SRC-CDH, JFA, SLL C.S.H.B. 3249 75(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 3249
By: Hawley (Luna)
Education
5-18-97
Committee Report (Substituted)


DIGEST 

S.B. 1, enacted during the 74th Legislative Session, affected several
areas of school bus transportation for public school children in Texas.
This bill replaced the Texas Education Agency with the Texas Department of
Public Safety (DPS) as the agency in charge of school bus driver
eligibility requirements and training, and  granted public schools the
authority to purchase school buses through a direct competitive bidding
process instead of being required to purchase them through the General
Services Commission (GSC).  In addition, GSC was directed to establish
safety standards for school motor vehicles with the advice of DPS.
Finally, criminal record checks for public school employees and volunteers
were made discretionary, but criminal record checks were made mandatory
for school bus drivers employed by a transportation contractor.   

C.S.H.B. 3249 clarifies current laws affecting school bus transportation.
This legislation requires criminal record checks for all school bus
drivers; clarifies the requirements regarding the driver history record
and exam; creates a new statute for school bus crossing procedures at
highway-rail grade crossings; and clarifies the law regarding motorists
passing school buses loading and unloading. 

PURPOSE

As proposed, C.S.H.B. 3249 establishes provisions regarding school buses;
and provides penalties. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Department of Public Safety
in SECTIONS 6 and 11 (Sections 521.022(c) and 547.701(d), Transportation
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 22.084, Education Code, as follows:

Sec. 22.084.  New heading:  ACCESS TO CRIMINAL HISTORY RECORDS OF SCHOOL
BUS DRIVERS, BUS MONITORS, AND BUS AIDES.  Authorizes a commercial
transportation company that contracts with certain entities to provide
transportation services to obtain from any law enforcement or criminal
justice agency all criminal history record information that relates to a
person employed by the company as a bus driver, bus monitor, or bus aide;
or the person the company intends to employ as such.  Prohibits a company
from employing a person to drive or to serve as a bus monitor or bus aide
without the permission of certain entities if the company obtains
information that a person employed or to be employed by the company has
been convicted of a felony or misdemeanor involving moral turpitude, with
certain exceptions.  Makes conforming changes. 

SECTION 2. Amends Section 34.002, Education Code, to require the Texas
Department of Public Safety (DPS), with the advice of the General Services
Commission (GSC) and the Texas Education Agency (TEA), to establish safety
standards for school buses, rather than motor vehicles, used to transport
students in accordance with Section 547.7015, Transportation Code, rather
than Section 105, Article 6701d, V.T.C.S.  Requires each school district
to meet or exceed the safety standards for school buses established under
Subsection (a).  Deletes existing text requiring the school district to
comply with the safety standard for motor vehicles established by GSC.
Makes conforming  changes. 

SECTION 3. Amends Section 34.003, Education Code, to require school buses
or mass transit authority motor buses to be used for the transportation of
students to and from schools on routes, rather than school bus routes,
having 10 or more students.  Provides that to transport students in
connection with school activities other than on routes to and from school,
only school buses or motor buses may be used to transport 15, rather than
10, or more students in any one vehicle; and passenger cars or vans may be
used to transport fewer than 15, rather than 10, students.  Makes a
conforming change. 

SECTION 4. Amends Section 34.008, Education Code, to authorize a board of
county school trustees or school district board of trustees to contract
with a mass transit authority or a commercial transportation company for
all or any part of a district's public school transportation if the
authority or company requires its school bus drivers to have certain
qualifications and uses only certain school buses or mass transit
authority buses.  Requires a mass transit authority, rather than a transit
authority or a commercial transportation company, contracting under this
section for daily transportation of certain students, to conduct certain
educational programs.  Deletes the definition for "transit authority." 

SECTION 5. Amends Section 34.009(b), Education Code, to require a school
bus that is leased or leased with an option to purchase to meet or exceed
the safety standards for school buses established under Section 547.7015,
Transportation Code, rather than Section 34.002, Education Code. 

SECTION 6. Amends Section 521.022, Transportation Code, to prohibit a
person under 18 years of age from operating a school bus for the
transportation of students.  Provides that a person who is under 18 years
or older from operating a school bus unless the person holds an
appropriate class of driver's license, for the vehicle being operated.
Prohibits a person from operating a school bus for the transportation of
students unless the person meets the mental and physical requirements that
the (DPS) establishes, by rule, and has passed an examination approved by
the department.  Prohibits a person from operating a school bus for the
transportation of students unless the person's driving record is
acceptable according to minimum standards adopted by DPS.  Requires a
check of the person's driving record to be made with the department
annually.  Prohibits a person from operating a school bus for the
transportation of students unless the person is certified in school bus
safety education or has enrolled in a school bus safety education class
under provisions adopted by the department.  Requires a school bus
operator to hold a card, rather than certificate, effective on the date
and under provisions determined by DPS, rather than the State Board of
Education.  Requires an employer, before a person is employed to operate a
school bus to transport students, to obtain a criminal history record
check.  Prohibits certain persons that obtain information that a person
has been convicted of a felony or misdemeanor involving moral turpitude
from employing the person to drive a school bus on which students are
transported unless the employment is approved by the board of trustees of
the school district or the board's designee.  Defines "commercial
transportation company."  Make conforming and nonsubstantive changes. 

