1-1 By: Harris S.B. No. 328
1-2 (In the Senate - Filed January 29, 1999; February 2, 1999,
1-3 read first time and referred to Committee on Education;
1-4 March 15, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; March 15, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 328 By: Cain
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the regulation of driver's training courses and the
1-11 issuance of certain driver's licenses.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 2, Texas Driver and Traffic Safety
1-14 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
1-15 is amended to read as follows:
1-16 Sec. 2. PURPOSE AND OBJECTIVES. Traffic crashes in Texas
1-17 annually take the lives of thousands of people and cause billions
1-18 of dollars in economic losses. These alarming facts make safe
1-19 driving a concern for all citizens of the state. Deaths, injuries,
1-20 and property damage must be reduced. The attitudes and skills of
1-21 drivers must be improved through effective driver education and
1-22 training. It is a matter of vital public importance to identify
1-23 and implement all reasonable means to reduce the toll in human
1-24 suffering and property loss that is inflicted by vehicle crashes.
1-25 The purpose of this Act is to improve driver knowledge and skills
1-26 through the licensing and regulation by the Texas [Central]
1-27 Education Agency of driver training schools and driver training
1-28 instructors in Texas. It is additionally intended that state
1-29 agency rules affecting schools that qualify as small businesses be
1-30 established and administered so as to have the least possible
1-31 adverse economic effect on those establishments.
1-32 SECTION 2. Section 3, Texas Driver and Traffic Safety
1-33 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
1-34 is amended to read as follows:
1-35 Sec. 3. DEFINITIONS. In this Act:
1-36 (1) "Agency" means the Texas [Central] Education
1-37 Agency, acting directly or through its authorized officers and
1-38 agents.
1-39 (2) ["Board" means the State Board of Education.]
1-40 [(3)] "Commissioner" means the commissioner of
1-41 education or a person knowledgeable in the administration of
1-42 regulating driver training schools and designated by the
1-43 commissioner to administer this Act.
1-44 (3) [(4)] "Driver education" means a nonvocational
1-45 course of instruction that provides the knowledge and hands-on
1-46 experience to prepare persons for written and practical driving
1-47 tests that lead to authorization to operate a vehicle.
1-48 (4) [(5)] "Driver training" means driver education
1-49 provided by a driver education school and driving safety training
1-50 provided by a driving safety school.
1-51 (5) [(6)] "Driving safety course" means a course of
1-52 instruction intended to improve a driver's knowledge, perceptions,
1-53 and attitudes about driving.
1-54 (6) [(7)] "School" means a driver education school or
1-55 driving safety school.
1-56 (7) [(8)] "Operator" means a person approved by a
1-57 driving safety course owner or consignee to conduct an approved
1-58 driving safety course.
1-59 (8) [(9)] "Owner" means:
1-60 (A) in the case of a school owned by an
1-61 individual, the individual;
1-62 (B) in the case of a school owned by a
1-63 partnership, all full, silent, or limited partners; or
1-64 (C) in the case of a school owned by a
2-1 corporation, the corporation, its directors, officers, and each
2-2 shareholder owning at least 10 percent of the total of the issued
2-3 and outstanding shares.
2-4 (9) [(10)] "Person" means an individual, firm,
2-5 partnership, association, corporation, or other private entity or
2-6 combination of persons.
2-7 (10) [(11)] "School employee" means any person, other
2-8 than an owner, who directly or indirectly receives compensation
2-9 from the school for instructional or other services rendered.
2-10 (11) [(12)] "Support" means the primary source and
2-11 means by which a school derives revenue.
2-12 (12) [(13)] "Suspension of enrollment" means a ruling
2-13 by the commissioner that restricts a school from accepting
2-14 enrollments or reenrollments, advertising, soliciting, or directly
2-15 or indirectly advising prospective students of its program or
2-16 course offerings.
2-17 (13) [(14)] "Uniform certificate of completion" means
2-18 a document that is printed, administered, and supplied by the
2-19 agency to owners or primary consignees for issuance to students who
2-20 successfully complete an approved driving safety course and that
2-21 meets the requirements of Subchapter B, Chapter 543, Transportation
2-22 Code [Section 143A, Uniform Act Regulating Traffic on Highways
2-23 (Article 6701d, Vernon's Texas Civil Statutes)].
2-24 (14) [(15)] "Instructor" means an individual who has
2-25 been licensed by the agency for the type of instruction being
2-26 given.
2-27 (15) [(16)] "Approved driving safety course" means a
2-28 driving safety course approved by the agency [board].
