By Hawley                                       H.B. No. 3249

      75R7149 DWS-D                           

                                A BILL TO BE ENTITLED

 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.  Chapter 34, Education Code, is amended by adding

 1-5     Section 34.0005 to read as follows:

 1-6           Sec. 34.0005.  DEFINITIONS.  In this chapter:

 1-7                 (1)  "Commercial transportation company" means a

 1-8     person, other than a governmental entity, transporting students in

 1-9     connection with school and related activities under contract with a

1-10     school district.

1-11                 (2)  "Mass transit authority" means an authority

1-12     governed by Chapter 451 or 452, Transportation Code.

1-13                 (3)  "Motor bus company" means a person, including a

1-14     lessee, trustee, or receiver of the person but not including a

1-15     governmental entity, who owns, controls, operates, or manages a

1-16     motor-propelled passenger vehicle not usually operated on or over

1-17     rails, who is engaged in the business of transporting persons for

1-18     compensation or hire over a public highway in this state,

1-19     regardless of whether operating over fixed routes or schedules, and

1-20     who is required to operate under the federal motor carrier safety

1-21     regulations as adopted by this state.  The term does not include a

1-22     person to the extent that the person:

1-23                       (A)  operates wholly within a municipality or its

1-24     suburbs;

 2-1                       (B)  uses vehicles that comply with Chapter 601,

 2-2     Transportation Code, to provide transportation:

 2-3                             (i)  under contract that stipulates the

 2-4     amount of liability insurance coverage required for the vehicles;

 2-5     and

 2-6                             (ii)  that is subsidized in whole or part

 2-7     by and provided to clients of the:

 2-8                                            (a)  Texas Department on

 2-9     Aging;

2-10                                            (b)  Texas Commission on

2-11     Alcohol and Drug Abuse;

2-12                                            (c)  Texas Commission for

2-13     the Blind;

2-14                                            (d)  Texas Cancer Council;

2-15                                            (e)  Texas Department of

2-16     Housing and Community Affairs;

2-17                                            (f)  Texas Commission for

2-18     the Deaf and Hard of Hearing;

2-19                                            (g)  Texas Department of

2-20     Health;

2-21                                            (h)  Texas Department of

2-22     Human Services;

2-23                                            (i)  Texas Department of

2-24     Mental Health and Mental Retardation;

2-25                                            (j)  Texas Rehabilitation

2-26     Commission;

2-27                                            (k)  Texas Youth Commission;

 3-1     or

 3-2                                            (l)  community action

 3-3     agencies created under federal law;

 3-4                       (C)  owns, controls, operates, or manages

 3-5     vehicles used for vanpooling or another nonprofit ride-sharing

 3-6     arrangement by which a group of individuals shares the expense of

 3-7     operating or owning and operating a vehicle in which they commute

 3-8     to and from work with one member of the group serving as driver in

 3-9     exchange for the transportation and reasonable personal use of the

3-10     vehicle; or

3-11                       (D)  owns, controls, operates, or manages

3-12     motor-propelled taxicabs designed for carrying not more than five

3-13     passengers.

3-14                 (4)  "School-chartered bus" means a bus designed to

3-15     transport more than 15 passengers, including the driver, that is

3-16     operated under a short-term contract providing for exclusive use of

3-17     the vehicle by state or school authorities at a fixed charge to

3-18     provide transportation for a group of students to a special

3-19     school-related event.

3-20           SECTION 2.  Section 34.002, Education Code, is amended to

3-21     read as follows:

3-22           Sec. 34.002.  SAFETY STANDARDS.  (a)  The [General Services

3-23     Commission, with the advice of the] Department of Public Safety[,]

3-24     shall establish safety standards for school buses [motor vehicles]

3-25     used to transport students in accordance with Section 547.7015,

3-26     Transportation Code [105, Uniform Act Regulating Traffic on

3-27     Highways (Article 6701d, Vernon's Texas Civil Statutes)].

 4-1           (b)  Each school district shall meet or exceed [comply  with]

 4-2     the safety standards for school buses [motor vehicles] established

 4-3     [by  the General Services Commission] under Subsection (a).

 4-4           (c)  A school district that fails or refuses to meet or

 4-5     exceed [comply with] the safety standards for school buses

 4-6     established under  this section is ineligible to share in the

 4-7     transportation allotment under Section 42.155 until the first

 4-8     anniversary of the date the district begins complying with the

 4-9     safety standards.

