83R1799 JRJ-D
 
  By: Flynn H.B. No. 1190
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to statutory minimum fees for driving safety courses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1001.205, Education Code, is amended to
  read as follows:
         Sec. 1001.205.  REQUIREMENTS FOR DRIVING SAFETY SCHOOL
  LICENSE. The commissioner shall approve an application for a
  driving safety school license if on investigation the agency
  determines that the school:
               (1)  has driving safety courses, curricula, and
  instruction of a quality, content, and length that reasonably and
  adequately achieve the stated objective for which the course,
  curricula, and instruction are developed by the course provider;
               (2)  has adequate space, equipment, instructional
  material, and instructors to provide training of good quality;
               (3)  has instructors and administrators who have
  adequate educational qualifications and experience;
               (4)  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;
               (5)  complies with all county, municipal, state, and
  federal laws, including fire, building, and sanitation codes and
  assumed name registration;
               (6)  has administrators, owners, and instructors who
  are of good reputation and character;
               (7)  does not use erroneous or misleading advertising,
  either by actual statement, omission, or intimation, as determined
  by the commissioner;
               (8)  does not use a name similar to the name of another
  existing school or tax-supported educational establishment in this
  state, unless specifically approved in writing by the commissioner;
               (9)  maintains and uses the approved contract and
  policies developed by the course provider;
               (10)  does not owe an administrative penalty under this
  chapter;
               [(11)   will not provide a driving safety course to a
  person for less than $25;] and
               (11) [(12)]  meets additional criteria required by the
  commissioner.
         SECTION 2.  Section 1001.352, Education Code, is amended to
  read as follows:
         Sec. 1001.352.  FEES FOR DRIVING SAFETY COURSE. A course
  provider shall charge each student[:
               [(1) at least $25 for a driving safety course; and
               [(2)] a fee of at least $3 for driving safety course
  materials and for supervising and administering the course.
         SECTION 3.  The change in law made by this Act to Section
  1001.205, Education Code, applies only to an application for a
  driving safety school license submitted on or after the effective
  date of this Act. An application for a driving safety school
  license submitted before the effective date of this Act is governed
  by the law in effect immediately before the effective date of this
  Act, and that law is continued in effect for that purpose.
         SECTION 4.  The change in law made by this Act to Section
  1001.352, Education Code, applies only to a driving safety course
  provided on or after the effective date of this Act. A course
  provided 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 5.  This Act takes effect September 1, 2013.