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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section 29.902(a),
Education Code, is amended.
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SECTION 1. Same as introduced
version.
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SECTION 2. Section 51.308,
Education Code, is amended.
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SECTION 2. Same as introduced
version.
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SECTION 3. Section 1001.001,
Education Code, is amended.
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SECTION 3. Same as introduced
version.
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SECTION 4. Section
1001.002(c), Education Code, is amended.
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SECTION 4. Same as introduced
version.
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SECTION 5. Section 1001.003,
Education Code, is amended.
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SECTION 5. Same as introduced
version.
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SECTION 6. Section 1001.004,
Education Code, as amended by Chapters 1253 (H.B. 339) and 1413 (S.B.
1317), Acts of the 81st Legislature, Regular Session, 2009, is reenacted
and amended.
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SECTION 6. Same as introduced
version.
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SECTION 7. Sections
1001.051, 1001.052, 1001.053, and 1001.054, Education Code, are amended to
read as follows:
Sec. 1001.051. JURISDICTION
OVER SCHOOLS. The department [agency] has jurisdiction over
and control of driver training schools regulated under this chapter.
Sec. 1001.052. RULES. The commission
[agency] shall adopt [and administer] comprehensive rules
governing driving safety courses.
Sec. 1001.053. POWERS AND
DUTIES OF DEPARTMENT, COMMISSION, AND EXECUTIVE DIRECTOR [COMMISSIONER].
(a) The department and executive director, as appropriate, [commissioner]
shall:
(1) administer [the
policies of] this chapter;
(2) enforce minimum
standards for driver training schools under this chapter;
(3) [adopt and]
enforce rules adopted by the commission that are necessary to
administer this chapter; and
(4) visit a driver training school or course provider and reexamine the school or course provider
for compliance with this chapter.
(b) The executive
director [commissioner] may designate a person knowledgeable in
the administration of regulating driver training schools to administer this
chapter.
(c) The commission shall
adopt rules necessary to administer this chapter. The commission
[commissioner] may adopt rules to ensure the integrity of approved
driving safety courses and to enhance program quality.
Sec. 1001.054. RULES
RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a) The commission
[commissioner] may not adopt a rule restricting advertising or
competitive bidding by a driver training school except to prohibit a false,
misleading, or deceptive practice.
(b) The commission [commissioner]
may not include in rules to prohibit false, misleading, or deceptive
practices by a driver training school a rule that restricts:
(1) the use of an
advertising medium;
(2) the outside dimensions
of a printed advertisement or outdoor display;
(3) the duration of an
advertisement; or
(4) advertisement under a
trade name.
(c) The commission [commissioner]
by rule may restrict advertising by a branch location of a driver training
school so that the location adequately identifies the primary location of
the school in a solicitation.
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SECTION 7. Sections
1001.051, 1001.052, and 1001.053, Education Code, are amended to read as
follows:
Sec. 1001.051. JURISDICTION
OVER SCHOOLS. The department [agency] has jurisdiction over
and control of driver training schools regulated under this chapter.
Sec. 1001.052. RULES. The commission
[agency] shall adopt [and administer] comprehensive rules
governing driving safety courses.
Sec. 1001.053. POWERS AND
DUTIES OF DEPARTMENT, COMMISSION, AND EXECUTIVE DIRECTOR [COMMISSIONER].
(a) The department and executive director, as appropriate, [commissioner]
shall:
(1) administer [the
policies of] this chapter;
(2) enforce minimum
standards for driver training schools under this chapter;
(3) [adopt and]
enforce rules adopted by the commission that are necessary to
administer this chapter; and
(4) inspect
[visit] a driver training school or course provider and reinspect
[reexamine] the school or course provider for compliance with
this chapter.
(b) The executive director
[commissioner] may designate a person knowledgeable in the
administration of regulating driver training schools to administer this
chapter.
(c) The commission shall
adopt rules necessary to administer this chapter. The commission
[commissioner] may adopt rules to ensure the integrity of approved
driving safety courses and to enhance program quality.
No
equivalent provision.
(But see SECTIONS 8 and 9
below)
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No
equivalent provision.
(But see SECTION 7 above)
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SECTION 8. The heading to
Section 1001.054, Education Code, is amended to read as follows:
Sec. 1001.054. RULES
RESTRICTING ADVERTISING [OR COMPETITIVE BIDDING].
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No
equivalent provision.
(But see SECTION 7 above)
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SECTION 9. Section
1001.054(c), Education Code, is amended to read as follows:
(c) The commission [commissioner]
by rule may restrict advertising by a branch location of a driver training
school so that the location adequately identifies the primary location of
the school in a solicitation.
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SECTION 8. Sections
1001.055(a), (a-1), (a-2), (b), and (c), Education Code, are amended to
read as follows:
(a) The department [agency]
shall provide to each licensed or exempt driver education school and to
each parent-taught course provider approved by
the Department of Public Safety under Section 521.205, Transportation Code,
driver education certificates or certificate numbers to enable the school or
[and each approved parent-taught] course provider [(approved by the
Texas Department of Public Safety under Section 521.205 of the
Transportation Code)] to print and issue department-approved [agency-approved]
driver education certificates [with the certificate numbers] to certify
[be used for certifying] completion of an approved driver education
course and [to] satisfy the requirements of Sections
521.204(a)(2) and 521.1601, Transportation Code.
