S.B. No. 964
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 Central Education
1-6 Agency shall develop a program of organized instruction in driver
1-7 education and traffic safety for public school students. A student
1-8 who will be 15 years of age or older before a driver education and
1-9 traffic safety course ends may enroll in the course.
1-10 (b) With the approval of the State Board of Education, the
1-11 commissioner of education shall establish standards for the
1-12 certification of professional and paraprofessional personnel who
1-13 conduct the programs in the public schools.
1-14 (c) A public school offering a driver's education program
1-15 shall make the program accessible to all children who are exempt
1-16 from the requirements of compulsory attendance under Section
1-17 21.033.
1-18 SECTION 2. Subchapter F, Chapter 51, Education Code, is
1-19 amended by adding Section 51.307 to read as follows:
1-20 Sec. 51.307. DRIVER EDUCATION. A driver education course
1-21 for the purpose of preparing students to obtain a driver's license
1-22 may be offered by an institution of higher education, as defined by
1-23 Section 61.003, with the approval of the Central Education Agency.
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 Central Education
2-15 Agency of driver training schools and driver training instructors
2-16 in Texas. It is additionally intended that state agency rules
2-17 affecting schools that qualify as small businesses be established
2-18 and administered so as to have the least possible adverse economic
2-19 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 (5), (7), (8), (11), and (14)
2-23 and by adding Subdivisions (16), (17), (18), (19), (20), (21), and
2-24 (22) to read as follows:
2-25 (5) "Driver training" <training school" or "school">
2-26 means driver education provided by a driver education school and
2-27 driving safety training provided by a driving safety school <any
3-1 enterprise that maintains a place of business or solicits business
3-2 in the state, that is operated by an individual, association,
3-3 partnership, or corporation, for the education and training of
3-4 persons, at a primary location or extension, in driver education,
3-5 driving safety, or any instructor development program, and that is
3-6 not specifically exempted by this Act>.
3-7 (7) "School" <"Extension"> means a driver education
3-8 school or driving safety school <an entity that geographically
3-9 extends the educational resources of a driver training school by
3-10 offering a driving safety course in a location other than the main
3-11 business location of the school. An extension may use multiple
3-12 locations to teach a driving safety course if each location is
3-13 approved by the parent school and the agency. A driver education
3-14 course may not be conducted at an extension. An extension of an
3-15 extension is not permitted>.
3-16 (8) "Operator" means a person approved by a driving
3-17 safety course owner or consignee to conduct an approved
3-18 <agency-approved> driving safety course.
3-19 (11) "School employee" means any person, other than an
3-20 owner, who directly or indirectly receives compensation from the
3-21 school for instructional or other services rendered.
3-22 (14) "Uniform certificate of completion" means a
3-23 document that is printed, administered, and supplied by the agency
3-24 to owners or primary consignees for issuance to students who
3-25 successfully complete an approved <agency-approved> driving safety
3-26 course and that meets the requirements of Section 143A, Uniform Act
3-27 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
4-1 Statutes).
4-2 (16) "Approved driving safety course" means a driving
4-3 safety course approved by the board.
4-4 (17) "Course provider" means an enterprise that
4-5 maintains a place of business or solicits business in this state,
4-6 that is operated by an individual, association, partnership, or
4-7 corporation, and that is a driving safety course owner or primary
4-8 consignee.
4-9 (18) "Driver education school" means an enterprise
4-10 that maintains a place of business or solicits business in this
4-11 state, that is operated by an individual, association, partnership,
4-12 or corporation for the education and training of persons at a
4-13 primary or branch location in driver education or driver education
4-14 instructor development, and that is not specifically exempted by
4-15 this Act.
4-16 (19) "Driver education school owner" means a person
4-17 who has been approved by the commissioner to own and operate a
4-18 driver education school.
4-19 (20) "Driving safety course owner" means an enterprise
4-20 that is operated by an individual, association, partnership, or
4-21 corporation that has received an approval for a driving safety
4-22 course from the board.
4-23 (21) "Driving safety school" means an enterprise that
4-24 maintains a place of business or solicits business in this state,
4-25 that is operated by an individual, association, partnership, or
4-26 corporation for the education and training of persons in driving
4-27 safety, and that is not specifically exempted by this Act. A
5-1 driving safety school may use multiple classroom locations to teach
5-2 a driving safety course if each location is approved by the parent
5-3 school and the agency and bears the same name and has the same
5-4 ownership as the parent school.
5-5 (22) "Primary consignee" means any enterprise that is
5-6 operated by an individual, association, partnership, or corporation
5-7 that has been designated by a driving safety course owner to
5-8 conduct business and represent the course owner in this state.
5-9 SECTION 5. Subsection (b), Section 4, Texas Driver and
5-10 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
5-11 Civil Statutes), is amended to read as follows:
5-12 (b) The agency <board> shall enter into a memorandum of
5-13 understanding with the Texas Rehabilitation Commission and the
5-14 Department of Public Safety for the interagency development of
5-15 curricula and licensing criteria for hospital and rehabilitation
5-16 facilities that teach driver education. The agency shall
5-17 administer comprehensive rules governing driver education courses
5-18 adopted by mutual agreement between the board, the Texas
5-19 Rehabilitation Commission, and the Department of Public Safety.
5-20 The agency <board> shall file the rules with the secretary of
5-21 state.
5-22 SECTION 6. Section 6, Texas Driver and Traffic Safety
5-23 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
5-24 is amended to read as follows:
5-25 Sec. 6. DUTIES OF COMMISSIONER. (a) The commissioner shall
5-26 carry out the policies of this Act, enforce rules adopted by the
5-27 board, and certify those schools and course providers meeting the
6-1 requirements for a driver education school license, driving safety
6-2 <training> school license, or both, or for a course provider
6-3 license.
6-4 (b) The commissioner by rule shall establish the curriculum
6-5 and designate the textbooks that must be used in a driver education
6-6 course. In addition, the <The> commissioner may adopt and enforce
6-7 temporary rules under this Act, but the temporary rules are valid
6-8 only until the next meeting of the board.
6-9 SECTION 7. Subsection (c), Section 7, Texas Driver and
6-10 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
6-11 Civil Statutes), is amended to read as follows:
6-12 (c) A driver education course is exempt from this Act,
6-13 except Section 9A of this Act, if it is:
6-14 (1) a vocational driver training school operated to
6-15 train or prepare a person for a field of endeavor in a business,
6-16 trade, technical, or industrial occupation;
6-17 (2) a school or training program that offers only
6-18 instruction of purely avocational or recreational subjects as
6-19 determined by the commissioner;
6-20 (3) a course of instruction or study sponsored by an
6-21 employer for the training of its own employees, and no tuition is
6-22 charged to a student;
6-23 (4) a course of study or instruction sponsored by a
6-24 recognized trade, business, or professional organization for the
6-25 instruction of the members of the organization with a closed
6-26 membership; or
6-27 (5) a school that is otherwise regulated and approved
7-1 under any other state law<; or>
7-2 <(6) a course of study conducted by a college or
7-3 university to train unlicensed individuals>.
7-4 SECTION 8. Section 9, Texas Driver and Traffic Safety
7-5 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
7-6 is amended to read as follows:
7-7 Sec. 9. Prohibitions. A person may not:
7-8 (1) operate a school that provides a driver education
7-9 course without a driver education <training> school license issued
7-10 by the commissioner;
7-11 (2) operate a school that provides driving safety
7-12 courses without a driving safety school license issued by the
7-13 commissioner;
7-14 (3) operate as a course provider without a course
7-15 provider license issued by the commissioner;
7-16 (4) utilize advertising designed to mislead or deceive
7-17 a prospective student;
7-18 (5) <(3)> fail to notify the commissioner of the
7-19 discontinuance of the operation of any school within three working
7-20 days after cessation of classes and make available accurate records
7-21 as required by this Act;
7-22 (6) issue, <(4)> sell, trade, or transfer a uniform
7-23 certificate of completion or driver education certificate to any
7-24 person or<,> school<, or extension> not authorized to possess it;
7-25 (7) issue, <(5)> sell, trade, or transfer:
7-26 (A) a uniform certificate of completion to a
7-27 person <student> who has not successfully completed an approved
8-1 <agency-approved>, six-hour driving safety course; or
8-2 (B) a driver education certificate to a person
8-3 who has not successfully completed a board-approved driver
8-4 education course;
8-5 (8) <(6)> negotiate any promissory instrument received
8-6 as payment of tuition or other charge before completion of 75
8-7 percent of the course, except that before that time, the instrument
8-8 may be assigned to a purchaser who will be subject to all the
8-9 defenses available against the school named as payee;
8-10 (9) <(7)> conduct any part of an approved
8-11 <agency-approved> driver education or driving safety course without
8-12 an instructor who is physically present in appropriate proximity to
8-13 the student for the type of instruction being given; or
8-14 (10) <(8)> violate any provision of this Act.
8-15 SECTION 9. The Texas Driver and Traffic Safety Education Act
8-16 (Article 4413(29c), Vernon's Texas Civil Statutes) is amended by
8-17 adding Section 9A to read as follows:
8-18 Sec. 9A. DRIVER EDUCATION CERTIFICATES. The agency shall
8-19 print and supply to licensed and exempt driver education schools
8-20 serially numbered driver education certificates to be used for
8-21 certifying completion of an approved driver education course for
8-22 the purposes of Section 7(a), Chapter 173, Acts of the 47th
8-23 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
8-24 Civil Statutes). The agency by rule shall provide for the design
8-25 and distribution of the certificates in a manner that to the
8-26 greatest extent possible prevents the unauthorized reproduction or
8-27 misuse of the certificates. The agency may charge a fee of not
9-1 more than $4 for each certificate.
9-2 SECTION 10. Section 10, formerly Section 2, Texas Driver and
9-3 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
9-4 Civil Statutes), as amended by Chapters 835 and 867, Acts of the
9-5 72nd Legislature, Regular Session, 1991, is amended to read as
9-6 follows:
9-7 Sec. 10. LICENSE REQUIRED FOR DRIVER TRAINING SCHOOL. A
9-8 person may not operate a driver training school unless a driver
9-9 training school license for the school has been secured.
9-10 <No person, firm, association, partnership, or corporation
9-11 shall operate a commercial driver-training school unless a
9-12 certificate of approval for the commercial driver-training school
9-13 has been secured under the Texas Proprietary School Act (Chapter
9-14 32, Education Code). This section does not apply to training or
9-15 classes conducted by:>
9-16 <(1) colleges, universities, high schools, and junior
9-17 high schools for students as a part of the normal program for such
9-18 institutions; or>
9-19 <(2) an organization with 50,000 or more members that
9-20 qualifies for a tax exemption under Section 501(a), Internal
9-21 Revenue Code of 1986 (26 U.S.C. Section 501), based on being listed
9-22 under Section 501(c)(4), Internal Revenue Code of 1986 (26 U.S.C.
9-23 Section 501), and conducts a driving safety course for its members
9-24 and other individuals who are at least 50 years of age that is not
9-25 utilized for the dismissal of certain misdemeanor charges as
9-26 provided by Section 143A, Uniform Act Regulating Traffic on
9-27 Highways (Article 6701d, Vernon's Texas Civil Statutes).>
10-1 SECTION 11. Section 10A, Texas Driver and Traffic Safety
10-2 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
10-3 is amended to read as follows:
10-4 Sec. 10A. BRANCH LOCATIONS. A driver education <training>
10-5 school that teaches a driver education course at one or more branch
10-6 locations other than the main business location of the school must
10-7 obtain a driver education <training> school license for the main
10-8 business location of the school and a driver education <training>
10-9 school license for each branch location. A <An extension or a>
10-10 branch location of a branch location is not permitted.
10-11 SECTION 12. The Texas Driver and Traffic Safety Education
10-12 Act (Article 4413(29c), Vernon's Texas Civil Statutes) is amended
10-13 by adding Section 10B to read as follows:
10-14 Sec. 10B. COURSE AT PUBLIC OR PRIVATE SCHOOL. A licensed
10-15 driver training school may conduct a driver training course at a
10-16 public or private school for students of the public or private
10-17 school as provided by an agreement with the public or private
10-18 school. The course is subject to all requirements of law
10-19 applicable to a course conducted at the main business location of
10-20 the driver training school.
10-21 SECTION 13. Section 11, Texas Driver and Traffic Safety
10-22 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
10-23 is amended to read as follows:
10-24 Sec. 11. LOCATIONS AUTHORIZED FOR INSTRUCTION. Driving
10-25 safety courses complying with Section 143A, Uniform Act Regulating
10-26 Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes),
10-27 may be taught at a driving safety <an extension or in a driver
11-1 training> school if the entity is approved by the agency. If the
11-2 commissioner determines that an approved driving safety course can
11-3 be taught by an alternative delivery method that does not require
11-4 the students to be present in a classroom and that includes testing
11-5 and security measures that are at least as secure as the measures
11-6 available in a usual classroom, the commissioner may approve the
11-7 alternative method. On approval, the alternative delivery method
11-8 is considered to satisfy the requirements of this Act for a driving
11-9 safety course, and the school may use the alternative delivery
11-10 method. A location at which a person taking the course by the
11-11 alternative method receives supplies or equipment for the course is
11-12 considered a classroom of the school providing the course.
11-13 <Instructor preparation courses may be conducted at a course
11-14 owner's facilities. All other driver training courses must be
11-15 conducted in agency approved schools.>
11-16 SECTION 14. The section heading and Subsections (a) and (b),
11-17 Section 12, Texas Driver and Traffic Safety Education Act (Article
11-18 4413(29c), Vernon's Texas Civil Statutes), are amended to read as
11-19 follows:
11-20 Sec. 12. APPLICATION FOR <DRIVER TRAINING> SCHOOL LICENSE.
11-21 (a) To operate or do business in this state, a school must make
11-22 written application to the commissioner for a driver education or
11-23 driving safety <training> school license. The application must be
11-24 verified, be in the form prescribed by the board, and include all
11-25 information required. A driving safety school <that offers driving
11-26 safety courses> shall obtain approval from the agency for any
11-27 multiple classroom locations <extension>.
12-1 (b) A school may not maintain, advertise, solicit for, or
12-2 conduct any course of instruction in this state before the later
12-3 of:
12-4 (1) the 30th day after the date the school applies
12-5 <submits all required documentation, information, and fees and a
12-6 surety bond> for a driver training school license; or
12-7 (2) the date the school receives a driver training
12-8 school license from the commissioner.
12-9 SECTION 15. Section 13, Texas Driver and Traffic Safety
12-10 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
12-11 is amended by amending Subsections (a), (b), (d), (e), (f), (g),
12-12 and (h) and by adding Subsections (a-1) and (a-2) to read as
12-13 follows:
12-14 (a) The commissioner shall approve the application of a
12-15 driver education school when the school is found, on investigation
12-16 at the premises of the school, to meet the following criteria:
12-17 (1) the courses, curriculum, and instruction are of
12-18 such quality, content, and length as may reasonably and adequately
12-19 achieve the stated objective for which the courses, curriculum, and
12-20 instruction are offered;
12-21 (2) there are in the school, and in the provision for
12-22 behind-the-wheel instruction, adequate space, equipment,
12-23 instructional material, and instructors to provide training of good
12-24 quality;
12-25 (3) educational and experience qualifications of
12-26 directors, instructors, and administrators are adequate;
12-27 (4) a copy of the schedule of tuition, fees, refund
13-1 policy, and other charges, regulations pertaining to absence,
13-2 grading policy, and rules of operation and conduct, and the name,
13-3 mailing address, and telephone number of the agency for the purpose
13-4 of directing complaints to the agency is furnished to each student
13-5 before enrollment;
13-6 (5) on completion of training, each student is given a
13-7 certificate by the school indicating the course name and
13-8 satisfactory completion;
13-9 (6) adequate records as prescribed by the commissioner
13-10 are kept to show attendance and progress or grades, and
13-11 satisfactory standards relating to attendance, progress, and
13-12 conduct are enforced;
13-13 (7) the school complies with all county, municipal,
13-14 state, and federal regulations, including fire, building, and
13-15 sanitation codes and assumed name registration;
13-16 (8) the school is financially sound and capable of
13-17 fulfilling its commitments for training;
13-18 (9) the school's administrators, directors, owners,
13-19 and instructors are of good reputation and character;
13-20 (10) the school has, maintains, and publishes as part
13-21 of its student enrollment contract the proper policy for the refund
13-22 of the unused portion of tuition, fees, and other charges if a
13-23 student enrolled by the school fails to take the course or
13-24 withdraws or is discontinued from the school at any time before
13-25 completion;
13-26 (11) the school does not use erroneous or misleading
13-27 advertising, either by actual statement, omission, or intimation,
14-1 as determined by the board;
14-2 (12) the school does not use a name like or similar to
14-3 the name of another existing school or tax-supported educational
14-4 establishment in this state, unless specifically approved in
14-5 writing by the commissioner;
14-6 (13) the school submits to the agency for approval the
14-7 applicable course hour lengths and curriculum content for each
14-8 course offered by the school;
14-9 (14) the school does not owe a civil penalty under
14-10 this Act; and
14-11 (15) additional criteria as may be required by the
14-12 agency <board>.
