1-1                                   AN ACT

 1-2     relating to school buses; providing a penalty.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 22.084, Education Code, is amended to

 1-5     read as follows:

 1-6           Sec. 22.084.  ACCESS TO CRIMINAL HISTORY RECORDS OF SCHOOL

 1-7     BUS DRIVERS, BUS MONITORS, AND BUS AIDES.  (a)  Except as provided

 1-8     by Subsections (c) and (d), a [A] school district, open-enrollment

 1-9     charter school, private school, regional education service center,

1-10     or shared services arrangement that contracts with a person for

1-11     transportation services shall obtain from any law enforcement or

1-12     criminal justice agency all criminal history record information

1-13     that relates to:

1-14                 (1)  a person employed by the person as a bus driver;

1-15     or

1-16                 (2)  a person the person intends to employ as a bus

1-17     driver.

1-18           (b)  Except as provided by Subsections (c) and (d), a [A]

1-19     person that contracts with a school district, open-enrollment

1-20     charter school, private school, regional education service center,

1-21     or shared services arrangement to provide transportation services

1-22     shall submit to the district, school, service center, or shared

1-23     services arrangement the name and other identification data

1-24     required to obtain criminal history record information of each

 2-1     person described by Subsection (a).  If the district, school,

 2-2     service center, or shared services arrangement obtains information

 2-3     that a person described by Subsection (a) has been convicted of a

 2-4     felony or a misdemeanor involving moral turpitude, the district,

 2-5     school, service center, or shared services arrangement shall inform

 2-6     the chief personnel officer of the person with whom the district,

 2-7     school, service center, or shared services arrangement has

 2-8     contracted, and the person may not employ that person to drive a

 2-9     bus on which students are transported without the permission of the

2-10     board of trustees of the district or service center, the governing

2-11     body of the open-enrollment charter school, or the chief executive

2-12     officer of the private school or shared services arrangement.

2-13           (c)  A commercial transportation company that contracts with

2-14     a school district, open-enrollment charter school, private school,

2-15     regional education service center, or shared services arrangement

2-16     to provide transportation services may obtain from any law

2-17     enforcement or criminal justice agency all criminal history record

2-18     information that relates to:

2-19                 (1)  a person employed by the commercial transportation

2-20     company as a bus driver, bus monitor, or bus aide; or

2-21                 (2)  a person the commercial transportation company

2-22     intends to employ as a bus driver, bus monitor, or bus aide.

2-23           (d)  If the commercial transportation company obtains

2-24     information that a person employed or to be employed by the company

2-25     has been convicted of a felony or a misdemeanor involving moral

2-26     turpitude, the company may not employ that person to drive or to

2-27     serve as a bus monitor or bus aide on a bus on which students are

 3-1     transported without the permission of the board of trustees of the

 3-2     district or service center, the governing body of the

 3-3     open-enrollment charter school, or the chief executive officer of

 3-4     the private school or shared services arrangement.  Subsections (a)

 3-5     and (b) do not apply if information is obtained as provided by

 3-6     Subsection (c).

 3-7           SECTION 2.  Section 34.002, Education Code, is amended to

 3-8     read as follows:

 3-9           Sec. 34.002.  Safety Standards.  (a)  The [General Services

3-10     Commission, with the advice of the] Department of Public Safety,

3-11     with the advice of the General Services Commission and the Texas

3-12     Education Agency, shall establish safety standards for school buses

3-13     [motor vehicles] used to transport students in accordance with

3-14     Section 34.002, Education Code [105, Uniform Act Regulating Traffic

3-15     on Highways (Article 6701d, Vernon's Texas Civil Statutes)].

3-16           (b)  Each school district shall meet or exceed [comply with]

3-17     the safety standards for school buses [motor vehicles] established

3-18     [by the General Services Commission] under Subsection (a).

3-19           (c)  A school district that fails or refuses to meet [comply

3-20     with] the safety standards for school buses established under this

3-21     section is ineligible to share in the transportation allotment

3-22     under Section 42.155 until the first anniversary of the date the

3-23     district begins complying with the safety standards.

3-24           SECTION 3.  Section 34.003, Education Code, is amended to

3-25     read as follows:

3-26           Sec. 34.003.  Operation of School Buses.  (a)  School buses

3-27     or mass transit authority motor buses shall be used for the

 4-1     transportation of students to and from schools on [school bus]

 4-2     routes having 10 or more students.  On those [school bus] routes

 4-3     having fewer than 10 students, passenger cars may be used for the

 4-4     transportation of students to and from school.