(a-1) A certificate printed
and issued by a driver education school or Department
of Public Safety approved course provider must:
(1) be in a form required by
the department [agency]; and
(2) include an identifying
certificate number provided by the department [agency] that
may be used to verify the authenticity of the certificate with the driver
education school or Department of Public
Safety approved course provider.
(a-2) A driver education school
or Department of Public Safety
approved course provider 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 or Department of
Public Safety approved course provider shall electronically submit
to the department [agency] in the manner established by the department
[agency] data identified by the department [agency]
relating to issuance of department-approved [agency-approved]
driver education certificates with the certificate numbers.
(b) The commission [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 commission by
rule shall establish [agency may charge] a fee [of not more
than $4] for each certificate or certificate number.
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SECTION 10. Sections
1001.055(a), (a-1), (a-2), (b), and (c), Education Code, are amended to
read as follows:
(a) The department [agency]
shall provide to each licensed or exempt driver education school and to
each parent-taught course provider approved under
this chapter driver education certificates or certificate
numbers to enable the school or [and each] approved parent-taught course provider [(approved
by the Texas Department of Public Safety under Section 521.205 of the
Transportation Code)] to print and issue department-approved [agency-approved]
driver education certificates [with the certificate numbers] to certify
[be used for certifying] completion of an approved driver education
course and [to] satisfy the requirements of Sections
521.204(a)(2), Transportation Code, [and] 521.1601,
Transportation Code, as added by Chapter
1253 (H.B. 339), Acts of the 81st Legislature, Regular Session, 2009, and
521.1601, Transportation Code, as added by Chapter 1413 (S.B. 1317), Acts
of the 81st Legislature, Regular Session, 2009.
(a-1) A certificate printed
and issued by a driver education school or parent-taught [Department of Public Safety approved]
course provider approved under this
chapter must:
(1) be in a form required by
the department [agency]; and
(2) include an identifying
certificate number provided by the department [agency] that
may be used to verify the authenticity of the certificate with the driver
education school or approved parent-taught [Department of Public Safety approved]
course provider.
(a-2) A driver education
school or parent-taught [Department of Public Safety approved]
course provider approved under this
chapter 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 or approved
parent-taught [Department of
Public Safety approved] course provider shall electronically
submit to the department [agency] in the manner established
by the department [agency] data identified by the department
[agency] relating to issuance of department-approved [agency-approved]
driver education certificates with the certificate numbers.
(b) The commission [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 commission by
rule shall establish [agency may charge] a fee [of not more
than $4] for each certificate or certificate number.
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SECTION 9. Sections
1001.056(b), (c), (d), (e), and (g), Education Code, are amended.
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SECTION 11. Same as
introduced version.
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SECTION 10. Section
1001.057, Education Code, is amended.
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SECTION 12. Same as
introduced version.
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SECTION 11. Subchapter B,
Chapter 1001, Education Code, is amended by adding Sections 1001.058 and
1001.059 to read as follows:
Sec. 1001.058. ADVISORY
COMMITTEE. (a) The commission shall establish an advisory committee to
advise the commission and department on driver
training rules and standards and driver education curriculum.
(b) The advisory
committee consists of seven members
appointed for staggered six-year terms by the presiding officer of the
commission, with the approval of the commission, as follows:
(1) one member
representing a driver education school;
(2) one member
representing a driving safety school;
(3) one member
representing a course provider;
(4) one instructor;
(5) one employee of the Department of Public
Safety; and
(6) two members representing the public.
(c) The presiding officer
of the commission shall appoint the presiding officer of the advisory
committee.
Sec. 1001.059.
COMPLAINTS. (a) The department shall maintain a system to promptly and
efficiently act on complaints filed with the department regarding driver
training. The department shall maintain information about parties to the
complaint, the subject matter of the complaint, a summary of the results of
the review or investigation of the complaint, and its disposition.
(b) The department shall
make information available describing its procedures for complaint
investigation and resolution.
(c) The department shall
periodically notify the complaint parties of the status of the complaint
until final disposition.
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SECTION 13. Subchapter B,
Chapter 1001, Education Code, is amended by adding Section 1001.058 to read
as follows:
Sec. 1001.058. ADVISORY
COMMITTEE. (a) The commission shall establish an advisory committee to
advise the commission and department on rules
and educational and technical matters relevant to the administration of
this chapter.
(b) The advisory
committee consists of nine members
appointed for staggered six-year terms by the presiding officer of the
commission, with the approval of the commission, as follows:
(1) one member
representing a driver education school that
offers a traditional classroom course, alternative methods of instruction,
and in-car training;
(2) one member representing a driver education school that offers
a traditional classroom course, alternative methods of instruction, or
in-car training;
(3) one member
representing a driving safety school offering
a traditional classroom course or providing an alternative method of
instruction;
(4) one member
representing a driving safety course
provider approved for a traditional
classroom course and for an alternative method of instruction;
(5) one member representing a driving safety course provider
approved for a traditional classroom course or for an alternative method of
instruction;
(6) one licensed instructor;
(7) one representative of the Department of Public
Safety;
(8) one member representing a drug and alcohol driving awareness
program course provider; and
(9) one member representing the public.
(c) The presiding officer
of the commission shall appoint the presiding officer of the advisory
committee. The presiding officer of the
advisory committee may vote on any matter before the advisory committee.
(d) A member may not serve two consecutive full terms.
