By:  Hegar                                                        H.B. No. 2751



A BILL TO BE ENTITLED

AN ACT

relating to changes in driving safety courses conducted through the 
Internet.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The Texas Driver and Traffic Safety Education 
Act (Article 4413(29c), Vernon's Texas Civil Statutes) is amended 
by adding Section 11A to read as follows:
	Sec. 11A. COURSE CHANGE BY INTERNET COURSE PROVIDER. (a) 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)  A course provider may 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.
	(c)  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)  The course provider may 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.  The commissioner shall 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)  If the commissioner disapproves the change based on a 
determination that the change violates this Act or a rule adopted 
under this Act, the commissioner shall include an explanation of 
the alleged violation in the notice to the course provider.  The 
commissioner shall 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.  If the course provider 
does not cure the alleged violation in that time, the commissioner 
may impose a civil penalty or a sanction on the course provider as 
permitted by Section 24 or 25 of this Act.
	(f)  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.  The change in law made by this Act applies only 
to a change to an Internet driving safety course made on or after 
the effective date of this Act.  A change to an Internet driving 
safety course made before the effective date of this Act is governed 
by the law in effect when the change was made, and the former law is 
continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2003.