 4-5           (b)  To transport students in connection with school

 4-6     activities other than on [school bus] routes to and from school:

 4-7                 (1)  only school buses or motor[,] buses [chartered

 4-8     from motor bus companies, or district-owned buses meeting the

 4-9     safety standards prescribed for vehicles used by motor bus

4-10     companies] may be used to transport 15 [10] or more students in any

4-11     one vehicle; and

4-12                 (2)  passenger cars or passenger vans may be used to

4-13     transport fewer than 15 [10] students.

4-14           (c)  In all circumstances in which passenger cars or

4-15     passenger vans are used to transport students, the operator of the

4-16     vehicle shall ensure that the number of passengers in the vehicle

4-17     does not exceed the designed capacity of the vehicle and that each

4-18     passenger is secured by a safety belt.

4-19           (d)  In this section, "passenger van" means a motor vehicle

4-20     other than a motorcycle or passenger car, used to transport persons

4-21     and designed to transport 15 or fewer passengers, including the

4-22     driver.

4-23           (e)  "Motor bus" means a vehicle designed to transport more

4-24     than 15 passengers, including the driver.

4-25           SECTION 4.  Section 34.004, Education Code, is amended to

4-26     read as follows:

4-27           Sec. 34.004.  STANDING CHILDREN.  A school district may not

 5-1     require or allow a child to stand on a school bus or passenger van

 5-2     that is in motion.

 5-3           SECTION 5.  Section 34.008, Education Code, is amended to

 5-4     read as follows:

 5-5           Sec. 34.008.  Contract With Transit Authority or Commercial

 5-6     Transportation Company.  (a)  A board of county school trustees or

 5-7     school district board of trustees may contract with a mass transit

 5-8     authority or a commercial transportation company for all or any

 5-9     part of a district's public school transportation if the authority

5-10     or company:

5-11                 (1)  requires its school bus drivers to have the

5-12     qualifications required by and to be certified in accordance with

5-13     standards established by the Department of Public Safety; and

5-14                 (2)  uses only those school buses or mass transit

5-15     authority buses [motor vehicles] in transporting 15 or more public

5-16     school students that meet or exceed [satisfy] safety standards for

5-17     school buses established under Section 34.002, Education Code

5-18     [requirements imposed by law on school motor vehicles operated by

5-19     public school transportation systems].

5-20           (b)  This section does not prohibit the county or school

5-21     district board from supplementing the state transportation cost

5-22     allotment with local funds necessary to provide complete

5-23     transportation services.

5-24           (c)  A mass transit authority [or a commercial transportation

5-25     company] contracting under this section for daily transportation of

5-26     pre-primary, primary, or secondary students to or from school shall

5-27     conduct, in a manner and on a schedule approved by the county or

 6-1     district school board, the following education programs:

 6-2                 (1)  a program to inform the public that public school

 6-3     students will be riding on the authority's or company's buses;

 6-4                 (2)  a program to educate the drivers of the buses to

 6-5     be used under the contract of the special needs and problems of

 6-6     public school students riding on the buses; and

 6-7                 (3)  a program to educate public school students on bus

 6-8     riding safety and any special considerations arising from the use

 6-9     of the authority's or company's buses.

6-10           [(d)  In this section, "transit authority" includes a

6-11     transportation authority or a transit department.]

6-12           SECTION 6.  Section 34.009(b), Education Code, is amended to

6-13     read as follows:

6-14           (b)  A school bus that is leased or leased with an option to

6-15     purchase under this section must meet or exceed the safety

6-16     standards for school buses established under Section 34.002,

6-17     Education Code [34.002].

6-18           SECTION 7.  Section 521.022, Transportation Code, is amended

6-19     to read as follows:

6-20           Sec. 521.022.  RESTRICTIONS ON OPERATORS OF CERTAIN SCHOOL

6-21     BUSES.  (a)  A person under 18 years of age may not operate [a

6-22     motor vehicle while that vehicle is in use as] a school bus for the

6-23     transportation of students [pupils to or from school].

6-24           (b)  A person who is 18 years of age or older may not operate

6-25     [a motor vehicle while that vehicle is in use as] a school bus

6-26     unless the person holds an appropriate class of driver's license

6-27     for the vehicle being operated [a license to operate a school bus].

