79R8843 SLO-D
By: Jackson, Mike S.B. No. 422
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Education
Agency and regional education service centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TEXAS EDUCATION AGENCY AND REGIONAL
EDUCATION SERVICE CENTERS
SECTION 1.01. Section 5.001, Education Code, is amended by
adding Subdivision (1-a) to read as follows:
(1-a) "Charter school" means any school or program
that is operating under a charter authorized by Chapter 12 or other
law, including:
(A) a school in a home-rule school district;
(B) a campus or campus program;
(C) an open-enrollment charter school; and
(D) a college or university charter school.
SECTION 1.02. Section 7.004, Education Code, is amended to
read as follows:
Sec. 7.004. SUNSET PROVISION. The Texas Education Agency
is subject to Chapter 325, Government Code (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the
agency is abolished September 1, 2017 [2005].
SECTION 1.03. Subchapter A, Chapter 7, Education Code, is
amended by adding Section 7.010 to read as follows:
Sec. 7.010. BEST PRACTICES. (a) The agency and the
regional education service centers shall collect and disseminate
best practices information. The agency and the regional education
service centers shall enter into a memorandum of understanding that
establishes the respective duties of the agency and the regional
education service centers in collecting and disseminating the best
practices information.
(b) The agency and the regional education service centers
shall solicit from school district trustees, educators, including
school and district administrators, and other education experts
information concerning the best practices of school districts. The
information may include:
(1) information concerning available programs,
products, and policies that have been successfully adopted or
developed and used by school districts;
(2) specific examples of successful best practices;
and
(3) resources available to assist school districts in
complying with state or federal education laws.
(c) The best practices information must include information
investigated by the agency or a regional education service center
concerning the effective use of online courses, including:
(1) methods for using online courses to provide
curriculum solutions;
(2) information to assist school districts in
investigating the quality of online courses; and
(3) a list of funding sources available for various
types of online courses.
(d) The agency and the regional education service centers
are not required to evaluate and may not endorse the best practices
information collected under this section.
(e) The agency and the regional education service centers
shall develop incentives for school districts to implement best
practices.
SECTION 1.04. Subchapter B, Chapter 7, Education Code, is
amended by adding Sections 7.032 and 7.033 to read as follows:
Sec. 7.032. RECORDS OF COMPLAINTS. (a) The agency shall
maintain a system to promptly and efficiently act on complaints
filed with the agency. The agency shall maintain:
(1) information about the parties to the complaint and
the subject matter of the complaint;
(2) a summary of the results of the review or
investigation of the complaint; and
(3) information about the disposition of the
complaint.
(b) The agency shall make information available describing
its procedures for complaint investigation and resolution.
(c) The agency shall periodically notify the parties of the
status of the complaint until final disposition of the complaint.
Sec. 7.033. COMPREHENSIVE MONITORING SYSTEM. (a) In
compliance with other provisions of Title 1 and this title, the
agency shall develop and implement a comprehensive, integrated
monitoring system for monitoring school district and charter school
overall performance under and compliance with federal and state
education laws. The system must incorporate performance and
compliance information collected by various agency divisions for
each school district and charter school, including information
relating to:
(1) data integrity;
(2) the effectiveness of district or school programs;
(3) financial accountability;
(4) academic accountability;
(5) previous history of compliance;
(6) complaints issues; and
(7) governance issues.
(b) As part of the monitoring system, the commissioner by
rule shall develop clear minimum performance standards that relate
agency interventions and sanctions to performance-based
indicators. The performance standards must identify a range of
interventions and sanctions that the agency may use if a school
district or charter school fails to meet one or more of the minimum
performance standards. If a district or school fails to meet a
minimum performance standard, the agency shall determine the
appropriate intervention or sanction authorized under the
performance standards for the particular area of unsatisfactory
performance based on all relevant circumstances, including the
number of areas involved and the extent and duration of the
unsatisfactory performance.