14-13 (a-1) The commissioner shall approve the application of a
14-14 driving safety school if on investigation the agency finds that:
14-15 (1) the school presents the driving safety course,
14-16 curriculum, and instruction in a quality, content, and length that
14-17 reasonably and adequately achieve the stated objective for which
14-18 the course, curriculum, and instruction are developed by the course
14-19 provider;
14-20 (2) the school has adequate space, equipment,
14-21 instructional material, and instructors to provide training of good
14-22 quality;
14-23 (3) the school's instructors and administrators have
14-24 adequate educational and experience qualifications;
14-25 (4) the school keeps and maintains adequate records as
14-26 prescribed by the commissioner to show attendance and progress of
14-27 grades and that satisfactory standards relating to attendance,
15-1 progress, and conduct are enforced;
15-2 (5) the school complies with all county, municipal,
15-3 state, and federal law, including fire, building, and sanitation
15-4 codes and assumed name registration;
15-5 (6) the school's administrators, owners, and
15-6 instructors are of good reputation and character;
15-7 (7) the school does not use erroneous or misleading
15-8 advertising, either by actual statement, omission, or intimation,
15-9 as determined by the board;
15-10 (8) the school does not use a name like or similar to
15-11 the name of another existing school or tax-supported educational
15-12 establishment in this state unless specifically approved in writing
15-13 by the commissioner;
15-14 (9) the school has, maintains, and uses the approved
15-15 contract and policies developed by the course provider;
15-16 (10) the school does not owe a civil penalty under
15-17 this Act;
15-18 (11) the school will not provide a driving safety
15-19 course to any person for a cost less than $25; and
15-20 (12) the school meets additional criteria required by
15-21 the board.
15-22 (a-2) The commissioner shall approve the application of a
15-23 person to be a course provider if on investigation the agency finds
15-24 that:
15-25 (1) the course provider has an approved course;
15-26 (2) the course provider can show evidence that there
15-27 is at least one licensed driving safety school that is willing to
16-1 offer the course;
16-2 (3) the course provider has adequate educational and
16-3 experience qualifications;
16-4 (4) the course provider will develop and provide to
16-5 driving safety schools that offer the approved course a refund
16-6 policy, regulations pertaining to absence, grading policy, rules of
16-7 operation, and conduct, and the name, mailing address, and
16-8 telephone number of the agency for the purpose of directing
16-9 complaints to the agency and that copies of these will be furnished
16-10 to each student by the schools before enrollment;
16-11 (5) not later than the 15th working day after the date
16-12 of completion of the course by a person, the course provider mails
16-13 a uniform certificate of completion to the person indicating the
16-14 course name and successful completion;
16-15 (6) the course provider keeps and maintains adequate
16-16 records as prescribed by the commissioner to show attendance and
16-17 progress or grades and that satisfactory standards relating to
16-18 attendance, progress, and conduct are enforced;
16-19 (7) the course provider complies with all county,
16-20 municipal, state, and federal law, including assumed name
16-21 registration and other applicable requirements;
16-22 (8) the course provider is financially sound and
16-23 capable of fulfilling its commitments for training;
16-24 (9) the course provider is of good reputation and
16-25 character;
16-26 (10) the course provider has, maintains, and publishes
16-27 as a part of its student enrollment contract the proper policy for
17-1 the refund of the unused portion of tuition, fees, and other
17-2 charges if a person enrolled by the school fails to take the course
17-3 or withdraws or is discontinued from the school at any time before
17-4 completion;
17-5 (11) the course provider does not use erroneous or
17-6 misleading advertising, either by actual statement, omission, or
17-7 intimation, as determined by the board;
17-8 (12) the course provider does not use a name like or
17-9 similar to the name of another existing school or tax-supported
17-10 educational establishment in this state unless specifically
17-11 approved in writing by the commissioner;
17-12 (13) the course provider does not owe a civil penalty
17-13 under this Act; and
17-14 (14) the course provider meets additional criteria
17-15 required by the board.
17-16 (b)(1) License, application, and registration fees shall be
17-17 collected by the commissioner and deposited with the state
17-18 treasurer. Fees shall be sufficient to cover administrative costs
17-19 and may not be subject to refund. Fees shall be as follows <Each
17-20 fee shall be set by the commissioner and approved by the board in
17-21 an amount not to exceed 150 percent of the following>:
17-22 (A)(i) the initial fee for a driver education
17-23 <training> school license is $1,000 <$1,700> plus $850 for each
17-24 branch location;
17-25 (ii) the initial fee for a driving safety
17-26 school license is an appropriate amount established by the board
17-27 not to exceed $200; and
18-1 (iii) the initial fee for a course
18-2 provider license is an appropriate amount established by the board
18-3 not to exceed $2,000, except that this fee may be waived by the
18-4 agency if revenue received by the agency from the course provider
18-5 is sufficient to fund the cost of licensing the course provider;
18-6 (B) the <(i)> annual renewal fee for a course
18-7 provider, driving safety school, driver education school, and
18-8 branch school is an appropriate amount established by the board not
18-9 to exceed $200, but <fees as specified in this subsection> may be
18-10 waived by the agency if revenue generated by the issuance <sale> of
18-11 uniform certificates of completion and driver education
18-12 certificates is sufficient to fund the cost of administering this
18-13 Act and Section 143A, Uniform Act Regulating Traffic on Highways
18-14 (Article 6701d, Vernon's Texas Civil Statutes); <and>
18-15 <(ii) the annual renewal fee for a school
18-16 license shall be determined by the board in an amount sufficient to
18-17 fund the cost of administering this Act and Section 143A, Uniform
18-18 Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas
18-19 Civil Statutes);>
18-20 (C) the fee for a change of address of a driver
18-21 education school is $180 and of a driving safety school or course
18-22 provider is $50;
18-23 (D) the fee for a change of name of:
18-24 (i) a driver education school or course
18-25 provider or an owner of a driver education school or course
18-26 provider is $100; and
18-27 (ii) a driving safety school or owner of a
19-1 driving safety school is $50;
19-2 (E) the application fee for each additional
19-3 driver education or driving safety course at a school is $25;
19-4 (F) the application fee for each director is
19-5 $30, and for each assistant director, or administrative staff
19-6 member is $15;
19-7 (G) each application for approval of a driving
19-8 safety course that has not been evaluated by the board shall be
19-9 accompanied by a nonrefundable fee of $9,000 <the fee for each
19-10 extension is $35>;
19-11 (H) each application for an original driver
19-12 education or driving safety <training> instructor's license shall
19-13 be accompanied by a processing fee of $50 and an annual license fee
19-14 of $25, except that the commissioner may not collect the processing
19-15 fee from an applicant for a driver education instructor license who
19-16 is currently teaching a driver education course in a public school
19-17 in this state; and
19-18 (I) the fee for a duplicate license, which may
19-19 be issued if the original is lost or destroyed and an affidavit of
19-20 that fact is filed with the agency, shall be set by the board <in
19-21 an amount sufficient to cover the costs of issuing the duplicate
19-22 license>.
19-23 (2) A driver education instructor who teaches driver
19-24 education courses in a county having a population of 50,000 or
19-25 less, according to the most recent federal census, and who has no
19-26 more than 200 students annually, shall be regulated by the agency
19-27 as a school. An instructor described by this subdivision shall
20-1 submit a school application or renewal form plus all required
20-2 documentation and information to the agency. The commissioner may
20-3 waive initial school fees, annual school renewal fees, or
20-4 director's or administrative staff member's fees. An instructor
20-5 described by this subdivision is not exempt from licensing
20-6 requirements or fees.
