1-1 By: Harris S.B. No. 255
1-2 (In the Senate - Filed January 21, 1997; January 23, 1997,
1-3 read first time and referred to Committee on State Affairs;
1-4 March 10, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 13, Nays 0; March 10, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 255 By: Nixon
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the regulation of driver's training courses and to
1-11 certificates issued on completion of such courses.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subdivisions (18) and (21), Section 3, Texas
1-14 Driver and Traffic Safety Education Act (Article 4413(29c),
1-15 Vernon's Texas Civil Statutes), are amended to read as follows:
1-16 (18) "Driver education school" means an enterprise
1-17 that maintains a place of business or solicits business in this
1-18 state, that is operated by an individual, association, public
1-19 school district, partnership, or corporation for the education and
1-20 training of persons at a primary or branch location in driver
1-21 education or driver education instructor development, and that is
1-22 not specifically exempted by this Act.
1-23 (21) "Driving safety school" means an enterprise that
1-24 maintains a place of business or solicits business in this state,
1-25 that is operated by an individual, association, political
1-26 subdivision, partnership, or corporation for the education and
1-27 training of persons in driving safety, and that is not specifically
1-28 exempted by this Act. A driving safety school may use multiple
1-29 classroom locations to teach a driving safety course if each
1-30 location is approved by the parent school and the agency and bears
1-31 the same name and has the same ownership as the parent school.
1-32 SECTION 2. Section 4, Texas Driver and Traffic Safety
1-33 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
1-34 is amended by adding Subsection (c) to read as follows:
1-35 (c) The agency may employ personnel as necessary to
1-36 administer this Act. The agency is exempt from the limitations
1-37 created under Chapter 654, Government Code, and any other law
1-38 providing for a limitation on the number of employees employed by
1-39 the agency to the extent necessary to administer this Act.
1-40 SECTION 3. Section 9A, Texas Driver and Traffic Safety
1-41 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
1-42 is amended to read as follows:
1-43 Sec. 9A. DRIVER EDUCATION CERTIFICATES. (a) The agency
1-44 shall print and supply to licensed [and exempt] driver education
1-45 schools and public school districts serially numbered driver
1-46 education certificates to be used for certifying completion of an
1-47 approved driver education course for the purposes of Section
1-48 521.204, Transportation Code [7(a), Chapter 173, Acts of the 47th
1-49 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
1-50 Civil Statutes)]. The agency by rule shall provide for the design
1-51 and distribution of the certificates in a manner that to the
1-52 greatest extent possible prevents the unauthorized reproduction or
1-53 misuse of the certificates. The agency may charge a fee of not
1-54 more than $6 [$4] for each certificate.
1-55 (b) The agency shall establish a database that contains
1-56 information pertinent to driver education certificates that shall
1-57 be available electronically to the Department of Public Safety.
1-58 The information must include for each driver education certificate
1-59 issued:
1-60 (1) the control number and date of issuance of the
1-61 certificate;
1-62 (2) the name and identification number of the driver
1-63 education school or public school district;
1-64 (3) the name and Texas Education Agency license number
2-1 of the driver education teacher; and
2-2 (4) the name, date of birth, sex, and social security
2-3 number of the student to whom the certificate is issued.
2-4 (c) Each driver education school and public school district
2-5 shall submit electronically to the agency, at the time and in the
2-6 manner determined by the agency, the information required by
2-7 Subsection (b) of this section.
2-8 SECTION 4. Subsection (a), Section 12, Texas Driver and
2-9 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
2-10 Civil Statutes), is amended to read as follows:
2-11 (a) To operate or do business in this state, a private
2-12 school, driver education school, or driving safety school must make
2-13 written application to the commissioner for a driver education or
2-14 driving safety school license. The application must be verified,
2-15 be in the form prescribed by the board, and include all information
2-16 required. A driving safety school shall obtain approval from the
2-17 agency for any multiple classroom locations.
