By: Harris S.B. No. 255
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of driver's training courses and to
1-2 certificates issued on completion of such courses.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subdivision (21), Section 3, Texas Driver and
1-5 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
1-6 Civil Statutes), is amended to read as follows:
1-7 (21) "Driving safety school" means an enterprise that
1-8 maintains a place of business or solicits business in this state,
1-9 that is operated by an individual, association, political
1-10 subdivision, partnership, or corporation for the education and
1-11 training of persons in driving safety, and that is not specifically
1-12 exempted by this Act. A driving safety school may use multiple
1-13 classroom locations to teach a driving safety course if each
1-14 location is approved by the parent school and the agency and bears
1-15 the same name and has the same ownership as the parent school.
1-16 SECTION 2. Section 4, Texas Driver and Traffic Safety
1-17 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
1-18 is amended by adding Subsection (c) to read as follows:
1-19 (c) The agency may employ personnel as necessary to
1-20 administer this Act. The agency is exempt from the limitations
1-21 created under Chapter 654, Government Code, and any other law
1-22 providing for a limitation on the number of employees employed by
1-23 the agency to the extent necessary to administer this Act.
2-1 SECTION 3. Section 9A, Texas Driver and Traffic Safety
2-2 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
2-3 is amended to read as follows:
2-4 Sec. 9A. DRIVER EDUCATION CERTIFICATES. (a) The agency
2-5 shall print and supply to licensed [and exempt] driver education
2-6 schools and public school districts serially numbered driver
2-7 education certificates to be used for certifying completion of an
2-8 approved driver education course for the purposes of Section
2-9 521.204, Transportation Code [7(a), Chapter 173, Acts of the 47th
2-10 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
2-11 Civil Statutes)]. The agency by rule shall provide for the design
2-12 and distribution of the certificates in a manner that to the
2-13 greatest extent possible prevents the unauthorized reproduction or
2-14 misuse of the certificates. The agency may charge a fee of not
2-15 more than $6 [$4] for each certificate.
2-16 (b) The agency shall establish a database that contains
2-17 information pertinent to driver education certificates that shall
2-18 be available electronically to the Department of Public Safety.
2-19 The information must include for each driver education certificate
2-20 issued:
2-21 (1) the control number and date of issuance of the
2-22 certificate;
2-23 (2) the name and identification number of the driver
2-24 education school or public school district;
2-25 (3) the name and Texas Education Agency license number
3-1 of the driver education teacher; and
3-2 (4) the name, date of birth, sex, and social security
3-3 number of the student to whom the certificate is issued.
3-4 (c) Each driver education school and public school district
3-5 shall submit electronically to the agency, at the time and in the
3-6 manner determined by the agency, the information required by
3-7 Subsection (b) of this section.
3-8 (d) The commissioner may waive the requirements in
3-9 Subsection (c) of this section for a public school district if the
3-10 commissioner determines that implementing this provision would
3-11 present a substantial hardship on the public school district.
3-12 SECTION 4. Subsection (a), Section 12, Texas Driver and
3-13 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
3-14 Civil Statutes), is amended to read as follows:
3-15 (a) To operate or do business in this state, a private
3-16 school, driver education school, or driving safety school must make
3-17 written application to the commissioner for a driver education or
3-18 driving safety school license. The application must be verified,
3-19 be in the form prescribed by the board, and include all information
3-20 required. A driving safety school shall obtain approval from the
3-21 agency for any multiple classroom locations.