2-29 (16) [(17)] "Course provider" means an enterprise that
2-30 maintains a place of business or solicits business in this state,
2-31 that is operated by an individual, association, partnership, or
2-32 corporation, and that is a driving safety course owner or primary
2-33 consignee.
2-34 (17) [(18)] "Driver education school" means an
2-35 enterprise that maintains a place of business or solicits business
2-36 in this state, that is operated by an individual, association,
2-37 partnership, [or] corporation, or public school district for the
2-38 education and training of persons at a primary or branch location
2-39 in driver education or driver education instructor development, and
2-40 that is not specifically exempted by this Act.
2-41 (18) [(19)] "Driver education school owner" means a
2-42 person who has been approved by the commissioner to own and operate
2-43 a driver education school.
2-44 (19) [(20)] "Driving safety course owner" means an
2-45 enterprise that is operated by an individual, association,
2-46 partnership, or corporation that has received an approval for a
2-47 driving safety course from the agency [board].
2-48 (20) [(21)] "Driving safety school" means an
2-49 enterprise that maintains a place of business or solicits business
2-50 in this state, that is operated by an individual, association,
2-51 partnership, or corporation for the education and training of
2-52 persons in driving safety, and that is not specifically exempted by
2-53 this Act. A driving safety school may use multiple classroom
2-54 locations to teach a driving safety course if each location is
2-55 approved by the parent school and the agency and bears the same
2-56 name and has the same ownership as the parent school.
2-57 (21) [(22)] "Primary consignee" means any enterprise
2-58 that is operated by an individual, association, partnership, or
2-59 corporation that has been designated by a driving safety course
2-60 owner to conduct business and represent the course owner in this
2-61 state.
2-62 SECTION 3. Subsection (b), Section 4, Texas Driver and
2-63 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
2-64 Civil Statutes), is amended to read as follows:
2-65 (b) The agency shall enter into a memorandum of
2-66 understanding with the Texas Rehabilitation Commission and the
2-67 Department of Public Safety for the interagency development of
2-68 curricula and licensing criteria for hospital and rehabilitation
2-69 facilities that teach driver education. The agency shall
3-1 administer comprehensive rules governing driver education courses
3-2 adopted by mutual agreement between the agency [board], the Texas
3-3 Rehabilitation Commission, and the Department of Public Safety.
3-4 The agency shall file the rules with the secretary of state.
3-5 SECTION 4. Sections 6, 8, 9, and 9A, Texas Driver and
3-6 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
3-7 Civil Statutes), are amended to read as follows:
3-8 Sec. 6. DUTIES OF COMMISSIONER. (a) The commissioner shall
3-9 carry out the policies of this Act, adopt rules necessary to
3-10 implement this Act, enforce rules adopted by the commissioner or
3-11 agency [board], and certify those schools and course providers
3-12 meeting the requirements for a driver education school license,
3-13 driving safety school license, or both, or for a course provider
3-14 license.
3-15 (b) The commissioner by rule shall establish the curriculum
3-16 [and designate the textbooks] that must be used in a driver
3-17 education course. [In addition, the commissioner may adopt and
3-18 enforce temporary rules under this Act, but the temporary rules are
3-19 valid only until the next meeting of the board.]
3-20 Sec. 8. COMPETITIVE BIDDING; ADVERTISING. (a) The agency
3-21 [board] may not adopt rules to restrict competitive bidding or
3-22 advertising by a driver training school except to prohibit false,
3-23 misleading, or deceptive competitive bidding or advertising
3-24 practices. Specifically, no rule may restrict:
3-25 (1) the use of an advertising medium;
3-26 (2) the outside dimensions of a printed advertisement
3-27 or outdoor display;
3-28 (3) the duration of an advertisement; or
3-29 (4) advertisement under a trade name.
3-30 (b) The agency [board] may adopt rules to restrict
3-31 advertising by a branch location of a school so that the branch
3-32 location adequately identifies its primary driver training school
3-33 in any solicitation.