4-10           SECTION 3.  Section 34.003(b), Education Code, is amended to

4-11     read as follows:

4-12           (b)  To transport students in connection with school

4-13     activities other than on school bus routes to and from school:

4-14                 (1)  only school buses, school-chartered buses

4-15     [chartered] from mass transit authorities or motor bus companies,

4-16     or district-owned  buses meeting the safety standards prescribed by

4-17     the federal motor carrier safety regulations set forth in 49 C.F.R.

4-18     Parts 390-397 [for vehicles used by motor bus companies] may be

4-19     used to transport 10 or more students in any one vehicle; and

4-20                 (2)  passenger cars may be used to transport fewer than

4-21     10 students.

4-22           SECTION 4.  Section 34.008, Education Code, is amended to

4-23     read as follows:

4-24           Sec. 34.008.  CONTRACT WITH TRANSIT AUTHORITY OR COMMERCIAL

4-25     TRANSPORTATION COMPANY.  (a)  A board of county school trustees or

4-26     school district board of trustees may contract with a mass transit

4-27     authority or a commercial transportation company for all or any

 5-1     part of a district's public school transportation if the authority

 5-2     or company:

 5-3                 (1)  requires its school bus drivers to have the

 5-4     qualifications required by and to be certified in accordance with

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

 5-6                 (2)  uses only those school buses [motor vehicles] in

 5-7     transporting public school students that meet or exceed [satisfy]

 5-8     safety standards for school buses [requirements imposed by law on

 5-9     school motor vehicles operated by public school transportation

5-10     systems].

5-11           (b)  This section does not prohibit the county or school

5-12     district board from supplementing the state transportation cost

5-13     allotment with local funds necessary to provide complete

5-14     transportation services.

5-15           (c)  A mass transit authority [or a commercial transportation

5-16     company] contracting under this section for daily transportation of

5-17     pre-primary, primary, or secondary students to or from school shall

5-18     conduct, in a manner and on a schedule approved by the county or

5-19     district school board, the following education programs:

5-20                 (1)  a program to inform the public that public school

5-21     students will be riding on the authority's or company's buses;

5-22                 (2)  a program to educate the drivers of the buses to

5-23     be used under the contract of the special needs and problems of

5-24     public school students riding on the buses; and

5-25                 (3)  a program to educate public school students on bus

5-26     riding safety and any special considerations arising from the use

5-27     of the authority's or company's buses.

 6-1           [(d)  In this section, "transit authority" includes a

 6-2     transportation authority or a transit department.]

 6-3           SECTION 5.  Section 34.009(b), Education Code, is amended to

 6-4     read as follows:

 6-5           (b)  A school bus that is leased or leased with an option to

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

 6-7     standards for school buses established under Section 547.7015,

 6-8     Transportation Code [34.002].

 6-9           SECTION 6.  Section 521.022, Transportation Code, is amended

6-10     to read as follows:

6-11           Sec. 521.022.  RESTRICTIONS ON OPERATORS OF CERTAIN SCHOOL

6-12     BUSES.  (a)  A person under 18 years of age may not operate a motor

6-13     vehicle while that vehicle is in use as a school bus for the

6-14     transportation of students [pupils] to or from school.

6-15           (b)  A person who is 18 years of age or older may not operate

6-16     a motor vehicle while that vehicle is in use as a school bus unless

6-17     the person holds a license to operate a school bus.

6-18           (c)  A person may not be employed to operate a motor vehicle

6-19     while that vehicle is in use as a school bus for the transportation

6-20     of students [pupils] unless the person has passed an examination

6-21     approved by the department to determine the person's mental and

6-22     physical capabilities to operate a school bus safely.  Each school

6-23     bus operator must pass the examination annually.

6-24           (d)  Before employing a person to operate a school bus and

6-25     annually while the person is employed to operate a school bus, a

6-26     driver's license  check shall be made with the department and the

6-27     person's driving record must be acceptable according to minimum

 7-1     standards adopted [jointly developed] by [the State Board of

 7-2     Education  and] the department.