 7-1           (c)  A person may not [be employed to] operate [a motor

 7-2     vehicle while that vehicle is in use as] a school bus for the

 7-3     transportation of students [pupils] unless the person meets the

 7-4     mental and physical capability requirements the department

 7-5     establishes by rule and has passed an examination approved by the

 7-6     department to determine the person's mental and physical

 7-7     capabilities to operate a school bus safely.  Each school bus

 7-8     operator must pass the examination annually.

 7-9           (d)  A person may not operate a school bus for the

7-10     transportation of students unless [Before employing a person to

7-11     operate a school bus, a driver's license check shall be made with

7-12     the department and] the person's driving record is [must be]

7-13     acceptable according to minimum standards adopted [jointly

7-14     developed] by [the State Board of Education and] the department.  A

7-15     check of the person's driving record shall be made with the

7-16     department annually.

7-17           (e)  A person may not operate a school bus for the

7-18     transportation of students unless the person is certified in school

7-19     bus safety education or has enrolled in a school bus safety

7-20     education class under provisions adopted by the department.

7-21     Effective on the date and under provisions determined by the

7-22     department [State Board of Education], a school bus operator must

7-23     hold a card [certificate] that states that the operator is enrolled

7-24     in or has completed a driver training course [jointly] approved by

7-25     the [State Board of Education and the] department in school bus

7-26     safety education.  The card [certificate] is valid for three years.

7-27           (f)  Before a person is employed to operate a school bus to

 8-1     transport students, the employer must obtain a criminal history

 8-2     record check.  A school district, school, service center, or shared

 8-3     services arrangement, or a commercial transportation company under

 8-4     contract with a school district, that obtains information that a

 8-5     person has been convicted of a felony or misdemeanor involving

 8-6     moral turpitude may not employ the person to drive a school bus on

 8-7     which students are transported unless the employment is approved by

 8-8     the board of trustees of the school district or the board's

 8-9     designee.

8-10           (g)  This section does not affect the right of an otherwise

8-11     qualified person with a hearing disability to be licensed,

8-12     certified, and employed as a bus operator for vehicles used to

8-13     transport hearing-impaired students [persons].

8-14           (h) [(g)]  This section does not apply to the operation of a

8-15     vehicle owned by a public institution of higher education to

8-16     transport students of a school district that operates within that

8-17     institution if:

8-18                 (1)  the person operating the vehicle is approved by

8-19     the institution to operate the vehicle; and

8-20                 (2)  the transportation is for a special event,

8-21     including a field trip.

8-22           SECTION 8.  Sections 541.201(3), (12), and (15),

8-23     Transportation Code, are amended to read as follows:

8-24                 (3)  "Bus" means:

8-25                       (A)  a motor vehicle used to transport persons

8-26     and designed to accommodate more than 10 passengers, including the

8-27     operator; or

 9-1                       (B)  a motor vehicle, other than a taxicab,

 9-2     designed and used to transport persons for compensation.

 9-3                 (12)  "Passenger car" means a motor vehicle, other than

 9-4     a motorcycle, used to transport persons and designed to accommodate

 9-5     10 or fewer passengers, including the operator.

 9-6                 (15)  "School bus" means a bus designed to transport

 9-7     more than 15 passengers, including the operator, and used for

 9-8     purposes that include regularly transporting students to and from

 9-9     school or school-related events.  The term does not include a

9-10     school-chartered bus or a bus operated by a mass transit authority

9-11     [motor vehicle, other than a bus used in an urban area by a common

9-12     carrier to transport schoolchildren, that:]

9-13                       [(A)  is being used to transport children to or

9-14     from a school or school-related activity; and]

9-15                       [(B)  complies with the color and identification

9-16     requirements provided in the most recent edition of standards

9-17     produced and sponsored by the National Education Association's

9-18     National Commission on Safety Education].

9-19           SECTION 9.  Section 545.066, Transportation Code, is amended

9-20     by amending Subsection (a) and adding Subsection (f) to read as

9-21     follows:

9-22           (a)  An operator on a highway, when approaching from either

9-23     direction a school bus stopped on the highway to receive or

9-24     discharge a student [schoolchild]:

9-25                 (1)  shall stop before reaching the school bus when the

9-26     bus is operating a visual signal as required by Section 547.701;

9-27     and

 10-1                (2)  may not proceed until:

 10-2                      (A)  the school bus resumes motion;

 10-3                      (B)  the operator is signaled by the bus driver

 10-4    to proceed; or

 10-5                      (C)  the visual signal is no longer actuated.