20-7 (3) The commissioner shall periodically review and
20-8 recommend adjustments in the level of fees to the board and
20-9 legislature.
20-10 (4) The fee for an investigation of <at> a school or
20-11 course provider to resolve a complaint filed against the school or
20-12 course provider shall be set by the commissioner and approved by
20-13 the board. The complaint investigation fee may be charged only if:
20-14 (A) the complaint could not have been resolved
20-15 solely by telephone or written correspondence;
20-16 (B) a representative of the agency visited the
20-17 school or course provider as a part of the complaint resolution
20-18 process; and
20-19 (C) the school or course provider is found to be
20-20 at fault.
20-21 (5) The agency shall print and supply to licensed
20-22 course providers serially numbered uniform certificates of course
20-23 completion <to owners or primary consignees of courses approved
20-24 under this Act>. The agency may charge a fee of not more than $4
20-25 <$1> for each certificate. A course provider shall <An owner or
20-26 consignee may not> charge an operator a fee equal to <in excess of>
20-27 the fee paid to the agency for a certificate. The course provider
21-1 shall charge and retain a user fee of not less than $3 a student
21-2 for the use of course materials, oversight, and administration of
21-3 the course.
21-4 (6) <The commissioner, with approval of the board, may
21-5 increase any fee authorized under this subsection at a rate that
21-6 does not exceed the increase in the Consumer Price Index for All
21-7 Urban Consumers published by the Department of Labor. Fees under
21-8 this subsection do not have to be increased annually.>
21-9 <(7)> Fees collected under this subsection shall be
21-10 deposited in the state treasury in a special account in the General
21-11 Revenue Fund. Money in the account may be appropriated only for
21-12 payment of monetary awards for information concerning abuse of the
21-13 driver education or uniform certificates of completion that leads
21-14 to the conviction or removal of an approval, license, or
21-15 authorization and for the administration of this Act and Section
21-16 143A, Uniform Act Regulating Traffic on Highways (Article 6701d,
21-17 Vernon's Texas Civil Statutes). This dedication is exempt from the
21-18 application of Sections 403.094 and 403.095, Government Code.
21-19 (7) Duplicate uniform certificates of completion shall
21-20 be issued by the agency. An appropriate fee for issuing duplicate
21-21 certificates shall be determined by board rule.
21-22 (d)(1) The commissioner, on review of an application for a
21-23 driver education school, driving safety school, or course provider
21-24 <training school> license that is submitted in accordance with this
21-25 Act and that meets the requirements of this Act, shall issue a
21-26 <driver training school> license to the applicant. Each <A driver
21-27 training school> license shall be in a form determined
22-1 <recommended> by the commissioner and approved by the board and
22-2 shall show in a clear and conspicuous manner at least the
22-3 following:
22-4 (A) the date of issuance, effective date, and
22-5 term of approval;
22-6 (B) the name and address of the school or course
22-7 provider;
22-8 (C) the authority for approval and conditions of
22-9 approval;
22-10 (D) the signature of the commissioner; and
22-11 (E) any other fair and reasonable
22-12 representations that are consistent with this Act and considered
22-13 necessary by the commissioner.
22-14 (2) The term for which a driver education school,
22-15 driving safety school, or course provider <training school> license
22-16 is issued may not exceed one year.
22-17 (3)(A) A driver education school, driving safety
22-18 school, or course provider <training school> license issued to an
22-19 owner of the applicant school or course provider is nontransferable
22-20 and is the property of the state. In the event of a change in
22-21 ownership of the school or course provider, a new owner shall, at
22-22 least 30 days before the date of the change in ownership, apply for
22-23 a new driver education school, driving safety school, or course
22-24 provider <training school> license. Instead of the fees required
22-25 by Subsection (b) of this section, the fee for a new driver
22-26 education school or course provider license required under this
22-27 subdivision is $500, plus $200 for each branch location, if the
23-1 purchasing entity is substantially similar to the transferring
23-2 entity and there is no significant change in the management or
23-3 control of the driver education school or course provider.
23-4 (B) The commissioner is not required to
23-5 reinspect a school or a branch location after a change of its
23-6 ownership.
23-7 (4) At least 30 days before the expiration of a driver
23-8 education school, driving safety school, or course provider
23-9 <training school> license, the school or course provider shall
23-10 forward to the commissioner an application for renewal. The
23-11 commissioner may reexamine a driver education school's <the school>
23-12 premises. The commissioner <and> shall renew or cancel the
23-13 <school's> driver education school, driving safety school, or
23-14 course provider <training school> license. If a school or course
23-15 provider fails to file a complete application for renewal at least
23-16 30 days before the expiration date of the driver education school,
23-17 driving safety school, or course provider <training school>
23-18 license, the school or course provider shall pay as a condition of
23-19 renewal and in addition to any annual renewal fee a late renewal
23-20 fee in an amount established by board rule of at least $100,
23-21 subject to Subsection (b) of this section.
23-22 (5) The commissioner shall visit a school or course
23-23 provider and reexamine the school or course provider for compliance
23-24 with the criteria adopted under this Act.
23-25 (e)(1) If the commissioner determines the applicant for a
23-26 driver education school, driving safety school, or course provider
23-27 <training school> license to be unacceptable, the commissioner
24-1 shall state the reasons for denial, in writing, to the applicant.
24-2 (2) Any applicant whose driver education school,
24-3 driving safety school, or course provider <training school> license
24-4 is denied has the right of appeal under Section 17 <18> of this
24-5 Act.
24-6 (f)(1) The commissioner may revoke a driver education
24-7 school, driving safety school, or course provider <training school>
24-8 license or may place reasonable conditions on the continued
24-9 approval represented by the license. On revocation or imposition
24-10 of conditions on a driver education school, driving safety school,
24-11 or course provider <training school> license, the commissioner
24-12 shall notify the licensee, in writing, of the impending action and
24-13 state the grounds for the proposed action. The commissioner may
24-14 reexamine a school or course provider two or more times during any
24-15 year in which a notice relating to the school or course provider
24-16 has been issued or conditions have been imposed on the school under
24-17 this subsection.
24-18 (2) A driver education school, driving safety school,
24-19 or course provider <training school> license may be revoked or be
24-20 made conditional if the commissioner has reasonable cause to
24-21 believe that the school or course provider is guilty of a violation
24-22 of this Act or any rule adopted under this Act.
24-23 (g)(1) Before a driver education <training> school license
24-24 may be issued under this Act, a bond shall be provided by the
24-25 school for the period for which the license is to be issued, and
24-26 the obligation of the bond shall be that neither a provision of
24-27 this Act nor any rule adopted under this Act shall be violated by
25-1 the school or any of its officers, agents, or employees. A driver
25-2 education <training> school <that teaches driver education> shall
25-3 submit a bond in the amount of $10,000 for its primary driver
25-4 education <training> school and $5,000 for each branch location of
25-5 the school. <All other schools shall submit a bond in the amount
25-6 of $5,000.> A bond must be a corporate surety bond issued by a
25-7 company authorized to do business in the state, be payable to the
25-8 state, and be used only for payment of a refund due to a student or
25-9 potential student. The bond shall be filed with the commissioner
25-10 and shall be in such form as shall be approved by the commissioner.
25-11 Posting of these bond amounts shall satisfy the requirements for
25-12 financial stability for driver education schools under this Act.
25-13 (2) A driving safety school is not required to post a
25-14 surety bond.
25-15 (3) Before a course provider license may be issued
25-16 under this Act, a bond shall be provided by the course provider for
25-17 the period for which the license is to be issued, and the
25-18 obligation of the bond shall be that no provision of this Act or
25-19 the Uniform Act Regulating Traffic on Highways (Article 6701d,
25-20 Vernon's Texas Civil Statutes) and no rule adopted under this Act
25-21 may be violated by the course provider or any of its officers,
25-22 agents, or employees. A course provider shall submit the bond in
25-23 the amount of $25,000. The bond must be a corporate surety bond
25-24 issued by a company authorized to do business in this state,
25-25 payable to the state, and used:
25-26 (A) for payment of a refund due to any student
25-27 of the course provider's approved course;
26-1 (B) to cover the payment of any unpaid fees,
26-2 penalties, and fines assessed by the agency; and
26-3 (C) to recover the cost of any uniform
26-4 certificates of completion demanded by the agency to be returned or
26-5 any cost associated with the certificates.