3-34 Sec. 9. PROHIBITIONS. A person may not:
3-35 (1) operate a school that provides a driver education
3-36 course without a driver education school license issued by the
3-37 commissioner;
3-38 (2) operate a school that provides driving safety
3-39 courses without a driving safety school license issued by the
3-40 commissioner;
3-41 (3) operate as a course provider without a course
3-42 provider license issued by the commissioner;
3-43 (4) utilize advertising designed to mislead or deceive
3-44 a prospective student;
3-45 (5) fail to notify the commissioner of the
3-46 discontinuance of the operation of any school within three working
3-47 days after cessation of classes and make available accurate records
3-48 as required by this Act;
3-49 (6) issue, sell, trade, or transfer a uniform
3-50 certificate of completion or driver education certificate to any
3-51 person or school not authorized to possess it;
3-52 (7) issue, sell, trade, or transfer:
3-53 (A) a uniform certificate of completion to a
3-54 person who has not successfully completed an approved, six-hour
3-55 driving safety course; or
3-56 (B) except as provided by Section 521.2225,
3-57 Transportation Code, a driver education certificate to a person who
3-58 has not successfully completed an agency-approved [a
3-59 board-approved] driver education course;
3-60 (8) negotiate any promissory instrument received as
3-61 payment of tuition or other charge before completion of 75 percent
3-62 of the course, except that before that time, the instrument may be
3-63 assigned to a purchaser who will be subject to all the defenses
3-64 available against the school named as payee;
3-65 (9) conduct any part of an approved driver education
3-66 or driving safety course without an instructor who is physically
3-67 present in appropriate proximity to the student for the type of
3-68 instruction being given; or
3-69 (10) violate any provision of this Act.
4-1 Sec. 9A. DRIVER EDUCATION CERTIFICATES. (a) The agency
4-2 shall print and supply to licensed and exempt driver education
4-3 schools serially numbered driver education certificates to be used
4-4 for certifying completion of an approved driver education course
4-5 for the purposes of Section 521.204, Transportation Code [7(a),
4-6 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
4-7 (Article 6687b, Vernon's Texas Civil Statutes)]. The agency by
4-8 rule shall provide for the design and distribution of the
4-9 certificates in a manner that to the greatest extent possible
4-10 prevents the unauthorized reproduction or misuse of the
4-11 certificates. The agency may charge a fee of not more than $6 [$4]
4-12 for each certificate.
4-13 (b) The agency shall establish a database that contains
4-14 information pertinent to driver education certificates and shall
4-15 make the database available electronically to the Department of
4-16 Public Safety. The information must include for each driver
4-17 education certificate issued:
4-18 (1) the control number and date of issuance of the
4-19 certificate;
4-20 (2) the name and identification number of the driver
4-21 education school;
4-22 (3) the name and agency license number of the driver
4-23 education instructor; and
4-24 (4) the name, date of birth, sex, and social security
4-25 number of the student to whom the certificate is issued.
4-26 (c) Each driver education school shall submit electronically
4-27 to the agency, at the time and in the manner determined by the
4-28 agency, the information required by Subsection (b) of this section.
4-29 SECTION 5. Subsection (a), Section 12, Texas Driver and
4-30 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
4-31 Civil Statutes), is amended to read as follows:
4-32 (a) To operate or do business in this state, a public school
4-33 district, driver education school, or driving safety school must
4-34 make written application to the commissioner for a driver education
4-35 or driving safety school license. The application must be
4-36 verified, be in the form prescribed by the agency [board], and
4-37 include all information required. A driving safety school shall
4-38 obtain approval from the agency for any multiple classroom
4-39 locations.
4-40 SECTION 6. Subsections (a), (a-1), and (a-2), Section 13,
4-41 Texas Driver and Traffic Safety Education Act (Article 4413(29c),
4-42 Vernon's Texas Civil Statutes), are amended to read as follows:
4-43 (a) The commissioner shall approve the application of a
4-44 driver education school when the school is found, on investigation
4-45 at the premises of the school, to meet the following criteria:
4-46 (1) the courses, curriculum, and instruction are of
4-47 such quality, content, and length as may reasonably and adequately
4-48 achieve the stated objective for which the courses, curriculum, and
4-49 instruction are offered;
4-50 (2) there are in the school, and in the provision for
4-51 behind-the-wheel instruction, adequate space, equipment,
4-52 instructional material, and instructors to provide training of good
4-53 quality;
4-54 (3) educational and experience qualifications of
4-55 directors, instructors, and administrators are adequate;
4-56 (4) a copy of the schedule of tuition, fees, refund
4-57 policy, and other charges, regulations pertaining to absence,
4-58 grading policy, and rules of operation and conduct, and the name,
4-59 mailing address, and telephone number of the agency for the purpose
4-60 of directing complaints to the agency is furnished to each student
4-61 before enrollment;
4-62 (5) on completion of training, each student is given a
4-63 certificate by the school indicating the course name and
4-64 satisfactory completion;
4-65 (6) adequate records as prescribed by the commissioner
4-66 are kept to show attendance and progress or grades, and
4-67 satisfactory standards relating to attendance, progress, and
4-68 conduct are enforced;
4-69 (7) the school complies with all county, municipal,
5-1 state, and federal regulations, including fire, building, and