 10-6          (f)  For the purposes of this section:

 10-7                (1)  a highway is considered to have separate roadways

 10-8    only if the highway has roadways separated by an intervening space

 10-9    on which operation of vehicles is not permitted, a physical

10-10    barrier, or a clearly indicated dividing section constructed to

10-11    impede vehicular traffic; and

10-12                (2)  a highway is not considered to have separate

10-13    roadways if the highway has roadways separated only by a left turn

10-14    lane.

10-15          SECTION 10.  Section 545.253(a), Transportation Code, is

10-16    amended to read as follows:

10-17          (a)  Except as provided by Subsection (c), the operator of a

10-18    motor bus carrying passengers for hire [or of a school bus carrying

10-19    a schoolchild], before crossing a railroad grade crossing:

10-20                (1)  shall stop the vehicle not closer than 15 feet or

10-21    farther than 50 feet from the nearest rail of the railroad;

10-22                (2)  while stopped, shall listen and look in both

10-23    directions along the track for an approaching train and signals

10-24    indicating the approach of a train; and

10-25                (3)  may not proceed until it is safe to do so.

10-26          SECTION 11.  Subchapter F, Chapter 545, Transportation Code,

10-27    is amended by adding Section 545.2535 to read as follows:

 11-1          Sec. 545.2535.  SCHOOL BUSES TO STOP AT ALL RAILROAD GRADE

 11-2    CROSSINGS.  (a)  Except as provided by Subsection (c), the operator

 11-3    of a school bus, before crossing a track at a railroad grade

 11-4    crossing:

 11-5                (1)  shall stop the vehicle not closer than 15 feet or

 11-6    farther than 50 feet from the track;

 11-7                (2)  while stopped, shall listen and look in both

 11-8    directions along the track for an approaching train and signals

 11-9    indicating the approach of a train; and

11-10                (3)  may not proceed until it is safe to do so.

11-11          (b)  After stopping as required by Subsection (a), the

11-12    operator may proceed in a gear that permits the vehicle to complete

11-13    the crossing without a change of gears.  The operator may not shift

11-14    gears while crossing the track.

11-15          (c)  An operator is not required to stop at:

11-16                (1)  an abandoned railroad grade crossing that is

11-17    marked with a sign reading "tracks out of service"; or

11-18                (2)  an industrial or spur line railroad grade crossing

11-19    that is marked with a sign reading "exempt."

11-20          (d)  A sign under Subsection (c) may be erected only by or

11-21    with the consent of the appropriate state or local governmental

11-22    official.

11-23          SECTION 12.  Section 547.701, Transportation Code, is amended

11-24    by amending Subsections (b) and (c) and adding Subsection (d) to

11-25    read as follows:

11-26          (b)  A school bus may be equipped with:

11-27                (1)  rooftop warning lamps:

 12-1                      (A)  that conform to and are placed on the bus in

 12-2    accordance with specifications adopted under Section 34.002,

 12-3    Education Code [11.12, Education Code]; and

 12-4                      (B)  that [which] may be operated only during

 12-5    inclement weather when the bus is stopping or is stopped to load or

 12-6    unload students [schoolchildren]; and

 12-7                (2)  movable stop arms:

 12-8                      (A)  that conform to regulations adopted under

 12-9    Section 34.002, Education Code [11.12, Education Code]; and

12-10                      (B)  that [which] may be operated only when the

12-11    bus is stopped to load or unload students [schoolchildren].

12-12          (c)  When a school bus is being stopped or is stopped on a

12-13    highway to permit students to board or exit the bus, the operator

12-14    of the bus shall activate all flashing warning signal lights and

12-15    other equipment on the bus designed to warn other drivers that the

12-16    bus is stopping to load or unload children.  A person may not

12-17    operate such a light or other equipment except when the bus is

12-18    being stopped or is stopped on a highway to permit students to

12-19    board or exit the bus [A school bus operator shall activate the

12-20    warning equipment designed to warn other vehicle operators that the

12-21    bus is stopping to load or unload children, including flashing

12-22    warning signal lamps, when the bus is stopping or stopped to load

12-23    or unload schoolchildren.  A person may not activate the warning

12-24    equipment at any other time].

