By Culberson                                     H.B. No. 552

      75R1727 ESH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to compulsory school attendance and the suspension of

 1-3     driver's licenses issued to certain public school students.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 25.085(b), Education Code, is amended to

 1-6     read as follows:

 1-7           (b)  Unless specifically exempted by Section 25.086, a child

 1-8     who is at least six years of age, or who is younger than six years

 1-9     of age and has previously been enrolled in first grade, and who is

1-10     younger than 18 years of age [has not completed the academic year

1-11     in which the child's 17th birthday occurred] shall attend school.

1-12           SECTION 2.  Chapter 25, Education Code, is amended by adding

1-13     Subchapter E to read as follows:

1-14         SUBCHAPTER E.  SUSPENSION OF STUDENT'S DRIVER'S LICENSE FOR

1-15           FAILURE TO ATTEND SCHOOL OR MAKE SATISFACTORY PROGRESS

1-16           Sec. 25.151.  DEFINITION.  In this subchapter, "driver's

1-17     license" has the meaning assigned by Section 521.001,

1-18     Transportation Code.

1-19           Sec. 25.152.  GROUNDS FOR SUSPENSION OF STUDENT'S DRIVER'S

1-20     LICENSE.  A driver's license held by a public school student

1-21     younger than 18 years of age is subject to suspension by the

1-22     Department of Public Safety until the student's 21st birthday if

1-23     the student:

1-24                 (1)  in the preceding grade reporting period, has a

 2-1     grade point average in academic classes that is lower than the

 2-2     equivalent of 70 on a scale of 100;

 2-3                 (2)  is absent without excuse for 10 or more

 2-4     consecutive class days or consecutive partial class days during a

 2-5     semester; or

 2-6                 (3)  withdraws from the school district or

 2-7     open-enrollment charter school and does not meet a criterion

 2-8     described by Section 25.153(b)(2).

 2-9           Sec. 25.153.  PROCEDURE FOR SUSPENSION.  (a)  When the

2-10     records of a school district or open-enrollment charter school

2-11     indicate that a student's driver's license is subject to suspension

2-12     under Section 25.152, the district or school shall notify the

2-13     student that the license is subject to suspension.  The notice must

2-14     include the grounds for suspension.  If the student's driver's

2-15     license is subject to suspension under Section 25.152(2) or (3),

2-16     the notice must state that the student may avoid the suspension as

2-17     provided by Subsection (b).

2-18           (b)  A student may avoid the suspension if the student, not

2-19     later than the 14th day after the date the notice is sent:

2-20                 (1)  resumes attendance or reenrolls in the district or

2-21     school; or

2-22                 (2)  provides proof acceptable to the district or

2-23     school that the student:

2-24                       (A)  is enrolled at another public or private

2-25     high school;

2-26                       (B)  is enrolled in a course that prepares a

2-27     person to obtain a certificate of high school equivalency;

 3-1                       (C)  has obtained a certificate of high school

 3-2     equivalency; or

 3-3                       (D)  is a home school student who is pursuing in

 3-4     a bona fide manner, under the direction of the student's parent or

 3-5     a person standing in parental authority, a curriculum designed to

 3-6     meet basic educational goals of reading, spelling, grammar,

 3-7     mathematics, and a study of good citizenship.

 3-8           Sec. 25.154.  HEARING.  (a)  A school district or

 3-9     open-enrollment charter school that receives proof from a student

3-10     under Section 25.153(b)(2) shall promptly notify the student

3-11     whether the district or school considers the proof sufficient to

3-12     avoid suspension of the student's driver's license.  If the

3-13     district or school notifies the student that the student's proof is

3-14     unacceptable, the district or school shall also notify the student

3-15     of the student's entitlement to a hearing under Subsection (b).

3-16           (b)  Not later than the seventh day after the date notice is

3-17     sent under Subsection (a), the student may request a hearing before

3-18     the board of trustees of the school district or the person

3-19     operating the open-enrollment charter school.  The request for a

3-20     hearing must be in writing and delivered to the person or office

3-21     specified in the notice.

3-22           (c)  If the student requests a hearing, the hearing shall be

3-23     held in a manner that provides the student with appropriate due

3-24     process as required by the federal constitution.  The board of

3-25     trustees or person operating the open-enrollment charter school

3-26     shall conduct the hearing and make a decision regarding suspension

3-27     of the student's driver's license not later than the 30th day after

 4-1     the date on which the student requests the hearing.

 4-2           Sec. 25.155.  APPEAL.  A decision under Section 25.154 of a

 4-3     board of trustees or person operating an open-enrollment charter

 4-4     school may be appealed by trial de novo to a statutory county court

 4-5     of the county in which the school district's central administrative

 4-6     office or the open-enrollment charter school is located, or, if

 4-7     there is not a statutory county court, the county court.

 4-8           Sec. 25.156.  NOTICE TO DEPARTMENT OF PUBLIC SAFETY.  (a)

 4-9     The school district or open-enrollment charter school shall take

4-10     action as required by Subsection (b) if:

4-11                 (1)  the student's license is subject to suspension

4-12     under Section 25.152(1); or

4-13                 (2)  the student's license is subject to suspension

4-14     under Section 25.152(2) or (3) and:

4-15                       (A)  the student fails to respond to the notice

4-16     as required by Section 25.153(b)(1);

4-17                       (B)  the student fails to provide sufficient

4-18     proof under Section 25.153(b)(2); or

4-19                       (C)  the board of trustees or person operating

4-20     the open-enrollment charter school determines, after a hearing

4-21     requested under Section 25.154, that the student's driver's license

4-22     should be suspended.

