TWT H.B. 3249 75(R)BILL ANALYSIS TRANSPORTATION H.B. 3249 By: Hawley 5-12-97 Committee Report (Substituted) BACKGROUND During the 74th Legislative Session, Senate Bill 1 was passed which affected several areas of school bus transportation for public school children in Texas. First, S.B. 1 replaced the Texas Education Agency (TEA) with the Department of Public Safety (DPS) as the agency in charge of school bus driver eligibility requirements and and training. Second, public schools were given authority to purchase school buses through a direct competitive bidding process instead of being required to purchase through the General Services Commission (GSC). Third, the GSC was directed to establish safety standards for school motor vehicles, with the advice of the DPS. Fourth, criminal record checks for public school employees and volunteers were made discretionary, but for school bus drivers employed by a transportation contractor were made mandatory. PURPOSE The proposed legislation clarifies current laws affecting school bus transportation. The bill also proposes new legislation in several areas: _Requires criminal record history checks for all school bus drivers. _Consolidates this requirement in the Transportation Code with the "laundry list" of school bus driver eligibility requirements. _Clarifies the requirements regarding the driver history record and medical exam. _Includes definitions in the Education Code for clarity. _Creates a new statute for school bus crossing procedures at highway-rail grade crossings. _Clarifies the law regarding motorists passing school buses loading and unloading. _Provides the DPS with the sole authority to adopt safety standards for school buses and inspect school buses for compliance in order to maintain a minimum safety standard. _Requires school bus drivers to have their School Bus Driver Safety Education Certification Card in their possession while transporting students. RULEMAKING AUTHORITY It is the committee's opinion that this bill expressly grants additional rulemaking authority to the Texas Department of Public Safety (DPS) in Section 8 (Sec. 521.022 (e), Transportation Code), in Section 15 (Sec. 547.701 (d), Transportation Code), in Section 14 (Sec. 547.7015). SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 22.084, Education Code, as follows. (a) Makes conforming changes. (b) Makes conforming changes. Subsection (c) allows a commercial transportation company that contracts with a school district, open-enrollment charter school, private school, regional education service center, or shared services arrangement to provide transportation services to obtain criminal history record information on a person employed or intends to employ by that company as a bus driver, bus monitor, or bus aide. Subsection (d) prohibits employment of a person as a bus driver, monitor or aide without permission of appropriate authorities. SECTION 2. Amends Chapter 34, Education Code, by adding Sec. 34.0005. Defines (1) "commercial transportation company," (2) "mass transit authority," (3) "motor bus", (4) "motor bus company," (5) "passenger van", and (6) "school-chartered bus". SECTION 3. Amends Section 34.002, Education Code, by replacing the GSC with the DPS and the Texas Education Agency as the agencies to establish "safety standards for school buses" in accordance with Sec. 547.7015, Transportation Code. Each school district would be required to maintain their school buses in compliance with these safety standards. Prohibits districts whose buses don't meet these standards from sharing in the transportation allotment. SECTION 4. Amends Section 34.003, Education Code, as follows: (a) Makes non-substantive changes. (b) Clarifies which types of vehicles may be used to transport students in connection with school activities other than to and from school. (c) Adds reference to passenger vans. SECTION 5. Amends Section 34.004, Education Code, by clarifying that district rules on standing children also applies to "passenger vans". SECTION 6. Amends Section 34.008, Education Code, by clarifying the requirement that mass transit authorities and commercial transportation companies use "only those school buses in transporting public school students established by statute. Deletes outdated definition of transit authority in Subsection (d). SECTION 7. Amends Section 34.009(b), Education Code, by replacing a reference to Section 34.002 with the new Sec. 547.7015, Transportation Code, related to the authority for adopting and enforcing rules for safety standards for school buses. SECTION 8. Amends Section 521.022, Transportation Code, as follows. (a) Prohibits a person under 18 from operating a school bus while it is transporting students to or from school. (b) Prohibits a person under 18 from operating a school bus unless they have the appropriate license for the vehicle they are operating. (c) Clarifies that the DPS has authority to approve the medical exam which drivers must pass in order to be employed as a bus driver. (d) Clarifies that the driver's license check shall be made annually and must be acceptable according to minimum standards developed solely by the DPS. Requires an annual driving record check by the DPS. (e) Requires the school bus operator to have the "School Bus Safety Education Certification Card" in his possession and gives the DPS authority to approve the course. The course certification is valid for three calendar years. (f) Consolidates Sec. 22.084, Education Code, with this section. Currently 22.084 requires criminal history record checks on all school bus drivers hired by a contractor to transport students. This proposal requires criminal history checks to be made for new school bus drivers hired directly by the school district also. Remaining subsections re-lettered accordingly. SECTION 9. Amends Subchapter B, Chapter 521, Transportation Code by adding Section 521.0225. (a) Requires school bus drivers have their "School Bus Driver Safety Education Certification Card" in their possession