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By: Averitt S.B. No. 20
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of drivers education and driving safety
programs by the Texas Department of Regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1001.001, Education Code, is amended by
amending Subdivisions (2), (3), (4), and (5) and adding Subdivision
(13-a) to read as follows:
(2) "Approved driving safety course" means a driving
safety course approved by the department [commissioner].
(3) "Commission" ["Commissioner"] means the Texas
Commission of Licensing and Regulation [commissioner of
education].
(4) "Course provider" means an enterprise that:
(A) maintains a place of business or solicits
business in this state;
(B) is operated by an individual, association,
partnership, or corporation; and
(C) has received an approval for a driving safety
course from the department [commissioner] or has been designated by
a person who has received that approval to conduct business and
represent the person in this state.
(5) "Department" means the Texas Department of
Licensing and Regulation [Public Safety].
(13-a) "Executive director" means the executive
director of the department.
SECTION 2. Section 1001.002(c), Education Code, is amended
to read as follows:
(c) A driver education course is exempt from this chapter,
other than Section 1001.055, if the course is:
(1) conducted by a vocational driver training school
operated to train or prepare a person for a field of endeavor in a
business, trade, technical, or industrial occupation;
(2) conducted by a school or training program that
offers only instruction of purely avocational or recreational
subjects as determined by the department [commissioner];
(3) sponsored by an employer to train its own
employees without charging tuition;
(4) sponsored by a recognized trade, business, or
professional organization with a closed membership to instruct the
members of the organization; or
(5) conducted by a school regulated and approved under
another law of this state.
SECTION 3. Sections 1001.003 and 1001.004, Education Code,
are amended to read as follows:
Sec. 1001.003. LEGISLATIVE INTENT REGARDING SMALL
BUSINESSES. It is the intent of the legislature that commission
[agency] rules that affect driver training schools that qualify as
small businesses be adopted and administered so as to have the least
possible adverse economic effect on the schools.
Sec. 1001.004. COST OF ADMINISTERING CHAPTER. The cost of
administering this chapter shall be included in the state budget
allowance for the department [agency].
SECTION 4. Sections 1001.051 and 1001.052, Education Code,
are amended to read as follows:
Sec. 1001.051. JURISDICTION OVER SCHOOLS. The department
[agency] has jurisdiction over and control of driver training
schools regulated under this chapter.
Sec. 1001.052. RULES. The commission [agency] shall adopt
[and administer] comprehensive rules governing driving safety
courses, including rules to ensure the integrity of approved
driving safety courses and enhance program quality.
SECTION 5. The heading to Section 1001.053, Education Code,
is amended to read as follows:
Sec. 1001.053. POWERS AND DUTIES OF DEPARTMENT
[COMMISSIONER].
SECTION 6. Section 1001.053(a), Education Code, is amended
to read as follows:
(a) The department [commissioner] shall:
(1) administer [the policies of] this chapter;
(2) enforce minimum standards for driver training
schools under this chapter; and
(3) [adopt and] enforce rules adopted by the
commission necessary to administer this chapter[; and
[(4) visit a driver training school or course provider
and reexamine the school or course provider for compliance with
this chapter].
SECTION 7. The heading to Section 1001.054, Education Code,
is amended to read as follows:
Sec. 1001.054. RULES RESTRICTING ADVERTISING [OR
COMPETITIVE BIDDING].
SECTION 8. Section 1001.054(c), Education Code, is amended
to read as follows:
(c) The commission [commissioner] by rule may restrict
advertising by a branch location of a driver training school so that
the location adequately identifies the primary location of the
school in a solicitation.
SECTION 9. Section 1001.055, Education Code, is amended to
read as follows:
Sec. 1001.055. DRIVER EDUCATION CERTIFICATES. (a) The
department [agency] shall print and supply to each licensed or
exempt driver education school driver education certificates to be
used for certifying completion of an approved driver education
course to satisfy the requirements of Section 521.204(a)(2),
Transportation Code. The certificates must be numbered serially.
(b) The commission [agency] by rule shall provide for the
design and distribution of the certificates in a manner that, to the
greatest extent possible, prevents the unauthorized reproduction
or misuse of the certificates.
(c) The department [agency] may charge a fee of not more
than $4 for each certificate.
SECTION 10. Subsections (b), (c), (e) and (g), Section
1001.056, Education Code, as amended by H.B. 468, 79th Legislature,
Regular Session, are amended to read as follows:
(b) The department [agency] shall provide each licensed
course provider with course completion certificate numbers to
enable the provider to print and issue [agency-approved]
department-approved uniform certificates of course completion.
The certificates must be serial.
(c) The department [agency] by rule shall provide for the
design of the certificates and the distribution of certificate
numbers in a manner that, to the greatest extent possible, prevents
the unauthorized production or the misuse of the certificates or
certificate numbers.
(e) The department [agency] may charge a fee of not more
than $4 for each course completion certificate number. A course
provider that supplies a certificate to an operator shall collect
from the operator a fee equal to the amount of the fee paid to the
agency for the certificate number.
(g) A course provider shall issue a duplicate certificate by
United States mail or commercial delivery. The department
[commissioner] by rule shall determine the amount of the fee for
issuance of a duplicate certificate under this subsection.
SECTION 11. Section 1001.057, Education Code, is amended to
read as follows:
Sec. 1001.057. ELECTRONIC TRANSMISSION OF DRIVING SAFETY
COURSE INFORMATION. The department [agency] shall investigate
options to develop and implement procedures to electronically
transmit information relating to driving safety courses to
municipal and justice courts.