(e) If a vacancy occurs during a term, the presiding officer of
the commission, with the approval of the commission, shall appoint a
replacement who meets the qualifications of the vacated position to serve
for the remainder of the term.
(f) A member of the advisory committee may be removed from the
advisory committee as provided by Section 51.209, Occupations Code.
(g) Members of the advisory committee may not receive compensation
but are entitled to reimbursement for actual and necessary expenses
incurred in performing the functions of the advisory committee, subject to
the General Appropriations Act.
(h) The committee shall meet at the call of the presiding officer
of the commission.
(i) Chapter 2110, Government Code, does not apply to the advisory committee.
No
equivalent provision.
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No
equivalent provision.
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SECTION 14. The heading to
Subchapter C, Chapter 1001, Education Code, is amended to read as follows:
SUBCHAPTER C. OPERATION OF
DRIVER EDUCATION SCHOOL [CURRICULUM]
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SECTION 12. Section
1001.101(a), Education Code, is amended to read as follows:
(a) The commission [commissioner]
by rule shall establish or approve the curriculum and designate the textbooks to be used in a driver education
course for minors and adults, including a driver education course conducted
by a school district, driver education school, or parent or other
individual under Section 521.205,
Transportation Code.
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SECTION 15. Sections
1001.101(a) and (b), Education Code, are amended to read as follows:
(a) The commission [commissioner]
by rule shall establish or approve the curriculum and designate the educational materials [textbooks] to be used in a driver
education course for minors and adults, including a driver education course
conducted by a school district, driver education school, or parent or other
individual under this chapter [Section 521.205, Transportation Code].
(b)
A driver education course must require the student to complete:
(1)
7 hours of behind-the-wheel instruction in the presence of a person who
holds a driver education instructor license or who meets the requirements for
a parent-taught course provider imposed under this chapter [Section
521.205, Transportation Code];
(2)
7 hours of observation instruction in the presence of a person who holds a
driver education instructor license or who meets the requirements for a
parent-taught course provider imposed under this chapter [Section
521.205, Transportation Code]; and
(3)
30 hours of behind-the-wheel instruction, including at least 10 hours of
instruction that takes place at night, in the presence of an adult who
meets the requirements of Section 521.222(d)(2), Transportation Code.
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SECTION 13. Section
1001.1015(a), Education Code, is amended.
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SECTION 16. Same as
introduced version.
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SECTION 14. Section
1001.102, Education Code, is amended.
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SECTION 17. Same as
introduced version.
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SECTION 15. Section
1001.1025, Education Code, is amended.
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SECTION 18. Same as
introduced version.
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SECTION 16. Sections
1001.103(b), (d), and (e), Education Code, are amended to read as follows:
(b) The department [agency]
shall develop standards for a separate school certification and approve
curricula for drug and alcohol driving awareness programs that include one
or more courses. Except as provided by commission [agency]
rule, a program must be offered in the same manner as a driving safety
course.
(d) In accordance with Section 461.013(b), Health and Safety Code,
the department [agency] and the Department of State Health
Services [Texas Commission on Alcohol and Drug Abuse] shall
enter into a memorandum of understanding for the interagency approval of
the required curricula.
(e) The commission [Notwithstanding
Section 1001.056, Subchapter D, and Sections 1001.213 and 1001.303, the
commissioner] may establish fees in connection with the programs under
this section. The fees must be in amounts reasonable and necessary to
administer the department's [agency's] duties under this
section.
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SECTION 19. Sections
1001.103(b), (d), and (e), Education Code, are amended to conform to S.B.
219, Acts of the 84th Legislature, Regular Session, 2015, and further
amended to read as follows:
(b) The department [agency]
shall develop standards for a separate school certification and approve
curricula for drug and alcohol driving awareness programs that include one
or more courses. Except as provided by commission [agency]
rule, a program must be offered in the same manner as a driving safety
course.
(d) The department [In accordance with Section 461.013(b), Health
and Safety Code, the agency] and the Department of
State Health Services [Texas Commission on Alcohol and Drug Abuse]
shall enter into a memorandum of understanding for the interagency approval
of the required curricula.
(e) The commission [Notwithstanding
Section 1001.056, Subchapter D, and Sections 1001.213 and 1001.303, the
commissioner] may establish fees in connection with the programs under
this section. The fees must be in amounts reasonable and necessary to
administer the department's [agency's] duties under this
section.
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SECTION 17. Sections
1001.104 and 1001.105, Education Code, are amended to read as follows:
Sec. 1001.104. HOSPITAL AND
REHABILITATION FACILITIES. (a) The department [agency]
shall enter into a memorandum of understanding with the Department of Assistive and Rehabilitative
Services [Texas Rehabilitation Commission] and the Department
of Public Safety [department] for the interagency development of
curricula and licensing criteria for hospital and rehabilitation facilities
that teach driver education.
(b) The department [agency]
shall administer comprehensive rules governing driver education courses adopted by mutual agreement among the commission
[agency], the Department of
Assistive and Rehabilitative Services [Texas Rehabilitation Commission], and the Department
of Public Safety [department].
Sec. 1001.105. TEXAS
DEPARTMENT OF INSURANCE. The department [agency] shall enter
into a memorandum of understanding with the Texas Department of Insurance
for the interagency development of a
curriculum for driving safety courses.
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SECTION 20. Sections
1001.104 and 1001.105, Education Code, are amended to read as follows:
Sec. 1001.104. HOSPITAL AND
REHABILITATION FACILITIES. (a) The department [agency]
shall enter into a memorandum of understanding with the state agency responsible for administering the
vocational rehabilitation program [Texas Rehabilitation
Commission] and the Department of Public Safety [department]
for the interagency development of curricula and licensing criteria for
hospital and rehabilitation facilities that teach driver education.
(b) The department [agency]
shall administer comprehensive rules governing driver education courses developed through interagency cooperation between [adopted by mutual agreement among]
the commission [agency], the state
agency responsible for administering the vocational rehabilitation program
[Texas Rehabilitation Commission], and the Department of
Public Safety [department].
Sec. 1001.105. TEXAS
DEPARTMENT OF INSURANCE. The department [agency] shall enter
into a memorandum of understanding with the Texas Department of Insurance
for the [interagency]
development of a curriculum for driving safety courses.
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SECTION 18. Sections
1001.106(b), (c), and (d), Education Code, are amended to read as follows:
(b) The commission [commissioner]
by rule shall provide minimum standards of curriculum relating to operation
of vehicles at railroad and highway grade crossings.
(c) Subchapter F, Chapter
51, Occupations Code, Section 51.353, Occupations Code, and Sections [1001.454,] 1001.456 [,]
and 1001.553 of this code do not apply to a violation of this
section or a rule adopted under this section.
(d) Section 51.352,
Occupations Code, and Sections 1001.455(a)(6), 1001.501, [1001.551, 1001.552,] and 1001.554 of
this code do not apply to a violation of this section.
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SECTION 21. Sections
1001.106(b), (c), and (d), Education Code, are amended to read as follows:
(b) The commission [commissioner]
by rule shall provide minimum standards of curriculum relating to operation
of vehicles at railroad and highway grade crossings.
(c) Subchapter F, Chapter
51, Occupations Code, and Section 51.353, Occupations Code, [Sections 1001.454, 1001.456, and 1001.553]
do not apply to a violation of this section or a rule adopted under this
section.
(d) Section 51.352,
Occupations Code, and Sections 1001.455(a)(6)[, 1001.501, 1001.551, 1001.552,] and
1001.554 of this code do not apply to a violation of this section.
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SECTION 19. Section
1001.107, Education Code, is amended.
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SECTION 22. Same as introduced
version.
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SECTION 20. Sections
1001.108(a) and (c), Education Code, are amended to read as follows:
(a) The commission [commissioner]
by rule shall require that information relating to anatomical gifts be
included in the curriculum of each driver education course and driving
safety course.
(c) In developing rules
under this section, the commission [commissioner] shall
consult with the Department of Public
Safety [department]
and the [Texas] Department of State Health Services.
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SECTION 23. Sections 1001.108(a)
and (c), Education Code, are amended to read as follows:
(a) The commission [commissioner]
by rule shall require that information relating to anatomical gifts be
included in the curriculum of each driver education course and driving
safety course.
(c) In developing rules
under this section, the commission [commissioner] shall
consult with [the department
and] the [Texas] Department of State Health Services.
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SECTION 21. Section
1001.110, Education Code, is amended.
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SECTION 24. Same as introduced
version.
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SECTION 22. Section
1001.111(a), Education Code, is amended.
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SECTION 25. Same as
introduced version.
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No
equivalent provision.
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SECTION 26. Subchapter C,
Chapter 1001, Education Code, is amended by adding Section 1001.112 to read
as follows:
Sec. 1001.112.
PARENT-TAUGHT DRIVER EDUCATION. (a) The commission by rule shall provide
for approval of a driver education course conducted by the parent,
stepparent, foster parent, legal guardian, grandparent, or step-grandparent
of a person who is required to complete a driver education course to obtain
a Class C license. The rules must provide that the student driver spend a
minimum number of hours in classroom and behind-the-wheel instruction and
that the person conducting the course:
(1) possess a valid
license for the preceding three years that has not been suspended, revoked,
or forfeited in the past three years for an offense that involves the
operation of a motor vehicle;
(2) has not been
convicted of:
(A) criminally negligent
homicide; or
(B) driving while
intoxicated;
(3) is not disabled
because of mental illness; and
(4) does not have six or
more points assigned to the person's driver's license under Subchapter B,
Chapter 708, Transportation Code, at the time the person begins conducting
the course.
(b) The department may
approve a course described by Subsection (a) if the department determines
that the course materials are at least equal to those required in a course
approved by the department, and the department may not require that:
(1) the classroom
instruction be provided in a room with particular characteristics or
equipment; or
(2) the vehicle used for
the behind-the-wheel instruction have equipment other than the equipment
otherwise required by law for operation of the vehicle on a highway while
the vehicle is not being used for driver training.
(c) The rules must
provide a method by which:
(1) approval of a course
is obtained;
(2) an applicant submits
proof of completion of the course;
(3) approval for
delivering course materials by an alternative method, including electronic
means, is obtained;
(4) a provider of a
course approved under this section may administer to an applicant the
highway sign and traffic law parts of the examination as provided by
Section 521.1655(a-1), Transportation Code, through electronic means; and
(5) an applicant submits
proof of passage of an examination administered under Subdivision (4).
(d) Completion of a
driver education course approved under this section has the same effect
under this chapter as completion of a driver education course approved by
the department.
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SECTION 23. Sections
1001.151, 1001.152, and 1001.153, Education Code, are amended to read as
follows:
Sec. 1001.151. APPLICATION,
LICENSE, AND REGISTRATION FEES. (a) The commission by rule [commissioner]
shall establish [collect] application, license, and
registration fees. The fees must be in amounts sufficient to cover
administrative costs and are nonrefundable. The department shall
collect the application, license, and registration fees.
(b) The commission by
rule shall establish a fee for:
(1) an initial driver
education school license and [is $1,000 plus $850] for each
branch location; [.]
(2) [(c) The fee
for] an initial driving safety school license;
(3) [is an appropriate
amount established by the commissioner not to exceed $200.
[(d) The fee for] an
initial course provider license [is an appropriate amount established by
the commissioner not to exceed $2,000], except that the commission [agency] may waive
the fee if revenue received from the course
provider is sufficient to cover the cost of licensing the course provider;
[.]
(4) the [(e) The]
annual renewal [fee] for a course provider, driving safety school,
driver education school, or branch location [is an appropriate amount
established by the commissioner not to exceed $200], except that the commission [agency] may waive
the fee if revenue generated by the issuance of course completion
certificate numbers and driver education certificates is sufficient to cover
the cost of administering this chapter and Article 45.0511, Code of
Criminal Procedure; [.]
(5) [(f) The fee
for] a change of address of[:
[(1)] a driver
education school, [is $180; and
[(2) a] driving
safety school, or course provider; [is $50.]
(6) [(g) The fee
for] a change of name of:
(A) [(1)] a
driver education school or course provider or an owner of a driver
education school or course provider [is $100]; or [and]
(B) [(2)] a
driving safety school or owner of a driving safety school; [is $50.]
(7) [(h) The
application fee for] each additional driver education or driving safety
course at a driver training school; and [is $25.]
(8) an [(i) The
application fee for:
[(1) each director is
$30; and
[(2) each assistant
director or administrative staff member is $15.
[(j) Each]
application for approval of a driving safety course that has not been
evaluated by the department [commissioner must be accompanied by
a nonrefundable fee of $9,000].
(c) [(k)] An
application for an original driver
education or driving safety instructor license must be accompanied by a
processing fee [of $50] and an annual license fee [of $25],
except that the department [commissioner] may not collect the
processing fee from an applicant for a driver education instructor license
who is currently teaching a driver education course in a public school in
this state.
(d) [(l)] The commission
[commissioner] shall establish the amount of the fee for a duplicate
license.
(e) [(m)] The commission
[commissioner] may establish a fee for an application for approval
to offer a driver education course by an alternative method of instruction
under Section 1001.3541 in an amount the commission
[commissioner] considers appropriate, not to exceed the amount
sufficient to cover the costs of considering the application.
Sec. 1001.152. DUTY TO
REVIEW AND RECOMMEND ADJUSTMENTS IN FEE AMOUNTS. The commission [commissioner]
shall periodically review the amounts of fees and recommend to the
legislature adjustments to those amounts.
Sec. 1001.153. COMPLAINT
INVESTIGATION FEE. (a) The commission [commissioner] shall
establish the amount of the fee to investigate a driver training school or
course provider to resolve a complaint against the school or course
provider.
(b) The fee may be charged
only if:
(1) the complaint could not
have been resolved solely by telephone or in writing;
(2) a representative of the department
[agency] visited the school or course provider as a part of the
complaint resolution process; and
(3) the school or course
provider was found to be at fault.
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SECTION 27. Section
1001.151, Education Code, is amended to read as follows:
Sec. 1001.151. APPLICATION,
LICENSE, AND REGISTRATION FEES. (a) The commission by rule [commissioner]
shall establish [collect] application, license, and
registration fees. The fees must be in amounts sufficient to cover
administrative costs and are nonrefundable. The department shall
collect the application, license, and registration fees.
(b) The commission by
rule shall establish a fee for:
(1) an initial driver
education school license and [is $1,000 plus $850] for each
branch location; [.]
(2) [(c) The fee
for] an initial driving safety school license;
(3) [is an
appropriate amount established by the commissioner not to exceed $200.
[(d) The fee for] an
initial course provider license [is an appropriate amount established by
the commissioner not to exceed $2,000], except that the executive director [agency] may
waive the fee; [if revenue
received from the course provider is sufficient to cover the cost of
licensing the course provider.]
(4) the [(e) The]
annual renewal [fee] for a course provider, driving safety school,
driver education school, or branch location [is an appropriate amount
established by the commissioner not to exceed $200], except that the executive director [agency] may
waive the fee if revenue generated by the issuance of course completion
certificate numbers and driver education certificates is sufficient to
cover the cost of administering this chapter and Article 45.0511, Code of
Criminal Procedure; [.]
(5) [(f) The fee
for] a change of address of[:
[(1)] a driver
education school, [is $180; and
[(2) a] driving
safety school, or course provider; [is $50.]
(6) [(g) The fee
for] a change of name of:
(A) [(1)] a
driver education school or course provider or an owner of a driver
education school or course provider [is $100]; or [and]
(B) [(2)] a
driving safety school or owner of a driving safety school; [is
$50.]
(7) [(h) The
application fee for] each additional driver education or driving safety
course at a driver training school; and [is $25.]
(8) an initial [(i) The application fee
for:
[(1) each director is
$30; and
[(2) each assistant
director or administrative staff member is $15.