SECTION 1.05. Sections 7.057(a) and (d), Education Code,
are amended to read as follows:
(a) Except as provided by Subsection (e) and except to the
extent of a conflict with a rule adopted under Section 39.005, a
person may appeal in writing to the commissioner if the person is
aggrieved by:
(1) the school laws of this state; or
(2) actions or decisions of any school district board
of trustees that violate:
(A) the school laws of this state; or
(B) a provision of a written employment contract
between the school district and a school district employee, if a
violation causes or would cause monetary harm to the employee.
(d) Except to the extent of a conflict with a rule adopted
under Section 39.005, a [A] person aggrieved by an action of the
agency or decision of the commissioner may appeal to a district
court in Travis County. An appeal must be made by serving the
commissioner with citation issued and served in the manner provided
by law for civil suits. The petition must state the action or
decision from which the appeal is taken. At trial, the court shall
determine all issues of law and fact, except as provided by Section
33.081(g).
SECTION 1.06. Subchapter C, Chapter 7, Education Code, is
amended by adding Sections 7.061, 7.062, and 7.063 to read as
follows:
Sec. 7.061. TECHNOLOGY POLICY. The commissioner shall
implement a policy requiring the agency to use appropriate
technological solutions to improve the agency's ability to perform
its functions. The policy must ensure that the public is able to
interact with the agency on the Internet.
Sec. 7.062. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE
RESOLUTION. (a) The commissioner shall develop and implement a
policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of agency rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the agency's
jurisdiction.
(b) The agency's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The commissioner shall designate a trained person to:
(1) coordinate the implementation of the policy
developed under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the agency.
Sec. 7.063. ASSESSMENT OF EDUCATOR WORKLOAD IN ADOPTION OF
RULES. Before adopting a new rule, the commissioner shall assess
whether the proposed rule will impose additional paperwork
requirements on educators. If the commissioner determines that the
proposed rule will impose additional paperwork requirements on
educators, the commissioner shall structure the rule in a manner
that minimizes the paperwork requirements.
SECTION 1.07. Chapter 7, Education Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. PERFORMANCE-BASED GRANT SYSTEM
Sec. 7.151. PERFORMANCE-BASED GRANT SYSTEM. (a) The
agency shall implement a comprehensive performance-based grant
system to collect and report grant performance and spending
information and to use that information in making future grants.
(b) The grant system must:
(1) connect grant activities and funding to student
academic performance; and
(2) provide for efficient grant application and
reporting procedures for grant programs administered by the agency.
Sec. 7.152. GRANT PROGRAM PROCEDURES. The agency shall
ensure that:
(1) the mission, purpose, and objectives of each
agency grant program supports student academic performance or
another public education mission, objective, or goal specified
under Sections 4.001 and 4.002;
(2) each agency grant program coordinates with other
grant programs administered by the agency;
(3) grant programs with similar objectives have common
performance measures; and
(4) the most efficient methods for coordinating grant
objectives, grant activities, academic performance measures, and
funding are used in the agency's grant application and reporting
systems.
Sec. 7.153. GRANT ELIGIBILITY NOTIFICATION. The agency may
use existing data to identify and notify an eligible school
district or charter school of the opportunity to apply for a
state-funded discretionary grant.
Sec. 7.154. APPLICATION FOR STATE-FUNDED FORMULA GRANTS.
The agency shall develop a consolidated application to be used by
school districts and charter schools in applying for any
state-funded formula grant administered by the agency.
Sec. 7.155. AVAILABILITY OF GRANT INFORMATION. The agency
shall ensure that information relating to the grant system is
available to the legislature and the public.
Sec. 7.156. BEST PRACTICES GRANT INFORMATION. (a) The
agency shall provide data relating to the grant system, including
grant spending and performance information, to each regional
education service center. Based on the information provided by the
agency, a regional education service center shall identify
successful grant programs and provide information concerning
successful grant programs to the school districts in the service
center's region.
(b) This section applies beginning with the 2009-2010
school year. This subsection expires June 1, 2010.