SECTION 12. Subchapter B, Chapter 1001, Education Code, is
amended by adding Section 1001.058 to read as follows:
Sec. 1001.058. DESIGNATION OF PERSON TO ADMINISTER CHAPTER.
The executive director may designate a person knowledgeable in the
administration of regulating driver training schools to administer
this chapter for the department.
SECTION 13. Sections 1001.101 and 1001.102, Education Code,
are amended to read as follows:
Sec. 1001.101. DRIVER EDUCATION COURSE CURRICULUM AND
TEXTBOOKS. The commission [commissioner] by rule shall establish
the curriculum and designate the textbooks to be used in a driver
education course.
Sec. 1001.102. ALCOHOL AWARENESS INFORMATION. (a) The
commission [agency] by rule shall require that information relating
to alcohol awareness and the effect of alcohol on the effective
operation of a motor vehicle be included in the curriculum of any
driver education course or driving safety course.
(b) In developing rules under this section, the commission
[agency] shall consult with the Department of Public Safety
[department].
SECTION 14. Sections 1001.103(b), (d), and (e), Education
Code, are amended to read as follows:
(b) The department [agency] shall develop standards for a
separate school certification and approve curricula for drug and
alcohol driving awareness programs that include one or more
courses. Except as provided by commission [agency] rule, a program
must be offered in the same manner as a driving safety course.
(d) In accordance with Section 461.013(b), Health and
Safety Code, the department [agency] and the Department of State
Health Services [Texas Commission on Alcohol and Drug Abuse] shall
enter into a memorandum of understanding for the interagency
approval of the required curricula.
(e) The commission [Notwithstanding Section 1001.056,
Subchapter D, and Sections 1001.213 and 1001.303, the commissioner]
may establish fees in connection with the programs under this
section. The fees must be in amounts reasonable and necessary to
administer the department's [agency's] duties under this section.
SECTION 15. Sections 1001.104 and 1001.105, Education Code,
are amended to read as follows:
Sec. 1001.104. HOSPITAL AND REHABILITATION FACILITIES.
(a) The department [agency] shall enter into a memorandum of
understanding with the Texas Department of Assistive and
Rehabilitative Services [Rehabilitation Commission] and the
Department of Public Safety [department] for the interagency
development of curricula and licensing criteria for hospital and
rehabilitation facilities that teach driver education.
(b) The department [agency] shall administer comprehensive
rules governing driver education courses adopted by mutual
agreement among the commission [agency], the Texas Department of
Assistive and Rehabilitative Services [Rehabilitation Commission],
and the Department of Public Safety [department].
Sec. 1001.105. TEXAS DEPARTMENT OF INSURANCE. The
commission [agency] shall enter into a memorandum of understanding
with the Texas Department of Insurance for the interagency
development of a curriculum for driving safety courses.
SECTION 16. Sections 1001.106(b), (c), and (d), Education
Code, are amended to read as follows:
(b) The commission [commissioner] by rule shall provide
minimum standards of curriculum relating to operation of vehicles
at railroad and highway grade crossings.
(c) Subchapter F, Chapter 51, Occupations Code, Section
51.353, Occupations Code, and Section [Sections 1001.454,]
1001.456 of this code[, and 1001.553] do not apply to a violation of
this section or a rule adopted under this section.
(d) Section 51.352, Occupations Code, and Sections
[1001.455(a)(6),] 1001.501[, 1001.551, 1001.552,] and 1001.554 of
this code do not apply to a violation of this section.
SECTION 17. Section 1001.107, Education Code, is amended to
read as follows:
Sec. 1001.107. INFORMATION RELATING TO LITTER PREVENTION.
(a) The commission [commissioner] by rule shall require that
information relating to litter prevention be included in the
curriculum of each driver education and driving safety course.
(b) In developing rules under this section, the commission
[commissioner] shall consult the Department of Public Safety
[department].
SECTION 18. Sections 1001.108(a) and (c), Education Code,
are amended to read as follows:
(a) The commission [commissioner] by rule shall require
that information relating to anatomical gifts be included in the
curriculum of each driver education course and driving safety
course.
(c) In developing rules under this section, the commission
[commissioner] shall consult with the Department of Public Safety
[department] and the [Texas] Department of State Health Services.
SECTION 19. Section 1001.151, Education Code, as amended by
H.B. 468, 79th Legislature, Regular Session, is amended to read as
follows:
Sec. 1001.151. APPLICATION, LICENSE, AND REGISTRATION
FEES. (a) The commission [commissioner] shall establish
[collect] application, license, and registration fees. The fees
must be in amounts sufficient to cover administrative costs and are
nonrefundable. The department shall collect the application,
license, and registration fees.
(b) The commission shall establish a fee for:
(1) an initial driver education school license and [is
$1,000 plus $850] for each branch location; [.]
(2) [(c) The fee for] an initial driving safety school
license; [is an appropriate amount established by the commissioner
not to exceed $200.]
(3) [(d) The fee for] an initial course provider
license [is an appropriate amount established by the commissioner
not to exceed $2,000], except that the commission [agency] may
waive the fee if revenue received from the course provider is
sufficient to cover the cost of licensing the course provider;[.]
