78R8573 T

By:  Hegar                                                        H.B. No. 2751



A BILL TO BE ENTITLED

AN ACT

relating to the imposition of a civil penalty or a sanction on 
certain driving safety courses.
	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.  VIOLATION 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)  Notwithstanding Sections 24 and 25 of this Act, the 
commissioner must provide written notice and an opportunity to cure 
before the commissioner may impose a civil penalty or a sanction on 
a course provider who is alleged to have violated a provision of 
this Act.  The commissioner shall provide written notice by 
certified mail to the course provider stating the specific nature 
of the alleged violation and the required corrective action.
	(c)  The commissioner shall grant the course provider a 
reasonable period of not less than 5 business days to cure the 
alleged violation without a penalty or sanction.  On failure to 
cure, the commissioner may impose a civil penalty or a sanction on 
the course provider as permitted by Section 24 or 25.
	(d)  If the commissioner determines that there is credible 
evidence of intentional fraud, the commissioner may impose a civil 
penalty or a sanction on the course provider as permitted by Section 
24 or 25 without allowing the provider an opportunity to cure the 
violation.
	SECTION 2.  The change in law made by this Act applies only 
to a violation by an Internet driving safety course provider 
occurring on or after the effective date of this Act.  A violation 
by an Internet driving safety course provider occurring before the 
effective date of this act is governed by the law in effect when the 
violation occurred, and the former law is continued in effect for 
that purpose.
	SECTION 3.  This Act takes effect September 1, 2003.