Sec. 7.157. DEVELOPMENT OF GRANT SYSTEM. (a) In developing
the performance-based grant system, the agency shall:
(1) identify each area of data collected for grant
programs and the method in which the agency collects the data;
(2) determine whether grant data that a school
district or charter school is required to collect is useful and
supports:
(A) a grant program's objectives; and
(B) the goals for academic performance and
accountability or another public education mission, objective, or
goal;
(3) determine whether grant data is analyzed and
disseminated efficiently; and
(4) review the agency's policies, procedures, and
reporting requirements relating to grant programs administered by
the agency to simplify and make more efficient the grant
application, award, and reporting processes for school districts
and charter schools.
(b) This section expires June 1, 2010.
Sec. 7.158. GRANT ADMINISTRATION DURING CERTAIN SCHOOL
YEARS; STATUS REPORT. (a) Not later than January 1, 2007, the
agency shall provide the legislature with a status report
concerning the agency's development of the grant system. The
report may suggest any statutory changes needed to facilitate a
full transition to a performance-based grant system.
(b) Beginning with the 2009-2010 school year, the agency
shall make the performance-based grant system fully available to
school districts and charter schools.
(c) This section expires June 1, 2010.
SECTION 1.08. Subchapter A, Chapter 8, Education Code, is
amended by adding Section 8.0031 to read as follows:
Sec. 8.0031. TRAINING FOR MEMBERS OF BOARD OF DIRECTORS.
(a) The commissioner shall adopt rules prescribing training for
members of regional education service center boards of directors.
The training curriculum may include:
(1) an overview of this code and any rules adopted
under this code;
(2) a review of recent state and federal education
legislation, rules, and regulations;
(3) a review of the powers and duties of a regional
education service center board of directors; and
(4) a review of any statewide or regional strategic
planning applicable to regional education service centers.
(b) A member of a regional education service center board of
directors must complete any training required by commissioner rule.
SECTION 1.09. Section 8.051(c), Education Code, is amended
to read as follows:
(c) Each regional education service center shall provide
services that enable school districts to operate more efficiently
and economically, including:
(1) collecting and disseminating best practices
information as provided by Section 7.010; and
(2) identifying and providing information concerning
successful grant programs to school districts as provided by
Section 7.156.
SECTION 1.10. Subchapter A, Chapter 12, Education Code, is
amended by adding Sections 12.004, 12.005, and 12.006 to read as
follows:
Sec. 12.004. CLOSURE AND REVOCATION OR DENIAL OF RENEWAL
BECAUSE OF UNSATISFACTORY PERFORMANCE. If for three consecutive
school years a charter school receives a rating indicating
unacceptable performance as determined by commissioner rule under
Subchapter D, Chapter 39, or under an alternative education
accountability system for alternative education campuses, the
commissioner shall close the charter school and:
(1) revoke the school's charter; or
(2) deny renewal of the school's charter if the
school's charter is due for renewal.
Sec. 12.005. MONITORING OF CERTAIN CHARTER SCHOOLS. (a)
This section applies only to a charter school that does not receive
an accountability rating under Subchapter D, Chapter 39, or under
an alternative education accountability system for alternative
education campuses for at least two consecutive school years.
(b) The agency shall monitor a charter school to which this
section applies to assess:
(1) the achievement of students enrolled in the school
on assessment instruments administered under Section 39.023;
(2) the school's dropout rates; and
(3) the school's high school graduation rates, if
applicable.
(c) This section expires September 1, 2007.
Sec. 12.006. FINANCIAL ACCOUNTABILITY. (a) In this
section:
(1) "Parent" includes a guardian or other person
having lawful control of a student.
(2) "System" means the financial accountability
rating system.
(b) The commissioner shall develop and implement a
financial accountability rating system for charter schools. The
system must include uniform indicators adopted by the commissioner
by which to measure a charter school's financial management
performance.
(c) The commissioner shall develop, as part of the system, a
reporting procedure under which:
(1) each charter school is required to prepare and
distribute an annual financial management report; and
(2) the public is provided an opportunity to comment
on the report at a hearing.