(4) the [(e) The] annual renewal [fee] for a course
provider, driving safety school, driver education school, or branch
location [is an appropriate amount established by the commissioner
not to exceed $200], except that the commission [agency] may waive
the fee if revenue generated by the issuance of course completion
certificate numbers and driver education certificates is
sufficient to cover the cost of administering this chapter and
Article 45.0511, Code of Criminal Procedure;[.]
(5) [(f) The fee for] a change of address of[:
[(1)] a driver education school, [is $180; and
[(2)] a driving safety school, or course provider; [is
$50.]
(6) [(g) The fee for] a change of name of:
(A) [(1)] a driver education school or course
provider or an owner of a driver education school or course provider
[is $100]; or [and]
(B) [(2)] a driving safety school or owner of a
driving safety school; [is $50.]
(7) [(h) The application fee for] each additional
driver education or driving safety course at a driver training
school; [is $25.]
(8) an [(i) The] application of a [fee for:
[(1) each] director, [is $30; and
[(2) each] assistant director, or administrative
staff member; and [is $15.]
(9) an [(j) Each] application for approval of a
driving safety course that has not been evaluated by the department
[commissioner must be accompanied by a nonrefundable fee of
$9,000];
(10) an application for approval to teach an approved
driving safety course by an alternative method.
(c) [(k)] An application for an original driver education
or driving safety instructor license must be accompanied by a
processing fee [of $50] and an annual license fee [of $25], except
that the department [commissioner] may not collect the processing
fee from an applicant for a driver education instructor license who
is currently teaching a driver education course in a public school
in this state.
(d) [(l)] The commission [commissioner] shall establish the
amount of the fee for a duplicate license.
SECTION 20. Section 1001.153, Education Code, is amended to
read as follows:
Sec. 1001.153. COMPLAINT INVESTIGATION FEE. (a) The
commission [commissioner] shall establish the amount of the fee to
investigate a driver training school or course provider to resolve
a complaint against the school or course provider.
(b) The fee may be charged only if:
(1) the complaint could not have been resolved solely
by telephone or in writing;
(2) a representative of the department [agency]
visited the school or course provider as a part of the complaint
resolution process; and
(3) the school or course provider was found to be at
fault.
SECTION 21. Section 1001.202(b), Education Code, is amended
to read as follows:
(b) A driving safety school may use multiple classroom
locations to teach a driving safety course if each location:
(1) is approved by the parent school and the
department [agency];
(2) has the same name as the parent school; and
(3) has the same ownership as the parent school.
SECTION 22. Sections 1001.203, 1001.204, 1001.205, and
1001.206, Education Code, are amended to read as follows:
Sec. 1001.203. APPLICATION. To operate or do business in
this state, a driver training school must apply to the department
[commissioner] for the appropriate license. The application must:
(1) be in writing;
(2) be in the form prescribed by the department
[commissioner];
(3) include all required information; and
(4) be verified.
Sec. 1001.204. REQUIREMENTS FOR DRIVER EDUCATION SCHOOL
LICENSE. The department [commissioner] shall approve an
application for a driver education school license if, on
investigation of the premises of the school, it is determined that
the school:
(1) has courses, curricula, and instruction of a
quality, content, and length that reasonably and adequately achieve
the stated objective for which the courses, curricula, and
instruction are offered;
(2) has adequate space, equipment, instructional
material, and instructors to provide training of good quality in
the classroom and behind the wheel;
(3) has directors, instructors, and administrators
who have adequate educational qualifications and experience;
(4) provides to each student before enrollment:
(A) a copy of:
(i) the refund policy;
(ii) the schedule of tuition, fees, and
other charges; and
(iii) the regulations relating to absence,
grading policy, and rules of operation and conduct; and
(B) the department's name, mailing address,
[and] telephone number, and Internet website address [of the
agency] for the purpose of directing complaints to the department
[agency];
(5) maintains adequate records as prescribed by the
department [commissioner] to show attendance and progress or grades
and enforces satisfactory standards relating to attendance,
progress, and conduct;
(6) on completion of training, issues each student a
certificate indicating the course name and satisfactory
completion;
(7) complies with all county, municipal, state, and
federal regulations, including fire, building, and sanitation
codes and assumed name registration;
(8) is financially sound and capable of fulfilling its
commitments for training;
(9) has administrators, directors, owners, and
instructors who are of good reputation and character;
(10) maintains and publishes as part of its student
enrollment contract the proper policy for the refund of the unused
portion of tuition, fees, and other charges if a student fails to
take the course or withdraws or is discontinued from the school at
any time before completion;
(11) does not use erroneous or misleading advertising,
either by actual statement, omission, or intimation, as determined
by the department [commissioner];
(12) does not use a name similar to the name of another
existing school or tax-supported educational institution in this
state, unless specifically approved in writing by the executive
director [commissioner];
(13) submits to the department [agency] for approval
the applicable course hour lengths and curriculum content for each
course offered by the school;
(14) does not owe an administrative penalty for a
violation of [under] this chapter; and
(15) meets any additional criteria required by the
department [agency].