4-23           (b)  A school district or open-enrollment charter school

4-24     required to act by Subsection (a) shall promptly:

4-25                 (1)  instruct the Department of Public Safety to

4-26     suspend the license; and

4-27                 (2)  provide notice that informs the student that the

 5-1     student's license will be suspended, directs the student to

 5-2     surrender the license to the Department of Public Safety, and, if

 5-3     applicable, explains to the student the steps that may be taken to

 5-4     terminate the suspension of the license.

 5-5           Sec. 25.157.  TERMINATION OF SUSPENSION.  (a)  Except as

 5-6     provided by Subsection (c), the Department of Public Safety shall

 5-7     terminate the suspension of a driver's license under Section

 5-8     25.152(1) if:

 5-9                 (1)  a public school district, open-enrollment charter

5-10     school, or private high school notifies the department that after

5-11     the student's license was suspended, the student:

5-12                       (A)  completed at least two consecutive semesters

5-13     and did not in any semester have a grade point average in academic

5-14     classes that was lower than the equivalent of 70 on a scale of 100;

5-15     or

5-16                       (B)  graduated from high school; or

5-17                 (2)  the student provides the department with proof

5-18     that the student:

5-19                       (A)  is enrolled and making satisfactory progress

5-20     as determined by the course instructor on the basis of attendance,

5-21     completion of assignments, and good faith effort, in a course that

5-22     prepares a person to obtain a certificate of high school

5-23     equivalency; or

5-24                       (B)  has obtained a certificate of high school

5-25     equivalency.

5-26           (b)  Except as provided by Subsection (c), the Department of

5-27     Public Safety shall terminate the suspension of a driver's license

 6-1     under Section 25.152(2) or (3) if:

 6-2                 (1)  a public school district, open-enrollment charter

 6-3     school, or private high school notifies the department that the

 6-4     student has returned to or enrolled in the school district or

 6-5     school and:

 6-6                       (A)  has attended classes for 30 days without an

 6-7     unexcused absence in any class; or

 6-8                       (B)  has graduated; or

 6-9                 (2)  the student provides the department with proof

6-10     that the student:

6-11                       (A)  has enrolled in and is making satisfactory

6-12     progress, as determined by the course instructor on the basis of

6-13     attendance, completion of assignments, and good faith effort, in a

6-14     course that prepares a person to obtain a certificate of high

6-15     school equivalency; or

6-16                       (B)  has obtained a certificate of high school

6-17     equivalency.

6-18           (c)  The Department of Public Safety may not, before a

6-19     student's 21st birthday, terminate the suspension of a license if

6-20     the student's license was previously suspended under this

6-21     subchapter.

6-22           Sec. 25.158.  FORM OF NOTICE.  Notice required to be given to

6-23     a student under this subchapter shall be sent by certified mail to

6-24     the student at the student's address as specified in the records of

6-25     the school district or open-enrollment charter school providing

6-26     notice.

6-27           Sec. 25.159.  FORMS.  The agency shall design standard forms

 7-1     for use in notifying the Department of Public Safety that a

 7-2     driver's license should be suspended under this subchapter or that

 7-3     a suspension should be terminated.  The standard forms must be

 7-4     approved by the Department of Public Safety.

 7-5           SECTION 3.  Subchapter O, Chapter 521, Transportation Code,

 7-6     is amended by adding Section 521.3421 to read as follows:

 7-7           Sec. 521.3421.  SUSPENSION OF LICENSE HELD BY STUDENT UNDER

 7-8     21 YEARS OF AGE.  (a)  On receipt of a notification under Section

 7-9     25.156(b), Education Code, concerning a person under 21 years of

7-10     age, the department shall automatically suspend the person's

7-11     driver's license.

7-12           (b)  Except as provided by Section 25.152 or 25.157(c),

7-13     Education Code, the period of suspension continues until the

7-14     department receives, as appropriate:

7-15                 (1)  notification from a public school district,

7-16     open-enrollment charter school, or private high school under

7-17     Section 25.157(a)(1) or (b)(1), Education Code, that the suspension

7-18     should be terminated; or

7-19                 (2)  documentation from the student described by

7-20     Section 25.157(a)(2) or (b)(2), Education Code.

7-21           SECTION 4.  Section 521.343(a), Transportation Code, is

7-22     amended to read as follows:

7-23           (a)  Except as provided by Sections 521.342(b), 521.3421(b),

7-24     521.344(a), (b), (d), (e), (f), (g), (h), and (i), 521.345, and

7-25     521.346, and Sections 25.152 and 25.157(c), Education Code, a

7-26     suspension under this subchapter is for one year.

7-27           SECTION 5.  (a)  This Act takes effect September 1, 1997.

 8-1           (b)  For purposes of Section 25.152(2), Education Code, as

 8-2     added by this Act, a student's absence from school that occurs

 8-3     before the effective date of this Act is not aggregated with

 8-4     absences that occur on or after the effective date of this Act.

 8-5           SECTION 6.  The importance of this legislation and the

 8-6     crowded condition of the calendars in both houses create an

 8-7     emergency and an imperative public necessity that the

 8-8     constitutional rule requiring bills to be read on three several

 8-9     days in each house be suspended, and this rule is hereby suspended.