By Harris S.B. No. 255
75R1633 BEM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of driver's training courses.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 3(18), Texas Driver and Traffic Safety
1-5 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
1-6 is amended to read as follows:
1-7 (18) "Driver education school" means an enterprise
1-8 that maintains a place of business or solicits business in this
1-9 state, that is operated by an individual, association, public
1-10 school district, partnership, or corporation for the education and
1-11 training of persons at a primary or branch location in driver
1-12 education or driver education instructor development, and that is
1-13 not specifically exempted by this Act.
1-14 SECTION 2. Section 4, Texas Driver and Traffic Safety
1-15 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
1-16 is amended by adding Subsection (c) to read as follows:
1-17 (c) The agency may employ personnel as necessary to
1-18 administer this Act. The agency is exempt from the limitations
1-19 created under Chapter 654, Government Code, and any other law
1-20 providing for a limitation on the number of employees employed by
1-21 the agency to the extent necessary to administer this Act.
1-22 SECTION 3. Section 9A, Texas Driver and Traffic Safety
1-23 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
1-24 is amended to read as follows:
2-1 Sec. 9A. DRIVER EDUCATION CERTIFICATES. (a) The agency
2-2 shall print and supply to licensed and exempt driver education
2-3 schools serially numbered driver education certificates to be used
2-4 for certifying completion of an approved driver education course
2-5 for the purposes of Section 521.204, Transportation Code [7(a),
2-6 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
2-7 (Article 6687b, Vernon's Texas Civil Statutes)]. The agency by
2-8 rule shall provide for the design and distribution of the
2-9 certificates in a manner that to the greatest extent possible
2-10 prevents the unauthorized reproduction or misuse of the
2-11 certificates. The agency may charge a fee of not more than $4 for
2-12 each certificate.
2-13 (b) The agency shall establish a database that contains
2-14 information pertinent to driver education certificates that shall
2-15 be available electronically to the Department of Public Safety.
2-16 The information must include for each driver education certificate
2-17 issued:
2-18 (1) the control number and date of issuance of the
2-19 certificate;
2-20 (2) the name and identification number of the driver
2-21 education school;
2-22 (3) the name and Texas Education Agency license number
2-23 of the driver education teacher; and
2-24 (4) the name, date of birth, sex, and social security
2-25 number of the student to whom the certificate is issued.
2-26 (c) Each driver education school shall submit electronically
2-27 to the agency, at the time and in the manner determined by the
3-1 agency, the information required by Subsection (b) of this section.
3-2 SECTION 4. Section 12(a), Texas Driver and Traffic Safety
3-3 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
3-4 is amended to read as follows:
3-5 (a) To operate or do business in this state, a public school
3-6 district, private school, driver education school, or driving
3-7 safety school must make written application to the commissioner
3-8 for a driver education or driving safety school license. The
3-9 application must be verified, be in the form prescribed by the
3-10 board, and include all information required. A driving safety
3-11 school shall obtain approval from the agency for any multiple
3-12 classroom locations.
3-13 SECTION 5. Sections 13(b)(1) and (g)(1), Texas Driver and
3-14 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
3-15 Civil Statutes), are amended to read as follows:
3-16 (b)(1) License, application, and registration fees shall be
3-17 collected by the commissioner and deposited with the state
3-18 treasurer. Fees shall be sufficient to cover administrative costs
3-19 and may not be subject to refund. Fees shall be as follows:
3-20 (A)(i) the initial fee for a driver education
3-21 school license is $1,000 plus $850 for each branch location, except
3-22 that a public school district applying for a driver education
3-23 school license is not required to pay the initial fee;
3-24 (ii) the initial fee for a driving safety
3-25 school license is an appropriate amount established by the board
3-26 not to exceed $200; and
3-27 (iii) the initial fee for a course
4-1 provider license is an appropriate amount established by the board
4-2 not to exceed $2,000, except that this fee may be waived by the
4-3 agency if revenue received by the agency from the course provider
4-4 is sufficient to fund the cost of licensing the course provider;
4-5 (B) the annual renewal fee for a course
4-6 provider, driving safety school, driver education school, and
4-7 branch school is an appropriate amount established by the board not
4-8 to exceed $200, but may be waived by the agency if revenue
4-9 generated by the issuance of uniform certificates of completion and
4-10 driver education certificates is sufficient to fund the cost of
4-11 administering this Act and Subchapter B, Chapter 543,
4-12 Transportation Code [Section 143A, Uniform Act Regulating Traffic
4-13 on Highways (Article 6701d, Vernon's Texas Civil Statutes)];
4-14 (C) the fee for a change of address of a driver
4-15 education school is $180 and of a driving safety school or course
4-16 provider is $50;
4-17 (D) the fee for a change of name of:
4-18 (i) a driver education school or course
4-19 provider or an owner of a driver education school or course
4-20 provider is $100; and
4-21 (ii) a driving safety school or owner of a
4-22 driving safety school is $50;
4-23 (E) the application fee for each additional
4-24 driver education or driving safety course at a school is $25;
4-25 (F) the application fee for each director is
4-26 $30, and for each assistant director, or administrative staff
4-27 member is $15;
5-1 (G) each application for approval of a driving
5-2 safety course that has not been evaluated by the board shall be
5-3 accompanied by a nonrefundable fee of $9,000;
5-4 (H) each application for an original driver
5-5 education or driving safety instructor's license shall be
5-6 accompanied by a processing fee of $50 and an annual license fee of
5-7 $25, except that the commissioner may not collect the processing
5-8 fee from an applicant for a driver education instructor license who
5-9 is currently teaching a driver education course in a public school
5-10 in this state; and
5-11 (I) the fee for a duplicate license, which may
5-12 be issued if the original is lost or destroyed and an affidavit of
5-13 that fact is filed with the agency, shall be set by the board.
