77R10265 MTB-D
By Williams H.B. No. 2043
Substitute the following for H.B. No. 2043:
By Alexander C.S.H.B. No. 2043
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to safety standards for buses used to transport students.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 34.002, Education Code, is amended to read
1-5 as follows:
1-6 Sec. 34.002. SAFETY STANDARDS. (a) A school bus used to
1-7 transport public school students that is owned and operated by a
1-8 [The Department of Public Safety, with the advice of the General
1-9 Services Commission and the Texas Education Agency, shall establish
1-10 safety standards for school buses used to transport students in
1-11 accordance with Section 34.002, Education Code.]
1-12 [(b) Each] school district or that is privately owned and
1-13 operated under a contract with a school district shall comply with
1-14 [meet or exceed] the specifications relating to [safety standards
1-15 for] school buses adopted [established] under Section 547.7015,
1-16 Transportation Code, that are in effect on the date the school bus
1-17 is manufactured [Subsection (a)].
1-18 (b) [(c)] A school district that operates a school bus, or
1-19 for which a school bus is operated, in violation of Subsection (a)
1-20 [that fails or refuses to meet the safety standards for school
1-21 buses established under this section] is ineligible to share in the
1-22 transportation allotment under Section 42.155 until the first
1-23 anniversary of the date the district begins complying with
1-24 Subsection (a) [the safety standards].
2-1 SECTION 2. Section 34.003, Education Code, is amended by
2-2 amending Subsections (a), (d), and (e) and adding Subsections (f)
2-3 and (g) to read as follows:
2-4 (a) School buses, as defined by Section 541.201,
2-5 Transportation Code, that comply with Section 34.002(a) or mass
2-6 transit authority motor buses operating under Section 34.008 shall
2-7 be used for the transportation of 10 or more students on routes to
2-8 and from schools [on routes having 10 or more students]. A [On
2-9 those routes having fewer than 10 students,] passenger car, as
2-10 defined by Section 541.201, Transportation Code, [cars] may be used
2-11 for the transportation of fewer than 10 students on routes to and
2-12 from school.
2-13 (d) In this section:
2-14 (1) "Passenger [, "passenger] van" means a motor
2-15 vehicle, other than a motorcycle, motor bus, school bus, or
2-16 passenger car, [used to transport persons and] designed to
2-17 transport more than 10 but fewer than 16 [15 or fewer] passengers,
2-18 including the driver.
2-19 (2) [(e)] "Motor bus" means a vehicle, other than a
2-20 passenger van or passenger car, designed to transport more than 15
2-21 passengers, including the driver.
2-22 (3) "Mass transit authority motor bus" means a motor
2-23 bus that:
2-24 (A) is owned and operated by a mass transit
2-25 authority; and
2-26 (B) is used to transport persons for
2-27 compensation within the limits of a municipality.
3-1 (4) "School-chartered motor bus" means a motor bus
3-2 that:
3-3 (A) is privately owned and operated under a
3-4 short-term contract with school district authorities who have
3-5 acquired the exclusive use of the bus and driver at a fixed rate;
3-6 (B) is used to provide transportation for
3-7 students to a school-related activity or event; and
3-8 (C) is not rented, leased, owned, or operated by
3-9 a school district.
3-10 (e) Except as provided by Subsections (f) and (g), a bus, as
3-11 defined by Section 541.201, Transportation Code, used to transport
3-12 students on routes to and from school or in connection with school
3-13 activities other than on routes to and from school must comply with
3-14 specifications relating to school buses adopted under Section
3-15 547.7015, Transportation Code, that are in effect on the date the
3-16 school bus is manufactured.
3-17 (f) Subsection (e) applies only to a bus purchased, rented,
3-18 leased, or chartered or for bus services contracted for on or after
3-19 September 1, 2001. A bus in use on September 1, 2001, that does
3-20 not meet the requirements of Subsection (e) may continue in use
3-21 until the earlier of:
3-22 (1) September 1, 2006; or
3-23 (2) the end of the contract's term.
3-24 (g) Subsection (e) does not apply to a school-chartered
3-25 motor bus or a mass transit authority motor bus.
3-26 SECTION 3. Section 547.701(b), Transportation Code, is
3-27 amended to read as follows:
4-1 (b) A school bus may be equipped with:
4-2 (1) rooftop warning lamps:
4-3 (A) that conform to and are placed on the bus in
4-4 accordance with specifications adopted under Section 547.7015,
4-5 Transportation [34.002, Education] Code; and
4-6 (B) that are operated under rules adopted by the
4-7 school district; and
4-8 (2) movable stop arms:
4-9 (A) that conform to specifications [regulations]
4-10 adopted under Section 547.7015, Transportation [34.002, Education]
4-11 Code; and
4-12 (B) that may be operated only when the bus is
4-13 stopped to load or unload students.
4-14 SECTION 4. Section 547.7015, Transportation Code, is amended
4-15 to read as follows:
4-16 Sec. 547.7015. SPECIFICATIONS [RULES] RELATING TO SCHOOL
4-17 BUSES. (a) The General Services Commission, with the advice
4-18 of the department and the Texas Education Agency, shall adopt and
4-19 enforce specifications [rules] governing the construction and
4-20 design, color, and lighting and other equipment[, construction, and
4-21 operation] of a school bus used to transport public school students
4-22 [for the transportation of schoolchildren] that is:
4-23 (1) owned and operated by a school district in this
4-24 state; or
4-25 (2) privately owned and operated under a contract with
4-26 a school district in this state.
4-27 (b) In adopting specifications [rules] under this section,
5-1 the General Services Commission shall emphasize:
5-2 (1) safety features; and
5-3 (2) long-range, maintenance-free factors.
5-4 (c) Specifications [Rules] adopted under this section:
5-5 (1) apply to each school district, the officers and
5-6 employees of a district, and each person employed under contract by
5-7 a school district; and
5-8 (2) shall by reference be made a part of any contract
5-9 that is entered into by a school district in this state for the
5-10 transportation of students [schoolchildren] on a privately owned
5-11 school bus.
5-12 SECTION 5. This Act takes effect September 1, 2001.