(d) The annual financial management report must include:
(1) a description of the charter school's financial
management performance based on a comparison, provided by the
agency, of the school's performance on the indicators adopted under
Subsection (b) to:
(A) state-established standards; and
(B) the school's previous performance on the
indicators; and
(2) any descriptive information required by the
commissioner.
(e) The report may include:
(1) information concerning the charter school's:
(A) financial allocations;
(B) financial strengths;
(C) operating cost management;
(D) personnel management;
(E) debt management;
(F) cash management;
(G) budgetary planning;
(I) overall business management;
(J) compliance with rules; and
(K) data quality; and
(2) any other information the school's governing body
determines to be necessary and useful.
(f) The governing body of each charter school shall hold a
public hearing on the report. The governing body shall provide
notice of the hearing to the parents of students enrolled in the
school. In addition to other notice required by law, notice of the
hearing must be provided:
(1) to a newspaper of general circulation in the
school district in which the charter school is located; and
(2) through electronic mail to media serving the
school district in which the charter school is located.
(g) After the hearing, the governing body of the charter
school shall provide the report to the parents of students enrolled
in the school.
(h) The commissioner shall adopt rules as necessary for the
administration of this section.
SECTION 1.11. Section 29.0161, Education Code, is amended
to read as follows:
Sec. 29.0161. CONTRACT WITH STATE OFFICE OF ADMINISTRATIVE
HEARINGS FOR SPECIAL EDUCATION DUE PROCESS HEARINGS. The [Not
later than December 1, 2003, the] agency and the State Office of
Administrative Hearings shall [jointly determine whether it would
be cost-effective for the agency to] enter into an interagency
contract [with the office] under which the office conducts [would
conduct all or part of] the agency's special education due process
hearings under 20 U.S.C. Section 1415 [and its subsequent
amendments]. The contract must specify the manner in which the
agency will transfer federal funds to the office to pay the costs of
conducting the hearings.
SECTION 1.12. Section 29.252(a-1), Education Code, is
amended to read as follows:
(a-1) The agency shall use existing funds to contract with
the Texas Workforce Commission for the development of a
demand-driven workplace literacy and basic skills curriculum that
complies with the requirements adopted under Section 301.172
[301.152], Labor Code. This subsection expires September 1, 2007
[2005].
SECTION 1.13. Section 31.025, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) The agency shall recommend to the State Board of
Education a limit on the cost that may be paid from the state
textbook fund for a textbook placed on the nonconforming list that
is prorated in relation to the percentage of elements of the
essential knowledge and skills of the subject and grade level that
are missing from the textbook.
SECTION 1.14. Sections 31.1011(a)-(c), Education Code, are
amended to read as follows:
(a) The commissioner shall implement a program that allows
[to study the use of credits for textbooks. The program shall be
designed to allow] a [participating] school district or
open-enrollment charter school to receive credit for textbooks
purchased at a cost below the cost limit established under Section
31.025(a).
(b) The credit is an amount equal to the difference between
the price paid for a textbook and the cost limit established under
Section 31.025(a) for that textbook multiplied by the number of
copies of that textbook the [participating] school district or
open-enrollment charter school purchases.
(c) Fifty percent of the total textbook credit of a
[participating] school district or open-enrollment charter school
shall be credited to the state textbook fund, and 50 percent of the
credit shall be credited to the [participating] district or school
to apply toward the requisition of additional textbooks or
electronic textbooks on the conforming or nonconforming list.
SECTION 1.15. Chapter 39, Education Code, is amended by
adding Subchapter A to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
[Sections 39.001-39.004 reserved for expansion]
Sec. 39.005. APPEALS RELATING TO ACCREDITATION STANDARDS
AND SANCTIONS. The commissioner by rule shall establish a
procedure under which a school district or charter school may
appeal a decision of the agency or commissioner under Subchapter D
or G.
SECTION 1.16. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.0232 to read as follows:
Sec. 39.0232. SECURITY IN ADMINISTRATION OF ASSESSMENT
INSTRUMENTS. The agency shall make every effort to decrease the
incorrect and unfair administration of assessment instruments
under Section 39.023.