SECTION 7. Amends Sections 541.201(3), (12), and (15), to redefine "bus,"
"passenger car," and "school bus." 

SECTION 8. Amends Section 545.066, Transportation Code, by amending
Subsection (a) and adding Subsection (f), to provide that for purposes of
this section a highway is considered to have separate roadways only if the
highway has roadways separated by an intervening space on which operation
of vehicles is not permitted, a physical barrier, or a clearly indicated
dividing section constructed to impede vehicular traffic; and a highway is
not considered to have separate roadways if the highway has roadways
separated only by a left turn lane.  Makes a conforming change. 

SECTION 9. Amends Section 545.253(a), Transportation Code, to make a
conforming change. 

SECTION 10. Amends Chapter 545F, Transportation Code, by adding Section
545.2535, as follows: 

Sec.  545.2535.  SCHOOL BUSES TO STOP AT ALL RAILROAD GRADE CROSSINGS.
Sets forth regulations requiring school buses to stop at all railroad
grade crossings. 
 
SECTION 11. Amends Section 547.701, Transportation Code, by amending
Subsections (b) and (c) and adding Subsection (d), as follows: 

(b)  Authorizes a school bus to be equipped with, rooftop warning lamps
that conform to and are placed on the bus in accordance with
specifications adopted under Section 547.7015, rather than Section 11.12,
Education Code; among other requirements.  Makes conforming and
nonsubstantive changes.   

(c)  Requires the operator of the bus, when a school bus is being stopped
or is stopped on a highway to permit students to board or exit the bus, to
activate all flashing warning signal lights and other equipment on the bus
designated to warn other drivers that the bus is stopping to load or
unload children.  Prohibits a person from operating such a light or other
equipment except when the bus is being stopped or is stopped on a highway
to permit students to board or exit the bus.  Deletes existing Subsection
(c), relating to the activation of certain warning equipment by the bus
operator.   

(d)  Prohibits the exterior of a school bus from bearing advertising or
another paid announcement directed at the public if the advertising or
announcement distracts from the effectiveness of required safety warning
equipment.  Requires DPS to adopt rules to implement this subsection.
Provides that a school bus that violates this section or rules adopted
under this section to be placed out of service until it complies.   

SECTION 12. Amends Section 411.097, Government Code, as follows:

Sec. 411.097.  New heading:  ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION:  SCHOOL DISTRICT, CHARTER SCHOOL, PRIVATE SCHOOL, REGIONAL
EDUCATION SERVICE CENTER, COMMERCIAL TRANSPORTATION COMPANY, OR EDUCATION
SHARED SERVICES ARRANGEMENT.  (a)  Provides that a commercial
transportation company, among others, is entitled to obtain from DPS
criminal history record information maintained by DPS that the district,
school, service center, or shared services arrangement is required or
authorized to obtain under Chapter 22C, Education Code, that relates to a
certain person, among others, who is employed or is seeking employment as
a bus monitor aid one a bus in which students are transported.  Makes
conforming changes.  

SECTION 13. (a)  Provides that in addition to the substantive changes in
law made by this Act, this Act conforms the Transportation Code to 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)  Provides that to the extent of any conflict, this Act prevails over
another Act of the 75th Legislature, Regular Session, 1997, relating to
nonsubstantive additions to and corrections in enacted codes.  

SECTION 14. Effective date: September 1, 1997.

SECTION 15. Emergency clause.     

SUMMARY OF COMMITTEE CHANGES

Deletes proposed SECTION 2, which defines various terms.

SECTION 3. 

Amends Section 34.003, Education Code, to require school buses or mass
transit authority motor buses to be used for the transportation of
students to and from schools on routes having 10 or more students.   

Deletes proposed SECTION 5, which prohibits a school district from
requiring or allowing a child  to stand on a school bus or passenger van
that is in motion.  

SECTION 4. 

Amends Section 34.008, Education Code, to authorize certain boards of
trustees to contract with certain transit authorities or transportation
companies if the authority or company uses only those school buses or mass
transit authority buses in transporting 15 or more, rather than 10 or
more, students.   

Deletes proposed SECTION 9, which requires a person required to be
certified in school bus safety education to hold a school bus safety
education certification card.   

Deletes proposed SECTION 14, which requires baggage or other items
transported in the passenger compartment of a bus to be stored so that the
bus aisles remain clear and the emergency exit doors remain accessible.   

Deletes proposed SECTION 16, which requires DPS, with the advice of GSC
and TEA, to adopt and enforce rules regarding safety standards for school
buses.