5-2 sanitation codes and assumed name registration;
5-3 (8) the school is financially sound and capable of
5-4 fulfilling its commitments for training;
5-5 (9) the school's administrators, directors, owners,
5-6 and instructors are of good reputation and character;
5-7 (10) the school has, maintains, and publishes as part
5-8 of its student enrollment contract the proper policy for the refund
5-9 of the unused portion of tuition, fees, and other charges if a
5-10 student enrolled by the school fails to take the course or
5-11 withdraws or is discontinued from the school at any time before
5-12 completion;
5-13 (11) the school does not use erroneous or misleading
5-14 advertising, either by actual statement, omission, or intimation,
5-15 as determined by the agency [board];
5-16 (12) the school does not use a name like or similar to
5-17 the name of another existing school or tax-supported educational
5-18 establishment in this state, unless specifically approved in
5-19 writing by the commissioner;
5-20 (13) the school submits to the agency for approval the
5-21 applicable course hour lengths and curriculum content for each
5-22 course offered by the school;
5-23 (14) the school does not owe a civil penalty under
5-24 this Act; and
5-25 (15) additional criteria as may be required by the
5-26 agency.
5-27 (a-1) The commissioner shall approve the application of a
5-28 driving safety school if on investigation the agency finds that:
5-29 (1) the school presents the driving safety course,
5-30 curriculum, and instruction in a quality, content, and length that
5-31 reasonably and adequately achieve the stated objective for which
5-32 the course, curriculum, and instruction are developed by the course
5-33 provider;
5-34 (2) the school has adequate space, equipment,
5-35 instructional material, and instructors to provide training of good
5-36 quality;
5-37 (3) the school's instructors and administrators have
5-38 adequate educational and experience qualifications;
5-39 (4) the school keeps and maintains adequate records as
5-40 prescribed by the commissioner to show attendance and progress of
5-41 grades and that satisfactory standards relating to attendance,
5-42 progress, and conduct are enforced;
5-43 (5) the school complies with all county, municipal,
5-44 state, and federal law, including fire, building, and sanitation
5-45 codes and assumed name registration;
5-46 (6) the school's administrators, owners, and
5-47 instructors are of good reputation and character;
5-48 (7) the school does not use erroneous or misleading
5-49 advertising, either by actual statement, omission, or intimation,
5-50 as determined by the agency [board];
5-51 (8) the school does not use a name like or similar to
5-52 the name of another existing school or tax-supported educational
5-53 establishment in this state unless specifically approved in writing
5-54 by the commissioner;
5-55 (9) the school has, maintains, and uses the approved
5-56 contract and policies developed by the course provider;
5-57 (10) the school does not owe a civil penalty under
5-58 this Act;
5-59 (11) the school will not provide a driving safety
5-60 course to any person for a cost less than $25; and
5-61 (12) the school meets additional criteria required by
5-62 the agency [board].
5-63 (a-2) The commissioner shall approve the application of a
5-64 person to be a course provider if on investigation the agency finds
5-65 that:
5-66 (1) the course provider has an approved course;
5-67 (2) the course provider can show evidence that there
5-68 is at least one licensed driving safety school that is willing to
5-69 offer the course;
6-1 (3) the course provider has adequate educational and
6-2 experience qualifications;
6-3 (4) the course provider will develop and provide to
6-4 driving safety schools that offer the approved course a refund
6-5 policy, regulations pertaining to absence, grading policy, rules of
6-6 operation, and conduct, and the name, mailing address, and
6-7 telephone number of the agency for the purpose of directing
6-8 complaints to the agency and that copies of these will be furnished
6-9 to each student by the schools before enrollment;
6-10 (5) not later than the 15th working day after the date
6-11 of completion of the course by a person, the course provider mails
6-12 a uniform certificate of completion to the person indicating the
6-13 course name and successful completion;
6-14 (6) the course provider keeps and maintains adequate
6-15 records as prescribed by the commissioner to show attendance and
6-16 progress or grades and that satisfactory standards relating to
6-17 attendance, progress, and conduct are enforced;
6-18 (7) the course provider complies with all county,
6-19 municipal, state, and federal law, including assumed name
6-20 registration and other applicable requirements;
6-21 (8) the course provider is financially sound and
6-22 capable of fulfilling its commitments for training;
6-23 (9) the course provider is of good reputation and
6-24 character;
6-25 (10) the course provider has, maintains, and publishes
6-26 as a part of its student enrollment contract the proper policy for
6-27 the refund of the unused portion of tuition, fees, and other
6-28 charges if a person enrolled by the school fails to take the course
6-29 or withdraws or is discontinued from the school at any time before
6-30 completion;
6-31 (11) the course provider does not use erroneous or
6-32 misleading advertising, either by actual statement, omission, or
6-33 intimation, as determined by the agency [board];
6-34 (12) the course provider does not use a name like or
6-35 similar to the name of another existing school or tax-supported
6-36 educational establishment in this state unless specifically
6-37 approved in writing by the commissioner;
6-38 (13) the course provider does not owe a civil penalty
6-39 under this Act; and
6-40 (14) the course provider meets additional criteria
6-41 required by the agency [board].
