BILL ANALYSIS
Senate Research Center S.B. 1040
80R8502 JRJ-F By: Lucio
Transportation & Homeland Security
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Currently, the Education Code authorizes a licensed driver education school to train and test a student on the highway sign and traffic law parts of the examination that is required before receiving a learners' permit or license in Texas, and to administer the vision examination. Under the provisions of the federal Real ID Act, the Department of Public Safety (DPS) will exclusively issue permits and licenses. Even though licensed schools will no longer be able to issue permits, it may best serve the needs of all involved parties to continue to allow the school to train and test individuals on the highway sign and traffic laws of the examination as they have in the past.
As proposed, S.B. 1040 authorizes driver education schools licensed under the Education Code to train and test individuals on the highway sign and traffic law parts of the examinations, but removes the authorization to administer the vision test. This bill requires DPS to waive the highway sign and traffic law part of the examination upon submission of a certificate that states that the applicant has completed and passed said parts. Additionally, this bill sets forth certain topics required to be covered in a highway sign and traffic law course.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 521.161, Transportation Code, by adding Subsection (f) to require the director of the Texas Department of Public Safety (DPS) to waive the highway sign and traffic law parts of the examination required by Subsection (b) of Section 521.161 (Examination of License Applicants), Transportation Code, for an applicant who submits to DPS a driver education certificate issued under Chapter 1001 (Driver and Traffic Safety Education), Education Code, that states that the applicant has completed those parts of the examination under Section 521.1655 (Testing by Driver Education School), Transportation Code.
SECTION 2. Amends Section 521.1655(a), Transportation Code, as follows:
(a) Authorizes a driver education school licensed under Chapter 1001, Education Code, rather than the Texas Driver and Traffic Safety Education Act (Article 4413(29c), V.T.C.S.), to administer to a student of that school the highway sign and traffic law parts of the examination required by Section 521.161, Transportation Code, if the student is of a certain age and has completed and passed a certain driver education course approved under Chapter 1001, Education Code, appropriate to that age. Deletes existing text authorizing the driver education school to administer the vision part of the examination.
SECTION 3. Amends Section 1001.101, Education Code, as follows:
Sec. 1001.101. DRIVER EDUCATION COURSE CURRICULUM AND TEXTBOOKS. (a) Creates this subsection from existing text. Requires the commissioner of education, by rule, to establish curriculum and designate textbooks to be used in a comprehensive driver education course for minors and adults, and in a traffic law classroom driver education course for adults (adult driver education course).
(b) Sets forth required duration and content of an adult driver education course.
(c) Provides that an approved driving safety course does not qualify as an adult driver education course.
SECTION 4. Makes application of this Act prospective.
SECTION 5. Effective date: September 1, 2007.