Sec. 1001.205. REQUIREMENTS FOR DRIVING SAFETY SCHOOL
LICENSE. The department [commissioner] shall approve an
application for a driving safety school license if on investigation
the department [agency] determines that the school:
(1) has driving safety courses, curricula, and
instruction of a quality, content, and length that reasonably and
adequately achieve the stated objective for which the course,
curricula, and instruction are developed by the course provider;
(2) has adequate space, equipment, instructional
material, and instructors to provide training of good quality;
(3) has instructors and administrators who have
adequate educational qualifications and experience;
(4) maintains adequate records as prescribed by the
department [commissioner] to show attendance and progress or grades
and enforces satisfactory standards relating to attendance,
progress, and conduct;
(5) complies with all county, municipal, state, and
federal laws, including fire, building, and sanitation codes and
assumed name registration;
(6) has administrators, owners, and instructors who
are of good reputation and character;
(7) does not use erroneous or misleading advertising,
either by actual statement, omission, or intimation, as determined
by the department [commissioner];
(8) does not use a name similar to the name of another
existing school or tax-supported educational establishment in this
state, unless specifically approved in writing by the executive
director [commissioner];
(9) maintains and uses the approved contract and
policies developed by the course provider;
(10) does not owe an administrative penalty for a
violation of [under] this chapter;
(11) will not provide a driving safety course to a
person for less than $25; and
(12) meets additional criteria required by the
department [commissioner].
Sec. 1001.206. REQUIREMENTS FOR COURSE PROVIDER LICENSE.
The department [commissioner] shall approve an application for a
course provider license if on investigation the department [agency]
determines that:
(1) the course provider has an approved course that at
least one licensed driving safety school is willing to offer;
(2) the course provider has adequate educational
qualifications and experience;
(3) the course provider will:
(A) develop and provide to each driving safety
school that offers the approved course a copy of:
(i) the refund policy; and
(ii) the regulations relating to absence,
grading policy, and rules of operation and conduct; and
(B) provide to the driving safety school the
department's name, mailing address, [and] telephone number, and
Internet website address [of the agency] for the purpose of
directing complaints to the department [agency];
(4) a copy of the information provided to each driving
safety school under Subdivision (3) will be provided to each
student by the school before enrollment;
(5) not later than the 15th working day after the date
the person successfully completes the course, the course provider
[will mail] shall issue a uniform certificate of course completion
by United States mail or commercial delivery to the person
indicating the course name and successful completion;
(6) the course provider maintains adequate records as
prescribed by the department [commissioner] to show attendance and
progress or grades and enforces satisfactory standards relating to
attendance, progress, and conduct;
(7) the course provider complies with all county,
municipal, state, and federal laws, including assumed name
registration and other applicable requirements;
(8) the course provider is financially sound and
capable of fulfilling its commitments for training;
(9) the course provider is of good reputation and
character;
(10) the course provider maintains and publishes as a
part of its student enrollment contract the proper policy for the
refund of the unused portion of tuition, fees, and other charges if
a student fails to take the course or withdraws or is discontinued
from the school at any time before completion;
(11) the course provider does not use erroneous or
misleading advertising, either by actual statement, omission, or
intimation, as determined by the department [commissioner];
(12) the course provider does not use a name similar to
the name of another existing school or tax-supported educational
institution in this state, unless specifically approved in writing
by the executive director [commissioner];
(13) the course provider does not owe an
administrative penalty for a violation of [under] this chapter; and
(14) the course provider meets additional criteria
required by the department [commissioner].
SECTION 23. Sections 1001.207(a) and (b), Education Code,
are amended to read as follows:
(a) Before a driver education school may be issued a
license, the school must file a corporate surety bond with the
department [commissioner] in the amount of:
(1) $10,000 for the primary location of the school;
and
(2) $5,000 for each branch location.
(b) A bond issued under Subsection (a) must be:
(1) issued in a form approved by the department
[commissioner];
(2) issued by a company authorized to do business in
this state;
(3) payable to the state to be used only for payment of
a refund due to a student or potential student;
(4) conditioned on the compliance of the school and
its officers, agents, and employees with this chapter and rules
adopted under this chapter; and
(5) issued for a period corresponding to the term of
the license.
SECTION 24. Section 1001.209(b), Education Code, as amended
by H.B. 468, 79th Legislature, Regular Session, is amended to read
as follows:
(b) A bond issued under Subsection (a) must be:
(1) issued by a company authorized to do business in
this state;
(2) payable to the state to be used:
(A) for payment of a refund due a student of the
course provider's approved course;
(B) to cover the payment of unpaid fees or
penalties assessed by the department [agency]; or
(C) to recover any cost associated with providing
course completion certificate numbers, including the cancellation
of certificate numbers;
(3) conditioned on the compliance of the course
provider and its officers, agents, and employees with this chapter
and rules adopted under this chapter; and
(4) issued for a period corresponding to the term of
the license.
SECTION 25. Section 1001.210, Education Code, is amended to
read as follows:
Sec. 1001.210. ALTERNATE FORM OF SECURITY. Instead of the
bond required by Section 1001.207 or 1001.209, a driver education
school or course provider may provide another form of security that
is:
(1) [(A)] approved by the department [commissioner]; and
(2) [(B)] in the amount required for a comparable bond under
Section 1001.207 or 1001.209.
SECTION 26. Sections 1001.211(a) and (b), Education Code,
are amended to read as follows:
(a) The department [commissioner] shall issue a license to
an applicant for a license under this subchapter if:
(1) the application is submitted in accordance with
this subchapter; and
(2) the applicant meets the requirements of this
chapter.
(b) A license must be in a form determined by the department
[commissioner] and must show in a clear and conspicuous manner:
(1) the date of issuance, effective date, and term of
the license;
(2) the name and address of the driver training school
or course provider;
(3) the authority for and conditions of approval;
(4) the executive director's [commissioner's]
signature; and
(5) any other fair and reasonable representation that
is consistent with this chapter and that the department
[commissioner] considers necessary.
