JWW S.B. 255 75(R)BILL ANALYSIS


PUBLIC SAFETY
S.B. 255
By: Harris (Williamson)
5-6-97
Committee Report (Amended)

BACKGROUND 

Currently, Texans can attend driver education school in certain designated
locations, which include public school districts and private sector driver
education schools.  The public school district and private sector driver
education schools in Texas use the same classroom and in-car curriculum
but each is regulated respectively by different statutory standards.  This
bill creates a uniform set of standards and eliminates any discrepancies. 
  
PURPOSE

This bill provides specific regulations for driver's training courses and
certificates issued on completion of such courses. 

RULEMAKING AUTHORITY

SECTION 5.  Rulemaking authority is granted to the Texas Education Agency
in SECTION 5 in Section  13(b)(6), Article 4413(29c), V.T.C.S. 

SECTION 9.  Rulemaking authority is granted to the Texas Education Agency
in Section 521.2221, Transportation Code. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 3(21), Article 4413(29c), V.T.C.S. (Texas Driver
and Traffic Safety Education Act), to redefine "driving safety school."    

SECTION 2. Amends Section 4, Article 4413(29c), V.T.C.S., by adding
Subsection (c), to authorize the Texas Education Agency (agency) to employ
personnel as necessary to administer this Act.  Provides that the agency
is exempt from the limitations created under Chapter 654, Government Code,
and any other law providing for a limitation on the number of employees
employed by the agency to the extent necessary to administer this Act. 

SECTION 3. Amends Section 9A, Article 4413(29c), V.T.C.S., as follows:

(a) Requires the agency to print and supply to licensed driver education
schools and public school districts serially numbered driver education
certificates to be used for certifying completion of an approved driver
education course for the purposes of Section 521.204, Transportation Code.
Authorizes the agency to charge a fee of not more than $6, rather than $4,
for each certificate.   

(b) Requires the agency to establish a database that contains specified
information that shall be available electronically to the Department of
Public Safety (department).  Sets forth the required information for each
driver education certificate.   

(c) Requires each driver education school and public school to submit
electronically to the agency certain information determined by the agency
with regard to driver education certificates.  Makes conforming and
standard recodification changes.    

(d) The commissioner may waive the requirements of Subsection (c) for a
public school district if the commissioner determines that the
implementation of that provision would result in a substantial hardship to
the school district. 
 
SECTION 4. Amends Section 12(a), Article 4413(29c), V.T.C.S., to require a
private school, driver education school, or driving safety school to make
written application to the commissioner of education for a driver
education or driving safety school license (commissioner). 

SECTION 5. Amends Sections 13(b)(1), (2) and (6), Article 4413(29c),
V.T.C.S., to require license, application, and registration fees to be
collected by the commissioner and  deposited with the comptroller, rather
than state treasurer. Creates Paragraph (2)(A) from existing text and adds
Paragraph (2)(B), to authorize the commissioner to waive the driver
education school and driver education instructor licensing requirements
for a driver education instructor described by this subdivision.  Provides
that a waiver under this paragraph is valid for not more than one year and
may be granted to a driver education instructor on only one occasion.
Requires fees collected under this subsection to be deposited in the Texas
Driver and Traffic Safety Education Account, rather than the state
treasury in a special account, in the General Revenue Fund. Deletes a
provision authorizing money in the account to be appropriated only for
certain purposes and administered under certain sections.  Requires the
agency to adopt rules and establish sufficient fees to cover the costs of
administering this Act.  Makes a standard recodification change. 

SECTION 6. Amends Article 4413(29c), V.T.C.S., by adding Section 16A, as
follows: 

Sec.  16A.  SUBPOENAS.  Authorizes the commissioner of education to issue
a subpoena or subpoena duces tecum for certain purposes.  Provides that
failure to timely comply with a subpoena issued is a ground for
disciplinary action by the agency and a ground for the denial of a license
application. 

SECTION 7. Amends Section 25(c), Article 4413(29c), V.T.C.S., to require
the peer review team to provide the agency with an objective assessment of
the policies and procedures of a school or course provider and an
assessment of the content of the school's or course provider's curriculum
and its application. 

SECTION 8. Amends Section 521.204, Transportation Code, to conform to
Section 25, Chapter 1009, Acts of the 74th Legislature, 1995.  Authorizes
the department to issue a Class C driver's license to an applicant under
18 years of age only of the applicant has submitted to the department a
driver education certificate issued under Section 9A, Article 4413(29c),
V.T.C.S., that states that the person has completed and passed a driver
education, rather than training, course approved by the department under
Section 521.205 or by the agency; or is a student in a certain school who
attended school for at least 90 percent of the days class was offered  in
the fall or spring semester preceding the date of the driver's license
application, among other qualifications.   

SECTION 9. Amends Chapter 521K, Transportation Code, by adding Section
521.2221, as follows: 

Sec.  521.2221.  TEMPORARY INSTRUCTION PERMIT.  Authorizes a licensed
driver education school or public school district to issue, as an
instruction permit under Section 521.222, the certificate obtained by the
school for the person to whom it is issued from the agency under Section
9A, Article 4413(29c), V.T.C.S., or a part of that certificate as the
agency, by rule, provides. Provides that the certificate or part of the
certificate expires as an instruction permit on the 31st day after the
date the certificate is issued as a permit.  Authorizes the holder of a
temporary instruction permit issued under Subsection (a), in addition to
the other requirements under Section 521.222, to only operate a motor
vehicle on a highway while accompanied by a person who possesses certain
qualifications and is occupying the seat by  the operator, who is the
permit holder's parent or legal guardian, or a licensed driver education
instructor. 

SECTION 10. Amends Section 29.902, Education Code, as follows:

(a)  Requires the agency to develop a program of organized instruction in
driver education and traffic safety for public school students that is
consistent with Article 4413(29c), V.T.C.S.   

(b) Requires the agency to establish standards consistent with Article
4413(29c), V.T.C.S., for the certification of certain personnel licensed
under Section 13(b)(1)(H) of that Act who conduct the programs in the
public schools.    
 
SECTION 11. This Act does not affect approval by the Department of Public
Safety of a driver training course given by a parent or legal guardian
under Section 7A, Chapter 173, Acts of the 47th Legislature, Regular
Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes), as added by
Section 30, Chapter 1009, Acts of the 74th Legislature, 1995. 

SECTION 12. (a) In addition to any substantive changes, this Act conforms
Section 521.204, Transportation Code to Section 25, Chapter 1009, Acts of
the 74th Legislature, 1995. 

(b) Repeals Section 25, Chapter 1009, Acts of the 74th Legislature.

(c) This act prevails over another Act of the 75th Legislature, Regular
Session, 1997, in the event of any conflict relating to non-substantive
additions and corrections enacted in codes. 

SECTION 13. Effective Date: September 1, 1997

SECTION 14. Emergency Clause.

EXPLANATION OF AMENDMENTS

Amendment #1 deletes SECTION 9 of the bill.