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A BILL TO BE ENTITLED
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AN ACT
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relating to school bus safety. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sec. 34.012, Education Code, is amended to read |
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as follows: |
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Sec. 34.012. THREE-POINT SEAT BELT GUIDELINES AND |
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INSTRUCTION; INFORMATION CLEARINGHOUSE. [(a)] The Texas Education |
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Agency [State Board of Education] shall: |
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(1) with input from school districts and parent |
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representatives, develop, adopt and make available to each school |
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district best practice guidelines and procedures concerning |
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three-point seat belts in school buses, including: |
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(A) a program and schedule of bus replacement and |
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upgrade; |
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(B) a program of instruction in the proper use of |
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a three-point seat belt; |
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(C) a program of mandatory use of three-point |
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seat belts in compliance with Section 34.013 of this Code; |
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(D) a program of accident reporting in compliance |
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with Section 34.015 of this Code; and |
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(E) compliance, if applicable, with Section |
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547.701, Transportation Code, if school buses originally purchased |
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without seat belts are used; and |
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(2) [.] |
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[(b) The State Board of Education shall] serve as a |
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clearinghouse of best practices for school districts seeking the |
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most efficient and sensible information regarding school bus |
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safety[, including possible compliance with Section 547.701,
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Transportation Code, using school buses originally purchased
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without seat belts]. |
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SECTION 2. Chapter 34, Education Code, is amended by adding |
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Section 34.0121 to read as follows: |
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Sec. 34.0121. DISTRIBUTION AND ELIGIBILITY OF STATE FUNDS; |
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IMPLEMENTATION OF SEAT BELT POLICIES. |
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(a) Distribution of State Funds. The Texas Education Agency |
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shall: |
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(1) distribute state funds, in an efficient and |
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equitable manner, to reimburse eligible school districts for the |
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purchase of three-point seat belts to meet the requirements of Sec. |
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547.701, Transportation Code; and |
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(2) establish limits to the amount of reimbursement |
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based on the type of bus being equipped, the amount of state funding |
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available and competitive bid pricing. |
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(b) Eligibility to Receive State Funds. Before a school |
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district may become eligible to receive state funds under this |
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section, the school district must: |
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(1) implement a school district bus replacement plan |
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and schedule consistent with Texas Education Agency policy |
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guidelines; |
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(2) implement a policy of mandatory instruction in the |
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proper use of a three-point seat belts in school district buses |
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consistent with Texas Education Agency policy guidelines; |
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(3) implement a policy for mandatory use of |
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three-point seat belts in school district buses in compliance with |
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Sec. 34.013 of this Code; |
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(4) provide evidence that the three-point seat belts |
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purchased conform to federal motor vehicle safety and performance |
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standards; and |
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(5) if purchasing buses independently of the |
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cooperative purchasing program, provide to Texas Education Agency, |
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documentation of the price paid to purchase school buses. |
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SECTION 3. The heading to Section 34.014, Education Code, |
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is amended to read as follows: |
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Sec. 34.014. CHARITABLE FUNDING FOR THREE-POINT SEAT BELTS. |
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SECTION 4. Section 547.701, Transportation Code is amended |
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to read as follows: |
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Sec. 547.701. ADDITIONAL EQUIPMENT REQUIREMENTS FOR SCHOOL |
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BUSES AND OTHER BUSES USED TO TRANSPORT SCHOOLCHILDREN. (a) A |
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school bus shall be equipped with: |
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(1) a convex mirror or other device that reflects to |
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the school bus operator a clear view of the area immediately in |
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front of the vehicle that would otherwise be hidden from view; and |
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(2) signal lamps that: |
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(A) are mounted as high and as widely spaced |
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laterally as practicable; |
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(B) display four alternately flashing red |
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lights, two located on the front at the same level and two located |
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on the rear at the same level; and |
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(C) emit a light visible at a distance of 500 feet |
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in normal sunlight. |
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(b) A school bus may be equipped with: |
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(1) rooftop warning lamps: |
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(A) that conform to and are placed on the bus in |
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accordance with specifications adopted under Section 34.002, |
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Education Code; and |
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(B) that are operated under rules adopted by the |
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school district; and |
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(2) movable stop arms: |
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(A) that conform to regulations adopted under |
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Section 34.002, Education Code; and |
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(B) that may be operated only when the bus is |
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stopped to load or unload students. |
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(c) When a school bus is being stopped or is stopped on a |
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highway to permit students to board or exit the bus, the operator of |
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the bus shall activate all flashing warning signal lights and other |
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equipment on the bus designed to warn other drivers that the bus is |
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stopping to load or unload children. A person may not operate such |
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a light or other equipment except when the bus is being stopped or |
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is stopped on a highway to permit students to board or exit the bus. |
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(d) The exterior of a school bus may not bear advertising or |
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another paid announcement directed at the public if the advertising |
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or announcement distracts from the effectiveness of required safety |
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warning equipment. The department shall adopt rules to implement |
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this subsection. A school bus that violates this section or rules |
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adopted under this section shall be placed out of service until it |
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complies. |
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(e) In this subsection, "bus" includes a school bus and a |
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school activity bus. A bus operated by or contracted for use by a |
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school district for the transportation of schoolchildren shall be |
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equipped with a three-point seat belt for each passenger, including |
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the operator, conforming to federal motor vehicle safety and |
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performance standards. This subsection applies to: |
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(1) each bus purchased by a school district on or after |
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September 1, 2010, for the transportation of schoolchildren; and |
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(2) each school-chartered bus contracted for use by a |
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school district on or after September 1, 2011, for the |
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transportation of schoolchildren. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |