By Harris S.B. No. 328
76R3570 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of driver's training courses and the
1-3 issuance of certain driver's licenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Texas Driver and Traffic Safety
1-6 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
1-7 as added by Chapter 835, Acts of the 72nd Legislature, Regular
1-8 Session, 1991, is redesignated as Section 1A and amended to read as
1-9 follows:
1-10 Sec. 1A [2]. PURPOSE AND OBJECTIVES. Traffic crashes in
1-11 Texas annually take the lives of thousands of people and cause
1-12 billions of dollars in economic losses. These alarming facts make
1-13 safe driving a concern for all citizens of the state. Deaths,
1-14 injuries, and property damage must be reduced. The attitudes and
1-15 skills of drivers must be improved through effective driver
1-16 education and training. It is a matter of vital public
1-17 importance to identify and implement all reasonable means to reduce
1-18 the toll in human suffering and property loss that is inflicted by
1-19 vehicle crashes. The purpose of this Act is to improve driver
1-20 knowledge and skills through the licensing and regulation by the
1-21 Texas [Central] Education Agency of driver training schools and
1-22 driver training instructors in Texas. It is additionally intended
1-23 that state agency rules affecting schools that qualify as small
1-24 businesses be established and administered so as to have the least
2-1 possible adverse economic effect on those establishments.
2-2 SECTION 2. Section 3, Texas Driver and Traffic Safety
2-3 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
2-4 is amended to read as follows:
2-5 Sec. 3. DEFINITIONS. In this Act:
2-6 (1) "Agency" means the Texas [Central] Education
2-7 Agency, acting directly or through its authorized officers and
2-8 agents.
2-9 (2) ["Board" means the State Board of Education.]
2-10 [(3)] "Commissioner" means the commissioner of
2-11 education or a person knowledgeable in the administration of
2-12 regulating driver training schools and designated by the
2-13 commissioner to administer this Act.
2-14 (3) [(4)] "Driver education" means a nonvocational
2-15 course of instruction that provides the knowledge and hands-on
2-16 experience to prepare persons for written and practical driving
2-17 tests that lead to authorization to operate a vehicle.
2-18 (4) [(5)] "Driver training" means driver education
2-19 provided by a driver education school and driving safety training
2-20 provided by a driving safety school.
2-21 (5) [(6)] "Driving safety course" means a course of
2-22 instruction intended to improve a driver's knowledge, perceptions,
2-23 and attitudes about driving.
2-24 (6) [(7)] "School" means a driver education school or
2-25 driving safety school.
2-26 (7) [(8)] "Operator" means a person approved by a
2-27 driving safety course owner or consignee to conduct an approved
3-1 driving safety course.
3-2 (8) [(9)] "Owner" means:
3-3 (A) in the case of a school owned by an
3-4 individual, the individual;
3-5 (B) in the case of a school owned by a
3-6 partnership, all full, silent, or limited partners; or
3-7 (C) in the case of a school owned by a
3-8 corporation, the corporation, its directors, officers, and each
3-9 shareholder owning at least 10 percent of the total of the issued
3-10 and outstanding shares.
3-11 (9) [(10)] "Person" means an individual, firm,
3-12 partnership, association, corporation, or other private entity or
3-13 combination of persons.
3-14 (10) [(11)] "School employee" means any person, other
3-15 than an owner, who directly or indirectly receives compensation
3-16 from the school for instructional or other services rendered.
3-17 (11) [(12)] "Support" means the primary source and
3-18 means by which a school derives revenue.
3-19 (12) [(13)] "Suspension of enrollment" means a ruling
3-20 by the commissioner that restricts a school from accepting
3-21 enrollments or reenrollments, advertising, soliciting, or directly
3-22 or indirectly advising prospective students of its program or
3-23 course offerings.
3-24 (13) [(14)] "Uniform certificate of completion" means
3-25 a document that is printed, administered, and supplied by the
3-26 agency to owners or primary consignees for issuance to students who
3-27 successfully complete an approved driving safety course and that
4-1 meets the requirements of Subchapter B, Chapter 543, Transportation
4-2 Code [Section 143A, Uniform Act Regulating Traffic on Highways
4-3 (Article 6701d, Vernon's Texas Civil Statutes)].
4-4 (14) [(15)] "Instructor" means an individual who has
4-5 been licensed by the agency for the type of instruction being
4-6 given.
4-7 (15) [(16)] "Approved driving safety course" means a
4-8 driving safety course approved by the agency [board].
4-9 (16) [(17)] "Course provider" means an enterprise that
4-10 maintains a place of business or solicits business in this state,
4-11 that is operated by an individual, association, partnership, or
4-12 corporation, and that is a driving safety course owner or primary
4-13 consignee.
4-14 (17) [(18)] "Driver education school" means an
4-15 enterprise that maintains a place of business or solicits business
4-16 in this state, that is operated by an individual, association,
4-17 partnership, [or] corporation, or public school district for the
4-18 education and training of persons at a primary or branch location
4-19 in driver education or driver education instructor development, and
4-20 that is not specifically exempted by this Act.
4-21 (18) [(19)] "Driver education school owner" means a
4-22 person who has been approved by the commissioner to own and operate
4-23 a driver education school.
4-24 (19) [(20)] "Driving safety course owner" means an
4-25 enterprise that is operated by an individual, association,
4-26 partnership, or corporation that has received an approval for a
4-27 driving safety course from the agency [board].
5-1 (20) [(21)] "Driving safety school" means an
5-2 enterprise that maintains a place of business or solicits business
5-3 in this state, that is operated by an individual, association,
5-4 partnership, or corporation for the education and training of
5-5 persons in driving safety, and that is not specifically exempted by
5-6 this Act. A driving safety school may use multiple classroom
5-7 locations to teach a driving safety course if each location is
5-8 approved by the parent school and the agency and bears the same
5-9 name and has the same ownership as the parent school.
5-10 (21) [(22)] "Primary consignee" means any enterprise
5-11 that is operated by an individual, association, partnership, or
5-12 corporation that has been designated by a driving safety course
5-13 owner to conduct business and represent the course owner in this
5-14 state.
5-15 SECTION 3. Section 4, Texas Driver and Traffic Safety
5-16 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
5-17 is amended by amending Subsection (b) and adding Subsection (c) to
5-18 read as follows:
5-19 (b) The agency shall enter into a memorandum of
5-20 understanding with the Texas Rehabilitation Commission and the
5-21 Department of Public Safety for the interagency development of
5-22 curricula and licensing criteria for hospital and rehabilitation
5-23 facilities that teach driver education. The agency shall
5-24 administer comprehensive rules governing driver education courses
5-25 adopted by mutual agreement between the agency [board], the Texas
5-26 Rehabilitation Commission, and the Department of Public Safety.
5-27 The agency shall file the rules with the secretary of state.
6-1 (c) The agency may employ personnel as necessary to
6-2 administer this Act. The agency is exempt from the limitations
6-3 created under Chapter 654, Government Code, and any other law
6-4 providing for a limitation on the number of employees employed by
6-5 the agency to the extent necessary to administer this Act.
6-6 SECTION 4. Sections 6, 8, 9, and 9A, Texas Driver and
6-7 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
6-8 Civil Statutes), are amended to read as follows:
6-9 Sec. 6. DUTIES OF COMMISSIONER. (a) The commissioner shall
6-10 carry out the policies of this Act, adopt rules necessary to
6-11 implement this Act, enforce rules adopted by the commissioner or
6-12 agency [board], and certify those schools and course providers
6-13 meeting the requirements for a driver education school license,
6-14 driving safety school license, or both, or for a course provider
6-15 license.
6-16 (b) The commissioner by rule shall establish the curriculum
6-17 [and designate the textbooks] that must be used in a driver
6-18 education course. [In addition, the commissioner may adopt and
6-19 enforce temporary rules under this Act, but the temporary rules are
6-20 valid only until the next meeting of the board.]
6-21 Sec. 8. COMPETITIVE BIDDING; ADVERTISING. (a) The agency
6-22 [board] may not adopt rules to restrict competitive bidding or
6-23 advertising by a driver training school except to prohibit false,
6-24 misleading, or deceptive competitive bidding or advertising
6-25 practices. Specifically, no rule may restrict:
6-26 (1) the use of an advertising medium;
6-27 (2) the outside dimensions of a printed advertisement
7-1 or outdoor display;
7-2 (3) the duration of an advertisement; or
7-3 (4) advertisement under a trade name.
7-4 (b) The agency [board] may adopt rules to restrict
7-5 advertising by a branch location of a school so that the branch
7-6 location adequately identifies its primary driver training school
7-7 in any solicitation.
7-8 Sec. 9. PROHIBITIONS. A person may not:
7-9 (1) operate a school that provides a driver education
7-10 course without a driver education school license issued by the
7-11 commissioner;
7-12 (2) operate a school that provides driving safety
7-13 courses without a driving safety school license issued by the
7-14 commissioner;
7-15 (3) operate as a course provider without a course
7-16 provider license issued by the commissioner;
7-17 (4) utilize advertising designed to mislead or deceive
7-18 a prospective student;
7-19 (5) fail to notify the commissioner of the
7-20 discontinuance of the operation of any school within three working
7-21 days after cessation of classes and make available accurate records
7-22 as required by this Act;
7-23 (6) issue, sell, trade, or transfer a uniform
7-24 certificate of completion or driver education certificate to any
7-25 person or school not authorized to possess it;
7-26 (7) issue, sell, trade, or transfer:
7-27 (A) a uniform certificate of completion to a
8-1 person who has not successfully completed an approved, six-hour
8-2 driving safety course; or
8-3 (B) except as provided by Section 521.2225,
8-4 Transportation Code, a driver education certificate to a person who
8-5 has not successfully completed an agency-approved [a
8-6 board-approved] driver education course;
8-7 (8) negotiate any promissory instrument received as
8-8 payment of tuition or other charge before completion of 75 percent
8-9 of the course, except that before that time, the instrument may be
8-10 assigned to a purchaser who will be subject to all the defenses
8-11 available against the school named as payee;
8-12 (9) conduct any part of an approved driver education
8-13 or driving safety course without an instructor who is physically
8-14 present in appropriate proximity to the student for the type of
8-15 instruction being given; or
8-16 (10) violate any provision of this Act.
8-17 Sec. 9A. DRIVER EDUCATION CERTIFICATES. (a) The agency
8-18 shall print and supply to licensed and exempt driver education
8-19 schools serially numbered driver education certificates to be used
8-20 for certifying completion of an approved driver education course
8-21 for the purposes of Section 521.204, Transportation Code [7(a),
8-22 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
8-23 (Article 6687b, Vernon's Texas Civil Statutes)]. The agency by
8-24 rule shall provide for the design and distribution of the
8-25 certificates in a manner that to the greatest extent possible
8-26 prevents the unauthorized reproduction or misuse of the
8-27 certificates. The agency may charge a fee of not more than $4 for
9-1 each certificate.
9-2 (b) The agency shall establish a database that contains
9-3 information pertinent to driver education certificates and shall
9-4 make the database available electronically to the Department of
9-5 Public Safety. The information must include for each driver
9-6 education certificate issued:
9-7 (1) the control number and date of issuance of the
9-8 certificate;
9-9 (2) the name and identification number of the driver
9-10 education school;
9-11 (3) the name and agency license number of the driver
9-12 education instructor; and
9-13 (4) the name, date of birth, sex, and social security
9-14 number of the student to whom the certificate is issued.
9-15 (c) Each driver education school shall submit electronically
9-16 to the agency, at the time and in the manner determined by the
9-17 agency, the information required by Subsection (b) of this section.
9-18 SECTION 5. Section 12(a), Texas Driver and Traffic Safety
9-19 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
9-20 is amended to read as follows:
9-21 (a) To operate or do business in this state, a public school
9-22 district, driver education school, or driving safety school must
9-23 make written application to the commissioner for a driver
9-24 education or driving safety school license. The application must
9-25 be verified, be in the form prescribed by the agency [board], and
9-26 include all information required. A driving safety school shall
9-27 obtain approval from the agency for any multiple classroom
10-1 locations.
10-2 SECTION 6. Sections 13(a), (a-1), and (a-2), Texas Driver
10-3 and Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
10-4 Civil Statutes), are amended to read as follows:
10-5 (a) The commissioner shall approve the application of a
10-6 driver education school when the school is found, on investigation
10-7 at the premises of the school, to meet the following criteria:
10-8 (1) the courses, curriculum, and instruction are of
10-9 such quality, content, and length as may reasonably and adequately
10-10 achieve the stated objective for which the courses, curriculum, and
10-11 instruction are offered;
10-12 (2) there are in the school, and in the provision for
10-13 behind-the-wheel instruction, adequate space, equipment,
10-14 instructional material, and instructors to provide training of good
10-15 quality;
10-16 (3) educational and experience qualifications of
10-17 directors, instructors, and administrators are adequate;
10-18 (4) a copy of the schedule of tuition, fees, refund
10-19 policy, and other charges, regulations pertaining to absence,
10-20 grading policy, and rules of operation and conduct, and the name,
10-21 mailing address, and telephone number of the agency for the purpose
10-22 of directing complaints to the agency is furnished to each student
10-23 before enrollment;
10-24 (5) on completion of training, each student is given a
10-25 certificate by the school indicating the course name and
10-26 satisfactory completion;
10-27 (6) adequate records as prescribed by the commissioner
11-1 are kept to show attendance and progress or grades, and
11-2 satisfactory standards relating to attendance, progress, and
11-3 conduct are enforced;
11-4 (7) the school complies with all county, municipal,
11-5 state, and federal regulations, including fire, building, and
11-6 sanitation codes and assumed name registration;
11-7 (8) the school is financially sound and capable of
11-8 fulfilling its commitments for training;
11-9 (9) the school's administrators, directors, owners,
11-10 and instructors are of good reputation and character;
11-11 (10) the school has, maintains, and publishes as part
11-12 of its student enrollment contract the proper policy for the refund
11-13 of the unused portion of tuition, fees, and other charges if a
11-14 student enrolled by the school fails to take the course or
11-15 withdraws or is discontinued from the school at any time before
11-16 completion;
11-17 (11) the school does not use erroneous or misleading
11-18 advertising, either by actual statement, omission, or intimation,
11-19 as determined by the agency [board];
11-20 (12) the school does not use a name like or similar to
11-21 the name of another existing school or tax-supported educational
11-22 establishment in this state, unless specifically approved in
11-23 writing by the commissioner;
11-24 (13) the school submits to the agency for approval the
11-25 applicable course hour lengths and curriculum content for each
11-26 course offered by the school;
11-27 (14) the school does not owe a civil penalty under
12-1 this Act; and
12-2 (15) additional criteria as may be required by the
12-3 agency.
12-4 (a-1) The commissioner shall approve the application of a
12-5 driving safety school if on investigation the agency finds that:
12-6 (1) the school presents the driving safety course,
12-7 curriculum, and instruction in a quality, content, and length that
12-8 reasonably and adequately achieve the stated objective for which
12-9 the course, curriculum, and instruction are developed by the course
12-10 provider;
12-11 (2) the school has adequate space, equipment,
12-12 instructional material, and instructors to provide training of good
12-13 quality;
12-14 (3) the school's instructors and administrators have
12-15 adequate educational and experience qualifications;
12-16 (4) the school keeps and maintains adequate records as
12-17 prescribed by the commissioner to show attendance and progress of
12-18 grades and that satisfactory standards relating to attendance,
12-19 progress, and conduct are enforced;
12-20 (5) the school complies with all county, municipal,
12-21 state, and federal law, including fire, building, and sanitation
12-22 codes and assumed name registration;
12-23 (6) the school's administrators, owners, and
12-24 instructors are of good reputation and character;
12-25 (7) the school does not use erroneous or misleading
12-26 advertising, either by actual statement, omission, or intimation,
12-27 as determined by the agency [board];
13-1 (8) the school does not use a name like or similar to
13-2 the name of another existing school or tax-supported educational
13-3 establishment in this state unless specifically approved in writing
13-4 by the commissioner;
13-5 (9) the school has, maintains, and uses the approved
13-6 contract and policies developed by the course provider;
13-7 (10) the school does not owe a civil penalty under
13-8 this Act;
13-9 (11) the school will not provide a driving safety
13-10 course to any person for a cost less than $25; and
13-11 (12) the school meets additional criteria required by
13-12 the agency [board].
13-13 (a-2) The commissioner shall approve the application of a
13-14 person to be a course provider if on investigation the agency finds
13-15 that:
13-16 (1) the course provider has an approved course;
13-17 (2) the course provider can show evidence that there
13-18 is at least one licensed driving safety school that is willing to
13-19 offer the course;
13-20 (3) the course provider has adequate educational and
13-21 experience qualifications;
13-22 (4) the course provider will develop and provide to
13-23 driving safety schools that offer the approved course a refund
13-24 policy, regulations pertaining to absence, grading policy, rules of
13-25 operation, and conduct, and the name, mailing address, and
13-26 telephone number of the agency for the purpose of directing
13-27 complaints to the agency and that copies of these will be furnished
14-1 to each student by the schools before enrollment;
14-2 (5) not later than the 15th working day after the date
14-3 of completion of the course by a person, the course provider mails
14-4 a uniform certificate of completion to the person indicating the
14-5 course name and successful completion;
14-6 (6) the course provider keeps and maintains adequate
14-7 records as prescribed by the commissioner to show attendance and
14-8 progress or grades and that satisfactory standards relating to
14-9 attendance, progress, and conduct are enforced;
14-10 (7) the course provider complies with all county,
14-11 municipal, state, and federal law, including assumed name
14-12 registration and other applicable requirements;
14-13 (8) the course provider is financially sound and
14-14 capable of fulfilling its commitments for training;
14-15 (9) the course provider is of good reputation and
14-16 character;
14-17 (10) the course provider has, maintains, and publishes
14-18 as a part of its student enrollment contract the proper policy for
14-19 the refund of the unused portion of tuition, fees, and other
14-20 charges if a person enrolled by the school fails to take the course
14-21 or withdraws or is discontinued from the school at any time before
14-22 completion;
14-23 (11) the course provider does not use erroneous or
14-24 misleading advertising, either by actual statement, omission, or
14-25 intimation, as determined by the agency [board];
14-26 (12) the course provider does not use a name like or
14-27 similar to the name of another existing school or tax-supported
15-1 educational establishment in this state unless specifically
15-2 approved in writing by the commissioner;
15-3 (13) the course provider does not owe a civil penalty
15-4 under this Act; and
15-5 (14) the course provider meets additional criteria
15-6 required by the agency [board].
15-7 SECTION 7. Section 13(b), Texas Driver and Traffic Safety
15-8 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
15-9 is amended by amending Subdivisions (1), (3), (4), and (7) and
15-10 adding Subdivision (8) to read as follows:
15-11 (1) License, application, and registration fees shall
15-12 be collected by the commissioner and deposited with the
15-13 comptroller. Fees shall be sufficient to cover administrative
15-14 costs and may not be subject to refund. Fees shall be as follows:
15-15 (A)(i) the initial fee for a driver education
15-16 school license is $1,000 plus $850 for each branch location;
15-17 (ii) the initial fee for a driving safety
15-18 school license is an appropriate amount established by the agency
15-19 [board] not to exceed $200; and
15-20 (iii) the initial fee for a course
15-21 provider license is an appropriate amount established by the agency
15-22 [board] not to exceed $2,000, except that this fee may be waived by
15-23 the agency if revenue received by the agency from the course
15-24 provider is sufficient to fund the cost of licensing the course
15-25 provider;
15-26 (B) the annual renewal fee for a course
15-27 provider, driving safety school, driver education school, and
16-1 branch school is an appropriate amount established by the agency
16-2 [board] not to exceed $200, but may be waived by the agency if
16-3 revenue generated by the issuance of uniform certificates of
16-4 completion and driver education certificates is sufficient to fund
16-5 the cost of administering this Act and Subchapter B, Chapter 543,
16-6 Transportation Code;
16-7 (C) the fee for a change of address of a driver
16-8 education school is $180 and of a driving safety school or course
16-9 provider is $50;
16-10 (D) the fee for a change of name of:
16-11 (i) a driver education school or course
16-12 provider or an owner of a driver education school or course
16-13 provider is $100; and
16-14 (ii) a driving safety school or owner of a
16-15 driving safety school is $50;
16-16 (E) the application fee for each additional
16-17 driver education or driving safety course at a school is $25;
16-18 (F) the application fee for each director is
16-19 $30, and for each assistant director, or administrative staff
16-20 member is $15;
16-21 (G) each application for approval of a driving
16-22 safety course that has not been evaluated by the agency [board]
16-23 shall be accompanied by a nonrefundable fee of $9,000;
16-24 (H) each application for an original driver
16-25 education or driving safety instructor's license shall be
16-26 accompanied by a processing fee of $50 and an annual license fee of
16-27 $25, except that the commissioner may not collect the processing
17-1 fee from an applicant for a driver education instructor license who
17-2 is currently teaching a driver education course in a public school
17-3 in this state; and
17-4 (I) the fee for a duplicate license, which may
17-5 be issued if the original is lost or destroyed and an affidavit of
17-6 that fact is filed with the agency, shall be set by the agency
17-7 [board].
17-8 (3) The commissioner shall periodically review and
17-9 recommend adjustments in the level of fees to the agency [board]
17-10 and legislature.
17-11 (4) The fee for an investigation of a school or course
17-12 provider to resolve a complaint filed against the school or course
17-13 provider shall be set by the commissioner [and approved by the
17-14 board]. The complaint investigation fee may be charged only if:
17-15 (A) the complaint could not have been resolved
17-16 solely by telephone or written correspondence;
17-17 (B) a representative of the agency visited the
17-18 school or course provider as a part of the complaint resolution
17-19 process; and
17-20 (C) the school or course provider is found to be
17-21 at fault.
17-22 (7) Duplicate uniform certificates of completion shall
17-23 be issued by the agency. An appropriate fee for issuing duplicate
17-24 certificates shall be determined by agency [board] rule.
17-25 (8) A public school district is exempt from license,
17-26 application, and registration fees.
17-27 SECTION 8. Section 13(c), Texas Driver and Traffic Safety
18-1 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
18-2 is amended to read as follows:
18-3 (c) The cost of administration of this Act shall be included
18-4 in the state budget allowance for the agency [board].
18-5 SECTION 9. Sections 13(d)(1) and (4), Texas Driver and
18-6 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
18-7 Civil Statutes), are amended to read as follows:
18-8 (1) The commissioner, on review of an application for
18-9 a driver education school, driving safety school, or course
18-10 provider license that is submitted in accordance with this Act and
18-11 that meets the requirements of this Act, shall issue a license to
18-12 the applicant. Each license shall be in a form determined by the
18-13 commissioner [and approved by the board] and shall show in a clear
18-14 and conspicuous manner at least the following:
18-15 (A) the date of issuance, effective date, and
18-16 term of approval;
18-17 (B) the name and address of the school or course
18-18 provider;
18-19 (C) the authority for approval and conditions of
18-20 approval;
18-21 (D) the signature of the commissioner; and
18-22 (E) any other fair and reasonable
18-23 representations that are consistent with this Act and considered
18-24 necessary by the commissioner.
18-25 (4) At least 30 days before the expiration of a driver
18-26 education school, driving safety school, or course provider
18-27 license, the school or course provider shall forward to the
19-1 commissioner an application for renewal. The commissioner may
19-2 reexamine a driver education school's premises. The commissioner
19-3 shall renew or cancel the driver education school, driving safety
19-4 school, or course provider license. If a school or course provider
19-5 fails to file a complete application for renewal at least 30 days
19-6 before the expiration date of the driver education school, driving
19-7 safety school, or course provider license, the school or course
19-8 provider shall pay as a condition of renewal and in addition to any
19-9 annual renewal fee a late renewal fee in an amount established by
19-10 agency [board] rule of at least $100, subject to Subsection (b) of
19-11 this section.
19-12 SECTION 10. Section 13(g)(2), Texas Driver and Traffic
19-13 Safety Education Act (Article 4413(29c), Vernon's Texas Civil
19-14 Statutes), is amended to read as follows:
19-15 (2) A driving safety school, or a public school
19-16 district that teaches driver education, is not required to post a
19-17 surety bond.
19-18 SECTION 11. Section 13A(e), Texas Driver and Traffic Safety
19-19 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
19-20 is amended to read as follows:
19-21 (e) The agency [board] may adopt additional rules to ensure
19-22 integrity of the course and enhance program quality.
19-23 SECTION 12. Section 15(c), Texas Driver and Traffic Safety
19-24 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
19-25 is amended to read as follows:
19-26 (c) A driver education instructor license shall be carried
19-27 by the instructor at all times while instructing driver education
20-1 courses. A driving safety instructor license shall be carried by
20-2 the instructor at all times while instructing driving safety
20-3 courses. Each license shall be signed by the commissioner and
20-4 issued under the seal of the agency [board].
20-5 SECTION 13. Sections 15A(a), (b), (c), and (d), Texas Driver
20-6 and Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
20-7 Civil Statutes), are amended to read as follows:
20-8 (a) The [With approval of the board, the] commissioner shall
20-9 establish standards for certification of professional and
20-10 paraprofessional personnel who conduct driver education programs in
20-11 driver education schools.
20-12 (b) A driver education instructor license may not be issued
20-13 authorizing a person to teach or give driver education in-car
20-14 training unless the person has successfully completed six semester
20-15 hours of driver and traffic safety education or a program of study
20-16 in driver education approved by the agency [board] from an approved
20-17 driver education school. A person holding a driver education
20-18 instructor license authorizing in-car training may be approved to
20-19 assist classroom instructors, or in an emergency may be approved to
20-20 substitute for classroom instructors under rules established by the
20-21 agency, in the classroom phase of driver education if the person
20-22 successfully completes the additional three semester hours of
20-23 training required for a classroom instructor or a program of study
20-24 in driver education approved by the agency [board].
20-25 (c) A driver education instructor license may not be issued
20-26 authorizing a person to teach or give classroom driver education
20-27 training unless the person:
21-1 (1) has completed nine semester hours of driver and
21-2 traffic safety education or a program of study in driver education
21-3 approved by the agency [board] from an approved driver education
21-4 school; and
21-5 (2) holds a bachelor's degree [teaching certificate
21-6 and any additional certification required to teach driver
21-7 education].
21-8 (d) A driver education instructor who has completed the
21-9 educational requirements for a classroom driver education
21-10 instructor under Subsection (c)(1) of this section may be approved
21-11 to teach instructor training classes after successfully completing
21-12 a supervising instructor development program consisting of at least
21-13 six additional semester hours or a program of study in driver
21-14 education approved by the agency [board] that includes
21-15 administering driver education programs and supervising and
21-16 administering traffic safety education.
21-17 SECTION 14. The Texas Driver and Traffic Safety Education
21-18 Act (Article 4413(29c), Vernon's Texas Civil Statutes) is amended
21-19 by adding Section 16A to read as follows:
21-20 Sec. 16A. SUBPOENAS. (a) The commissioner may issue a
21-21 subpoena or subpoena duces tecum for purposes of:
21-22 (1) conducting an investigation or contested
21-23 proceeding related to:
21-24 (A) alleged misconduct by a person or school
21-25 regulated by this Act; or
21-26 (B) an alleged violation of this Act or another
21-27 law related to driver education, driver training, or driving safety
22-1 education;
22-2 (2) issuing, suspending, restricting, revoking, or
22-3 canceling a license authorized by this Act; or
22-4 (3) denying or granting an application for a license
22-5 under this Act.
22-6 (b) Failure to timely comply with a subpoena issued under
22-7 this section is a ground for:
22-8 (1) disciplinary action by the agency; and
22-9 (2) the denial of a license application.
22-10 SECTION 15. Section 18(c), Texas Driver and Traffic Safety
22-11 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
22-12 is amended to read as follows:
22-13 (c) On filing of the lawsuit, citation shall be served on
22-14 the commissioner, who shall cause to be made a complete record of
22-15 all proceedings had before the commissioner and certify a copy of
22-16 the proceedings to the court. Trial before the court shall be on
22-17 the basis of the record made before the commissioner, and the court
22-18 shall make its decision based on the record. The commissioner's
22-19 decision shall be affirmed by the court if the court finds
22-20 substantial evidence in the record to justify the decision, unless
22-21 the court finds the denial of the license to be:
22-22 (1) arbitrary and capricious;
22-23 (2) in violation of the constitution or laws of the
22-24 United States or this state; or
22-25 (3) in violation of rules adopted by the agency
22-26 [board] under this Act.
22-27 SECTION 16. Section 29.902, Education Code, is amended to
23-1 read as follows:
23-2 Sec. 29.902. DRIVER EDUCATION. (a) The agency shall develop
23-3 a program of organized instruction in driver education and traffic
23-4 safety for public school students consistent with the Texas Driver
23-5 and Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
23-6 Civil Statutes). A student who will be 15 years of age or older
23-7 before a driver education and traffic safety course ends may enroll
23-8 in the course.
23-9 (b) The agency shall establish standards for the
23-10 certification of professional and paraprofessional personnel who
23-11 conduct the programs in the public schools consistent with the
23-12 Texas Driver and Traffic Safety Education Act (Article 4413(29c),
23-13 Vernon's Texas Civil Statutes).
23-14 SECTION 17. Section 521.204, Transportation Code, is amended
23-15 to read as follows:
23-16 Sec. 521.204. RESTRICTIONS ON MINOR. The department may
23-17 issue a Class C driver's license to an applicant under 18 years of
23-18 age only if the applicant:
23-19 (1) is 16 years of age or older;
23-20 (2) has submitted to the department a driver education
23-21 certificate issued under Section 9A, Texas Driver and Traffic
23-22 Safety Education Act (Article 4413(29c), Vernon's Texas Civil
23-23 Statutes), that states that the person has completed and passed a
23-24 driver education course approved by the department under Section
23-25 521.205 or by the Texas Education Agency;
23-26 (3) has obtained a high school diploma or its
23-27 equivalent or is a student:
24-1 (A) enrolled in a public school, home school, or
24-2 private school who attended school for at least 90 percent of the
24-3 [80] days classes were offered at the school in the fall or spring
24-4 semester preceding the date of the driver's license application; or
24-5 (B) who has been enrolled for at least 45 days,
24-6 and is enrolled as of the date of the application, in a program to
24-7 prepare persons to pass the high school equivalency exam; and
24-8 (4) has passed the examination required by Section
24-9 521.161.
24-10 SECTION 18. Section 521.222(a), Transportation Code, is
24-11 amended to read as follows:
24-12 (a) The department or a driver education school licensed
24-13 under the Texas Driver and Traffic Safety Education Act (Article
24-14 4413(29c), Vernon's Texas Civil Statutes) may issue an instruction
24-15 permit, including a Class A or Class B driver's license instruction
24-16 permit, to a person who:
24-17 (1) is 15 years of age or older but under 18 years of
24-18 age;
24-19 (2) has, with regard to [satisfactorily completed and
24-20 passed the classroom phase of] an approved driver education course,
24-21 which may be a course approved under Section 521.205:
24-22 (A) satisfactorily completed and passed the
24-23 classroom phase of the course if the classroom and laboratory
24-24 phases of the course are conducted successively; or
24-25 (B) satisfactorily completed six hours of
24-26 classroom instruction regarding driving laws and procedures if the
24-27 classroom and laboratory phases of the course are conducted
25-1 concurrently;
25-2 (3) meets the requirements imposed under Section
25-3 521.204(3); and
25-4 (4) has passed each examination required under Section
25-5 521.161 other than the driving test.
25-6 SECTION 19. Subchapter K, Chapter 522, Transportation Code,
25-7 is amended by adding Section 521.2225 to read as follows:
25-8 Sec. 521.2225. TEMPORARY INSTRUCTION PERMIT. (a) A driver
25-9 education school licensed under the Texas Driver and Traffic Safety
25-10 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes)
25-11 may issue, as an instruction permit under Section 521.222, the
25-12 instruction permit portion of a driver education certificate
25-13 issued under Section 9A, Texas Driver and Traffic Safety Education
25-14 Act (Article 4413(29c), Vernon's Texas Civil Statutes), to a person
25-15 who:
25-16 (1) is 15 years of age or older but under 18 years of
25-17 age;
25-18 (2) has satisfactorily completed and passed the
25-19 classroom phase of an approved driver education course or has
25-20 enrolled in an approved driver education course of at least 32
25-21 hours in which the classroom and laboratory phases are conducted
25-22 concurrently;
25-23 (3) has obtained a high school diploma or its
25-24 equivalent or is a student:
25-25 (A) enrolled in a public school, home school, or
25-26 private school who attended school for at least 90 percent of the
25-27 days classes were offered at the school in the fall or spring
26-1 semester preceding the date of application; or
26-2 (B) who has been enrolled for at least 45 days
26-3 and is enrolled as of the date of the application in a program to
26-4 prepare persons to pass the high school equivalency exam; and
26-5 (4) has passed each examination required under Section
26-6 521.161 other than the driving test.
26-7 (b) Notwithstanding Section 521.271, an instruction permit
26-8 issued under this section expires on the 45th day after the date of
26-9 issuance.
26-10 (c) A driver education school that issues, as an instruction
26-11 permit under Section 521.222, the instruction permit portion of a
26-12 driver education certificate shall notify the Texas Education
26-13 Agency. The agency shall maintain the information in the database
26-14 required by Section 9A(b), Texas Driver and Traffic Safety
26-15 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes).
26-16 SECTION 20. Section 543.111(a), Transportation Code, is
26-17 amended to read as follows:
26-18 (a) The commissioner of education [State Board of Education]
26-19 shall enter into a memorandum of understanding with the Texas
26-20 Department of Insurance for the interagency development of a
26-21 curriculum for driving safety courses.
26-22 SECTION 21. Section 543.112(c), Transportation Code, is
26-23 amended to read as follows:
26-24 (c) The Texas Education Agency shall issue duplicate uniform
26-25 certificates of course completion. The agency [State Board of
26-26 Education] by rule shall determine the amount of the fee to be
26-27 charged for issuance of a duplicate certificate.
27-1 SECTION 22. Section 5, Texas Driver and Traffic Safety
27-2 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
27-3 is repealed.
27-4 SECTION 23. This Act takes effect September 1, 1999.
27-5 SECTION 24. The importance of this legislation and the
27-6 crowded condition of the calendars in both houses create an
27-7 emergency and an imperative public necessity that the
27-8 constitutional rule requiring bills to be read on three several
27-9 days in each house be suspended, and this rule is hereby suspended.