while they are transporting students on a school bus. Requires persons enrolled in a bus safety education class to hold an enrollment card. Such a person must: (1) have the certification or enrollment card while transporting students on a bus; and (2) display either the certification or enrollment card on demand of a court or peace officer. (b) Police officers would be authorized to stop a person to determine if they were carrying their certification card. This section mirrors the driver's license statute requirements and penalties for violations. (c) A person who violations (a) commits an offense. The penalty is a misdemeanor punishable by a fine not to exceed $200, unless the offense occurred before the first anniversary of a previous conviction for the same offense. If that occurs, the offense is a misdemeanor punishable by: (1) a fine of not less than $25 or more than $200 for a second time offense; or (2) not less than $25 or more than 500 for a third or subsequent offenses. (d) Provides a defense to prosecution if the person presents in court a school bus safety education certification or enrollment card issued to the person which was valid at the time of the alleged offense. (e) Requires a judge to report promptly to the DPS each conviction obtained in the judge's court under this section. SECTION 10. Amends Sections 541.201(3), (12) and (15), Transportation Code, as follows. (3) Clarifies the definitions of a "bus" and a (12) "passenger car" by including a reference to the operator in the definition. Subsection (15) provides a new definition of a "school bus". SECTION 11. Amends Section 545.066, Transportation Code, by amending Subsection (a) and adding Subsection (f). (a) Substitutes the word "student" for "schoolchild". (f) Defines a "separate roadway" to clarify when a motorist is not required to stop for a school bus loading and unloading. SECTION 12. Amends Section 545.253, Transportation Code, by deleting "school buses" from this section which would require motor buses carrying passengers for hire to stop before a railroad grade crossing at certain times. SECTION 13. Amends Subchapter F, Chapter 545, Transportation Code, by adding Section 545.2535, which adopts the same language as the Federal Motor Carrier Safety Regulation which requires a bus carrying passengers to stop at all railroad grade crossings prior to traveling across. This section limits the exceptions to railroad tracks out of service. SECTION 14. Amends Subchapter I, Chapter 545, Transportation Code, by adding Section 545.424. (a) Applies only to school bus or to a bus used to transport students. (b) Requires that baggage or other items transported in the passenger compartment of the bus must be stored so the aisles, doors and emergency exits remain accessible while the bus is transporting the students. SECTION 15. Amends Section 547.701, Transportation Code, as follows. Amends Subsection (b) by replacing the reference to Section 11.12, Education Code, with Section 547.7015, Transportation Code, which will be the authority for adopting and enforcing rules regarding safety standards for school buses and require a school bus driver to operate all safety equipment installed on the school bus only when loading or unloading students. Adds new Subsection (c) requiring school bus drivers to activate all flashing warning signal lights and other equipment when a bus is being or has stopped on a highway to let students get on or off the bus. Prohibits using the warning lights and equipment excepted when a bus is stopped to load or unload students. Deletes Subsection (c) of current law stating when warning lights must be activated. Adds Subsection (d) to prohibit advertising on the exterior body of a school bus unless the advertising complied with minimum standards adopted by the DPS regarding size and location of advertising. Non-complying vehicles would be taken out-of-service until in compliance. SECTION 16. Amends Subchapter L, Chapter 547, Transportation Code, by adding Section 547.7015. (a) Gives the DPS, with the advice of the GSC and TEA, rulemaking authority regarding safety standards for school buses: (1) owned and operated by a Texas school district; or (2) owned privately contracting with a district. (b) Requires the DPS rules to emphasize safety and long-range, maintenance-free factors. (c) Rules apply to school districts, officers and employees of the district, and contract employees of the district; and must by reference be made a part of every transportation contract. (d) Requires school buses to meet the safety standards adopted by the DPS and provide the DPS with the authority to inspect and enforce compliance of the safety standards by putting the school buses out-of-service until compliance is reached SECTION 17. Amends Section 411.097, Government Code, by including commercial transportation companies in the list of entities that are allowed to request criminal history records for applicants and employed school bus drivers. Maintains same confidentiality, procedure, and cost requirements. SECTION 18. (a) Conforms this Act, including any substantive changes, to the Transportation Code changes in law made by Sections 55 and 56, Chapter 260 and Section 25, Chapter 1009, Acts of the 74th Legislature, Regular Session, 1995. (b) This Act will prevail over another Act of the 75th Legislature, relating to nonsubstantive additions and corrections in enacted codes. SECTION 19. Effective Date -- September 1, 1997. SECTION 20. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1. The substitute adds a new Section 1, which was not included in the original. Subsection (c) of the substitute allows a commercial transportation company that contracts with a school district, open-enrollment charter school, private school, regional education service center, or shared services arrangement to provide transportation services to obtain criminal history record information on a person employed or intends to employ by that company as a bus driver, bus monitor, or bus aide. Subsection (d) of the substitute prohibits employment of a person as a bus driver, monitor or aide without permission of appropriate authorities. SECTION 2. The substitute moves Section 1 of the original to Section 2 of the substitute. The definition of "commercial transportation company" in Subsection (1) of the substitute clarifies that these companies have "long-term" contracts with school districts to transport students. The substitute adds a new Subsection (3) defining a "motor bus", which was not included in the original. Subsection (4) of the substitute changes the definition of a "motor bus company" to include "Texas Department of Transportation" in the list of exempt entities. This was not included in the original. The substitute adds a new Subsection (5) defining "passenger van", which was not included in the original. The substitute moves the definition of "school-chartered bus" from Subsection (4) of the original to Subsection (6). The substitute deletes the definition contained in the original and adds a new definition in the substitute. SECTION 3. The substitute moves Section 2 of the original to Section 3 of the substitute. The substitute amends Subsection (a) to include "with the advice of the General Services Commission and the Texas Education Agency", which was not included in the original. Makes non-substantive change to Subsection (c) not contained in the original. SECTION 4. The substitute moves Section 3 of the original to Section 4 of the substitute. The substitute makes non-substantive change to Subsection (a) not contained in the original. The substitute amends Subsection (b) to allow passenger vans to be used to transport students on schoolrelated activities and requires students transported in passenger cars and vans to use seat belts. The original clarified which types of buses may be used to transport students on school-related activity trips, including school buses, school-chartered buses from MTAs or motor bus companies, or district-owned buses meeting the safety standards of the Federal Motor Carrier Safety Regulations. Section 4 of the original was moved to Section 6 of the substitute. SECTION 5. Section 5 of the substitute was not included in the original. The substitute clarifies that district rules on standing children also applies to "passenger vans". SECTION 6. Section 6 of the substitute was Section 4 of the original. The substitute clarifies safety standards for mass transit and commercial transit buses as "established under Section 547.7015, Transportation Code". SECTION 7. The substitute moves Section 5 of the original to Section 7 of the substitute. SECTION 8. The substitute moves Section 6 of the original to Section 8 of the substitute. The substitute deletes "a motor vehicle while that vehicle is in use as" from all subsections contained in the original. The substitute amends Subsection (a) to broaden scope requiring operator to meet age requirements when transporting students. The substitute clarifies driver's license requirement under Subsection (b). The substitute amends Subsection (c) to require school bus operators to meet department rules regarding mental and physical requirements when transporting students. The substitute clarifies Subsection (d) regarding the annual driver's license record check. It also makes non-substantive changes to Subsection (e). The substitute amends Subsection (g) by deleting reference to hearing-impaired "persons" in the original and replaces it with hearing-impaired "students". SECTION 9. The substitute moves Section 7 of the original to Section 9 of the substitute. The substitute clarifies conditions regarding when a school bus operator must hold a safety education certification card or an enrollment card in Subsections (a) and (b). Makes non-substantive changes to penalties in Subsection (c). The substitute expands the defense to prosecution in Subsection (d) of the original to include proof of an "enrollment card". SECTION 10. The substitute moves Section 8 of the original to Section 10 of the substitute. The substitute amends the definition of a school bus in Subsection (15) to include "bus designed to transport more than 15 passengers, including the operator". SECTION 11. The substitute moves Section 9 of the original to Section 11 of the substitute. SECTION 12. The substitute moves Section 10 of the original to Section 12 of the substitute. SECTION 13. The substitute moves Section 11 of the original to Section 13 of the substitute. The substitute amends Subsection (c)(1) of the original by deleting "indicating that the rail line is abandoned" and replaces with "reading 'tracks out of service". SECTION 14. The substitute moves Section 12 of the original to Section 14 of the substitute. Subsection (a) of the substitute deletes "designed to transport more than 10 but less than 16 passengers, including the operator," contained in the original. SECTION 15. The substitute moves Section 13 of the original to Section 15 of the substitute. The substitute "alight from" with "exit" in Subsection (c) of the original. The substitute requires activation of all flashing warning signal lights and other warning equipment on the school bus when stopping to load or unload children. This provision was not included in the original. SECTION 16. The substitute moves Section 14 of the original to Section 16 of the substitute. The substitute adds the General Services Commission and the Texas Education Agency in advisory roles to adopt safety standards for school buses governing the design, color, lighting and other equipment, construction, and operation. No similar provision was contained in the original. SECTION 17. Section 17 of the substitute is entirely new and was not contained in the original. SECTION 18. The substitute moves Section 15 of the original to Section 18 of the substitute. SECTION 19. The substitute moves Section 16 of the original to Section 19 of the substitute. SECTION 20. The substitute moves Section 17 of the original to Section 20 of the substitute.