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.