 7-3           (e)  Effective on the date and under provisions determined by

 7-4     the department [State Board of Education], a school bus operator

 7-5     must hold a school bus safety education certification card

 7-6     [certificate] that states that the operator is enrolled in or has

 7-7     completed a driver education [training] course [jointly] approved

 7-8     by the [State Board of Education and the] department in school bus

 7-9     safety education.  The card [certificate] is valid for three

7-10     calendar years after the date the course is successfully completed.

7-11           (f)  Before a person is employed to operate a school bus to

7-12     transport students, the employer must obtain a criminal history

7-13     record check.  A school district, school, service center, or shared

7-14     services arrangement, or a commercial transportation company under

7-15     contract with a school district, that obtains information that a

7-16     person has been convicted of a felony or misdemeanor involving

7-17     moral turpitude may not employ the person to drive a school bus on

7-18     which students are transported unless the employment is approved by

7-19     the board of trustees of the school district or the board's

7-20     designee.  In this subsection, "commercial transportation company"

7-21     has the meaning assigned by Section 34.0005, Education Code.

7-22           (g)  This section does not affect the right of an otherwise

7-23     qualified person with a hearing disability to be licensed,

7-24     certified, and employed as a bus operator for vehicles used to

7-25     transport hearing-impaired persons.

7-26           (h) [(g)]  This section does not apply to the operation of a

7-27     vehicle owned by a public institution of higher education to

 8-1     transport students of a school district that operates within that

 8-2     institution if:

 8-3                 (1)  the person operating the vehicle is approved by

 8-4     the institution to operate the vehicle; and

 8-5                 (2)  the transportation is for a special event,

 8-6     including a field trip.

 8-7           SECTION 7.  Subchapter B, Chapter 521, Transportation Code,

 8-8     is amended by adding Section 521.0225 to read as follows:

 8-9           Sec. 521.0225.  SCHOOL BUS SAFETY EDUCATION CERTIFICATION

8-10     CARD.  (a)  A person required to hold a school bus safety education

8-11     certification card under Section 521.022 shall:

8-12                 (1)  have the card in the person's possession while

8-13     transporting students on a school bus; and

8-14                 (2)  display the card on demand of a magistrate, court

8-15     officer, or peace officer.

8-16           (b)  A peace officer may stop and detain a person

8-17     transporting students in a school bus to determine if the person

8-18     has a certification card as required by this section.

8-19           (c)  A person who violates Subsection (a)  commits an

8-20     offense.  An offense under this subsection is punishable as

8-21     provided by Section 521.461, except that if the offense occurs

8-22     before the first anniversary of a previous conviction for an

8-23     offense under the subsection the offense is a misdemeanor

8-24     punishable by a fine of:

8-25                 (1)  not less than $25 or more than $200, if the person

8-26     has been convicted only once previously for an offense under this

8-27     subsection; or

 9-1                 (2)  not less than $25 or more than $500, if the person

 9-2     has been convicted more than once previously for an offense under

 9-3     this subsection.

 9-4           (d)  It is a defense to prosecution under this section that

 9-5     the person charged produces in court a school bus safety education

 9-6     certification card:

 9-7                 (1)  issued to that person; and

 9-8                 (2)  valid at the time of the alleged offense.

 9-9           (e)  The judge of each court shall report promptly to the

9-10     department each conviction obtained in the judge's court under this

9-11     section.

9-12           SECTION 8.  Sections 541.201(3), (12), and (15),

9-13     Transportation Code, are amended to read as follows:

9-14                 (3)  "Bus" means:

9-15                       (A)  a motor vehicle used to transport persons

9-16     and designed to accommodate more than 10 passengers, including the

9-17     operator; or

9-18                       (B)  a motor vehicle, other than a taxicab,

9-19     designed and used to transport persons for compensation.

9-20                 (12)  "Passenger car" means a motor vehicle, other than

9-21     a motorcycle, used to transport persons and designed to accommodate

9-22     10 or fewer passengers, including the operator.

9-23                 (15)  "School bus" means a bus used for purposes that

9-24     include regularly transporting students to and from school or

9-25     related events.  The term does not include a bus operated by a mass

9-26     transit authority or a school-chartered bus, as those terms are

9-27     defined by Section 34.0005, Education Code [motor vehicle, other

 10-1    than a bus used in an urban area by a common carrier to transport

 10-2    schoolchildren, that:]

 10-3                      [(A)  is being used to transport children to or

 10-4    from a school or school-related activity; and]

 10-5                      [(B)  complies with the color and identification

 10-6    requirements provided in the most recent edition of standards

 10-7    produced and sponsored by the National Education Association's

 10-8    National Commission on Safety Education].