26-6 (4) Instead of the bond required by Subdivision (1) of
26-7 this subsection, the school may provide another form of security
26-8 that is:
26-9 (A) approved by the commissioner; and
26-10 (B) in the amount required for a comparable bond
26-11 under Subdivision (1) or (3) of this subsection.
26-12 (h)(1) As a condition for the granting of a driver education
26-13 <training> school or course provider license, a school or course
26-14 provider must maintain a cancellation and settlement policy that
26-15 provides a full refund of all money paid by a student if:
26-16 (A) the student cancels the enrollment agreement
26-17 or contract before midnight of the third day, excluding Saturdays,
26-18 Sundays, and legal holidays, after the date the enrollment contract
26-19 is signed by the prospective student, unless the student has
26-20 successfully completed the course or received a failing grade on
26-21 the course examination <and accepted a certificate of completion
26-22 during that period>; or
26-23 (B) the enrollment of the student was procured
26-24 as a result of any misrepresentation in advertising, promotional
26-25 materials of the school or course provider, or representation made
26-26 by an owner or employee of the school or course provider.
26-27 (2) As <Unless only driving safety courses are
27-1 proposed to be provided, as> a condition for granting a driver
27-2 education <training> school license, a school shall maintain a
27-3 policy for the refund of the unused portion of driver education
27-4 tuition, fees, and other charges if a student, after expiration of
27-5 the cancellation period described by Subdivision (1) of this
27-6 subsection, fails to enter the course, withdraws, or is
27-7 discontinued from the course at any time before completion, and the
27-8 policy must provide that:
27-9 (A) refunds are based on the period of
27-10 enrollment computed on the basis of course time expressed in clock
27-11 hours;
27-12 (B) the effective date of the termination for
27-13 refund purposes is the earliest of the following:
27-14 (i) the last day of attendance, if the
27-15 student's enrollment is terminated by the school;
27-16 (ii) the date of receipt of written notice
27-17 from the student; or
27-18 (iii) the 10th school day following the
27-19 last day of attendance;
27-20 (C) if tuition is collected in advance of
27-21 entrance and if, after expiration of the cancellation period
27-22 described by Subdivision (1) of this subsection, a student does not
27-23 enter the school, terminates enrollment, or withdraws, the school
27-24 may retain up to $50 as administrative expenses and, from the
27-25 remainder, shall refund that portion of the classroom tuition and
27-26 fees and behind-the-wheel tuition and fees for services not
27-27 previously received by the student;
28-1 (D) refunds of items of extra expense to the
28-2 student, including instructional supplies, books, laboratory fees,
28-3 service charges, rentals, deposits, and all other such ancillary
28-4 miscellaneous charges, will be made within 30 days after the
28-5 effective date of enrollment termination, if these items are
28-6 separately stated and shown in the data furnished the student
28-7 before enrollment and the student returns any school property in
28-8 the student's possession to the school; and
28-9 (E) refunds will be completed within 30 days
28-10 after the effective date of enrollment termination.
28-11 (3) If the course of instruction is discontinued by
28-12 the school or course provider, preventing a student from completing
28-13 the course, all tuition and fees paid are then due and refundable.
28-14 (4) If a refund is not made within the period required
28-15 by this subsection, the school or course provider shall pay
28-16 interest on the refund for the interval beginning with the first
28-17 day following the expiration of the refund period and ending with
28-18 the day immediately preceding the date the refund is made. The
28-19 commissioner annually shall establish the rate of interest at a
28-20 rate sufficient to provide a deterrent to the retention of student
28-21 funds. The agency may except a school or course provider from the
28-22 payment of the interest if the school or course provider makes a
28-23 good-faith effort to refund tuition but is unable to locate the
28-24 student to whom the refund is owed. The school or course provider
28-25 shall provide on request of the agency documentation of the effort
28-26 to locate a student.
28-27 SECTION 16. The Texas Driver and Traffic Safety Education
29-1 Act (Article 4413(29c), Vernon's Texas Civil Statutes) is amended
29-2 by adding Section 13A to read as follows:
29-3 Sec. 13A. COURSE PROVIDER RESPONSIBILITIES. (a) An issued
29-4 uniform certificate of completion shall be mailed to the student
29-5 not later than the 15th working day after the date of completion of
29-6 an approved driving safety course only by the course provider or
29-7 authorized personnel at the course provider's facilities.
29-8 (b) Data identified by the agency pertaining to issued
29-9 uniform certificates of completion shall be submitted
29-10 electronically by each course provider to the agency in a manner
29-11 determined by the agency.
29-12 (c) The agency shall investigate options to develop and
29-13 implement procedures to provide information pertaining to driving
29-14 safety courses by electronic transmission to the state municipal
29-15 and justice courts.
29-16 (d) A course provider shall conduct driving safety
29-17 instructor development courses for its approved driving safety
29-18 course.
29-19 (e) The board may adopt additional rules to ensure integrity
29-20 of the course and enhance program quality.
29-21 (f) A course provider license entitles a provider to
29-22 purchase uniform certificates of completion for only one approved
29-23 driving safety course.
29-24 SECTION 17. Section 15, formerly Section 5, Texas Driver and
29-25 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
29-26 Civil Statutes), as amended by Chapters 835 and 867, Acts of the
29-27 72nd Legislature, Regular Session, 1991, is amended to read as
30-1 follows:
30-2 Sec. 15. License required for <driver training> instructor.
30-3 (a) A person may not teach or give driving safety <driver>
30-4 training, either as an individual or in a driving safety <driver
30-5 training> school, or any phase of driving safety <driver training
30-6 or> education, unless a driving safety instructor license <as an
30-7 instructor> has been secured from the agency, except that<:>
30-8 <(1) a driver education instructor teaching in a
30-9 public secondary school supported by taxation from either a local
30-10 or state source is exempt from this section;>
30-11 <(2) a driver education instructor in a college or
30-12 university regulated by the Texas Higher Education Coordinating
30-13 Board is exempt; and>
30-14 <(3)> an instructor of <in> a driving safety course
30-15 <program> that does not provide a uniform certificate of completion
30-16 to its graduates is exempt from this section. A person may not
30-17 teach or give driver education, either as an individual or in a
30-18 driver education school, or any phase of driver education unless a
30-19 driver education instructor license has been secured from the
30-20 agency.
30-21 (b) A license issued to a driver education or driving safety
30-22 <training> instructor expires not more than <automatically> 12
30-23 months after the date of issue, unless sooner suspended or revoked.
30-24 License renewal applications must include evidence of completion of
30-25 continuing education and shall be postmarked at least 30 days
30-26 before the date of expiration or a late renewal fee of $25 will be
30-27 imposed. The continuing education must be in courses approved by
31-1 the commissioner and be for a certain number of hours determined by
31-2 the commissioner.
31-3 (c) A driver education <training> instructor license shall
31-4 be carried by the instructor at all times while instructing driver
31-5 education courses. A driving safety instructor license shall be
31-6 carried by the instructor at all times while instructing driving
31-7 safety courses. Each license shall be signed by the commissioner
31-8 and issued under the seal of the board <agency>.
31-9 <No person shall teach or give driver-training for hire or
31-10 for tuition, either as an individual or in a commercial
31-11 driver-training school, or any phase of driver-training or
31-12 education, unless a license as a driver-training instructor or
31-13 supervisory driver-training instructor has been secured from the
31-14 Department, provided that instructors in classes conducted by an
31-15 entity exempt under Section 2 of this Act shall be exempt.>
31-16 SECTION 18. The Texas Driver and Traffic Safety Education
31-17 Act (Article 4413(29c), Vernon's Texas Civil Statutes) is amended
31-18 by adding Section 15A to read as follows:
31-19 Sec. 15A. DRIVER EDUCATION INSTRUCTOR TRAINING. (a) With
31-20 approval of the board, the commissioner shall establish standards
31-21 for certification of professional and paraprofessional personnel
31-22 who conduct driver education programs in driver education schools.
31-23 (b) A driver education instructor license may not be issued
31-24 authorizing a person to teach or give driver education in-car
31-25 training unless the person has successfully completed six semester
31-26 hours of driver and traffic safety education or a program of study
31-27 in driver education approved by the board from an approved driver
32-1 education school. A person holding a driver education instructor
32-2 license authorizing in-car training may be approved to assist
32-3 classroom instructors in the classroom phase of driver education if
32-4 the person successfully completes the additional three semester
32-5 hours of training required for a classroom instructor or a program
32-6 of study in driver education approved by the board.
32-7 (c) A driver education instructor license may not be issued
32-8 authorizing a person to teach or give classroom driver education
32-9 training unless the person:
32-10 (1) has completed nine semester hours of driver and
32-11 traffic safety education or a program of study in driver education
32-12 approved by the board from an approved driver education school; and
32-13 (2) holds a teaching certificate and any additional
32-14 certification required to teach driver education.
32-15 (d) A driver education instructor who has completed the
32-16 educational requirements for a classroom driver education
32-17 instructor under Subsection (c)(1) of this section may be approved
32-18 to teach instructor training classes after successfully completing
32-19 a supervising instructor development program consisting of at least
32-20 six additional semester hours or a program of study in driver
32-21 education approved by the board that includes administering driver
32-22 education programs and supervising and administering traffic safety
32-23 education.
32-24 (e) A driver education school may submit for agency approval
32-25 a curriculum for an instructor development program for driver
32-26 education instructors. The program must be taught by a person who
32-27 has successfully completed a supervising instructor development
33-1 program under Subsection (d) of this section and must satisfy the
33-2 requirements of this section for the particular program or type of
33-3 training to be provided.
33-4 SECTION 19. Section 16, Texas Driver and Traffic Safety
33-5 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
33-6 is amended to read as follows:
33-7 Sec. 16. Denial, suspension, revocation grounds. (a) The
33-8 agency may deny, suspend, or revoke the license of any instructor
33-9 on any one or more of the following grounds:
33-10 (1) when the agency is satisfied that the applicant or
33-11 licensee fails to meet the requirements to receive or hold a
33-12 license under this Act;
33-13 (2) when the applicant or licensee permits fraud or
33-14 engages in fraudulent practices with reference to the application
33-15 to the agency, induces or countenances fraud or fraudulent
33-16 practices on the part of any applicant for a driver's license or
33-17 permit, or permits or engages in any other fraudulent practice in
33-18 any action between the applicant or licensee and the public; or
33-19 (3) when the applicant or licensee fails to comply
33-20 with the rules of the agency regarding the instruction of drivers
33-21 in this state or fails to comply with any section of this Act.
33-22 (b) Not later than the 10th day after the date of a decision
33-23 under this section the agency shall notify the applicant or license
33-24 holder by certified mail of the decision.
33-25 SECTION 20. Section 17, Texas Driver and Traffic Safety
33-26 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
33-27 is amended to read as follows:
34-1 Sec. 17. HEARING. (a) A person aggrieved by the denial,
34-2 suspension, or revocation of a license may appeal the decision and
34-3 request a hearing before the commissioner. The request must be
34-4 submitted not later than the 15th day after the date of receipt of
34-5 notice of a decision made under Section 16 of this Act. On receipt
34-6 of a request for a hearing, the commissioner shall set a time and
34-7 place for the hearing and send notice to the person of the time and
34-8 place. A hearing shall be held within 30 days after the date of
34-9 receipt of the request. At the hearing, an applicant or licensee
34-10 may appear in person or by counsel and present evidence. Any
34-11 interested person may appear and present oral or documentary
34-12 evidence. <When there is cause to deny an application or to
34-13 suspend or revoke any license, the agency, not less than 15 days
34-14 before the date denial, suspension, or revocation action is taken,
34-15 shall notify the person in writing, in person, or by certified mail
34-16 at the last address supplied to the agency by the person, of the
34-17 impending denial, suspension, or revocation, the reasons therefor,
34-18 and of the person's right to an administrative hearing for the
34-19 purpose of determining whether or not the evidence is sufficient to
34-20 warrant the denial, suspension, or revocation action proposed to be
34-21 taken by the agency. If, within 20 days after the date of personal
34-22 service of notice or the date notice was deposited in the United
34-23 States mail, the person has not made a written request to the
34-24 agency for an administrative hearing, the agency is authorized to
34-25 deny, suspend, or revoke the license without a hearing. On receipt
34-26 by the agency of a written request of the person within the 20-day
34-27 period, an opportunity for an administrative hearing shall be
35-1 afforded. In no case shall the hearing be held less than 10 days
35-2 after the date written notification thereof, including a copy of
35-3 the charges, shall have been given the person by personal service
35-4 or by certified mail sent to the last address supplied to the
35-5 agency by the applicant or licensee.>
35-6 (b) Except as provided by Subsection (c), the commissioner
35-7 <The agency> shall conduct the administrative hearing and is
35-8 authorized to administer oaths and issue subpoenas for the
35-9 attendance of witnesses and the production of relevant books,
35-10 papers, and documents. On the basis of the evidence submitted at
35-11 the hearing, the commissioner <agency> shall take whatever action
35-12 the commissioner <it> deems necessary in denying the application or
35-13 suspending or revoking the license. Not later than the 10th day
35-14 after the date of the hearing the commissioner shall notify the
35-15 applicant or license holder by certified mail of the commissioner's
35-16 decision on the appeal.
35-17 (c) The agency may contract with another entity for the
35-18 conducting of a hearing required under this Act.
35-19 SECTION 21. Section 18, Texas Driver and Traffic Safety
35-20 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
35-21 is amended to read as follows:
35-22 Sec. 18. JUDICIAL REVIEW <APPEAL>. (a) <An applicant
35-23 aggrieved by the denial of any license by the commissioner has the
35-24 right to appeal the decision of the commissioner and request a
35-25 hearing before the commissioner within 15 days after the date of
35-26 receipt of notice. On receipt of a request for a hearing, the
35-27 commissioner shall set a time and place for the hearing and send
36-1 notice to the school of the time and place. A hearing shall be
36-2 held within 30 days after the date of receipt of the request. At
36-3 the hearing, an applicant may appear in person or by counsel and
36-4 present evidence in support of the granting of the license. Any
36-5 interested person may appear and present oral or documentary
36-6 evidence to the commissioner concerning the issuance of a driver
36-7 training school license to the applicant. Within 10 days after the
36-8 date of the hearing, the commissioner shall notify the applicant of
36-9 the commissioner's affirmance or revocation of the denial of any
36-10 license.>
36-11 <(b)> The commissioner's decision on the appeal may be
36-12 appealed to a district court in Travis County.
36-13 (b) <(c)> Unless stayed by the court on showing of good
36-14 cause, the commissioner's decision may not be superseded during
36-15 appeal.
36-16 (c) <(d)> On filing of the lawsuit, citation shall be served
36-17 on the commissioner, who shall cause to be made a complete record
36-18 of all proceedings had before the commissioner and certify a copy
36-19 of the proceedings to the court. Trial before the court shall be
36-20 on the basis of the record made before the commissioner, and the
36-21 court shall make its decision based on the record. The
36-22 commissioner's decision shall be affirmed by the court if the court
36-23 finds substantial evidence in the record to justify the decision,
36-24 unless the court finds the denial of the license to be:
36-25 (1) arbitrary and capricious;
36-26 (2) in violation of the constitution or laws of the
36-27 United States or this state; or
37-1 (3) in violation of rules adopted by the board under
37-2 this Act.
37-3 (d) <(e)> A decision of the trial court is subject to appeal
37-4 in the same manner as is any civil lawsuit.
37-5 (e) <(f)> An appeal concerning suspension or revocation of
37-6 any license shall be prosecuted in the same manner and under the
37-7 same provisions as provided by this Act for appeals from denial of
37-8 licenses.
37-9 SECTION 22. Section 25, Texas Driver and Traffic Safety
37-10 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
37-11 is amended to read as follows:
37-12 Sec. 25. Sanctions. (a) If the agency believes that a
37-13 driver education school or instructor has violated this Act or a
37-14 rule adopted under this Act, the agency may, without notice:
37-15 (1) order a peer review <of the school>; <or>
37-16 (2) suspend the enrollment <admission> of students in
37-17 <to> the school or the offering of instruction by the instructor;
37-18 or
37-19 (3) suspend the right to purchase driver education
37-20 certificates of completion.
