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.