 10-9          SECTION 9.  Section 545.066, Transportation Code, is amended

10-10    by amending Subsection (a)  and adding Subsection (f) to read as

10-11    follows:

10-12          (a)  An operator on a highway, when approaching from either

10-13    direction a school bus stopped on the highway to receive or

10-14    discharge a student [schoolchild]:

10-15                (1)  shall stop before reaching the school bus when the

10-16    bus is operating a visual signal as required by Section 547.701;

10-17    and

10-18                (2)  may not proceed until:

10-19                      (A)  the school bus resumes motion;

10-20                      (B)  the operator is signaled by the bus driver

10-21    to proceed; or

10-22                      (C)  the visual signal is no longer actuated.

10-23          (f)  For the purposes of this section:

10-24                (1)  a highway is considered to have separate roadways

10-25    only if the highway has roadways separated by an intervening space

10-26    on which operation of vehicles is not permitted, a physical

10-27    barrier, or a clearly indicated dividing section constructed to

 11-1    impede vehicular traffic; and

 11-2                (2)  a highway is not considered to have separate

 11-3    roadways if the highway has roadways separated only by a left turn

 11-4    lane.

 11-5          SECTION 10.  Section 545.253(a), Transportation Code, is

 11-6    amended to read as follows:

 11-7          (a)  Except as provided by Subsection (c), the operator of a

 11-8    motor bus carrying passengers for hire [or of a school bus carrying

 11-9    a schoolchild], before crossing a railroad grade crossing:

11-10                (1)  shall stop the vehicle not closer than 15 feet or

11-11    farther than 50 feet from the nearest rail of the railroad;

11-12                (2)  while stopped, shall listen and look in both

11-13    directions along the track for an approaching train and signals

11-14    indicating the approach of a train; and

11-15                (3)  may not proceed until it is safe to do so.

11-16          SECTION 11.  Subchapter F, Chapter 545, Transportation Code,

11-17    is amended by adding Section 545.2535 to read as follows:

11-18          Sec. 545.2535.  SCHOOL BUSES TO STOP AT ALL RAILROAD GRADE

11-19    CROSSINGS.  (a)  Except as provided by Subsection (c), the operator

11-20    of a school bus transporting a student, before crossing a track at

11-21    a railroad grade crossing:

11-22                (1)  shall stop the vehicle not closer than 15 feet or

11-23    farther than 50 feet from the track;

11-24                (2)  while stopped, shall listen and look in both

11-25    directions along the track for an approaching train and signals

11-26    indicating the approach of a train; and

11-27                (3)  may not proceed until it is safe to do so.

 12-1          (b)  After stopping as required by Subsection (a), the

 12-2    operator may proceed in a gear that permits the vehicle to complete

 12-3    the crossing without a change of gears.  The operator may not shift

 12-4    gears while crossing the track.

 12-5          (c)  An operator is not required to stop at:

 12-6                (1)  an abandoned railroad grade crossing that is

 12-7    marked with a sign indicating that the rail line is abandoned; or

 12-8                (2)  an industrial or spur line railroad grade crossing

 12-9    that is marked with a sign reading "exempt."

12-10          (d)  An "exempt" sign under Subsection (c)(2) may be erected

12-11    only by or with the consent of the appropriate state or local

12-12    governmental official.

12-13          SECTION 12.  Subchapter I, Chapter 545, Transportation Code,

12-14    is amended by adding Section 545.424 to read as follows:

12-15          Sec. 545.424.  ITEMS TRANSPORTED ON CERTAIN BUSES USED TO

12-16    TRANSPORT STUDENTS.  (a)  This section applies only to a school bus

12-17    or a bus designed to transport more than 10 but less than 16

12-18    passengers, including the operator, that is used to transport

12-19    students.

12-20          (b)  Baggage or another item transported in the passenger

12-21    compartment of a bus to which this section applies must be stored

12-22    so that the aisles of the bus remain clear and each door and

12-23    emergency exit of the bus remains accessible while the bus is

12-24    transporting students.