SECTION 27. Section 1001.212, Education Code, is amended to
read as follows:
Sec. 1001.212. NOTICE OF DENIAL OF LICENSE. The department
[commissioner] shall provide a person whose application for a
license under this subchapter is denied a written statement of the
reasons for the denial.
SECTION 28. Sections 1001.213(c) and (d), Education Code,
are amended to read as follows:
(c) The commission may establish [Instead of the] fees
[required by Section 1001.151, the fee] for a new driver education
school or course provider license under Subsection (b) and [is
$500, plus $200] for each branch location that are different from
the amounts established under Section 1001.151[,] if:
(1) the new owner is substantially similar to the
previous owner; and
(2) there is no significant change in the management
or control of the driver education school or course provider.
(d) The department [commissioner] is not required to
reinspect a school or a branch location after a change of ownership.
SECTION 29. Section 1001.214, Education Code, is amended to
read as follows:
Sec. 1001.214. DUPLICATE LICENSE. A duplicate license may
be issued to a driver training school or course provider if:
(1) the original license is lost or destroyed; and
(2) an affidavit of that fact is filed with the
department [agency].
SECTION 30. Sections 1001.251, 1001.252, and 1001.253,
Education Code, are amended to read as follows:
Sec. 1001.251. LICENSE REQUIRED FOR INSTRUCTOR. (a) A
person may not teach or provide driver education, either as an
individual or in a driver education school, or conduct any phase of
driver education, unless the person holds a driver education
instructor license issued by the department [agency].
(b) A person may not teach or provide driving safety
training, either as an individual or in a driving safety school, or
conduct any phase of driving safety education, unless the person
holds a driving safety instructor license issued by the department
[agency]. This subsection does not apply to an instructor of a
driving safety course that does not provide a uniform certificate
of course completion to its graduates.
Sec. 1001.252. SIGNATURE AND SEAL ON LICENSE REQUIRED. A
license under this subchapter must be signed by the executive
director [commissioner].
Sec. 1001.253. DRIVER EDUCATION INSTRUCTOR TRAINING.
(a) The department [commissioner] shall establish standards for
certification of professional and paraprofessional personnel who
conduct driver education programs in driver education schools.
(b) A driver education instructor license authorizing a
person to teach or provide behind-the-wheel training may not be
issued unless the person has successfully completed six semester
hours of driver and traffic safety education or a program of study
in driver education approved by the department [commissioner] from
an approved driver education school.
(c) A person who holds a driver education instructor license
authorizing behind-the-wheel training may not be approved to
[assist a classroom instructor] provide instruction in the
classroom phase of driver education, under the certification of a
classroom instructor, unless the person has successfully completed
the three additional semester hours of training required for a
classroom instructor or a program of study in driver education
approved by the department [commissioner].
(d) Except as provided by Section 1001.254, a driver
education instructor license authorizing a person to teach or
provide classroom training may not be issued unless the person:
(1) has completed nine semester hours of driver and
traffic safety education or a program of study in driver education
approved by the department [commissioner] from an approved driver
education school; and
(2) holds a teaching certificate and any additional
certification required to teach driver education.
(e) A driver education instructor who has completed the
educational requirements prescribed by Subsection (d)(1) may not
teach instructor training classes unless the instructor has
successfully completed a supervising instructor development
program consisting of at least six additional semester hours or a
program of study in driver education approved by the department
[commissioner] that includes administering driver education
programs and supervising and administering traffic safety
education, except that the supervising teacher may allow driver
education teachers and teaching assistants to provide training in
areas appropriate for their level of certification or licensure.
(f) A driver education school may submit for department
[agency] approval a curriculum for an instructor development
program for driver education instructors. The program must:
(1) be taught by a person who has completed a
supervising instructor development program under Subsection (e);
and
(2) satisfy the requirements of this section for the
particular program or type of training to be provided.
SECTION 31. Section 1001.254(a), Education Code, is amended
to read as follows:
(a) A temporary driver education instructor license may be
issued authorizing a person to teach or provide classroom driver
education training if the person:
(1) has completed the educational requirements
prescribed by Section 1001.253(d)(1);
(2) holds a Texas teaching certificate with an
effective date before February 1, 1986;
(3) meets all license requirements, other than
successful completion of the examination required under rules
adopted by the State Board for Educator Certification to revalidate
the teaching certificate; and
(4) demonstrates, in a manner prescribed by the
department [commissioner], the intention to comply with the
examination requirement at the first available opportunity.
SECTION 32. Sections 1001.255(a), (b), and (c), Education
Code, are amended to read as follows:
(a) The department [agency] shall regulate as a driver
education school a driver education instructor who:
(1) teaches driver education courses in a county
having a population of 50,000 or less; and
(2) does not teach more than 200 students annually.
(b) An instructor described by Subsection (a) must submit to
the department [agency] an application for an initial or renewal
driver education school license, together with all required
documentation and information.
(c) The department [commissioner] may waive initial or
renewal driver education school license fees or the fee for a
director or administrative staff member.
SECTION 33. Section 1001.256, Education Code, is amended to
read as follows:
Sec. 1001.256. DUPLICATE LICENSE. A duplicate license may
be issued to a driver education instructor or driving safety
instructor if:
(1) the original license is lost or destroyed; and
(2) an affidavit of that fact is filed with the
department [agency].