37-21 (b) If the agency believes that a course provider, driving
37-22 safety school, or driving safety instructor has violated this Act
37-23 or the Uniform Act Regulating Traffic on Highways (Article 6701d,
37-24 Vernon's Texas Civil Statutes) or a rule adopted under one of those
37-25 Acts, the agency may, without notice:
37-26 (1) order a peer review of the course provider,
37-27 driving safety school, or driving safety instructor;
38-1 (2) suspend the enrollment of students in the school
38-2 or the offering of instruction by the instructor; or
38-3 (3) suspend the right to purchase uniform certificates
38-4 of completion.
38-5 (c) <(b)> A peer review ordered under this section shall be
38-6 conducted by a peer review team composed of knowledgeable persons
38-7 selected by the agency. The team shall provide the agency with an
38-8 objective assessment of the content of the school's or course
38-9 provider's curriculum and its application. The costs of providing
38-10 a peer review team shall be paid by the school or course provider,
38-11 as appropriate.
38-12 SECTION 23. Section 27, Texas Driver and Traffic Safety
38-13 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
38-14 is amended to read as follows:
38-15 Sec. 27. Penalties. Any person who violates any provision
38-16 of this Act commits an offense <shall be guilty of a misdemeanor>
38-17 and, except as otherwise provided by law, upon conviction thereof
38-18 shall be punished by a fine of not less than $100 nor more than
38-19 $20,000 <$1,000>, or by imprisonment in the county jail for a term
38-20 of not to exceed six months, or both.
38-21 SECTION 24. The Texas Driver and Traffic Safety Education
38-22 Act (Article 4413(29c), Vernon's Texas Civil Statutes) is amended
38-23 by adding Section 27A to read as follows:
38-24 Sec. 27A. UNAUTHORIZED TRANSFER OF CERTIFICATE. (a) A
38-25 person who knowingly sells, trades, issues, or otherwise transfers,
38-26 or possesses with intent to sell, trade, issue, or otherwise
38-27 transfer, a uniform certificate of completion or driver education
39-1 certificate to an individual, firm, or corporation not authorized
39-2 to possess it commits an offense.
39-3 (b) A person who knowingly possesses a uniform certificate
39-4 of completion or driver education certificate and who is not
39-5 authorized to possess the certificate commits an offense.
39-6 (c) A person adjudged guilty of an offense under this
39-7 section shall be punished by imprisonment in the institutional
39-8 division of the Texas Department of Criminal Justice for a term of
39-9 not more than five years.
39-10 (d) The agency shall contract with the Department of Public
39-11 Safety to provide undercover and investigative assistance in the
39-12 enforcement of the prohibition provided by Subsection (a) of this
39-13 section.
39-14 SECTION 25. Subsection (a), Section 7, Chapter 173, Acts of
39-15 the 47th Legislature, Regular Session, 1941 (Article 6687b,
39-16 Vernon's Texas Civil Statutes), is amended to read as follows:
39-17 (a) The Department may license a person as a Class C driver
39-18 who is under the age of eighteen (18) years, provided the person:
39-19 (1) is sixteen (16) years of age or older;
39-20 (2) has submitted to the Department a driver education
39-21 certificate provided for by Section 9A, Texas Driver and Traffic
39-22 Safety Education Act (Article 4413(29c), Vernon's Texas Civil
39-23 Statutes), indicating that the person has completed and passed a
39-24 driver education <training> course approved by the Department under
39-25 Section 7A of this Act or by the Central Education Agency;
39-26 (3) has obtained a high school diploma or its
39-27 equivalent or is a student enrolled in a public, home, or private
40-1 school who attended school for at least 80 days in the fall or
40-2 spring semester preceding the date of application, or has been
40-3 enrolled for at least 45 days, and is currently enrolled, in a
40-4 program to prepare persons to pass the high school equivalency
40-5 exam; and
40-6 (4) has passed the examination required by Section 10
40-7 of this Act.
40-8 SECTION 26. Section 10, Chapter 173, Acts of the 47th
40-9 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
40-10 Civil Statutes), is amended by adding Subsections (e) and (f) to
40-11 read as follows:
40-12 (e) A driver education school licensed under the Texas
40-13 Driver and Traffic Safety Education Act (Article 4413(29c),
40-14 Vernon's Texas Civil Statutes) may administer the vision, highway
40-15 sign, and traffic law parts of the examination to a student of the
40-16 school. An examination administered under this subsection
40-17 satisfies the examination requirements of this Section as to the
40-18 parts of the test administered.
40-19 (f) Each applicant shall be given the option of taking the
40-20 traffic law and highway sign part of the examination in writing in
40-21 addition to or instead of by a mechanical, electronic, or other
40-22 testing method. If the applicant takes that part of the
40-23 examination in writing in addition to another testing method, the
40-24 applicant is considered to have passed that part of the examination
40-25 if the applicant passes either version. The Department shall
40-26 inform each person taking the examination of the person's rights
40-27 under this subsection.
41-1 SECTION 27. Subsection (c), Section 12, Chapter 173, Acts of
41-2 the 47th Legislature, Regular Session, 1941 (Article 6687b,
41-3 Vernon's Texas Civil Statutes), is amended to read as follows:
41-4 (c) The Department or a driver education school licensed
41-5 under the Texas Driver and Traffic Safety Education Act (Article
41-6 4413(29c), Vernon's Texas Civil Statutes) may issue an instruction
41-7 permit without photograph to any person fifteen (15) years of age
41-8 or older but younger than eighteen (18) years of age who has
41-9 satisfactorily completed and passed the classroom phase of an
41-10 approved driver education course, which may be a course approved
41-11 under Section 7A of this Act, has obtained a high school diploma or
41-12 its equivalent or is a student enrolled in a public, home, or
41-13 private school who attended school for at least 80 days in the fall
41-14 or spring semester preceding the date of application, or has been
41-15 enrolled for at least 45 days, and is currently enrolled, in a
41-16 program to prepare persons to pass the high school equivalency
41-17 exam, and who has successfully passed all parts of the driver
41-18 examination required in Section 10 of this Act other than the
41-19 driving test. The Department may issue an instruction permit
41-20 without photograph to any person eighteen (18) years of age or
41-21 older who has successfully passed all parts of the driver
41-22 examination required in Section 10 of this Act other than the
41-23 driving test. A driver education school may issue an instruction
41-24 permit without photograph to any person eighteen (18) years of age
41-25 or older who has successfully completed and passed a Central
41-26 Education Agency approved six-hour adult classroom driver education
41-27 course and successfully passed all parts of the driver examination
42-1 required in Section 10 of this Act other than the driving test. The
42-2 instruction permit shall entitle the applicant while having the
42-3 permit in his immediate possession to drive a type or general class
42-4 of motor vehicle upon the public highways when accompanied by a
42-5 licensed driver, whose license qualifies him to operate that type
42-6 or general class of vehicle, who is at least eighteen (18) years of
42-7 age, who has at least one (1) year of driving experience, and who
42-8 is occupying a seat by the driver.
