JWW H.B. 1255 75(R)BILL ANALYSIS


PUBLIC SAFETY
H.B. 1255
By: Oakley
3-26-97
Committee Report (Unamended)



BACKGROUND 

Since 1945 Texas has required a first-time drivers license applicant to
pass an approved driver training course before applying for a Texas
drivers license.  The curriculum for the driver training courses was
initially developed by the Department of Public Safety and the Texas
Education Agency. The Texas Education Agency, through statute, continues
to be responsible for approving drivers education courses in Texas.  

First time drivers license applicants who have successfully completed an
approved drivers education program have an in-the-car driving test failure
rate of less than 3%.  The quality and success of the drivers education
courses in Texas led the Texas Department of Public Safety to discontinue
the in-the-car driving test June 1, 1992.  

 In an effort to allow home school teachers to teach their students how to
drive, an amendment was introduced and passed on the house floor during
the 74th session of the Texas Legislature. As a result, not only home
school parents but any parent or guardian can now pay an estimated $20.00,
receive a drivers training course in the mail, and then certify their
child as being able to drive on the public roads and interstates. The
Texas Department of Public Safety, after implementing a vision test and a
written test, then issues the student a Texas state drivers license (no
in-the-car driving test). 
    
PURPOSE

This bill will delete language in the Transportation Code that allows
parents or guardians to approve a child for a drivers license.  Driver
education programs will be subject to the standards in effect prior to the
74th session of the legislature. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1 Section 521.204, Transportation Code is amended to remove the
department from   any reference regarding a driver's education course
under Section 521.205,   Transportation Code. 

SECTION 2 Section 521.205, Transportation is amended by deleting all
subsections after (a),   thus removing the subsection title (a).  Replaces
"by rule shall" with "may not".   States that the department is not
required to approve a drivers education course   taught by a parent or
guardian. 

SECTION 3 Section 521.222(a)(2), Transportation Code is amended by
removing all     references to a course taught under Section 521.205. 

SECTION 4 Section 521.223(b)(1), Transportation Code is amended by
removing all     references to a course taught under Section 521.205. 
 

SECTION 5  States that this bill complies with changes made in 1995 by the
74th Legislature,   Regular Session. 

SECTION 6 Any rules adopted by the department regarding driver education
courses taught   by a parent or guardian after the effective date will
have no effect. 

SECTION 7 Any change to the law made by this bill applies only to licenses
issued after the   effective date. 

SECTION 8 Emergency Clause.  States that the bill becomes effective once
passed.