SECTION 34. The heading to Subchapter G, Chapter 1001,
Education Code, is amended to read as follows:
SUBCHAPTER G. LICENSE EXPIRATION [AND RENEWAL]
SECTION 35. Section 1001.351(b), Education Code, as amended
by H.B. 468, 79th Legislature, Regular Session, is amended to read
as follows:
(b) A course provider shall electronically submit to the
department [agency] in the manner established by the department
[agency] data identified by the department [agency] relating to
uniform certificates of course completion issued by the course
provider.
SECTION 36. Section 1001.352, Education Code, is amended to
read as follows:
Sec. 1001.352. FEES FOR DRIVING SAFETY COURSE. (a) A
course provider shall charge each student:
(1) at least $25 for a driving safety course; and
(2) a fee of at least $3 which shall be retained by the
course provider to be used solely for course materials and for
supervising and administering the course as required by this
chapter and the rules of the commission.
(b) The department shall periodically audit course
providers to verify compliance with this subsection. A course
provider shall make its books and records available to the
department as needed to verify compliance with this section and
failure to do so may be enforced pursuant to Subchapter J.
SECTION 37. Sections 1001.354(a) and (b), Education Code,
are amended to read as follows:
(a) A driving safety course may be taught at a driving
safety school if the school is approved by the department [agency].
(b) A driving safety school may teach an approved driving
safety course by an alternative method that does not require
students to be present in a classroom if the department
[commissioner] approves the alternative method. The department
[commissioner] may approve the alternative method if:
(1) the department [commissioner] determines that the
approved driving safety course can be taught by the alternative
method; and
(2) the alternative method includes testing and
security measures that are at least as secure as the measures
available in the usual classroom setting.
SECTION 38. Sections 1001.404(b) and (c), Education Code,
are amended to read as follows:
(b) The department [commissioner] shall establish annually
the rate of interest for a refund at a rate sufficient to provide a
deterrent to the retention of student money.
(c) The department [agency] may except a driver education
school or course provider from the payment of interest if the school
or course provider makes a good-faith effort to refund tuition,
fees, and other charges but is unable to locate the student to whom
the refund is owed. On request of the department [agency], the
school or course provider shall document the effort to locate a
student.
SECTION 39. Sections 1001.451 and 1001.452, Education Code,
are amended to read as follows:
Sec. 1001.451. PROHIBITED PRACTICES. A person may not:
(1) use advertising designed to mislead or deceive a
prospective student;
(2) fail to notify the department [commissioner] of
the discontinuance of the operation of a driver training school
before the fourth working day after the date of cessation of classes
and make available accurate records as required by this chapter;
(3) issue, sell, trade, or transfer:
(A) a uniform certificate of course completion or
driver education certificate to a person or driver training school
not authorized to possess the certificate;
(B) a uniform certificate of course completion to
a person who has not successfully completed an approved, six-hour
driving safety course; or
(C) a driver education certificate to a person
who has not successfully completed a department-approved
[commissioner-approved] driver education course;
(4) negotiate a promissory instrument received as
payment of tuition or another charge before the student completes
75 percent of the course, except that before that time the
instrument may be assigned to a purchaser who becomes subject to any
defense available against the school named as payee; or
(5) conduct any part of an approved driver education
course or driving safety course without having an instructor
physically present in appropriate proximity to the student for the
type of instruction being given.
Sec. 1001.452. COURSE OF INSTRUCTION. A driver education
[training] school shall [may] not enroll a student[ [maintain,
advertise, solicit for,] or conduct a course of instruction in this
state before [the later of]:
(1) [the 30th day after the date the school applies for
a driver training school license; or]
[(2)] the date the school receives a driver education
[training] school license from the department [commissioner]; and
(2) the facilities and equipment are inspected and
approved by the department.
SECTION 40. Sections 1001.453(d) and (e), Education Code,
are amended to read as follows:
(d) Subchapter F, Chapter 51, Occupations Code, Section
51.353, Occupations Code, and Section [Sections 1001.454,]
1001.456(a) of this code [, and 1001.553] do not apply to a
violation of this section or a rule adopted under this section.
(e) Section 51.352, Occupations Code, and Sections
[1001.455(a)(6),] 1001.501[, 1001.551, 1001.552,] and 1001.554 of
this code do not apply to a violation of this section.
SECTION 41. Section 1001.456, Education Code, as amended by
H.B. 468, 79th Legislature, Regular Session, is amended to read as
follows:
Sec. 1001.456. OTHER DISCIPLINARY ACTIONS. (a) If the
department [agency] believes that a driver education school or
instructor has violated this chapter or a rule or order of the
commission or executive director [adopted under this chapter], the
department [agency] may, without notice:
(1) order a peer review;
(2) suspend the enrollment of students in the school
or the offering of instruction by the instructor; or
(3) suspend the right to purchase driver education
certificates.
(b) If the department [agency] believes that a course
provider, driving safety school, or driving safety instructor has
violated this chapter or a rule or order of the commission or
executive director [adopted under this chapter], the department
[agency] may, without notice:
(1) order a peer review of the course provider,
driving safety school, or driving safety instructor;
(2) suspend the enrollment of students in the school
or the offering of instruction by the instructor; or
(3) suspend the right to purchase course completion
certificate numbers.