SECTION 1.17. Section 39.182, Education Code, is amended by
adding Subsections (b-1), (b-2), and (b-3) to read as follows:
(b-1) The report must include an assessment of:
(1) the status of the incorrect and unfair
administration of assessment instruments under Section 39.023; and
(2) any progress the agency has made under Section
39.0232 in reducing the prevalence of the incorrect and unfair
administration of assessment instruments.
(b-2) The report must include an assessment of the impact of
the performance-based grant system developed under Subchapter E,
Chapter 7, on student academic performance, including:
(1) an analysis of performance and spending
information relating to grants administered by the agency; and
(2) recommendations on any statutory changes needed
for the agency to more effectively administer grant programs,
including recommendations on whether to eliminate or modify
inefficient grant programs, expand effective grant programs, or
consolidate similar grant programs to maximize the effectiveness
and efficiencies of those programs.
(b-3) Subsection (b-2) applies beginning January 1, 2009.
This subsection expires February 1, 2009.
SECTION 1.18. Subchapter I, Chapter 301, Labor Code, as
amended by Chapter 817, Acts of the 78th Legislature, Regular
Session, 2003, is redesignated as Subchapter J, Chapter 301, Labor
Code, and amended to read as follows:
SUBCHAPTER J [I]. ADULT EDUCATION AND LITERACY
Sec. 301.171 [301.151]. COOPERATION WITH TEXAS EDUCATION
AGENCY TO IMPROVE ADULT EDUCATION AND LITERACY SERVICES. The
commission shall collaborate with the Texas Education Agency to
improve the coordination and implementation of adult education and
literacy services in this state.
Sec. 301.172 [301.152]. DEVELOPMENT OF WORKPLACE LITERACY
AND BASIC SKILLS CURRICULUM. (a) Under contract with the Texas
Education Agency, the commission shall develop a demand-driven
workplace literacy and basic skills curriculum aimed at assisting
local workforce development boards to equip workers and job seekers
with the skills necessary to compete for current and emerging jobs
in this state.
(b) In developing the general curriculum required by
Subsection (a), the commission shall:
(1) evaluate existing efforts and potential cost
savings resulting from designing specific curricula that address
the needs of various industry sectors in the business community;
(2) contract for field work to solicit the assistance
of workers, employers, providers, and local workforce development
boards in developing industry sector curricula;
(3) target up to five industry sectors in the business
community that are likely to benefit from the development of
specific curricula; and
(4) pilot test the curricula within the targeted
industry sectors and adjust the curricula based on feedback
received from workers and employers in those sectors.
(c) Based on the curriculum developed under this section,
the commission shall develop workforce basic skills credentials to
be used to define, measure, and certify the mastery of the basic
skills required by the curricula developed under this section.
(c-1) In addition to the curriculum developed under this
section, the commission shall develop and implement a plan to
encourage participants who successfully complete the curriculum to
pursue postsecondary education opportunities leading to
certificates and degrees.
(d) This section expires September 1, 2007 [2005].
SECTION 1.19. Sections 8.010 and 31.1011(d) and (e),
Education Code, are repealed.
SECTION 1.20. (a) Not later than October 1, 2005, the Texas
Education Agency and the Texas Workforce Commission shall enter
into a contract for developing a workplace literacy and basic
skills curriculum as required by Section 29.252(a-1), Education
Code, as amended by this Act, and Section 301.172, Labor Code, as
redesignated and amended by this Act.
(b) As soon as practicable after entering into the contract,
the Texas Workforce Commission shall implement the requirements
under Section 301.172, Labor Code, as redesignated and amended by
this Act.
(c) Not later than September 1, 2007, the Texas Workforce
Commission shall complete the requirements under Section 301.172,
Labor Code, as redesignated and amended by this Act.
SECTION 1.21. The commissioner of education may not take
action under Section 12.004, Education Code, as added by this Act,
based on the performance of a charter school for the 2004-2005
school year or an earlier school year.
