SRC-JEC H.B. 2751 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2751
By: Hegar (Lindsay)
Infrastructure Development and Security
5/22/2003
Engrossed


DIGEST AND PURPOSE 

Under current law, an alternative driving safety course, including an
Internet course, is subject to the same civil penalties and sanctions as
any other driving safety course.  This can present a problem for Internet
courses because they are in a relatively early stage of development and
are still working to fully comply with regulations originally promulgated
for traditional classroom courses.  H.B. 2751 allows providers to make
changes to courses without prior approval and requires the commissioner of
education to provide an Internet driving safety course provider with
notice of a violation before imposing a civil penalty or sanction. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the Texas Driver and Traffic Safety Education Act
(Article 4413(29c), V.T.C.S.) by adding Section 11A, as follows: 

Sec. 11A. COURSE CHANGE BY INTERNET COURSE PROVIDER. (a) Provides that
this section applies only to a course provider who offers a driving safety
course that has been approved under Section 11 of this Act to be taught by
an alternative delivery method through the Internet. 

(b)  Authorizes a course provider to make a change to a driving safety
course, including a change in the technology used to conduct the course,
without prior approval of the commissioner of education (commissioner). 

(c)  Provides that, except as provided by Subsections (d) and (e) of this
section, if a change implemented under this section violates a provision
of this Act, the course provider is liable for any penalty or sanction as
permitted by Section 24 or 25 of this Act. 

(d)  Authorizes the course provider to submit a written notification,
including a complete description of the change, by certified mail to the
commissioner at the time that a change to the driving safety course is
made.  Requires the commissioner to approve or disapprove of the change
and notify the course provider of the decision by certified mail not later
than 30 business days after receiving the notification from the course
provider. 

(e)  Requires the commissioner, if the commissioner disapproves the change
based on a determination that the change violates this Act or a rule
adopted under this Act, to include an explanation of the alleged violation
in the notice to the course provider. Requires the commissioner to grant
the course provider five business days from the date the provider receives
the notice to cure the alleged violation without a penalty or  sanction.
Authorizes the commissioner, if the course provider does not cure the
alleged violation in that time, to impose a civil penalty or a sanction on
the course provider as permitted by Section 24 or 25 of this Act. 

(f)  Provides that if a course provider makes a change in a driving safety
course for which the commissioner has previously provided written notice
to the course provider under Subsection (e) of this section stating that
the commissioner has determined that the change violates this Act or a
rule adopted under this Act, the commissioner is not required to provide
the course provider five business days to cure the alleged violation and
may impose a civil penalty or a sanction on the course provider as
permitted by Section 24 or 25 of this Act. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  September 1, 2003.