82R7848 JRJ-D

By: Smithee H.B. No. 3769

A BILL TO BE ENTITLED

AN ACT

relating to allowing driver education courses to be delivered by course providers.

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

SECTION 1. Section 1001.001(4), Education Code, is amended to read as follows:

(4) "Course provider" means an enterprise that:

(A) maintains a place of business or solicits business in this state;

(B) is operated by an individual, association, partnership, or corporation; and

(C) has received an approval for a driving safety course or a driver education course from the commissioner or has been designated by a person who has received that approval to conduct business and represent the person in this state.

SECTION 2. Section 1001.206, Education Code, is amended to read as follows:

Sec. 1001.206. REQUIREMENTS FOR COURSE PROVIDER LICENSE. The commissioner shall approve an application for a course provider license if on investigation the agency determines that:

(1) the course provider has an approved course that at least one licensed driver training [driving safety] school is willing to offer;

(2) the course provider has adequate educational qualifications and experience;

(3) the course provider will:

(A) develop and provide to each driver training [driving safety] school that offers the approved course a copy of:

(i) the refund policy; and

(ii) the regulations relating to absence, grading policy, and rules of operation and conduct; and

(B) provide to the driver training [driving safety] school the name, mailing address, and telephone number of the agency for the purpose of directing complaints to the agency;

(4) a copy of the information provided to each driver training [driving safety] school under Subdivision (3) will be provided to each student by the school before enrollment;

(5) not later than the 15th working day after the date the person successfully completes a driving safety [the] course, the course provider will mail a uniform certificate of course completion to the person indicating the course name and successful completion;

(6) the course provider maintains adequate records as prescribed by the commissioner to show attendance and progress or grades and enforces satisfactory standards relating to attendance, progress, and conduct;

(7) the course provider complies with all county, municipal, state, and federal laws, including assumed name registration and other applicable requirements;

(8) the course provider is financially sound and capable of fulfilling its commitments for training;

(9) the course provider is of good reputation and character;

(10) the course provider maintains and publishes as a part of its student enrollment contract the proper policy for the refund of the unused portion of tuition, fees, and other charges if a student fails to take the course or withdraws or is discontinued from the school at any time before completion;

(11) the course provider does not use erroneous or misleading advertising, either by actual statement, omission, or intimation, as determined by the commissioner;

(12) the course provider does not use a name similar to the name of another existing school or tax-supported educational institution in this state, unless specifically approved in writing by the commissioner;

(13) the course provider does not owe an administrative penalty under this chapter; and

(14) the course provider meets additional criteria required by the commissioner.

SECTION 3. Section 1001.351, Education Code, is amended by adding Subsection (d) to read as follows:

(d) A course provider shall meet all requirements of this chapter in providing a driver education course.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the 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, 2011.