SRC-TNM S.B. 778 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 778
By: West
Education
4-21-97
As Filed


DIGEST 

Currently, the Texas Education Agency (TEA) deals with school districts on
a daily basis, attends meetings on school bus safety and transportation
requirements, and compiles information from school districts relating to
both student and bus safety.  School districts currently have the
authority to purchase buses themselves or through the General Services
Commission (GSC).  Although GSC's primary role is to assist school
districts with purchasing buses, there has been some concern as to whether
or not GSC has the authority to inspect a bus purchased by school
districts.  S.B. 778 would require TEA, with the advice of the Department
of Public Safety, to establish safety standards for school buses. 

PURPOSE

As proposed, S.B. 778 outlines provisions regarding safety standards for
school buses. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Education Agency under
SECTION 1 (Section 547.7015(a), Transportation Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 34.002(a) and (b), Education Code, to require
the Texas Education Agency (TEA), rather than the General Services
Commission, with the advice of the Department of Public Safety
(department), to establish safety standards for school buses, rather than
motor vehicles, used to transport students in accordance with Sections
547.701 and 547.7015, Transportation Code, rather than Section 105,
Article 6701d, V.T.C.S.  Makes conforming changes. 

SECTION 2. Amends Chapter 547L, Transportation Code, by adding Section
547.7015, as follows: 

Sec. 547.7015. RULES RELATING TO SCHOOL BUSES. Requires TEA, with the
advice of the department, to adopt and enforce rules governing the design,
color, lighting and other equipment, construction, and operation of a
school bus for the transportation of schoolchildren that is owned and
operated by a school district in this state or privately owned and
operated under a contract with a school district in this state.  Requires
TEA to emphasize safety features and long range, maintenance-free factors
in adopting rules under this section. Provides that rules adopted under
this section apply to each school district, the officers and employees of
a district, each person employed under contract by a school district, and
is required, by reference, to be made a part of any contract that is
entered into by a school district in this state for the transportation of
schoolchildren on a privately owned school bus.  

SECTION 3. (a) Provides that SECTION 2 of this Act, in adding Section
5477015, Transportation Code, conforms to changes in the laws made by
Section 56, Chapter 260, Acts of the 74th Legislature, Regular Session,
1995. 

(b) Repealer: Section 56, Chapter 260, V.T.C.S. (Conforming Amendment).

(c) Provides that this Act prevails over another Act of the 75th
Legislature, Regular Session, to the extent of any conflict. 
 
SECTION 4. Provide that all rules adopted by the general Services
Commission establishing safety standards for school buses are continued in
effect as rules of TEA until superseded by a rule of TEA. 

SECTION 5. Emergency clause.
  Effective date: upon passage.