By:  Delisi                                                       H.B. No. 3358



A BILL TO BE ENTITLED

AN ACT

relating to the authority of the Texas Education Agency to regulate 
acceptable minimum standards for driving safety courses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 4413(29c), Texas Driver and Traffic 
Safety Education Act, is amended by adding Section 6A to read as 
follows:
	Sec. 6A.  ADMINISTRATION OF DRIVING SAFETY COURSES.  (a)  In 
this section:
		(1)  "Impertinent" means:                                              
			(A)  any information addressed in questions given 
during the lesson, which are used to gauge student comprehension of 
course material, that is not directly related to driving safety; or
			(B)  any information addressed in questions on the 
driving safety course comprehensive examination that is not 
directly related to driving safety.
		(2)  "Directly related" means information necessary to 
make sound driving decisions or information regarding specific 
traffic laws.
		(3)  "Traffic offender" means any person who has 
received a traffic citation from the Department of Public Safety or 
a local law enforcement agency in the State of Texas, and has pled 
guilty or nolo contendere.
		(4)  "Student" means any person who has registered for 
and is attending a driving safety course.
		(5)  "Insurance benefit" means any incentive to be 
received from an automotive insurance provider upon completion of a 
driving safety course.
		(6)  "Break" means:                                                    
			(A)  an interruption in a course of instruction 
occurring after the course introduction and before the 
comprehensive exam and course summation; or
			(B)  any routine interruption of a one-day course 
of instruction.   
	(b)  Rules governing driving safety courses shall include, 
but are not limited to the following:
		(1)  There shall be no impertinent questions used to 
gauge a student's comprehension of course material;
		(2)  There shall be no impertinent questions on an 
examination necessary for the completion of a driving safety 
course;
		(3)  No question shall be repeated on any one 
examination;           
		(4)  There shall be mandatory attendance checks to be 
administered immediately upon return from each break.  A student's 
failure to attend the entire class will result in that student's 
failure of the driving safety course without refund.  A grace period 
may be allowed for students late in returning according to the 
discretion of the course instructor, and this rule may be 
disregarded in extenuating circumstances at the discretion of the 
course instructor.  The student may seek to register for a later 
class for the same fee as that of the failed course;
		(5)  Any period of absence from any portion of 
instruction will require that the student complete that portion of 
instruction.  All make-up lessons must be equivalent in length and 
content to the instruction missed and taught by a licensed 
instructor;
		(6)  A traffic offender may take a driving safety 
course only once in a twelve month period to for purposes of 
satisfying a court ruling; and
		(7)  If a student is found to be, or to have been 
engaged in activities that, in the opinion of the course 
instructor, are dishonest, the result is automatic failure of the 
driving safety course without refund.  That student's privilege of 
taking such a course for the purpose of satisfying a court ruling, 
or for insurance benefits is prohibited for a period of twelve 
months.  If the student was taking the driving safety course for the 
purpose of clearing a traffic citation from the student's driving 
record, the citation shall be added to that record, along with a 
note indicating the dishonest activity in which the student was 
engaged.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.