78R12452 JRJ-F
By: Hegar H.B. No. 2751
Substitute the following for H.B. No. 2751:
By: Driver C.S.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), 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.
(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.
(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.
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.