79R8137 JRJ-D
By: Uresti H.B. No. 2852
A BILL TO BE ENTITLED
AN ACT
relating to the creation and use of certain certificates issued for
completion of approved driver safety courses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1001.002(b), Education Code, is amended
to read as follows:
(b) A driving safety course is exempt from this chapter if
the course is taught without providing a [uniform] certificate of
course completion to a person who successfully completes the
course.
SECTION 2. Section 1001.056, Education Code, is amended by
amending Subsections (b), (c), (e), and (f) 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
supply or provide for the ability to print 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 the 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 shall charge an operator a fee equal to the amount of the
fee paid to the agency for 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.
SECTION 3. Section 1001.151(e), Education Code, is 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
$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.
SECTION 4. Section 1001.206, Education Code, is amended to
read as follows:
Sec. 1001.206. REQUIREMENTS FOR COURSE PROVIDER LICENSE.
The commissioner shall approve an application for a course provider
license if on investigation the 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
name, mailing address, and telephone number of the agency for the
purpose of directing complaints to the 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 provide to the student in a manner described by Section
1001.351 [mail] a [uniform] certificate of course completion [to
the person] indicating the course name and successful completion of
the course;
(6) the course provider maintains adequate records as
prescribed by the 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 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 commissioner;
(13) the course provider does not owe an
administrative penalty under this chapter; and
(14) the course provider meets additional criteria
required by the commissioner.
SECTION 5. 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 6. Section 1001.251(b), Education Code, is amended
to read as follows:
(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 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.
SECTION 7. Section 1001.351, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsection (a-1) to
read as follows:
(a) Except as provided by Subsection (a-1), not [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 another certificate
of completion having a course completion certificate number
provided by the agency to a person who successfully completes an
approved driving safety course.
(a-1) A course provider shall provide a procedure for a
person who successfully completes an approved driving safety course
at a location other than the principal location of the course,
including completion of the course through the Internet, to
immediately print an agency-approved certificate of course
completion that includes a course completion certificate number.
(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 or
forwarded to a student by the course provider.
SECTION 8. Section 1001.451, Education Code, is 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 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, course completion certificate number, or driver
education certificate to a person or driver training school not
authorized to possess the certificate or number;
(B) a [uniform] certificate of course completion
or course completion certificate number 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 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.
SECTION 9. 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 10. 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, 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 11. Articles 45.0511(c) and (k), Code of Criminal
Procedure, are amended to read as follows:
(c) The court shall enter judgment on the defendant's plea
of no contest or guilty at the time the plea is made, defer
imposition of the judgment, and allow the defendant 90 days to
successfully complete the approved driving safety course or
motorcycle operator training course and present to the court:
(1) a [uniform] certificate of course completion
approved by the Texas Education Agency for [of] the driving safety
course or a verification of completion of the motorcycle operator
training course;
(2) the defendant's driving record as maintained by
the Department of Public Safety showing that the defendant had not
completed an approved driving safety course or motorcycle operator
training course, as applicable, within the 12 months preceding the
date of the offense; and
(3) an affidavit stating that the defendant was not
taking a driving safety course or motorcycle operator training
course, as applicable, under this article on the date the request to
take the course was made and had not completed such a course that is
not shown on the defendant's driving record within the 12 months
preceding the date of the offense.
(k) On a defendant's showing of good cause for failure to
furnish evidence to the court, the court may allow an extension of
time during which the defendant may present:
(1) a [uniform] certificate of course completion
approved by the Texas Education Agency as evidence that the
defendant successfully completed the driving safety course; or
(2) a verification of course completion as evidence
that the defendant successfully completed the motorcycle operator
training course.
SECTION 12. Section 543.112, Transportation Code, is
amended to read as follows:
Sec. 543.112. STANDARDS FOR [UNIFORM] CERTIFICATE OF COURSE
COMPLETION. (a) The Texas Education Agency by rule shall provide
for the design and distribution of [uniform] certificates of course
completion so as to prevent to the greatest extent possible the
unauthorized production or the misuse of the certificates.
(b) The [uniform] certificate of course completion must
include an identifying number by which the Texas Education Agency,
the court, or the department may verify its authenticity with the
course provider and must be in a form adopted by the Texas Education
Agency.
(c) The Texas Education Agency shall issue duplicate
uniform certificates of course completion or course completion
numbers. The State Board of Education by rule shall determine the
amount of the fee to be charged for issuance of a duplicate
certificate or number.
(d) A driving safety course provider shall electronically
submit data identified by the Texas Education Agency pertaining to
issued uniform certificates of course completion or course
completion numbers to the agency as directed by the agency.
SECTION 13. Section 543.116(a), Transportation Code, is
amended to read as follows:
(a) A driving safety course provider shall mail an issued
[uniform] certificate of course completion to a person who
successfully completes the course.
SECTION 14. 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, 2005.