By Culberson H.B. No. 2989
76R8952 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the suspension of driver's licenses issued to certain
1-3 public school students.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 25, Education Code, is amended by adding
1-6 Subchapter E to read as follows:
1-7 SUBCHAPTER E. SUSPENSION OF STUDENT'S DRIVER'S LICENSE FOR
1-8 FAILURE TO ATTEND SCHOOL OR MAKE SATISFACTORY PROGRESS
1-9 Sec. 25.151. DEFINITION. In this subchapter, "driver's
1-10 license" has the meaning assigned by Section 521.001,
1-11 Transportation Code.
1-12 Sec. 25.152. GROUNDS FOR SUSPENSION OF STUDENT'S DRIVER'S
1-13 LICENSE. A driver's license held by a public school student
1-14 younger than 18 years of age is subject to suspension by the
1-15 Department of Public Safety until the student's 21st birthday if
1-16 the student:
1-17 (1) in the preceding grade reporting period, has a
1-18 grade point average in academic classes that is lower than the
1-19 equivalent of 70 on a scale of 100;
1-20 (2) is absent without excuse for 10 or more
1-21 consecutive class days or consecutive partial class days during a
1-22 semester; or
1-23 (3) withdraws from the school district or
1-24 open-enrollment charter school and does not meet a criterion
2-1 described by Section 25.153(b)(2).
2-2 Sec. 25.153. PROCEDURE FOR SUSPENSION. (a) When the
2-3 records of a school district or open-enrollment charter school
2-4 indicate that a student's driver's license is subject to suspension
2-5 under Section 25.152, the district or school shall notify the
2-6 student that the license is subject to suspension. The notice must
2-7 include the grounds for suspension. If the student's driver's
2-8 license is subject to suspension under Section 25.152(2) or (3),
2-9 the notice must state that the student may avoid the suspension as
2-10 provided by Subsection (b).
2-11 (b) A student may avoid the suspension if the student, not
2-12 later than the 14th day after the date the notice is sent:
2-13 (1) resumes attendance or re-enrolls in the district
2-14 or school; or
2-15 (2) provides proof acceptable to the district or
2-16 school that the student:
2-17 (A) is enrolled at another public or private
2-18 high school;
2-19 (B) is enrolled in a course that prepares a
2-20 person to obtain a certificate of high school equivalency;
2-21 (C) has obtained a certificate of high school
2-22 equivalency; or
2-23 (D) is a home school student who is pursuing in
2-24 a bona fide manner, under the direction of the student's parent or
2-25 a person standing in parental authority, a curriculum designed to
2-26 meet basic educational goals of reading, spelling, grammar,
2-27 mathematics, and a study of good citizenship.
3-1 Sec. 25.154. HEARING. (a) A school district or
3-2 open-enrollment charter school that receives proof from a student
3-3 under Section 25.153(b)(2) shall promptly notify the student
3-4 whether the district or school considers the proof sufficient to
3-5 avoid suspension of the student's driver's license. If the
3-6 district or school notifies the student that the student's proof is
3-7 unacceptable, the district or school shall also notify the student
3-8 of the student's entitlement to a hearing under Subsection (b).
3-9 (b) Not later than the seventh day after the date notice is
3-10 sent under Subsection (a), the student may request a hearing before
3-11 the board of trustees of the school district or the person
3-12 operating the open-enrollment charter school. The request for a
3-13 hearing must be in writing and delivered to the person or office
3-14 specified in the notice.
3-15 (c) If the student requests a hearing, the hearing shall be
3-16 held in a manner that provides the student with appropriate due
3-17 process as required by the federal constitution. The board of
3-18 trustees or person operating the open-enrollment charter school
3-19 shall conduct the hearing and make a decision regarding suspension
3-20 of the student's driver's license not later than the 30th day after
3-21 the date on which the student requests the hearing.
3-22 Sec. 25.155. APPEAL. A decision under Section 25.154 of a
3-23 board of trustees or person operating an open-enrollment charter
3-24 school may be appealed by trial de novo to a statutory county court
3-25 of the county in which the school district's central administrative
3-26 office or the open-enrollment charter school is located, or, if
3-27 there is not a statutory county court, the county court.
4-1 Sec. 25.156. NOTICE TO DEPARTMENT OF PUBLIC SAFETY. (a)
4-2 The school district or open-enrollment charter school shall take
4-3 action as required by Subsection (b) if:
4-4 (1) the student's license is subject to suspension
4-5 under Section 25.152(1); or
4-6 (2) the student's license is subject to suspension
4-7 under Section 25.152(2) or (3) and:
4-8 (A) the student fails to respond to the notice
4-9 as required by Section 25.153(b)(1);
4-10 (B) the student fails to provide sufficient
4-11 proof under Section 25.153(b)(2); or
4-12 (C) the board of trustees or person operating
4-13 the open-enrollment charter school determines, after a hearing
4-14 requested under Section 25.154, that the student's driver's license
4-15 should be suspended.