6-42 SECTION 7. Subsection (b), Section 13, Texas Driver and
6-43 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
6-44 Civil Statutes), is amended by amending Subdivisions (1), (3), (4),
6-45 and (7) and adding Subdivision (8) to read as follows:
6-46 (1) License, application, and registration fees shall
6-47 be collected by the commissioner and deposited with the
6-48 comptroller. Fees shall be sufficient to cover administrative
6-49 costs and may not be subject to refund. Fees shall be as follows:
6-50 (A)(i) the initial fee for a driver education
6-51 school license is $1,000 plus $850 for each branch location;
6-52 (ii) the initial fee for a driving safety
6-53 school license is an appropriate amount established by the agency
6-54 [board] not to exceed $200; and
6-55 (iii) the initial fee for a course
6-56 provider license is an appropriate amount established by the agency
6-57 [board] not to exceed $2,000, except that this fee may be waived by
6-58 the agency if revenue received by the agency from the course
6-59 provider is sufficient to fund the cost of licensing the course
6-60 provider;
6-61 (B) the annual renewal fee for a course
6-62 provider, driving safety school, driver education school, and
6-63 branch school is an appropriate amount established by the agency
6-64 [board] not to exceed $200, but may be waived by the agency if
6-65 revenue generated by the issuance of uniform certificates of
6-66 completion and driver education certificates is sufficient to fund
6-67 the cost of administering this Act and Subchapter B, Chapter 543,
6-68 Transportation Code;
6-69 (C) the fee for a change of address of a driver
7-1 education school is $180 and of a driving safety school or course
7-2 provider is $50;
7-3 (D) the fee for a change of name of:
7-4 (i) a driver education school or course
7-5 provider or an owner of a driver education school or course
7-6 provider is $100; and
7-7 (ii) a driving safety school or owner of a
7-8 driving safety school is $50;
7-9 (E) the application fee for each additional
7-10 driver education or driving safety course at a school is $25;
7-11 (F) the application fee for each director is
7-12 $30, and for each assistant director, or administrative staff
7-13 member is $15;
7-14 (G) each application for approval of a driving
7-15 safety course that has not been evaluated by the agency [board]
7-16 shall be accompanied by a nonrefundable fee of $9,000;
7-17 (H) each application for an original driver
7-18 education or driving safety instructor's license shall be
7-19 accompanied by a processing fee of $50 and an annual license fee of
7-20 $25, except that the commissioner may not collect the processing
7-21 fee from an applicant for a driver education instructor license who
7-22 is currently teaching a driver education course in a public school
7-23 in this state; and
7-24 (I) the fee for a duplicate license, which may
7-25 be issued if the original is lost or destroyed and an affidavit of
7-26 that fact is filed with the agency, shall be set by the agency
7-27 [board].
7-28 (3) The commissioner shall periodically review and
7-29 recommend adjustments in the level of fees to the agency [board]
7-30 and legislature.
7-31 (4) The fee for an investigation of a school or course
7-32 provider to resolve a complaint filed against the school or course
7-33 provider shall be set by the commissioner [and approved by the
7-34 board]. The complaint investigation fee may be charged only if:
7-35 (A) the complaint could not have been resolved
7-36 solely by telephone or written correspondence;
7-37 (B) a representative of the agency visited the
7-38 school or course provider as a part of the complaint resolution
7-39 process; and
7-40 (C) the school or course provider is found to be
7-41 at fault.
7-42 (7) Duplicate uniform certificates of completion shall
7-43 be issued by the agency. An appropriate fee for issuing duplicate
7-44 certificates shall be determined by agency [board] rule.
7-45 (8) A public school district is exempt from license,
7-46 application, and registration fees.
7-47 SECTION 8. Subsection (c), Section 13, Texas Driver and
7-48 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
7-49 Civil Statutes), is amended to read as follows:
7-50 (c) The cost of administration of this Act shall be included
7-51 in the state budget allowance for the agency [board].
7-52 SECTION 9. Subdivisions (1) and (4), Subsection (d), Section
7-53 13, Texas Driver and Traffic Safety Education Act (Article
7-54 4413(29c), Vernon's Texas Civil Statutes), are amended to read as
7-55 follows:
7-56 (1) The commissioner, on review of an application for
7-57 a driver education school, driving safety school, or course
7-58 provider license that is submitted in accordance with this Act and
7-59 that meets the requirements of this Act, shall issue a license to
7-60 the applicant. Each license shall be in a form determined by the
7-61 commissioner [and approved by the board] and shall show in a clear
7-62 and conspicuous manner at least the following:
7-63 (A) the date of issuance, effective date, and
7-64 term of approval;
7-65 (B) the name and address of the school or course
7-66 provider;
7-67 (C) the authority for approval and conditions of
7-68 approval;
7-69 (D) the signature of the commissioner; and
8-1 (E) any other fair and reasonable
8-2 representations that are consistent with this Act and considered
8-3 necessary by the commissioner.
8-4 (4) At least 30 days before the expiration of a driver
8-5 education school, driving safety school, or course provider
8-6 license, the school or course provider shall forward to the
8-7 commissioner an application for renewal. The commissioner may
8-8 reexamine a driver education school's premises. The commissioner
8-9 shall renew or cancel the driver education school, driving safety
8-10 school, or course provider license. If a school or course provider
8-11 fails to file a complete application for renewal at least 30 days
8-12 before the expiration date of the driver education school, driving
8-13 safety school, or course provider license, the school or course
8-14 provider shall pay as a condition of renewal and in addition to any
8-15 annual renewal fee a late renewal fee in an amount established by
8-16 agency [board] rule of at least $100, subject to Subsection (b) of
8-17 this section.
8-18 SECTION 10. Subdivision (2), Subsection (g), Section 13,
8-19 Texas Driver and Traffic Safety Education Act (Article 4413(29c),
8-20 Vernon's Texas Civil Statutes), is amended to read as follows:
8-21 (2) A driving safety school, or a public school
8-22 district that teaches driver education, is not required to post a
8-23 surety bond.
8-24 SECTION 11. Subsection (e), Section 13A, Texas Driver and
8-25 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
8-26 Civil Statutes), as added by Section 16, Chapter 1009, Acts of the
8-27 74th Legislature, Regular Session, 1995, is amended to read as
8-28 follows:
8-29 (e) The agency [board] may adopt additional rules to ensure
8-30 integrity of the course and enhance program quality.
8-31 SECTION 12. Subsection (c), Section 15, Texas Driver and
8-32 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
8-33 Civil Statutes), is amended to read as follows:
8-34 (c) A driver education instructor license shall be carried
8-35 by the instructor at all times while instructing driver education
8-36 courses. A driving safety instructor license shall be carried by
8-37 the instructor at all times while instructing driving safety
8-38 courses. Each license shall be signed by the commissioner and
8-39 issued under the seal of the agency [board].
8-40 SECTION 13. Subsections (a), (b), (c), and (d), Section 15A,
8-41 Texas Driver and Traffic Safety Education Act (Article 4413(29c),
8-42 Vernon's Texas Civil Statutes), are amended to read as follows:
8-43 (a) The [With approval of the board, the] commissioner shall
8-44 establish standards for certification of professional and
8-45 paraprofessional personnel who conduct driver education programs in
8-46 driver education schools.
8-47 (b) A driver education instructor license may not be issued
8-48 authorizing a person to teach or give driver education in-car
8-49 training unless the person has successfully completed six semester
8-50 hours of driver and traffic safety education or a program of study
8-51 in driver education approved by the agency [board] from an approved
8-52 driver education school. A person holding a driver education
8-53 instructor license authorizing in-car training may be approved to
8-54 assist classroom instructors, or in an emergency may be approved to
8-55 substitute for classroom instructors under rules established by the
8-56 agency, in the classroom phase of driver education if the person
8-57 successfully completes the additional three semester hours of
8-58 training required for a classroom instructor or a program of study
8-59 in driver education approved by the agency [board].
