| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the regulation of driver training schools and |
|
|
instructors. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 1001.001, Education Code, is amended by |
|
|
adding Subdivision (14-a) to read as follows: |
|
|
(14-a) "National criminal history record information" |
|
|
has the meaning assigned by Section 22.081. |
|
|
SECTION 2. Subchapter A, Chapter 1001, Education Code, is |
|
|
amended by adding Section 1001.006 to read as follows: |
|
|
Sec. 1001.006. REVIEW OF AGENCY JURISDICTION AND CONTROL |
|
|
OVER DRIVER EDUCATION AND DRIVING SAFETY SCHOOLS. During the |
|
|
Sunset Advisory Commission's review of the agency under Section |
|
|
7.004 concerning abolition of the agency on September 1, 2013, the |
|
|
commission shall review the agency's jurisdiction and control over |
|
|
driver education and driving safety schools and include in its |
|
|
report to the legislature and governor under Section 325.010, |
|
|
Government Code, a recommendation as to whether another state |
|
|
agency should have jurisdiction and control over those schools. |
|
|
This section expires January 1, 2014. |
|
|
SECTION 3. Section 1001.055, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 1001.055. DRIVER EDUCATION CERTIFICATES AND |
|
|
CERTIFICATE NUMBERS. (a) The agency shall provide [print and
|
|
|
supply] to each licensed or exempt driver education school driver |
|
|
education certificates or certificate numbers to enable the school |
|
|
to print and issue agency-approved driver education certificates |
|
|
with the certificate numbers to be used for certifying completion |
|
|
of an approved driver education course to satisfy the requirements |
|
|
of Sections 521.204(a)(2) and 521.1601, Transportation Code. [The
|
|
|
certificates must be numbered serially.] |
|
|
(a-1) A certificate printed and issued by a driver education |
|
|
school must: |
|
|
(1) be in a form required by the agency; and |
|
|
(2) include an identifying certificate number |
|
|
provided by the agency that may be used to verify the authenticity |
|
|
of the certificate with the driver education school. |
|
|
(a-2) A driver education school that purchases driver |
|
|
education certificate numbers shall provide for the printing and |
|
|
issuance of original and duplicate certificates in a manner that, |
|
|
to the greatest extent possible, prevents the unauthorized |
|
|
production or the misuse of the certificates. The driver education |
|
|
school shall electronically submit to the agency in the manner |
|
|
established by the agency data identified by the agency relating to |
|
|
issuance of agency-approved driver education certificates with the |
|
|
certificate numbers. |
|
|
(a-3) Certificate numbers must be in serial order so that |
|
|
the number on each issued certificate is unique. |
|
|
(b) The agency by rule shall provide for the design and |
|
|
distribution of the certificates and certificate numbers in a |
|
|
manner that, to the greatest extent possible, prevents the |
|
|
unauthorized reproduction or misuse of the certificates or |
|
|
certificate numbers. |
|
|
(c) The agency may charge a fee of not more than $4 for each |
|
|
certificate or certificate number. |
|
|
SECTION 4. Subchapter F, Chapter 1001, Education Code, is |
|
|
amended by adding Sections 1001.2511, 1001.2512, 1001.2513, and |
|
|
1001.2514 to read as follows: |
|
|
Sec. 1001.2511. NATIONAL CRIMINAL HISTORY RECORD |
|
|
INFORMATION REVIEW FOR DRIVER EDUCATION INSTRUCTORS. (a) This |
|
|
section applies to a person who is an applicant for or holder of: |
|
|
(1) a driver education instructor license; or |
|
|
(2) a license issued under Section 1001.255. |
|
|
(b) The agency shall review the national criminal history |
|
|
record information of a person who holds a license described by |
|
|
Subsection (a) and who has not previously submitted fingerprints to |
|
|
the Department of Public Safety or been subject to a national |
|
|
criminal history record information review. |
|
|
(c) The agency shall place a license described by Subsection |
|
|
(a) on inactive status for the license holder's failure to comply |
|
|
with a deadline for submitting information required under this |
|
|
section. |
|
|
(d) The agency may allow a person who is applying for a |
|
|
license described by Subsection (a) and who currently resides in |
|
|
another state to submit the person's fingerprints and other |
|
|
required information in a manner that does not impose an undue |
|
|
hardship on the person. |
|
|
(e) The commissioner may adopt rules to administer this |
|
|
section, including rules establishing: |
|
|
(1) deadlines for a person to submit fingerprints and |
|
|
photographs in compliance with this section; |
|
|
(2) sanctions for a person's failure to comply with the |
|
|
requirements of this section, including suspension or revocation of |
|
|
or refusal to issue a license described by Subsection (a); and |
|
|
(3) notification to a driver education school of |
|
|
relevant information obtained by the agency under this section. |
|
|
(f) The agency is not civilly or criminally liable for an |
|
|
action taken in compliance with this section. |
|
|
(g) The commissioner by rule shall establish a schedule for |
|
|
obtaining and reviewing the information a person must provide the |
|
|
agency under this section. Not later than September 1, 2013, the |
|
|
agency must obtain all national criminal history record information |
|
|
on all holders of licenses described by Subsection (a). This |
|
|
subsection expires October 1, 2013. |
|
|
Sec. 1001.2512. FEES FOR CRIMINAL HISTORY RECORD |
|
|
INFORMATION REVIEW. The commissioner by rule shall require a |
|
|
person submitting to a national criminal history record information |
|
|
review under Section 1001.2511 or the driver education school |
|
|
employing the person, as determined by the agency, to pay a fee for |
|
|
the review in an amount not to exceed the amount of any fee imposed |
|
|
on an application for certification under Subchapter B, Chapter 21, |
|
|
for a national criminal history record information review under |
|
|
Section 22.0837. |
|
|
Sec. 1001.2513. CONFIDENTIALITY OF INFORMATION. |
|
|
Information collected about a person to comply with Section |
|
|
1001.2511, including the person's name, address, phone number, |
|
|
social security number, driver's license number, other |
|
|
identification number, and fingerprint records: |
|
|
(1) may not be released except: |
|
|
(A) to provide relevant information to driver |
|
|
education schools or otherwise to comply with Section 1001.2511; |
|
|
(B) by court order; or |
|
|
(C) with the consent of the person who is the |
|
|
subject of the information; |
|
|
(2) is not subject to disclosure as provided by |
|
|
Chapter 552, Government Code; and |
|
|
(3) shall be destroyed by the requestor or any |
|
|
subsequent holder of the information not later than the first |
|
|
anniversary of the date the information is received. |
|
|
Sec. 1001.2514. LICENSE HOLDERS AND APPLICANTS CONVICTED OF |
|
|
CERTAIN OFFENSES. (a) A driver education school shall discharge or |
|
|
refuse to hire as an instructor an employee or applicant for |
|
|
employment if the agency obtains information through a criminal |
|
|
history record information review that: |
|
|
(1) the employee or applicant has been convicted of: |
|
|
(A) a felony offense under Title 5, Penal Code; |
|
|
(B) an offense on conviction of which a defendant |
|
|
is required to register as a sex offender under Chapter 62, Code of |
|
|
Criminal Procedure; or |
|
|
(C) an offense under the laws of another state or |
|
|
federal law that is equivalent to an offense under Paragraph (A) or |
|
|
(B); and |
|
|
(2) at the time the offense occurred, the victim of the |
|
|
offense described by Subdivision (1) was under 18 years of age or |
|
|
was enrolled in a public school. |
|
|
(b) The agency shall suspend or revoke a license described |
|
|
by Section 1001.2511(a) held by a person under this subchapter and |
|
|
shall refuse to issue or renew a license described by Section |
|
|
1001.2511(a) to a person under this subchapter if the person has |
|
|
been convicted of an offense described by Subsection (a) of this |
|
|
section. |
|
|
(c) Subsections (a) and (b) do not apply to an offense under |
|
|
Title 5, Penal Code, if: |
|
|
(1) more than 30 years have elapsed since the offense |
|
|
was committed; and |
|
|
(2) the person convicted has satisfied all terms of |
|
|
the court order entered on conviction. |
|
|
(d) A driver education school may discharge an employee who |
|
|
serves as an instructor if the school obtains information of the |
|
|
employee's conviction of a felony or of a misdemeanor involving |
|
|
moral turpitude that the employee did not disclose to the school or |
|
|
the agency. An employee discharged under this subsection is |
|
|
considered to have been discharged for misconduct for purposes of |
|
|
Section 207.044, Labor Code. |
|
|
SECTION 5. As soon as practicable after the effective date |
|
|
of this Act, the Texas Education Agency shall begin obtaining |
|
|
national criminal history record information for persons subject to |
|
|
a national criminal history record review under Section 1001.2511, |
|
|
Education Code, as added by this Act. |
|
|
SECTION 6. This Act takes effect September 1, 2011. |