79R169(1) JRJ
By: Hegar H.B. No. 468
A BILL TO BE ENTITLED
AN ACT
relating to driver and traffic safety education courses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1001.056, Education Code, is amended by
amending Subsections (b), (c), (e), (f), and (g) and adding
Subsection (b-1) to read as follows:
(b) The agency shall:
(1) print and supply to each licensed course provider
uniform certificates of course completion; or
(2) provide a licensed course provider with course
completion certificate numbers to enable the provider to print and
issue agency-approved certificates of course completion.
(b-1) Certificate numbering under Subsection (b) [The
certificates] must be serial, regardless of whether the agency
provides certificates or certificate numbers to a licensed course
provider [numbered serially].
(c) The agency by rule shall provide for the design and
distribution of the certificates or the distribution of certificate
numbers in a manner that, to the greatest extent possible, prevents
the unauthorized production or misuse of the certificates or
certificate numbers.
(e) The agency may charge a fee of not more than $4 for each
certificate or course completion certificate number. A course
provider that supplies a certificate to an operator shall charge
the [an] operator a fee equal to the amount of the fee paid to the
agency for the [a] certificate or certificate number.
(f) A course provider license entitles a course provider to
purchase certificates or certificate numbers for only one approved
driving safety course.
(g) The agency shall issue a duplicate certificate, except
that if the original certificate was issued by a licensed course
provider, the provider shall issue the duplicate certificate
[certificates]. The commissioner by rule shall determine the
amount of the fee for issuance of a duplicate certificate under this
subsection.
SECTION 2. Sections 1001.151(e) and (k), Education Code,
are amended to read as follows:
(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
$400 [$200], except that the agency may waive the fee if revenue
generated by the issuance of uniform certificates of course
completion, 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.
(k) An application for an original driver education or
driving safety instructor license must be accompanied by a
processing fee of $50 and a [an annual] license fee not to exceed
$50 [of $25], except that the 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.
SECTION 3. Section 1001.209(b), Education Code, 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 agency; or
(C) to recover any [the] cost associated with
printing and supplying [of] uniform certificates of course
completion or providing course completion certificate numbers,
including the return of certificates or the cancellation of
certificate numbers [the agency demands be returned or any cost
associated with the certificates];
(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 4. Sections 1001.301 and 1001.302, Education Code,
are amended to read as follows:
Sec. 1001.301. EXPIRATION OF SCHOOL OR COURSE PROVIDER
LICENSE. The term of a driver education school, driving safety
school, or course provider license may not exceed two years [one
year].
Sec. 1001.302. EXPIRATION OF INSTRUCTOR LICENSE. The term
of a driver education instructor or driving safety instructor
license may not exceed two years [one year].
SECTION 5. Section 1001.303(b), Education Code, is amended
to read as follows:
(b) A school or course provider that does not comply with
Subsection (a) must, as a condition of renewal of the person's
license, pay a late renewal fee. The late renewal fee is in
addition to the regular [annual] renewal fee. The late renewal fee
must be in the amount established by board rule of at least $100,
subject to Subchapter D.
SECTION 6. Sections 1001.351(a) and (b), Education Code,
are amended to read as follows:
(a) Not later than the 15th working day after the course
completion date, a course provider or a person at the course
provider's facilities shall mail a uniform certificate of course
completion or a certificate of completion having a course
completion certificate number provided by the agency to a person
who successfully completes an approved driving safety course.
(b) A course provider shall electronically submit to the
agency in the manner established by the agency data identified by
the agency relating to uniform certificates of course completion
and all assigned course completion certificate numbers used by the
course provider.
SECTION 7. Section 1001.456(b), Education Code, is amended
to read as follows:
(b) If the agency believes that a course provider, driving
safety school, or driving safety instructor has violated this
chapter or a rule adopted under this chapter, the 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 uniform certificates
of course completion or course completion certificate numbers.
SECTION 8. Sections 1001.555(a) and (c), Education Code,
are amended to read as follows:
(a) A person commits an offense if the person knowingly
sells, trades, issues, or otherwise transfers, or possesses with
intent to sell, trade, issue, or otherwise transfer, a uniform
certificate of course completion or certificate of course
completion issued by a course provider, course completion
certificate number, or a driver education certificate to an
individual, firm, or corporation not authorized to possess the
certificate or number.
(c) A person commits an offense if the person knowingly
possesses a [uniform] certificate of course completion or a driver
education certificate and is not authorized to possess the
certificate.
SECTION 9. This Act takes effect September 1, 2005.