3-22 SECTION 5. Subdivisions (1), (2), and (6), Subsection (b),
3-23 Section 13, Texas Driver and Traffic Safety Education Act (Article
3-24 4413(29c), Vernon's Texas Civil Statutes), are amended to read as
3-25 follows:
4-1 (1) License, application, and registration fees shall
4-2 be collected by the commissioner and deposited with the comptroller
4-3 [state treasurer]. Fees shall be sufficient to cover
4-4 administrative costs and may not be subject to refund. Fees shall
4-5 be as follows:
4-6 (A)(i) the initial fee for a driver education
4-7 school license is $1,000 plus $850 for each branch location;
4-8 (ii) the initial fee for a driving safety
4-9 school license is an appropriate amount established by the board
4-10 not to exceed $200; and
4-11 (iii) the initial fee for a course
4-12 provider license is an appropriate amount established by the board
4-13 not to exceed $2,000, except that this fee may be waived by the
4-14 agency if revenue received by the agency from the course provider
4-15 is sufficient to fund the cost of licensing the course provider;
4-16 (B) the annual renewal fee for a course
4-17 provider, driving safety school, driver education school, and
4-18 branch school is an appropriate amount established by the board not
4-19 to exceed $200, but may be waived by the agency if revenue
4-20 generated by the issuance of uniform certificates of completion and
4-21 driver education certificates is sufficient to fund the cost of
4-22 administering this Act and Subchapter B, Chapter 543,
4-23 Transportation Code [Section 143A, Uniform Act Regulating Traffic
4-24 on Highways (Article 6701d, Vernon's Texas Civil Statutes)];
4-25 (C) the fee for a change of address of a driver
5-1 education school is $180 and of a driving safety school or course
5-2 provider is $50;
5-3 (D) the fee for a change of name of:
5-4 (i) a driver education school or course
5-5 provider or an owner of a driver education school or course
5-6 provider is $100; and
5-7 (ii) a driving safety school or owner of a
5-8 driving safety school is $50;
5-9 (E) the application fee for each additional
5-10 driver education or driving safety course at a school is $25;
5-11 (F) the application fee for each director is
5-12 $30, and for each assistant director, or administrative staff
5-13 member is $15;
5-14 (G) each application for approval of a driving
5-15 safety course that has not been evaluated by the board shall be
5-16 accompanied by a nonrefundable fee of $9,000;
5-17 (H) each application for an original driver
5-18 education or driving safety instructor's license shall be
5-19 accompanied by a processing fee of $50 and an annual license fee of
5-20 $25, except that the commissioner may not collect the processing
5-21 fee from an applicant for a driver education instructor license who
5-22 is currently teaching a driver education course in a public school
5-23 in this state; and
5-24 (I) the fee for a duplicate license, which may
5-25 be issued if the original is lost or destroyed and an affidavit of
6-1 that fact is filed with the agency, shall be set by the board.
6-2 (2)(A) A driver education instructor who teaches
6-3 driver education courses in a county having a population of 50,000
6-4 or less, according to the most recent federal census, and who has
6-5 no more than 200 students annually, shall be regulated by the
6-6 agency as a school. An instructor described by this subdivision
6-7 shall submit a school application or renewal form plus all required
6-8 documentation and information to the agency. The commissioner may
6-9 waive initial school fees, annual school renewal fees, or
6-10 director's or administrative staff member's fees. An instructor
6-11 described by this subdivision is not exempt from licensing
6-12 requirements or fees.
6-13 (B) Notwithstanding Paragraph (A) of this
6-14 subdivision, the commissioner may waive the driver education school
6-15 and driver education instructor licensing requirements for a driver
6-16 education instructor described by this subdivision. A waiver under
6-17 this paragraph is valid for not more than one year and may be
6-18 granted to a driver education instructor on only one occasion.
6-19 (6) Fees collected under this subsection shall be
6-20 deposited in the Texas Driver and Traffic Safety Education Account
6-21 [state treasury in a special account] in the General Revenue Fund.
6-22 Money in the account may be appropriated only for [payment of
6-23 monetary awards for information concerning abuse of the driver
6-24 education or uniform certificates of completion that leads to the
6-25 conviction or removal of an approval, license, or authorization and
7-1 for] the administration of this Act [and Section 143A, Uniform Act
7-2 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
7-3 Statutes). This dedication is exempt from the application of
7-4 Sections 403.094 and 403.095, Government Code]. The agency shall
7-5 adopt rules and establish sufficient fees to cover the costs of
7-6 administering this Act.
7-7 SECTION 6. The Texas Driver and Traffic Safety Education Act
7-8 (Article 4413(29c), Vernon's Texas Civil Statutes) is amended by
7-9 adding Section 16A to read as follows:
7-10 Sec. 16A. SUBPOENAS. (a) The commissioner may issue a
7-11 subpoena or subpoena duces tecum for purposes of:
7-12 (1) conducting an investigation or contested
7-13 proceeding related to:
7-14 (A) alleged misconduct by a person or school
7-15 regulated by this Act; or
7-16 (B) an alleged violation of this Act or another
7-17 law related to driver education, driver training, or driver safety
7-18 education;
7-19 (2) issuing, suspending, restricting, revoking, or
7-20 canceling a license authorized by this Act; or
7-21 (3) denying or granting an application for a license
7-22 under this Act.
7-23 (b) Failure to timely comply with a subpoena issued under
7-24 this section is a ground for disciplinary action by the agency and
7-25 a ground for the denial of a license application.
8-1 SECTION 7. Subsection (c), Section 25, Texas Driver and
8-2 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
8-3 Civil Statutes), is amended to read as follows:
8-4 (c) A peer review ordered under this section shall be
8-5 conducted by a peer review team composed of knowledgeable persons
8-6 selected by the agency. The team shall provide the agency with an
8-7 objective assessment of the policies and procedures of a school or
8-8 course provider and an assessment of the content of the school's or
8-9 course provider's curriculum and its application. The costs of
8-10 providing a peer review team shall be paid by the school or course
8-11 provider, as appropriate.