(c) A peer review ordered under this section must be
conducted by a team of knowledgeable persons selected by the
department [agency]. The team shall provide the department
[agency] with an objective assessment of the content of the
school's or course provider's curriculum and its application. The
school or course provider shall pay the costs of the peer review.
(d) A suspension of enrollment under Subsection (a)(2) or
(b)(2) means a ruling by the executive director [commissioner] that
restricts a school from:
(1) accepting enrollments or reenrollments;
(2) advertising;
(3) soliciting; or
(4) directly or indirectly advising prospective
students of its program or course offerings.
SECTION 42. The heading to Subchapter L, Chapter 1001,
Education Code, is amended to read as follows:
SUBCHAPTER L. PENALTIES [AND ENFORCEMENT PROVISIONS]
SECTION 43. Section 1001.555(b), Education Code, is amended
to read as follows:
(b) The department [agency] shall contract with the
Department of Public Safety [department] to provide undercover and
investigative assistance in the enforcement of Subsection (a).
SECTION 44. Article 45.0511(b), Code of Criminal Procedure,
is amended to read as follows:
(b) The judge shall require the defendant to successfully
complete a driving safety course approved by the Texas Department
of Licensing and Regulation [Education Agency] or a course under
the motorcycle operator training and safety program approved by the
designated state agency under Chapter 662, Transportation Code, if:
(1) the defendant elects driving safety course or
motorcycle operator training course dismissal under this article;
(2) the defendant has not completed an approved
driving safety course or motorcycle operator training course, as
appropriate, within the 12 months preceding the date of the
offense;
(3) the defendant enters a plea under Article 45.021
in person or in writing of no contest or guilty on or before the
answer date on the notice to appear and:
(A) presents in person or by counsel to the court
a request to take a course; or
(B) sends to the court by certified mail, return
receipt requested, postmarked on or before the answer date on the
notice to appear, a written request to take a course;
(4) the defendant has a valid Texas driver's license or
permit;
(5) the defendant is charged with an offense to which
this article applies, other than speeding 25 miles per hour or more
over the posted speed limit; and
(6) the defendant provides evidence of financial
responsibility as required by Chapter 601, Transportation Code.
SECTION 45. Section 51.308, Education Code, is amended to
read as follows:
Sec. 51.308. DRIVER EDUCATION. A driver education course
for the purpose of preparing students to obtain a driver's license
may be offered by an institution of higher education, as defined by
Section 61.003, with the approval of the Texas Department of
Licensing and Regulation [Central Education Agency].
SECTION 46. Section 521.1655(a), Transportation Code, is
amended to read as follows:
(a) A driver education school licensed under Chapter 1001,
Education Code, [the Texas Driver and Traffic Safety Education Act
(Article 4413(29c), Vernon's Texas Civil Statutes)] may administer
to a student of that school the vision, highway sign, and traffic
law parts of the examination required by Section 521.161.
SECTION 47. Section 521.203, Transportation Code, is
amended to read as follows:
Sec. 521.203. RESTRICTIONS ON CLASS A AND B LICENSES. The
department may not issue a Class A or Class B driver's license to a
person who:
(1) is under 17 years of age;
(2) is under 18 years of age unless the person has
completed a driver training course approved by the Texas Department
of Licensing and Regulation [Central Education Agency]; or
(3) has not provided the department with an affidavit,
on a form prescribed by the department, that states that no vehicle
that the person will drive that requires a Class A or Class B
license is a commercial motor vehicle as defined by Section
522.003.
SECTION 48. Subsection 521.204(a), Transportation Code, is
amended to read as follows:
Sec. 521.204. RESTRICTIONS ON MINOR. (a) The department
may issue a Class C driver's license to an applicant under 18 years
of age only if the applicant:
(1) is 16 years of age or older;
(2) has submitted to the department a driver education
certificate issued under Section 1001.055, Education Code [Section
9A, Texas Driver and Traffic Safety Education Act (Article
4413(29c), Vernon's Texas Civil Statutes)], that states that the
person has completed and passed a driver education course approved
by the department under Section 521.205 or by the Texas Department
of Licensing and Regulation [Education Agency];
(3) has obtained a high school diploma or its
equivalent or is a student:
(A) enrolled in a public school, home school, or
private school who attended school for at least 80 days in the fall
or spring semester preceding the date of the driver's license
application; or
(B) who has been enrolled for at least 45 days,
and is enrolled as of the date of the application, in a program to
prepare persons to pass the high school equivalency exam; and
(4) has passed the examination required by Section
521.161.
SECTION 49. Sections 521.205(b) and (d), Transportation
Code, are amended to read as follows:
(b) The department may not approve a course unless it
determines that the course materials are at least equal to those
required in a course approved by the Texas Department of Licensing
and Regulation [Education Agency], except that the department may
not require that:
(1) the classroom instruction be provided in a room
with particular characteristics or equipment; or
(2) the vehicle used for the behind-the-wheel
instruction have equipment other than the equipment otherwise
required by law for operation of the vehicle on a highway while the
vehicle is not being used for driver training.
(d) Completion of a driver education course approved under
this section has the same effect under this chapter as completion of
a driver education course approved by the Texas Department of
Licensing and Regulation [Education Agency].