8-60 (c) A driver education instructor license may not be issued
8-61 authorizing a person to teach or give classroom driver education
8-62 training unless the person:
8-63 (1) has completed nine semester hours of driver and
8-64 traffic safety education or a program of study in driver education
8-65 approved by the agency [board] from an approved driver education
8-66 school; and
8-67 (2) holds a bachelor's degree [teaching certificate
8-68 and any additional certification required to teach driver
8-69 education].
9-1 (d) A driver education instructor who has completed the
9-2 educational requirements for a classroom driver education
9-3 instructor under Subsection (c)(1) of this section may be approved
9-4 to teach instructor training classes after successfully completing
9-5 a supervising instructor development program consisting of at least
9-6 six additional semester hours or a program of study in driver
9-7 education approved by the agency [board] that includes
9-8 administering driver education programs and supervising and
9-9 administering traffic safety education.
9-10 SECTION 14. The Texas Driver and Traffic Safety Education
9-11 Act (Article 4413(29c), Vernon's Texas Civil Statutes) is amended
9-12 by adding Section 16A to read as follows:
9-13 Sec. 16A. SUBPOENAS. (a) The commissioner may issue a
9-14 subpoena or subpoena duces tecum for purposes of:
9-15 (1) conducting an investigation or contested
9-16 proceeding related to:
9-17 (A) alleged misconduct by a person or school
9-18 regulated by this Act; or
9-19 (B) an alleged violation of this Act or another
9-20 law related to driver education, driver training, or driving safety
9-21 education;
9-22 (2) issuing, suspending, restricting, revoking, or
9-23 canceling a license authorized by this Act; or
9-24 (3) denying or granting an application for a license
9-25 under this Act.
9-26 (b) Failure to timely comply with a subpoena issued under
9-27 this section is a ground for:
9-28 (1) disciplinary action by the agency; and
9-29 (2) the denial of a license application.
9-30 SECTION 15. Subsection (c), Section 18, Texas Driver and
9-31 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
9-32 Civil Statutes), is amended to read as follows:
9-33 (c) On filing of the lawsuit, citation shall be served on
9-34 the commissioner, who shall cause to be made a complete record of
9-35 all proceedings had before the commissioner and certify a copy of
9-36 the proceedings to the court. Trial before the court shall be on
9-37 the basis of the record made before the commissioner, and the court
9-38 shall make its decision based on the record. The commissioner's
9-39 decision shall be affirmed by the court if the court finds
9-40 substantial evidence in the record to justify the decision, unless
9-41 the court finds the denial of the license to be:
9-42 (1) arbitrary and capricious;
9-43 (2) in violation of the constitution or laws of the
9-44 United States or this state; or
9-45 (3) in violation of rules adopted by the agency
9-46 [board] under this Act.
9-47 SECTION 16. Section 29.902, Education Code, is amended to
9-48 read as follows:
9-49 Sec. 29.902. DRIVER EDUCATION. (a) The agency shall
9-50 develop a program of organized instruction in driver education and
9-51 traffic safety for public school students consistent with the Texas
9-52 Driver and Traffic Safety Education Act (Article 4413(29c),
9-53 Vernon's Texas Civil Statutes). A student who will be 15 years of
9-54 age or older before a driver education and traffic safety course
9-55 ends may enroll in the course.
9-56 (b) The agency shall establish standards for the
9-57 certification of professional and paraprofessional personnel who
9-58 conduct the programs in the public schools consistent with the
9-59 Texas Driver and Traffic Safety Education Act (Article 4413(29c),
9-60 Vernon's Texas Civil Statutes).
9-61 SECTION 17. Section 521.204, Transportation Code, is amended
9-62 to read as follows:
9-63 Sec. 521.204. RESTRICTIONS ON MINOR. The department may
9-64 issue a Class C driver's license to an applicant under 18 years of
9-65 age only if the applicant:
9-66 (1) is 16 years of age or older;
9-67 (2) has submitted to the department a driver education
9-68 certificate issued under Section 9A, Texas Driver and Traffic
9-69 Safety Education Act (Article 4413(29c), Vernon's Texas Civil
10-1 Statutes), that states that the person has completed and passed a
10-2 driver education course approved by the department under Section
10-3 521.205 or by the Texas Education Agency;
10-4 (3) has obtained a high school diploma or its
10-5 equivalent or is a student:
10-6 (A) enrolled in a public school, home school, or
10-7 private school who attended school for at least 90 percent of the
10-8 [80] days classes were offered at the school in the fall or spring
10-9 semester preceding the date of the driver's license application; or
10-10 (B) who has been enrolled for at least 45 days,
10-11 and is enrolled as of the date of the application, in a program to
10-12 prepare persons to pass the high school equivalency exam; and
10-13 (4) has passed the examination required by Section
10-14 521.161.
