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.