8-12 SECTION 8. Section 521.204, Transportation Code, is amended
8-13 to conform to Section 25, Chapter 1009, Acts of the 74th
8-14 Legislature, 1995, and further amended to read as follows:
8-15 Sec. 521.204. RESTRICTIONS ON MINOR. The department may
8-16 issue a Class C driver's license to an applicant under 18 years of
8-17 age only if the applicant:
8-18 (1) is 16 years of age or older;
8-19 (2) has submitted to the department a driver education
8-20 certificate issued under Section 9A, Texas Driver and Traffic
8-21 Safety Education Act (Article 4413(29c), Vernon's Texas Civil
8-22 Statutes), that states that the person has completed and passed a
8-23 driver education [training] course approved by the department under
8-24 Section 521.205 or by the Texas [Central] Education Agency;
8-25 (3) has obtained a high school diploma or its
9-1 equivalent or is a student:
9-2 (A) enrolled in a public or private school who
9-3 attended school for at least 90 percent of the days class was
9-4 offered at the school [80 days] in the fall or spring semester
9-5 preceding the date of the driver's license application; or
9-6 (B) who has been enrolled for at least 45 days,
9-7 and is enrolled as of the date of the application, in a program to
9-8 prepare persons to pass the high school equivalency exam; and
9-9 (4) has passed the examination required by Section
9-10 521.161.
9-11 SECTION 9. Subchapter K, Chapter 521, Transportation Code,
9-12 is amended by adding Section 521.2221 to read as follows:
9-13 Sec. 521.2221. TEMPORARY INSTRUCTION PERMIT. (a) A
9-14 licensed driver education school or public school district may
9-15 issue, as an instruction permit under Section 521.222, the
9-16 certificate obtained by the school for the person to whom it is
9-17 issued from the Texas Education Agency under Section 9A, Texas
9-18 Driver and Traffic Safety Education Act (Article 4413(29c),
9-19 Vernon's Texas Civil Statutes), or a part of that certificate as
9-20 the Texas Education Agency by rule provides. The certificate or
9-21 part of the certificate expires as an instruction permit on the
9-22 31st day after the date the certificate is issued as a permit.
9-23 (b) In addition to the other requirements for the operation
9-24 of a motor vehicle by an instruction permit holder under Section
9-25 521.222, the holder of a temporary instruction permit issued under
10-1 Subsection (a) may only operate a motor vehicle on a highway while
10-2 accompanied by a person occupying the seat by the operator who is:
10-3 (1) the permit holder's parent or legal guardian; or
10-4 (2) a licensed driver education instructor.
10-5 SECTION 10. Section 29.902, Education Code, is amended to
10-6 read as follows:
10-7 Sec. 29.902. DRIVER EDUCATION. (a) The agency shall
10-8 develop a program of organized instruction in driver education and
10-9 traffic safety for public school students consistent with the Texas
10-10 Driver and Traffic Safety Education Act (Article 4413(29c),
10-11 Vernon's Texas Civil Statutes). A student who will be 15 years of
10-12 age or older before a driver education and traffic safety course
10-13 ends may enroll in the course.
10-14 (b) The agency shall establish standards, consistent with
10-15 the Texas Driver and Traffic Safety Education Act (Article
10-16 4413(29c), Vernon's Texas Civil Statutes), for the certification of
10-17 professional and paraprofessional personnel licensed under Section
10-18 13(b)(1)(H) of that Act who conduct the programs in the public
10-19 schools.
10-20 SECTION 11. This Act does not affect the approval by the
10-21 Department of Public Safety of the State of Texas of a driver
10-22 training course given by a parent or legal guardian under Section
10-23 7A, Chapter 173, Acts of the 47th Legislature, Regular Session,
10-24 1941 (Article 6687b, Vernon's Texas Civil Statutes), as added by
10-25 Section 30, Chapter 1009, Acts of the 74th Legislature, 1995.
11-1 SECTION 12. (a) In addition to the substantive changes made
11-2 by this Act, this Act conforms Section 521.204, Transportation
11-3 Code, to Section 25, Chapter 1009, Acts of the 74th Legislature,
11-4 1995.
11-5 (b) Section 25, Chapter 1009, Acts of the 74th Legislature,
11-6 1995, is repealed.
11-7 (c) To the extent of any conflict, this Act prevails over
11-8 another Act of the 75th Legislature, Regular Session, 1997,
11-9 relating to nonsubstantive additions to and corrections in enacted
11-10 codes.
11-11 SECTION 13. This Act takes effect September 1, 1997.
11-12 SECTION 14. The importance of this legislation and the
11-13 crowded condition of the calendars in both houses create an
11-14 emergency and an imperative public necessity that the
11-15 constitutional rule requiring bills to be read on three several
11-16 days in each house be suspended, and this rule is hereby suspended.
11-17 COMMITTEE AMENDMENT NO. 1
11-18 Amend S.B. 255 as follows:
11-19 On page 9, lines 11-25, and page 10, lines 1-4, strike
11-20 SECTION 9 of the bill.
11-21 Oakley