2-18 SECTION 5. Subdivisions (1), (2), and (6), Subsection (b),
2-19 Section 13, Texas Driver and Traffic Safety Education Act (Article
2-20 4413(29c), Vernon's Texas Civil Statutes), are amended to read as
2-21 follows:
2-22 (1) License, application, and registration fees shall
2-23 be collected by the commissioner and deposited with the comptroller
2-24 [state treasurer]. Fees shall be sufficient to cover
2-25 administrative costs and may not be subject to refund. Fees shall
2-26 be as follows:
2-27 (A)(i) the initial fee for a driver education
2-28 school license is $1,000 plus $850 for each branch location;
2-29 (ii) the initial fee for a driving safety
2-30 school license is an appropriate amount established by the board
2-31 not to exceed $200; and
2-32 (iii) the initial fee for a course
2-33 provider license is an appropriate amount established by the board
2-34 not to exceed $2,000, except that this fee may be waived by the
2-35 agency if revenue received by the agency from the course provider
2-36 is sufficient to fund the cost of licensing the course provider;
2-37 (B) the annual renewal fee for a course
2-38 provider, driving safety school, driver education school, and
2-39 branch school is an appropriate amount established by the board not
2-40 to exceed $200, but may be waived by the agency if revenue
2-41 generated by the issuance of uniform certificates of completion and
2-42 driver education certificates is sufficient to fund the cost of
2-43 administering this Act and Subchapter B, Chapter 543,
2-44 Transportation Code [Section 143A, Uniform Act Regulating Traffic
2-45 on Highways (Article 6701d, Vernon's Texas Civil Statutes)];
2-46 (C) the fee for a change of address of a driver
2-47 education school is $180 and of a driving safety school or course
2-48 provider is $50;
2-49 (D) the fee for a change of name of:
2-50 (i) a driver education school or course
2-51 provider or an owner of a driver education school or course
2-52 provider is $100; and
2-53 (ii) a driving safety school or owner of a
2-54 driving safety school is $50;
2-55 (E) the application fee for each additional
2-56 driver education or driving safety course at a school is $25;
2-57 (F) the application fee for each director is
2-58 $30, and for each assistant director, or administrative staff
2-59 member is $15;
2-60 (G) each application for approval of a driving
2-61 safety course that has not been evaluated by the board shall be
2-62 accompanied by a nonrefundable fee of $9,000;
2-63 (H) each application for an original driver
2-64 education or driving safety instructor's license shall be
2-65 accompanied by a processing fee of $50 and an annual license fee of
2-66 $25, except that the commissioner may not collect the processing
2-67 fee from an applicant for a driver education instructor license who
2-68 is currently teaching a driver education course in a public school
2-69 in this state; and
3-1 (I) the fee for a duplicate license, which may
3-2 be issued if the original is lost or destroyed and an affidavit of
3-3 that fact is filed with the agency, shall be set by the board.
3-4 (2)(A) A driver education instructor who teaches
3-5 driver education courses in a county having a population of 50,000
3-6 or less, according to the most recent federal census, and who has
3-7 no more than 200 students annually, shall be regulated by the
3-8 agency as a school. An instructor described by this subdivision
3-9 shall submit a school application or renewal form plus all required
3-10 documentation and information to the agency. The commissioner may
3-11 waive initial school fees, annual school renewal fees, or
3-12 director's or administrative staff member's fees. An instructor
3-13 described by this subdivision is not exempt from licensing
3-14 requirements or fees.
3-15 (B) Notwithstanding Paragraph (A) of this
3-16 subdivision, the commissioner may waive the driver education school
3-17 and driver education instructor licensing requirements for a driver
3-18 education instructor described by this subdivision. A waiver under
3-19 this paragraph is valid for not more than one year and may be
3-20 granted to a driver education instructor on only one occasion.
3-21 (6) Fees collected under this subsection shall be
3-22 deposited in the Texas Driver and Traffic Safety Education Account
3-23 [state treasury in a special account] in the General Revenue Fund.
3-24 Money in the account may be appropriated only for [payment of
3-25 monetary awards for information concerning abuse of the driver
3-26 education or uniform certificates of completion that leads to the
3-27 conviction or removal of an approval, license, or authorization and
3-28 for] the administration of this Act [and Section 143A, Uniform Act
3-29 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
3-30 Statutes). This dedication is exempt from the application of
3-31 Sections 403.094 and 403.095, Government Code]. The agency shall
3-32 adopt rules and establish sufficient fees to cover the costs of
3-33 administering this Act.
3-34 SECTION 6. The Texas Driver and Traffic Safety Education Act
3-35 (Article 4413(29c), Vernon's Texas Civil Statutes) is amended by
3-36 adding Section 16A to read as follows:
3-37 Sec. 16A. SUBPOENAS. (a) The commissioner may issue a
3-38 subpoena or subpoena duces tecum for purposes of:
3-39 (1) conducting an investigation or contested
3-40 proceeding related to:
3-41 (A) alleged misconduct by a person or school
3-42 regulated by this Act; or
3-43 (B) an alleged violation of this Act or another
3-44 law related to driver education, driver training, or driver safety
3-45 education;
3-46 (2) issuing, suspending, restricting, revoking, or
3-47 canceling a license authorized by this Act; or
3-48 (3) denying or granting an application for a license
3-49 under this Act.
3-50 (b) Failure to timely comply with a subpoena issued under
3-51 this section is a ground for disciplinary action by the agency and
3-52 a ground for the denial of a license application.