12-25          (d)  The exterior of a school bus may not bear advertising or

12-26    another paid announcement directed at the public if the advertising

12-27    or announcement distracts from the effectiveness of required safety

 13-1    warning equipment.  The department shall adopt rules to implement

 13-2    this subsection.  A school bus that violates this section or rules

 13-3    adopted under this section shall be placed out of service until it

 13-4    complies.

 13-5          SECTION 13.  Section 411.097, Government Code, is amended to

 13-6    read as follows:

 13-7          Sec. 411.097.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:

 13-8    SCHOOL DISTRICT, CHARTER SCHOOL, PRIVATE SCHOOL, REGIONAL EDUCATION

 13-9    SERVICE CENTER, COMMERCIAL TRANSPORTATION COMPANY, OR EDUCATION

13-10    SHARED SERVICES ARRANGEMENT.  (a)  A school district, charter

13-11    school, private school, regional education service center,

13-12    commercial transportation company, or education shared services

13-13    arrangement is entitled to obtain from the department criminal

13-14    history record information maintained by the department that the

13-15    district, school, service center, or shared services arrangement is

13-16    required or authorized to obtain under Subchapter C, Chapter 22,

13-17    Education Code, that relates to a person who is:

13-18                (1)  an applicant for employment by the district,

13-19    school, service center, or shared services arrangement; or

13-20                (2)  an employee of or an applicant for employment with

13-21    a public or commercial transportation company that contracts with

13-22    the district, school, service center, or shared services

13-23    arrangement to provide transportation services if the employee

13-24    drives or the applicant will drive a bus in which students are

13-25    transported or is employed or is seeking employment as a bus

13-26    monitor or bus aide on a bus in which students are transported.

13-27          (b)  A school district, charter school, private school,

 14-1    regional education service center, or education shared services

 14-2    arrangement is entitled to obtain from the department, no more than

 14-3    twice each year, criminal history record information maintained by

 14-4    the department that the district, school, service center, or shared

 14-5    services arrangement is required or authorized to obtain under

 14-6    Subchapter C, Chapter 22, Education Code, that relates to a person

 14-7    who is a volunteer or employee of the district, school, service

 14-8    center, or shared services arrangement.

 14-9          (c)  Criminal history record information obtained by a school

14-10    district, charter school, private school, service center,

14-11    commercial transportation company, or shared services arrangement

14-12    under Subsection (a) or (b) may not be released or disclosed to any

14-13    person, other than the individual who is the subject of the

14-14    information, the Texas Education Agency, the State Board for

14-15    Educator Certification, or the chief personnel officer of the

14-16    transportation company, if the information is obtained under

14-17    Subsection (a)(2).

14-18          (d)  If a regional education service center or commercial

14-19    transportation company that receives criminal history record

14-20    information from the department under this section requests the

14-21    information by providing to the department a list, including the

14-22    name, date of birth, and any other personal descriptive information

14-23    required by the department for each person, through electronic

14-24    means, magnetic tape, or disk, as specified by the department, the

14-25    department may not charge the service center or commercial

14-26    transportation company more than the lesser of:

14-27                (1)  the department's cost for providing the

 15-1    information; or

 15-2                (2)  the amount prescribed by another law.

 15-3          SECTION 14.  (a)  In addition to the substantive changes in

 15-4    law made by this Act, this Act conforms the Transportation Code to

 15-5    changes in law made by Sections 55 and 56, Chapter 260, and Section

 15-6    25, Chapter 1009, Acts of the 74th Legislature, Regular Session,

 15-7    1995.

 15-8          (b)  To the extent of any conflict, this Act prevails over

 15-9    another Act of the 75th Legislature, Regular Session, 1997,

15-10    relating to nonsubstantive additions to and corrections in enacted

15-11    codes.

15-12          SECTION 15.  This Act takes effect September 1, 1997.

15-13          SECTION 16.  The importance of this legislation and the

15-14    crowded condition of the calendars in both houses create an

15-15    emergency and an imperative public necessity that the

15-16    constitutional rule requiring bills to be read on three several

15-17    days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 3249 was passed by the House on May

         16, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 3249 on May 28, 1997, by a non-record

         vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 3249 was passed by the Senate, with

         amendments, on May 24, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor