By: Hamilton H.B. No. 4499

A BILL TO BE ENTITLED

AN ACT

relating to school bus safety.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sec. 34.012, Education Code, is amended to read as follows:

Sec. 34.012. THREE-POINT SEAT BELT GUIDELINES AND INSTRUCTION; INFORMATION CLEARINGHOUSE. [(a)] The Texas Education Agency [State Board of Education] shall:

(1) with input from school districts and parent representatives, develop, adopt and make available to each school district best practice guidelines and procedures concerning three-point seat belts in school buses, including:

(A) a program and schedule of bus replacement and upgrade;

(B) a program of instruction in the proper use of a three-point seat belt;

(C) a program of mandatory use of three-point seat belts in compliance with Section 34.013 of this Code;

(D) a program of accident reporting in compliance with Section 34.015 of this Code; and

(E) compliance, if applicable, with Section 547.701, Transportation Code, if school buses originally purchased without seat belts are used; and

(2) [.]

[(b) The State Board of Education shall] serve as a clearinghouse of best practices for school districts seeking the most efficient and sensible information regarding school bus safety[, including possible compliance with Section 547.701, Transportation Code, using school buses originally purchased without seat belts].

SECTION 2. Chapter 34, Education Code, is amended by adding Section 34.0121 to read as follows:

Sec. 34.0121. DISTRIBUTION AND ELIGIBILITY OF STATE FUNDS; IMPLEMENTATION OF SEAT BELT POLICIES.

(a) Distribution of State Funds. The Texas Education Agency shall:

(1) distribute state funds, in an efficient and equitable manner, to reimburse eligible school districts for the purchase of three-point seat belts to meet the requirements of Sec. 547.701, Transportation Code; and

(2) establish limits to the amount of reimbursement based on the type of bus being equipped, the amount of state funding available and competitive bid pricing.

(b) Eligibility to Receive State Funds. Before a school district may become eligible to receive state funds under this section, the school district must:

(1) implement a school district bus replacement plan and schedule consistent with Texas Education Agency policy guidelines;

(2) implement a policy of mandatory instruction in the proper use of a three-point seat belts in school district buses consistent with Texas Education Agency policy guidelines;

(3) implement a policy for mandatory use of three-point seat belts in school district buses in compliance with Sec. 34.013 of this Code;

(4) provide evidence that the three-point seat belts purchased conform to federal motor vehicle safety and performance standards; and

(5) if purchasing buses independently of the cooperative purchasing program, provide to Texas Education Agency, documentation of the price paid to purchase school buses.

SECTION 3. The heading to Section 34.014, Education Code, is amended to read as follows:

Sec. 34.014. CHARITABLE FUNDING FOR THREE-POINT SEAT BELTS.

SECTION 4. Section 547.701, Transportation Code is amended to read as follows:

Sec. 547.701. ADDITIONAL EQUIPMENT REQUIREMENTS FOR SCHOOL BUSES AND OTHER BUSES USED TO TRANSPORT SCHOOLCHILDREN. (a) A school bus shall be equipped with:

(1) a convex mirror or other device that reflects to the school bus operator a clear view of the area immediately in front of the vehicle that would otherwise be hidden from view; and

(2) signal lamps that:

(A) are mounted as high and as widely spaced laterally as practicable;

(B) display four alternately flashing red lights, two located on the front at the same level and two located on the rear at the same level; and

(C) emit a light visible at a distance of 500 feet in normal sunlight.

(b) A school bus may be equipped with:

(1) rooftop warning lamps:

(A) that conform to and are placed on the bus in accordance with specifications adopted under Section 34.002, Education Code; and

(B) that are operated under rules adopted by the school district; and

(2) movable stop arms:

(A) that conform to regulations adopted under Section 34.002, Education Code; and

(B) that may be operated only when the bus is stopped to load or unload students.

(c) When a school bus is being stopped or is stopped on a highway to permit students to board or exit the bus, the operator of the bus shall activate all flashing warning signal lights and other equipment on the bus designed to warn other drivers that the bus is stopping to load or unload children. A person may not operate such a light or other equipment except when the bus is being stopped or is stopped on a highway to permit students to board or exit the bus.

(d) The exterior of a school bus may not bear advertising or another paid announcement directed at the public if the advertising or announcement distracts from the effectiveness of required safety warning equipment. The department shall adopt rules to implement this subsection. A school bus that violates this section or rules adopted under this section shall be placed out of service until it complies.

(e) In this subsection, "bus" includes a school bus and a school activity bus. A bus operated by or contracted for use by a school district for the transportation of schoolchildren shall be equipped with a three-point seat belt for each passenger, including the operator, conforming to federal motor vehicle safety and performance standards. This subsection applies to:

(1) each bus purchased by a school district on or after September 1, 2010, for the transportation of schoolchildren; and

(2) each school-chartered bus contracted for use by a school district on or after September 1, 2011, for the transportation of schoolchildren.

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all 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, 2009.