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.