5-14 (g)(1) Before a driver education school license may be
5-15 issued under this Act, a bond shall be provided by the school for
5-16 the period for which the license is to be issued, and the
5-17 obligation of the bond shall be that neither a provision of this
5-18 Act nor any rule adopted under this Act shall be violated by the
5-19 school or any of its officers, agents, or employees. A driver
5-20 education school shall submit a bond in the amount of $10,000 for
5-21 its primary driver education school and $5,000 for each branch
5-22 location of the school. A bond must be a corporate surety bond
5-23 issued by a company authorized to do business in the state, be
5-24 payable to the state, and be used only for payment of a refund due
5-25 to a student or potential student. The bond shall be filed with
5-26 the commissioner and shall be in such form as shall be approved by
5-27 the commissioner. Posting of these bond amounts shall satisfy the
6-1 requirements for financial stability for driver education schools
6-2 under this Act. A public school district that teaches driver
6-3 education is not required to provide a bond under this subsection.
6-4 SECTION 6. Section 521.222, Transportation Code, is amended
6-5 to conform to Section 27, Chapter 1009, Acts of the 74th
6-6 Legislature, Regular Session, 1995, and further amended to read as
6-7 follows:
6-8 Sec. 521.222. INSTRUCTION PERMIT. (a) The department or a
6-9 driver education school licensed under the Texas Driver and Traffic
6-10 Safety Education Act (Article 4413(29c), Vernon's Texas Civil
6-11 Statutes) may issue an instruction permit, including a Class A or
6-12 Class B driver's license instruction permit, to a person who:
6-13 (1) is 15 years of age or older but under 18 years of
6-14 age;
6-15 (2) has satisfactorily completed and passed the
6-16 classroom phase of an approved driver education course, which may
6-17 be a course approved under Section 521.205;
6-18 (3) meets the requirements imposed under Section
6-19 521.204(3) [521.204]; and
6-20 (4) has passed each examination required under Section
6-21 521.161 other than the driving test.
6-22 (b) The department may issue an instruction permit to a
6-23 person 18 years of age or older who has successfully passed all
6-24 parts of the driver's examination required under Section 521.161
6-25 other than the driving test.
6-26 (c) A driver education school may issue an instruction
6-27 permit to a person 18 years of age or older who has successfully
7-1 passed:
7-2 (1) a six-hour adult classroom driver education course
7-3 approved by the Texas Education Agency; and
7-4 (2) each part of the driver's examination required by
7-5 Section 521.161 other than the driving test.
7-6 (d) A licensed driver education school may issue, as an
7-7 instruction permit under Subsection (a), the certificate obtained
7-8 by the school for the person to whom it is issued from the Texas
7-9 Education Agency under Section 9A, Texas Driver and Traffic Safety
7-10 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
7-11 or a part of that certificate as the Texas Education Agency by rule
7-12 provides. The certificate or part of the certificate expires as an
7-13 instruction permit on the 91st day after the date the certificate
7-14 is issued as a permit.
7-15 (e) An instruction permit entitles the holder to operate a
7-16 type of motor vehicle on a highway while:
7-17 (1) the permit is in the holder's possession; and
7-18 (2) the holder is accompanied by a person occupying
7-19 the seat by the operator who:
7-20 (A) holds a license that qualifies the operator
7-21 to operate that type of vehicle;
7-22 (B) is 18 years of age or older; and
7-23 (C) has at least one year of driving experience.
7-24 (f) [(d)] An instruction permit is not required to include a
7-25 photograph.
7-26 SECTION 7. Section 29.902(b), Education Code, is amended to
7-27 read as follows:
8-1 (b) The agency shall establish standards consistent with the
8-2 Texas Driver and Traffic Safety Education Act (Article 4413(29c),
8-3 Vernon's Texas Civil Statutes), for the certification of
8-4 professional and paraprofessional personnel who conduct the
8-5 programs in the public schools.
8-6 SECTION 8. (a) In addition to the substantive changes made
8-7 by this Act, this Act conforms Section 521.222, Transportation
8-8 Code, to Section 27, Chapter 1009, Acts of the 74th Legislature,
8-9 Regular Session, 1995.
8-10 (b) Section 27, Chapter 1009, Acts of the 74th Legislature,
8-11 Regular Session, 1995, is repealed.
8-12 (c) To the extent of any conflict, this Act prevails over
8-13 another Act of the 75th Legislature, Regular Session, 1997,
8-14 relating to nonsubstantive additions to and corrections in enacted
8-15 codes.
8-16 SECTION 9. (a) This Act takes effect September 1, 1997.
8-17 (b) The board of trustees of a public school district that
8-18 teaches driver education is not required to apply for a driver
8-19 education school license under Section 12(a), Texas Driver and
8-20 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
8-21 Civil Statutes), as amended by this Act, until January 1, 1998.
8-22 SECTION 10. The importance of this legislation and the
8-23 crowded condition of the calendars in both houses create an
8-24 emergency and an imperative public necessity that the
8-25 constitutional rule requiring bills to be read on three several
8-26 days in each house be suspended, and this rule is hereby suspended.