4-16 (b) A school district or open-enrollment charter school
4-17 required to act by Subsection (a) shall promptly:
4-18 (1) instruct the Department of Public Safety to
4-19 suspend the license; and
4-20 (2) provide notice that informs the student that the
4-21 student's license will be suspended, directs the student to
4-22 surrender the license to the Department of Public Safety, and, if
4-23 applicable, explains to the student the steps that may be taken to
4-24 terminate the suspension of the license.
4-25 Sec. 25.157. TERMINATION OF SUSPENSION. (a) Except as
4-26 provided by Subsection (c), the Department of Public Safety shall
4-27 terminate the suspension of a driver's license under Section
5-1 25.152(1) if:
5-2 (1) a public school district, open-enrollment charter
5-3 school, or private high school notifies the department that after
5-4 the student's license was suspended, the student:
5-5 (A) completed at least two consecutive semesters
5-6 and did not in any semester have a grade point average in academic
5-7 classes that was lower than the equivalent of 70 on a scale of 100;
5-8 or
5-9 (B) graduated from high school; or
5-10 (2) the student provides the department with proof
5-11 that the student:
5-12 (A) is enrolled and making satisfactory progress
5-13 as determined by the course instructor on the basis of attendance,
5-14 completion of assignments, and good faith effort, in a course that
5-15 prepares a person to obtain a certificate of high school
5-16 equivalency; or
5-17 (B) has obtained a certificate of high school
5-18 equivalency.
5-19 (b) Except as provided by Subsection (c), the Department of
5-20 Public Safety shall terminate the suspension of a driver's license
5-21 under Section 25.152(2) or (3) if:
5-22 (1) a public school district, open-enrollment charter
5-23 school, or private high school notifies the department that the
5-24 student has returned to or enrolled in the school district or
5-25 school and:
5-26 (A) has attended classes for 30 days without an
5-27 unexcused absence in any class; or
6-1 (B) has graduated; or
6-2 (2) the student provides the department with proof
6-3 that the student:
6-4 (A) has enrolled in and is making satisfactory
6-5 progress, as determined by the course instructor on the basis of
6-6 attendance, completion of assignments, and good faith effort, in a
6-7 course that prepares a person to obtain a certificate of high
6-8 school equivalency; or
6-9 (B) has obtained a certificate of high school
6-10 equivalency.
6-11 (c) The Department of Public Safety may not, before a
6-12 student's 21st birthday, terminate the suspension of a license if
6-13 the student's license was previously suspended under this
6-14 subchapter.
6-15 Sec. 25.158. FORM OF NOTICE. Notice required to be given to
6-16 a student under this subchapter shall be sent by certified mail to
6-17 the student at the student's address as specified in the records of
6-18 the school district or open-enrollment charter school providing
6-19 notice.
6-20 Sec. 25.159. FORMS. The agency shall design standard forms
6-21 for use in notifying the Department of Public Safety that a
6-22 driver's license should be suspended under this subchapter or that
6-23 a suspension should be terminated. The standard forms must be
6-24 approved by the Department of Public Safety.
6-25 SECTION 2. Subchapter O, Chapter 521, Transportation Code,
6-26 is amended by adding Section 521.3421 to read as follows:
6-27 Sec. 521.3421. SUSPENSION OF LICENSE HELD BY STUDENT UNDER
7-1 21 YEARS OF AGE. (a) On receipt of a notification under Section
7-2 25.156(b), Education Code, concerning a person under 21 years of
7-3 age, the department shall automatically suspend the person's
7-4 driver's license.
7-5 (b) Except as provided by Section 25.152 or 25.157(c),
7-6 Education Code, the period of suspension continues until the
7-7 department receives, as appropriate:
7-8 (1) notification from a public school district,
7-9 open-enrollment charter school, or private high school under
7-10 Section 25.157(a)(1) or (b)(1), Education Code, that the suspension
7-11 should be terminated; or
7-12 (2) documentation from the student described by
7-13 Section 25.157(a)(2) or (b)(2), Education Code.
7-14 SECTION 3. Section 521.343(a), Transportation Code, is
7-15 amended to read as follows:
7-16 (a) Except as provided by Sections 521.342(b), 521.3421(b),
7-17 521.344(a), (b), (d), (e), (f), (g), (h), and (i), 521.345,
7-18 521.346, [and] 521.3465, and Sections 25.152 and 25.157(c),
7-19 Education Code, a suspension under this subchapter is for one year.
7-20 SECTION 4. (a) This Act takes effect September 1, 1999.
7-21 (b) For purposes of Section 25.152(2), Education Code, as
7-22 added by this Act, a student's absence from school that occurs
7-23 before the effective date of this Act is not aggregated with
7-24 absences that occur on or after the effective date of this Act.
7-25 SECTION 5. The importance of this legislation and the
7-26 crowded condition of the calendars in both houses create an
7-27 emergency and an imperative public necessity that the
8-1 constitutional rule requiring bills to be read on three several
8-2 days in each house be suspended, and this rule is hereby suspended.