42-9 SECTION 28. Section 143A, Uniform Act Regulating Traffic on
42-10 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
42-11 by amending Subsections (a) and (d) and by adding Subsections (h),
42-12 (i), (j), (k), and (l) to read as follows:
42-13 (a) When a person is charged with a misdemeanor offense
42-14 under this Act, other than a violation of Section 39, 40, 51, 104,
42-15 or 186 or a serious traffic violation as defined in Section 3(26),
42-16 Texas Commercial Driver's License Act (Article 6687b-2, Revised
42-17 Statutes), committed while operating a motor vehicle, the defendant
42-18 shall be advised by the court of his right to successfully complete
42-19 a driving safety course and the court:
42-20 (1) in its discretion may defer proceedings and allow
42-21 the person 90 days to take a driving safety course approved by the
42-22 Central Education Agency and 30 additional days to present a
42-23 uniform certificate of course completion as 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); or
43-1 (2) shall defer proceedings and allow the person 90
43-2 days to take a driving safety course approved by the Central
43-3 Education Agency and 30 additional days to present a uniform
43-4 certificate of course completion as written evidence that,
43-5 subsequent to the alleged act, the person has successfully
43-6 completed a driving safety course approved under the Texas Driver
43-7 and Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
43-8 Civil Statutes), if:
43-9 (A) the person enters a plea in person or in
43-10 writing of No Contest or Guilty and presents to the court an oral
43-11 request or a written request, in person or by mail postmarked on or
43-12 before the answer date on the citation, to take a course;
43-13 (B) the court enters judgment on the person's
43-14 plea of No Contest or Guilty at the time the plea is made but
43-15 defers imposition of the judgment for 90 days;
43-16 (C) the person has a valid Texas driver's
43-17 license or permit;
43-18 (D) the person's driving record as maintained by
43-19 the Texas Department of Public Safety does not indicate successful
43-20 completion of a driving safety course under this subdivision within
43-21 the one year immediately preceding the date of the alleged offense;
43-22 (E) the person files an affidavit with the court
43-23 stating that the person is not in the process of taking a course
43-24 under this subdivision and has not completed a course under this
43-25 subdivision that is not yet reflected on the person's driving
43-26 record;
43-27 (F) the offense charged is for an offense
44-1 covered by this section other than speeding 25 miles per hour or
44-2 more over the posted speed limit at the place where the alleged
44-3 offense occurred; and
44-4 (G) the person provides proof of financial
44-5 responsibility as required by Section 1A, Texas Motor Vehicle
44-6 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
44-7 Statutes).
44-8 (d) The State Board of Education shall enter into a
44-9 memorandum of understanding with the State Board of Insurance for
44-10 the interagency development of a curriculum for driving safety
44-11 courses. The Central Education Agency shall adopt and administer
44-12 comprehensive rules governing driving safety courses <adopted by
44-13 the State Board of Education> and <the board shall> place on file
44-14 such rules with the secretary of state.
44-15 (h) An issued uniform certificate of completion shall be
44-16 mailed to the student not later than the 15th working day after the
44-17 date of completion of an approved driving safety course only by the
44-18 course provider or authorized personnel at the course provider's
44-19 facilities.
44-20 (i) Data identified by the agency pertaining to issued
44-21 uniform certificates of completion must be submitted electronically
44-22 by each course provider to the agency in a manner determined by the
44-23 agency.
44-24 (j) Duplicate uniform certificates of completion shall be
44-25 issued by the agency. An appropriate fee for issuing duplicate
44-26 certificates shall be determined by board rule.
44-27 (k) The agency shall investigate options to develop and
45-1 implement procedures to provide information pertaining to driving
45-2 safety courses by electronic transmission to the state municipal
45-3 and justice courts.
45-4 (l) A driving safety course may not be provided to a student
45-5 for a cost less than $25.
45-6 SECTION 29. Subsections (f) and (g), Section 143A, as added
45-7 by Chapters 156 and 813, Acts of the 71st Legislature, Regular
45-8 Session, 1989, Uniform Act Regulating Traffic on Highways (Article
45-9 6701d, Vernon's Texas Civil Statutes), are amended to read as
45-10 follows:
45-11 (f) The agency by rule shall provide for the design and
45-12 distribution of the uniform certificate of course completion in a
45-13 manner that to the greatest extent possible prevents the
45-14 unauthorized production or misuse of the certificate <shall be
45-15 printed on copy-resistant paper in not fewer than two self-copying
45-16 parts to provide a control copy of the certificate that shall be
45-17 retained by the course provider under rules adopted by the State
45-18 Board of Education>. Each certificate <may not be more than 8 1/2
45-19 inches by 3 1/2 inches in size and> shall include an identifying
45-20 number by which the Central Education Agency, the court, or the
45-21 department may verify its authenticity with the course provider.
45-22 The certificate shall be in a form promulgated by the Central
45-23 Education Agency.
45-24 (g) The Central Education Agency shall print and supply the
45-25 serially numbered uniform certificates to licensed course providers
45-26 <owners or primary consignees> of courses approved under the Texas
45-27 Driver and Traffic Safety Education Act (Article 4413(29c),
46-1 Vernon's Texas Civil Statutes). The Central Education Agency may
46-2 charge a fee not to exceed $4 <of $1> for each certificate. A
46-3 course provider shall <An owner or consignee may not> charge an
46-4 operator a fee equal to <in excess of> the fee paid to the agency
46-5 for a certificate. The agency shall deposit the fees with the
46-6 state treasurer to be used only for the expense of supplying the
46-7 certificates, payments of monetary awards for information
46-8 concerning abuse of the certificates that leads to the conviction
46-9 or removal of an approval, license, or authorization, and
46-10 administering the Texas Driver and Traffic Safety Education Act
46-11 (Article 4413(29c), Vernon's Texas Civil Statutes). The course
46-12 provider shall charge and retain a user fee of not less than $3 a
46-13 student for the use of course materials, oversight, and
46-14 administration of the course.
46-15 SECTION 30. Chapter 173, Acts of the 47th Legislature,
46-16 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
46-17 Statutes), is amended by adding Section 7A to read as follows:
46-18 Sec. 7A. DEPARTMENT-APPROVED COURSES. (a) The Department
46-19 by rule shall provide for approval of a driver training course
46-20 given by the parent or legal guardian of a person who is required
46-21 to complete successfully a driver training course to obtain a Class
46-22 C license. The rules must provide that:
46-23 (1) the parent or guardian be a licensed driver;
46-24 (2) the student driver spend a minimum number of hours
46-25 in:
46-26 (A) classroom instruction; and
46-27 (B) behind-the-wheel instruction;
47-1 (3) the parent or guardian not be convicted of:
47-2 (A) criminally negligent homicide; or
47-3 (B) driving while intoxicated; and
47-4 (4) the parent or guardian not be disabled because of
47-5 mental illness.
47-6 (b) The Department may not approve a course unless it
47-7 determines that the course materials are at least equal to those
47-8 required in a course approved by the Central Education Agency,
47-9 except that the Department may not require that:
47-10 (1) the classroom instruction be provided in a room
47-11 having particular characteristics or equipment; or
47-12 (2) the vehicle used for the behind-the-wheel
47-13 instruction have equipment other than the equipment otherwise
47-14 required by law for operation of the vehicle on a highway while the
47-15 vehicle is not being used for driver training.
47-16 (c) The rules must provide a method by which:
47-17 (1) approval of a course is obtained; and
47-18 (2) an applicant submits proof of completion of the
47-19 course.
47-20 (d) Completion of a driver training course approved under
47-21 this section has the same effect under this Act as completion of a
47-22 driver training course approved by the Central Education Agency.
47-23 SECTION 31. Subdivision (2), Subsection (d), Section 12,
47-24 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
47-25 (Article 6687b, Vernon's Texas Civil Statutes), is amended to read
47-26 as follows:
47-27 (2) An applicant for a license under this subsection
48-1 must:
48-2 (A) be at least fifteen (15) years of age;
48-3 (B) satisfactorily complete and pass a driver
48-4 training course approved by the Department, which may be a course
48-5 approved under Section 7A of this Act; and
48-6 (C) pass the examination required by Section 10
48-7 or 10A of this Act.
48-8 SECTION 32. (a) This Act takes effect September 1, 1995. A
48-9 change in law made by this Act applies only to an offense committed
48-10 on or after that date. For purposes of this section, an offense
48-11 was committed before September 1, 1995, if any element of the
48-12 offense occurred before that date. An offense committed before
48-13 September 1, 1995, is covered by the law in effect when the offense
48-14 was committed, and the former law is continued in effect for that
48-15 purpose.
48-16 (b) Notwithstanding Paragraph (G), Subdivision (1),
48-17 Subsection (b), Section 13, Texas Driver and Traffic Safety
48-18 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
48-19 as amended by this Act, a driving safety course approved before the
48-20 effective date of this Act by the Central Education Agency is not
48-21 required to be reapproved after the effective date of this Act, and
48-22 no fee is owed in relation to approval of the course unless the fee
48-23 became due before the effective date of this Act.
48-24 SECTION 33. The importance of this legislation and the
48-25 crowded condition of the calendars in both houses create an
48-26 emergency and an imperative public necessity that the
48-27 constitutional rule requiring bills to be read on three several
49-1 days in each house be suspended, and this rule is hereby suspended.