10-15 SECTION 18. Subsection (a), Section 521.222, Transportation
10-16 Code, is amended to read as follows:
10-17 (a) The department or a driver education school licensed
10-18 under the Texas Driver and Traffic Safety Education Act (Article
10-19 4413(29c), Vernon's Texas Civil Statutes) may issue an instruction
10-20 permit, including a Class A or Class B driver's license instruction
10-21 permit, to a person who:
10-22 (1) is 15 years of age or older but under 18 years of
10-23 age;
10-24 (2) has, with regard to [satisfactorily completed and
10-25 passed the classroom phase of] an approved driver education course,
10-26 which may be a course approved under Section 521.205:
10-27 (A) satisfactorily completed and passed the
10-28 classroom phase of the course if the classroom and laboratory
10-29 phases of the course are conducted successively; or
10-30 (B) satisfactorily completed six hours of
10-31 classroom instruction regarding driving laws and procedures if the
10-32 classroom and laboratory phases of the course are conducted
10-33 concurrently;
10-34 (3) meets the requirements imposed under Section
10-35 521.204(3); and
10-36 (4) has passed each examination required under Section
10-37 521.161 other than the driving test.
10-38 SECTION 19. Subchapter K, Chapter 521, Transportation Code,
10-39 is amended by adding Section 521.2225 to read as follows:
10-40 Sec. 521.2225. TEMPORARY INSTRUCTION PERMIT. (a) A driver
10-41 education school licensed under the Texas Driver and Traffic Safety
10-42 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes)
10-43 may issue, as an instruction permit under Section 521.222, the
10-44 instruction permit portion of a driver education certificate issued
10-45 under Section 9A, Texas Driver and Traffic Safety Education Act
10-46 (Article 4413(29c), Vernon's Texas Civil Statutes), to a person
10-47 who:
10-48 (1) is 15 years of age or older but under 18 years of
10-49 age;
10-50 (2) has satisfactorily completed and passed the
10-51 classroom phase of an approved driver education course or has
10-52 enrolled in an approved driver education course of at least 32
10-53 hours in which the classroom and laboratory phases are conducted
10-54 concurrently;
10-55 (3) has obtained a high school diploma or its
10-56 equivalent or is a student:
10-57 (A) enrolled in a public school, home school, or
10-58 private school who attended school for at least 90 percent of the
10-59 days classes were offered at the school in the fall or spring
10-60 semester preceding the date of application; or
10-61 (B) who has been enrolled for at least 45 days
10-62 and is enrolled as of the date of the application in a program to
10-63 prepare persons to pass the high school equivalency exam; and
10-64 (4) has passed each examination required under Section
10-65 521.161 other than the driving test.
10-66 (b) Notwithstanding Section 521.271, an instruction permit
10-67 issued under this section expires on the 45th day after the date of
10-68 issuance.
10-69 (c) A driver education school that issues, as an instruction
11-1 permit under Section 521.222, the instruction permit portion of a
11-2 driver education certificate shall notify the Texas Education
11-3 Agency. The agency shall maintain the information in the database
11-4 required by Section 9A(b), Texas Driver and Traffic Safety
11-5 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes).
11-6 SECTION 20. Subsection (a), Section 543.111, Transportation
11-7 Code, is amended to read as follows:
11-8 (a) The commissioner of education [State Board of Education]
11-9 shall enter into a memorandum of understanding with the Texas
11-10 Department of Insurance for the interagency development of a
11-11 curriculum for driving safety courses.
11-12 SECTION 21. Subsection (c), Section 543.112, Transportation
11-13 Code, is amended to read as follows:
11-14 (c) The Texas Education Agency shall issue duplicate uniform
11-15 certificates of course completion. The agency [State Board of
11-16 Education] by rule shall determine the amount of the fee to be
11-17 charged for issuance of a duplicate certificate.
11-18 SECTION 22. Section 5, Texas Driver and Traffic Safety
11-19 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
11-20 is repealed.
11-21 SECTION 23. This Act takes effect September 1, 1999.
11-22 SECTION 24. The importance of this legislation and the
11-23 crowded condition of the calendars in both houses create an
11-24 emergency and an imperative public necessity that the
11-25 constitutional rule requiring bills to be read on three several
11-26 days in each house be suspended, and this rule is hereby suspended.
11-27 * * * * *