12-25          SECTION 13.  Section 547.701, Transportation Code, is amended

12-26    by amending Subsections (b) and (c) and adding Subsection (d) to

12-27    read as follows:

 13-1          (b)  A school bus may be equipped with:

 13-2                (1)  rooftop warning lamps:

 13-3                      (A)  that conform to and are placed on the bus in

 13-4    accordance with specifications adopted under Section 547.7015

 13-5    [11.12, Education Code]; and

 13-6                      (B)  that [which] may be operated only during

 13-7    inclement weather when the bus is stopping or is stopped to load or

 13-8    unload students [schoolchildren]; and

 13-9                (2)  movable stop arms:

13-10                      (A)  that conform to regulations adopted under

13-11    Section 547.7015 [11.12, Education Code]; and

13-12                      (B)  that [which] may be operated only when the

13-13    bus is stopped to load or unload students [schoolchildren].

13-14          (c)  When a school bus is being stopped or is stopped on a

13-15    highway to permit students to board or alight from the bus, the

13-16    operator of the bus shall activate all flashing warning signal

13-17    lights or other equipment on the bus designed to warn other drivers

13-18    that the bus is stopping to load or unload children.  A person may

13-19    not operate such a light or other equipment except when the bus is

13-20    being stopped or is stopped on a highway to permit students to

13-21    board or alight from the bus  [A school bus operator shall activate

13-22    the warning equipment designed to warn other vehicle operators that

13-23    the bus is stopping to load or unload children, including flashing

13-24    warning signal lamps, when the bus is stopping or stopped to load

13-25    or unload schoolchildren.  A person may not activate the warning

13-26    equipment at any other time].

13-27          (d)  The exterior of a school bus may not bear advertising or

 14-1    another paid announcement directed at the public if the advertising

 14-2    or announcement distracts from the effectiveness of required safety

 14-3    warning equipment.  The department shall adopt rules to implement

 14-4    this subsection.  A school bus that violates this section or rules

 14-5    adopted under this section shall be placed out of service until it

 14-6    complies.

 14-7          SECTION 14.  Subchapter L, Chapter 547, Transportation Code,

 14-8    is amended by adding Section 547.7015 to read as follows:

 14-9          Sec. 547.7015.  RULES RELATING TO SCHOOL BUSES.  (a)  The

14-10    department shall adopt and enforce rules regarding safety standards

14-11    for school buses governing the design, color, lighting and other

14-12    equipment, construction, and operation of a school bus for the

14-13    transportation of students that is:

14-14                (1)  owned and operated by a school district in this

14-15    state; or

14-16                (2)  privately owned and operated under a contract with

14-17    a school district in this state.

14-18          (b)  In adopting rules under this section, the department

14-19    shall emphasize:

14-20                (1)  safety features; and

14-21                (2)  long-range, maintenance-free factors.

14-22          (c)  Rules adopted under this section:

14-23                (1)  apply to each school district, the officers and

14-24    employees of a district, and each person employed under contract by

14-25    a school district; and

14-26                (2)  shall by reference be made a part of any contract

14-27    that is entered into by a school district in this state for the

 15-1    transportation of students on a privately owned school bus.

 15-2          (d)  A school bus must continue to meet or exceed the safety

 15-3    standards applicable to the bus for the year it was manufactured.

 15-4    The department may inspect a school bus to determine and enforce

 15-5    compliance with the safety standards.  A bus that does not comply

 15-6    with the safety standards shall be placed out of service until it

 15-7    complies.

 15-8          SECTION 15.  (a)  In addition to the substantive changes in

 15-9    law made by this Act, this Act conforms the Transportation Code to

15-10    changes in law made by Sections 55 and 56, Chapter 260, and Section

15-11    25, Chapter 1009, Acts of the 74th Legislature, Regular Session,

15-12    1995.

15-13          (b)  To the extent of any conflict, this Act prevails over

15-14    another Act of the 75th Legislature, Regular Session, 1997,

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

15-16    codes.

15-17          SECTION 16.  This Act takes effect September 1, 1997.

15-18          SECTION 17.  The importance of this legislation and the

15-19    crowded condition of the calendars in both houses create an

15-20    emergency and an imperative public necessity that the

15-21    constitutional rule requiring bills to be read on three several

15-22    days in each house be suspended, and this rule is hereby suspended.