[(j) Each] application
for approval of a driving safety course that has not been evaluated by the department
[commissioner must be accompanied by a nonrefundable fee of $9,000].
(c) [(k)] An
application for an initial [original] driver education or
driving safety instructor license must be accompanied by a processing fee [of
$50] and an annual license fee [of $25], except that the department
[commissioner] may not collect the processing fee from an applicant
for a driver education instructor license who is currently teaching a
driver education course in a public school in this state.
(d) [(l)] The commission
[commissioner] shall establish the amount of the fee for a duplicate
license.
(e) [(m)] The commission
[commissioner] may establish a fee for an application for approval
to offer a driver education course by an alternative method of instruction
under Section 1001.3541 [in an amount
the commissioner considers appropriate, not to exceed the amount sufficient
to cover the costs of considering the application].
No
equivalent provision.
No
equivalent provision.
|
|
SECTION 24. Section 1001.202(b),
Education Code, is amended.
|
SECTION 28. Same as
introduced version.
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|
SECTION 25. Sections
1001.203, 1001.204, 1001.205, and 1001.206, Education Code, are amended to
read as follows:
Sec. 1001.203. APPLICATION.
To operate or do business in this state, a driver training school must
apply to the department [commissioner] for the appropriate
license. The application must:
(1) be in writing;
(2) be in the form
prescribed by the department [commissioner];
(3) include all required
information; and
(4) be verified.
Sec. 1001.204. REQUIREMENTS
FOR DRIVER EDUCATION SCHOOL LICENSE.
The department [commissioner]
shall approve an application for a driver education school license if, on investigation of the premises of the
school, it is determined that the school:
(1) has courses, curricula,
and instruction of a quality, content, and length that reasonably and
adequately achieve the stated objective for which the courses, curricula,
and instruction are offered;
(2) has adequate space,
equipment, instructional material, and instructors to provide training of
good quality in the classroom and behind the wheel;
(3) has [directors,]
instructors[, and administrators] who have adequate educational
qualifications and experience;
(4) provides to each student
before enrollment:
(A) a copy of:
(i) the refund policy;
(ii) the schedule of
tuition, fees, and other charges; and
(iii) the regulations
relating to absence, grading policy, and rules of operation and conduct;
and
(B) the department's
name, mailing address, [and] telephone number, and Internet
website address [of the agency] for the purpose of directing
complaints to the department [agency];
(5) maintains adequate
records as prescribed by the department [commissioner] to
show attendance and progress or grades and enforces satisfactory standards
relating to attendance, progress, and conduct;
(6) on completion of
training, issues each student a certificate indicating the course name and
satisfactory completion;
(7) complies with all
county, municipal, state, and federal regulations, including fire,
building, and sanitation codes and assumed name registration;
(8) is financially sound and
capable of fulfilling its commitments for training;
(9) has [administrators,
directors,] owners[,] and instructors who are of good reputation
and character;
(10) maintains and publishes
as 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) does not use erroneous
or misleading advertising, either by actual statement, omission, or
intimation, as determined by the department [commissioner];
(12) 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 executive
director [commissioner];
(13) submits to the department
[agency] for approval the applicable course hour lengths and
curriculum content for each course offered by the school;
(14) does not owe an
administrative penalty for a violation of [under] this
chapter; and
(15) meets any additional
criteria required by the department [agency].
Sec. 1001.205. REQUIREMENTS
FOR DRIVING SAFETY SCHOOL LICENSE.
The department [commissioner]
shall approve an application for a driving safety school license if on investigation the department [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 department [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 department [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
executive director [commissioner];
(9) maintains and uses the
approved contract and policies developed by the course provider;
(10) does not owe an
administrative penalty for a violation of [under] this
chapter;
(11) will not provide a
driving safety course to a person for less than $25; and
(12) meets additional
criteria required by the department [commissioner].
Sec. 1001.206. REQUIREMENTS
FOR COURSE PROVIDER LICENSE.
The department [commissioner]
shall approve an application for a course provider license if on investigation the department [agency]
determines that:
(1) the course provider has
an approved course that at least one licensed 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 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 driving
safety school the department's name, mailing address, [and]
telephone number, and Internet website address [of the agency]
for the purpose of directing complaints to the department [agency];
(4) a copy of the information
provided to each 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 a [the] person successfully
completes the course, the course provider will issue and deliver to the
person by United States mail or commercial delivery [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 department [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 department
[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 executive director [commissioner];
(13) the course provider
does not owe an administrative penalty for a violation of [under]
this chapter; and
(14) the course provider
meets additional criteria required by the department [commissioner].
|
SECTION 29. Sections
1001.204, 1001.205, and 1001.206, Education Code, are amended to read as
follows:
No
equivalent provision.
Sec. 1001.204. REQUIREMENTS
FOR DRIVER EDUCATION SCHOOL LICENSE. (a) The commission by rule [commissioner]
shall establish the criteria [approve an application] for a
driver education school license.
(b) The department shall
approve an application for a driver education school license if the
application is submitted on a form approved
by the executive director, includes the fee, and on inspection [if,
on investigation] of the premises of the school, it is
determined that the school:
(1) has courses, curricula,
and instruction of a quality, content, and length that reasonably and
adequately achieve the stated objective for which the courses, curricula,
and instruction are offered;
(2) has adequate space,
equipment, instructional material, and instructors to provide training of
good quality in the classroom and behind the wheel;
(3) has [directors,]
instructors[, and administrators] who have adequate educational
qualifications and experience;
(4) provides to each student
before enrollment:
(A) a copy of:
(i) the refund policy;
(ii) the schedule of
tuition, fees, and other charges; and
(iii) the regulations
relating to absence, grading policy, and rules of operation and conduct;
and
(B) the department's
name, mailing address, [and] telephone number, and Internet
website address [of the agency] for the purpose of directing
complaints to the department [agency];
(5) maintains adequate
records as prescribed by the department [commissioner] to
show attendance and progress or grades and enforces satisfactory standards
relating to attendance, progress, and conduct;
(6) on completion of
training, issues each student a certificate indicating the course name and
satisfactory completion;
(7) complies with all
county, municipal, state, and federal regulations, including fire,
building, and sanitation codes and assumed name registration;
(8) is financially sound and
capable of fulfilling its commitments for training;
(9) has [administrators,
directors,] owners[,] and instructors who are of good reputation
and character;
(10) maintains and publishes
as 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) does not use erroneous
or misleading advertising, either by actual statement, omission, or
intimation, as determined by the department [commissioner];
(12) 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 executive
director [commissioner];
(13) submits to the department
[agency] for approval the applicable course hour lengths and
curriculum content for each course offered by the school;
(14) does not owe an
administrative penalty for a violation of [under] this
chapter; and
(15) meets any additional
criteria required by the department [agency].
Sec. 1001.205. REQUIREMENTS
FOR DRIVING SAFETY SCHOOL LICENSE. (a) The commission by rule [commissioner]
shall establish the criteria [approve an application] for a
driving safety school license.
(b) The department shall
approve an application for a driving safety school license if the
application is submitted on a form approved
by the executive director, includes the fee, and on inspection of the
premises of the school, [if on
investigation] the department
[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 department [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 department [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
executive director [commissioner];
(9) maintains and uses the
approved contract and policies developed by the course provider;
(10) does not owe an
administrative penalty for a violation of [under] this
chapter;
(11) will not provide a
driving safety course to a person for less than $25; and
(12) meets additional
criteria required by the department [commissioner].
Sec. 1001.206. REQUIREMENTS
FOR COURSE PROVIDER LICENSE. (a) The commission by rule [commissioner]
shall establish criteria [approve an application] for a
course provider license.
(b) The department shall
approve an application for a course provider license if the application is submitted on a form approved
by the executive director, includes the fee, and on inspection of the
premises of the school [if on
investigation] the department
[agency] determines that:
(1) the course provider has
an approved course that at least one licensed 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 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 driving
safety school the department's name, mailing address, [and]
telephone number, and Internet website address [of the agency]
for the purpose of directing complaints to the department [agency];
(4) a copy of the
information provided to each 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 a [the] person successfully
completes the course, the course provider will issue and deliver to the
person by United States mail or commercial delivery [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 department [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 department
[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 executive director [commissioner];
(13) the course provider
does not owe an administrative penalty for a violation of [under]
this chapter; and
(14) the course provider
meets additional criteria required by the department [commissioner].
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|
SECTION 26. Sections
1001.207(a) and (b), Education Code, are amended to read as follows:
(a) Before a driver
education school may be issued a license, the school must file a corporate
surety bond with the department [commissioner] in the amount
of:
(1) $10,000 for the primary
location of the school; and
(2) $5,000 for each branch
location.
(b) A bond issued under
Subsection (a) must be:
(1) issued in a form
approved by the department [commissioner];
(2) issued by a company
authorized to do business in this state;
(3) payable to the state to be used only for payment of a
refund due to a student or potential student;
(4) conditioned on the
compliance of the school and its officers, agents, and employees with this
chapter and rules adopted under this chapter; and
(5) issued for a period
corresponding to the term of the license.
|
SECTION 30. Sections
1001.207(a) and (b), Education Code, are amended to read as follows:
(a) Before a driver
education school may be issued a license, the school must file a corporate
surety bond with the department [commissioner] in the amount
of:
(1) $10,000 for the primary
location of the school; and
(2) $5,000 for each branch
location.
(b) A bond issued under
Subsection (a) must be:
(1) issued in a form
approved by the department [commissioner];
(2) issued by a company
authorized to do business in this state;
(3) payable to the department [state] to be used only for payment of a refund due
to a student or potential student;
(4) conditioned on the
compliance of the school and its officers, agents, and employees with this
chapter and rules adopted under this chapter; and
(5) issued for a period
corresponding to the term of the license.
|
|
SECTION 27. Section
1001.209(b), Education Code, is amended to read as follows:
(b) A bond issued under
Subsection (a) must be:
(1) issued by a company
authorized to do business in this state;
(2) payable to the state to be used:
(A) for payment of a refund
due a student of the course provider's approved course;
(B) to cover the payment of
unpaid fees or penalties assessed by the executive director [agency];
or
(C) to recover any cost
associated with providing course completion certificate numbers, including
the cancellation of certificate numbers;
(3) conditioned on the
compliance of the course provider and its officers, agents, and employees
with this chapter and rules adopted under this chapter; and
(4) issued for a period
corresponding to the term of the license.