3-53 SECTION 7. Subsection (c), Section 25, Texas Driver and
3-54 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
3-55 Civil Statutes), is amended to read as follows:
3-56 (c) A peer review ordered under this section shall be
3-57 conducted by a peer review team composed of knowledgeable persons
3-58 selected by the agency. The team shall provide the agency with an
3-59 objective assessment of the policies and procedures of a school or
3-60 course provider and an assessment of the content of the school's or
3-61 course provider's curriculum and its application. The costs of
3-62 providing a peer review team shall be paid by the school or course
3-63 provider, as appropriate.
3-64 SECTION 8. Section 521.204, Transportation Code, is amended
3-65 to conform to Section 25, Chapter 1009, Acts of the 74th
3-66 Legislature, 1995, and further amended to read as follows:
3-67 Sec. 521.204. RESTRICTIONS ON MINOR. The department may
3-68 issue a Class C driver's license to an applicant under 18 years of
3-69 age only if the applicant:
4-1 (1) is 16 years of age or older;
4-2 (2) has submitted to the department a driver education
4-3 certificate issued under Section 9A, Texas Driver and Traffic
4-4 Safety Education Act (Article 4413(29c), Vernon's Texas Civil
4-5 Statutes), that states that the person has completed and passed a
4-6 driver education [training] course approved by the department under
4-7 Section 521.205 or by the Texas [Central] Education Agency;
4-8 (3) has obtained a high school diploma or its
4-9 equivalent or is a student:
4-10 (A) enrolled in a public or private school who
4-11 attended school for at least 90 percent of the days class was
4-12 offered at the school [80 days] in the fall or spring semester
4-13 preceding the date of the driver's license application; or
4-14 (B) who has been enrolled for at least 45 days,
4-15 and is enrolled as of the date of the application, in a program to
4-16 prepare persons to pass the high school equivalency exam; and
4-17 (4) has passed the examination required by Section
4-18 521.161.
4-19 SECTION 9. Subchapter K, Chapter 521, Transportation Code,
4-20 is amended by adding Section 521.2221 to read as follows:
4-21 Sec. 521.2221. TEMPORARY INSTRUCTION PERMIT. (a) A
4-22 licensed driver education school or public school district may
4-23 issue, as an instruction permit under Section 521.222, the
4-24 certificate obtained by the school for the person to whom it is
4-25 issued from the Texas Education Agency under Section 9A, Texas
4-26 Driver and Traffic Safety Education Act (Article 4413(29c),
4-27 Vernon's Texas Civil Statutes), or a part of that certificate as
4-28 the Texas Education Agency by rule provides. The certificate or
4-29 part of the certificate expires as an instruction permit on the
4-30 31st day after the date the certificate is issued as a permit.
4-31 (b) In addition to the other requirements for the operation
4-32 of a motor vehicle by an instruction permit holder under Section
4-33 521.222, the holder of a temporary instruction permit issued under
4-34 Subsection (a) may only operate a motor vehicle on a highway while
4-35 accompanied by a person occupying the seat by the operator who is:
4-36 (1) the permit holder's parent or legal guardian; or
4-37 (2) a licensed driver education instructor.
4-38 SECTION 10. Section 29.902, Education Code, is amended to
4-39 read as follows:
4-40 Sec. 29.902. DRIVER EDUCATION. (a) The agency shall
4-41 develop a program of organized instruction in driver education and
4-42 traffic safety for public school students consistent with the Texas
4-43 Driver and Traffic Safety Education Act (Article 4413(29c),
4-44 Vernon's Texas Civil Statutes). A student who will be 15 years of
4-45 age or older before a driver education and traffic safety course
4-46 ends may enroll in the course.
4-47 (b) The agency shall establish standards, consistent with
4-48 the Texas Driver and Traffic Safety Education Act (Article
4-49 4413(29c), Vernon's Texas Civil Statutes), for the certification of
4-50 professional and paraprofessional personnel licensed under Section
4-51 13(b)(1)(H) of that Act who conduct the programs in the public
4-52 schools.
4-53 SECTION 11. (a) In addition to the substantive changes made
4-54 by this Act, this Act conforms Section 521.204, Transportation
4-55 Code, to Section 25, Chapter 1009, Acts of the 74th Legislature,
4-56 1995.
4-57 (b) Section 25, Chapter 1009, Acts of the 74th Legislature,
4-58 1995, is repealed.
4-59 (c) To the extent of any conflict, this Act prevails over
4-60 another Act of the 75th Legislature, Regular Session, 1997,
4-61 relating to nonsubstantive additions to and corrections in enacted
4-62 codes.
4-63 SECTION 12. This Act takes effect September 1, 1997.
4-64 SECTION 13. The importance of this legislation and the
4-65 crowded condition of the calendars in both houses create an
4-66 emergency and an imperative public necessity that the
4-67 constitutional rule requiring bills to be read on three several
4-68 days in each house be suspended, and this rule is hereby suspended.