SECTION 1.22. This article takes effect immediately if this
Act 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 article takes effect September 1, 2005.
ARTICLE 2. DRIVER AND TRAFFIC SAFETY EDUCATION
SECTION 2.01. 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 2.02. 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 2.03. 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 2.04. 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 2.05. The heading to Section 1001.053, Education
Code, is amended to read as follows:
Sec. 1001.053. POWERS AND DUTIES OF DEPARTMENT
[COMMISSIONER].
SECTION 2.06. 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 2.07. The heading to Section 1001.054, Education
Code, is amended to read as follows:
Sec. 1001.054. RULES RESTRICTING ADVERTISING [OR
COMPETITIVE BIDDING].
SECTION 2.08. 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 2.09. 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 2.10. Sections 1001.056(b), (c), (d), (e), and (g),
Education Code, are amended to read as follows:
(b) The department [agency] shall print and supply to each
licensed course provider uniform certificates of course
completion. The certificates must be numbered serially.
(c) 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 production or
misuse of the certificates.
(d) A certificate under this section must:
(1) be in a form required by the department [agency];
and
(2) include an identifying number by which the
department [agency], a court, or the Department of Public Safety
[department] may verify its authenticity with the course provider.
(e) The department [agency] may charge a fee [of not more
than $4] for each certificate. A course provider shall charge an
operator a fee equal to the amount of the fee paid to the department
[agency] for a certificate.
(g) The department [agency] shall issue duplicate
certificates. The commission [commissioner] by rule shall
determine the amount of the fee for issuance of a duplicate
certificate.
SECTION 2.11. 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 2.12. 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 2.13. 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 2.14. 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 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 2.15. 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 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 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 2.16. 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 2.17. 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 2.18. 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 2.19. Section 1001.151, Education Code, 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 uniform
certificates of course completion 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].
(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 2.20. 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 2.21. 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 2.22. 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 a uniform certificate of course completion 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 2.23. 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 2.24. 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 department [agency]; or
(C) to recover the cost of uniform certificates
of course completion the department [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 2.25. 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 2.26. 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 2.27. 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 2.28. 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 2.29. 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 2.30. 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 in the classroom phase of driver education
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.
(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 2.31. 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 2.32. 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 2.33. 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 2.34. The heading to Subchapter G, Chapter 1001,
Education Code, is amended to read as follows:
SUBCHAPTER G. LICENSE EXPIRATION [AND RENEWAL]
SECTION 2.35. Section 1001.351(b), Education Code, 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.
SECTION 2.36. 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 2.37. 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 2.38. 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 training
school may not 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 training
school license from the department [commissioner].
SECTION 2.39. 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 2.40. Section 1001.456, Education Code, 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 uniform certificates
of course completion.
(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 2.41. The heading to Subchapter L, Chapter 1001,
Education Code, is amended to read as follows:
SUBCHAPTER L. PENALTIES [AND ENFORCEMENT PROVISIONS]
SECTION 2.42. 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 2.43. 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 2.44. 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 2.45. 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 2.46. 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 2.47. 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 2.48. 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 2.49. (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 November 1,
2005:
(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) any employee of the Texas Education Agency who is
primarily involved in administering Chapter 1001, Education Code,
becomes an employee of the Texas Department of Licensing and
Regulation;
(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 November 1, 2005, 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 September 1, 2005, and ending on
November 1, 2005, 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 2.50. The changes in law made by this article apply
only to a fee charged on or after September 1, 2005. A fee charged
before September 1, 2005, is governed by the law in effect
immediately before that date, and the former law is continued in
effect for that purpose.
SECTION 2.51. The changes in law made by this article apply
only to a license issued or renewed on or after September 1, 2005.
An issuance or renewal that occurs before September 1, 2005, is
governed by the law in effect immediately before that date, and the
former law is continued in effect for that purpose.
SECTION 2.52. This article takes effect September 1, 2005.
ARTICLE 3. EFFECTIVE DATE
SECTION 3.01. This Act takes effect according to its terms.