issued by
48-12 the Central Education Agency is continued in effect as a
48-13 certificate, license, approval, exemption, registration, or notice
48-14 of adverse action issued by the Texas Higher Education Coordinating
48-15 Board until expiration, suspension, or revocation or until it is
48-16 superseded by later action of the Texas Higher Education
48-17 Coordinating Board;
48-18 (4) a complaint or investigation pending before the
48-19 Central Education Agency is transferred without change in status to
48-20 the Texas Higher Education Coordinating Board;
48-21 (5) a contested case pending before the Central
48-22 Education Agency remains the responsibility of the Central
48-23 Education Agency until the case is administratively final, at which
48-24 time the responsibility is transferred to the Texas Higher
48-25 Education Coordinating Board; a subsequent court proceeding on the
48-26 matter is treated as if the administrative action had been taken by
48-27 the Texas Higher Education Coordinating Board; and in a pending
49-1 court case the Texas Higher Education Coordinating Board is
49-2 substituted as a party in the place of the Central Education
49-3 Agency;
49-4 (6) a certificate of completion of a driving safety
49-5 course authorized by law and issued by the Central Education Agency
49-6 is considered issued by the Texas Higher Education Coordinating
49-7 Board;
49-8 (7) the following are transferred to the Texas Higher
49-9 Education Coordinating Board for purposes of the Texas Driver and
49-10 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
49-11 Civil Statutes):
49-12 (A) an obligation, including a payroll
49-13 obligation, right, or contract of the Central Education Agency
49-14 arising from implementation of that Act; and
49-15 (B) equipment, furniture, and other property and
49-16 personnel, including legal counsel, assigned to administration of
49-17 that Act;
49-18 (8) any unspent money, including surplus funds from
49-19 prior years, student refund protection funds, and proceeds from
49-20 bond claims, appropriated to the Central Education Agency for the
49-21 purposes of the Texas Driver and Traffic Safety Education Act
49-22 (Article 4413(29c), Vernon's Texas Civil Statutes) is transferred
49-23 to the Texas Higher Education Coordinating Board for use in
49-24 administering that Act;
49-25 (9) a reference in law to the Central Education Agency
49-26 in relation to regulation of driver training schools means the
49-27 Texas Higher Education Coordinating Board, and a reference in law
50-1 to a driving safety course approved by the Central Education Agency
50-2 means a course approved by the Texas Higher Education Coordinating
50-3 Board; and
50-4 (10) persons issued a certificate, license, approval,
50-5 or notice of good standing by the Central Education Agency and a
50-6 certification of completion indicating successful completion of a
50-7 Central Education Agency-approved course are considered to maintain
50-8 the same status that applied immediately before the effective date
50-9 of this Act.
50-10 (b) A person who on the effective date of this Act has an
50-11 application for a certificate, license, approval, exemption, or
50-12 registration on file with the Central Education Agency shall be
50-13 treated by the Texas Higher Education Coordinating Board as if the
50-14 application had been filed with the Texas Higher Education
50-15 Coordinating Board.
50-16 (c) Not later than two months after the effective date of
50-17 this Act, the Central Education Agency shall prepare an inventory
50-18 of items covered by Subdivisions (7) and (8) of Subsection (a) of
50-19 this section for review and approval by the Texas Higher Education
50-20 Coordinating Board.
50-21 (d) To administer hearings in pending cases, the Central
50-22 Education Agency may hire hearings officers or use the State Office
50-23 of Administrative Hearings. The Central Education Agency shall
50-24 reach a final disposition of each pending case on or before
50-25 September 1, 1996.
50-26 (e) The Texas Higher Education Coordinating Board shall
50-27 adopt necessary rules under the Texas Driver and Traffic Safety
51-1 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes)
51-2 and begin issuing certificates of completion for approved driving
51-3 safety courses on or before September 1, 1996.
51-4 (f) A change in law made by this Act applies only to an
51-5 offense committed on or after September 1, 1995. For the purposes
51-6 of this subsection, an offense is committed before September 1,
51-7 1995, if any element of the offense occurs before that date.
51-8 (g) An offense committed before September 1, 1995, is
51-9 covered by the law in effect when the offense was committed, and
51-10 the former law is continued in effect for that purpose.
51-11 SECTION 32. The importance of this legislation and the
51-12 crowded condition of the calendars in both houses create an
51-13 emergency and an imperative public necessity that the
51-14 constitutional rule requiring bills to be read on three several
51-15 days in each house be suspended, and this rule is hereby suspended.