80R5863 JRJ-D
 
  By: Kolkhorst H.B. No. 3729
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the requirements for home-taught driver education
courses.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 521.205, Transportation Code, is amended
by amending Subsection (a) and adding Subsections (e), (f), and (g)
to read as follows:
       (a)  The department by rule shall provide for approval of a
driver education course conducted by the parent, stepparent, legal
guardian, step-grandparent, or grandparent of a person who is
required to complete a driver education course to obtain a Class C
license. The rules must provide that:
             (1)  the person conducting the course possess a valid
license for the preceding three years that [and the license] has not
been suspended, revoked, or forfeited in the past three years for an
offense that involves the operation of a motor vehicle [traffic
related violations];
             (2)  the student driver spend a specified minimum
number of hours in:
                   (A)  classroom instruction; and
                   (B)  behind-the-wheel instruction;
             (3)  the person conducting the course not have been
[be] convicted of:
                   (A)  criminally negligent homicide; or
                   (B)  driving while intoxicated; [and]
             (4)  the person conducting the course not be disabled
because of mental illness;
             (5)  the course curriculum include a comprehensive
examination of the course curriculum that must be successfully
completed by the student driver in accordance with department
rules; and
             (6)  during the 24 months preceding the date the course
begins, the person conducting the course complete and submit a
department-approved certificate of completion for not less than six
hours of instruction that:
                   (A)  is designed and approved by the department to
prepare the person to conduct the course effectively; and
                   (B)  includes instruction in the knowledge,
skills, techniques, and methodology to be applied to the classroom
instruction and behind-the-wheel phases of the course.
       (e)  A student driver who takes a driver education course
approved under this section may not be exempted from the driving
test required by Section 521.161(b)(2).
       (f)  The department may impose a fee for the approval of a
driver education course offered under this section or for the
approval of the instruction required under Subsection (a)(6).
       (g)  The department may not approve a driving safety course
approved under Chapter 1001, Education Code, to meet the
requirements of Subsection (a)(6).
       SECTION 2.  Section 1001.251(a), Education Code, is amended
to read as follows:
       (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 agency. This subsection
does not apply to a person conducting a course under Section
521.205, Transportation Code.
       SECTION 3.  The changes in law made by this Act apply only to
a driver education course approved by the Department of Public
Safety of the State of Texas on or after the effective date of this
Act. A driver education course approved by the department before
the effective date of this Act is governed by the law in effect
immediately before the effective date of this Act, and the former
law is continued in effect for that purpose.
       SECTION 4.  This Act takes effect September 1, 2007.