SECTION 50. Subsections 521.222(a) and (c), Transportation
Code, are amended to read as follows:
Sec. 521.222. INSTRUCTION PERMIT. (a) The department or a
driver education school licensed under Chapter 1001, Education
Code, [the Texas Driver and Traffic Safety Education Act (Article
4413(29c), Vernon's Texas Civil Statutes)] may issue an instruction
permit, including a Class A or Class B driver's license instruction
permit, to a person who:
(1) is 15 years of age or older but under 18 years of
age;
(2) has satisfactorily completed and passed the
classroom phase of an approved driver education course, which may
be a course approved under Section 521.205;
(3) meets the requirements imposed under Section
521.204(3); and
(4) has passed each examination required under Section
521.161 other than the driving test.
(c) A driver education school may issue an instruction
permit to a person 18 years of age or older who has successfully
passed:
(1) a six-hour adult classroom driver education course
approved by the Texas Department of Licensing and Regulation
[Education Agency]; and
(2) each part of the driver's examination required by
Section 521.161 other than the driving test.
SECTION 51. Sections 1001.001(1), 1001.053(b) and (c),
1001.054(a) and (b), 1001.152, 1001.303, 1001.304, 1001.454,
1001.455, 1001.457, 1001.458, 1001.459, 1001.460, 1001.461,
1001.551, 1001.552, and 1001.553, Education Code, and Subchapter B,
Chapter 543, Transportation Code, are repealed.
SECTION 52. (a) As soon as practicable after the effective
date of this Act, the Texas Education Agency and the Texas
Department of Licensing and Regulation shall develop a transition
plan for transferring the functions performed by the Texas
Education Agency under Chapter 1001, Education Code, to the Texas
Department of Licensing and Regulation. The transition plan must
include a timetable with specific steps and deadlines needed to
complete the transfer.
(b) In accordance with the transition plan developed by the
Texas Education Agency and the Texas Department of Licensing and
Regulation under Subsection (a) of this section, on January 1,
2006:
(1) all functions and activities relating to Chapter
1001, Education Code, performed by the Texas Education Agency
immediately before that date are transferred to the Texas
Department of Licensing and Regulation;
(2) a rule or form adopted by the commissioner of
education that relates to Chapter 1001, Education Code, is a rule or
form of the Texas Commission of Licensing and Regulation or the
Texas Department of Licensing and Regulation, as applicable, and
remains in effect until amended or replaced by that commission or
department;
(3) a reference in law to or an administrative rule of
the Texas Education Agency that relates to Chapter 1001, Education
Code, means the Texas Commission of Licensing and Regulation or the
Texas Department of Licensing and Regulation, as applicable;
(4) a complaint, investigation, or other proceeding
before the Texas Education Agency that is related to Chapter 1001,
Education Code, is transferred without change in status to the
Texas Department of Licensing and Regulation, and the Texas
Department of Licensing and Regulation assumes, as appropriate and
without a change in status, the position of the Texas Education
Agency in an action or proceeding to which the Texas Education
Agency is a party;
(5) all full-time equivalent employee positions at the
Texas Education Agency that primarily concern the administration of
Chapter 1001, Education Code, become positions at the Texas
Department of Licensing and Regulation and, when filling the
positions, the Texas Department of Licensing and Regulation shall
give first consideration to an applicant who, as of December 31,
2005, was a full-time employee at the Texas Education Agency
primarily involved in administering Chapter 1001, Education Code;
(6) all money, contracts, leases, property, and
obligations of the Texas Education Agency related to Chapter 1001,
Education Code, are transferred to the Texas Department of
Licensing and Regulation;
(7) all property in the custody of the Texas Education
Agency related to Chapter 1001, Education Code, is transferred to
the Texas Department of Licensing and Regulation; and
(8) the unexpended and unobligated balance of any
money appropriated by the legislature for the Texas Education
Agency related to Chapter 1001, Education Code, is transferred to
the Texas Department of Licensing and Regulation.
(c) Before January 1, 2006, the Texas Education Agency may
agree with the Texas Department of Licensing and Regulation to
transfer any property of the Texas Education Agency to the Texas
Department of Licensing and Regulation to implement the transfer
required by this Act.
(d) In the period beginning with the effective date of this
Act and ending on January 1, 2006, the Texas Education Agency shall
continue to perform functions and activities under Chapter 1001,
Education Code, as if that chapter had not been amended by this Act,
and the former law is continued in effect for that purpose.
SECTION 53. Before December 31, 2007, the department shall
perform a complete review and approval of each six-hour driving
safety course and alternative delivery method approved before July
1, 2005, to verify compliance with Chapter 1001, Education Code,
and the rules of the department applicable to the course or method.
The department shall charge each course provider and alternative
method owner the fee applicable to an application for initial
approval of a driving safety course, which funds are appropriated
to the department to administer the requirements of this
subsection. The department may revoke the approval of any course or
alternative delivery method that is not in compliance with Chapter
1001, Education Code, the rules of the department under that
chapter or this subsection. This subsection does not apply to a
specialized driving safety course approved by the Texas Education
Agency that includes four hours of instruction that encourages the
use of child passenger safety seat systems and the wearing of seat
belts.
SECTION 54. The changes in law made by this article apply
only to a fee charged on or after January 1, 2006. A fee charged
before January 1, 2006, is governed by the law in effect immediately
before that date, and the former law is continued in effect for that
purpose.
SECTION 55. Except as otherwise provided by this Act, the
changes in law made by this article apply only to a license issued
or renewed on or after January 1, 2006. An issuance or renewal that
occurs before January 1, 2006, is governed by the law in effect
immediately before that date, and the former law is continued in
effect for that purpose.
SECTION 56. 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 November 1, 2005.