|
SECTION 31. Section
1001.209(b), Education Code, is amended to read as follows:
(b) A bond issued under
Subsection (a) must be:
(1) issued by a company
authorized to do business in this state;
(2) payable to the department [state] to be used:
(A) for payment of a refund
due a student of the course provider's approved course;
(B) to cover the payment of
unpaid fees or penalties assessed by the executive director or the commission [agency]; or
(C) to recover any cost
associated with providing course completion certificate numbers, including
the cancellation of certificate numbers;
(3) conditioned on the
compliance of the course provider and its officers, agents, and employees
with this chapter and rules adopted under this chapter; and
(4) issued for a period
corresponding to the term of the license.
|
|
SECTION 28. Section
1001.210, Education Code, is amended.
|
SECTION 32. Same as
introduced version.
|
|
SECTION 29. Sections
1001.211(a) and (b), Education Code, are amended to read as follows:
(a) The executive
director [commissioner] shall issue a license to an applicant
for a license under this subchapter if:
(1) the application is
submitted in accordance with this subchapter; and
(2) the applicant meets the
requirements of this chapter.
(b) A license must be in a
form determined by the department [commissioner] and must
show in a clear and conspicuous manner:
(1) the date of issuance,
effective date, and term of the license;
(2) the name and address of
the driver training school or course provider;
(3) the authority for and
conditions of approval;
(4) the executive director's [commissioner's] signature; and
(5) any other fair and
reasonable representation that is consistent with this chapter and that the
department [commissioner] considers necessary.
|
SECTION 33. Sections
1001.211(a) and (b), Education Code, are amended to read as follows:
(a) The executive
director [commissioner] shall issue a license to an applicant
for a license under this subchapter if:
(1) the application is
submitted in accordance with this subchapter; and
(2) the applicant meets the
requirements of this chapter.
(b) A license must be in a
form determined by the department [commissioner] and must
show in a clear and conspicuous manner:
(1) the date of issuance,
effective date, and term of the license;
(2) the name and address of
the driver training school or course provider;
(3) the authority for and
conditions of approval; and
(4) [the commissioner's signature; and
[(5)] any other fair
and reasonable representation that is consistent with this chapter and that
the department [commissioner] considers necessary.
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|
SECTION 30. Section
1001.212, Education Code, is amended to read as follows:
Sec. 1001.212. NOTICE OF
DENIAL OF LICENSE. The department [commissioner] shall
provide a person whose application for a license under this subchapter is
denied a written statement of the reasons for the denial.
|
No
equivalent provision.
|
|
SECTION 31. Sections
1001.213(c) and (d), Education Code, are amended to read as follows:
(c) The commission may establish
[Instead of the] fees in amounts
that are different from the amounts established under [required by] Section 1001.151[, the
fee] for a new driver education school or course provider
license under Subsection (b) and [is $500, plus $200] for
each branch location[,] if:
(1) the new owner is
substantially similar to the previous owner; and
(2) there is no significant
change in the management or control of the driver education school or
course provider.
(d) The department [commissioner]
is not required to reinspect a
school or a branch location after a change of ownership.
|
SECTION 34. Sections
1001.213(c) and (d), Education Code, are amended to read as follows:
(c) The commission by rule may establish [Instead of
the] fees [required by Section 1001.151,
the fee] for a new driver education school or course provider
license under Subsection (b) and [is $500, plus $200] for
each branch location[,] if:
(1) the new owner is
substantially similar to the previous owner; and
(2) there is no significant change
in the management or control of the driver education school or course
provider.
(d) The department may inspect [commissioner is not required to reinspect] a school or a branch location after a
change of ownership.
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|
SECTION 32. Section 1001.214,
Education Code, is amended.
|
SECTION 35. Same as
introduced version.
|
|
SECTION 33. Section 1001.251,
Education Code, is amended.
|
SECTION 36. Same as
introduced version.
|
|
SECTION 34. Sections
1001.2511(b), (c), (d), (e), and (f), Education Code, are amended.
|
SECTION 37. Same as
introduced version.
|
|
SECTION 35. Section 1001.2512,
Education Code, is amended.
|
SECTION 38. Same as
introduced version.
|
|
SECTION 36. Sections
1001.2514(a), (b), and (d), Education Code, are amended.
|
SECTION 39. Same as
introduced version.
|
|
SECTION 37. Section
1001.252, Education Code, is amended to read as follows:
Sec. 1001.252. SIGNATURE AND
SEAL ON LICENSE REQUIRED. A license under this subchapter must be signed
by the executive director [commissioner].
|
No
equivalent provision.
|
|
SECTION 38. Sections
1001.253(a), (b), (c), (d), (e), and (f), Education Code, are amended to
read as follows:
(a) The department [commissioner]
shall establish standards for certification of professional and paraprofessional personnel who conduct
driver education programs in driver education schools.
(b) A driver education
instructor license authorizing a person to teach or provide
behind-the-wheel training may not be issued unless the person has
successfully completed six semester hours of driver and traffic safety
education or a program of study in driver education approved by the department
[commissioner] from an approved driver education school.
(c) A person who holds a
driver education instructor license authorizing behind-the-wheel training
may not be approved to assist a classroom instructor in the classroom phase
of driver education unless the person has successfully completed the three
additional semester hours of training required for a classroom instructor
or a program of study in driver education approved by the department
[commissioner].
(d) Except as provided by
Subsection (g) or Section 1001.254, a driver education instructor license
authorizing a person to teach or provide classroom training may not be
issued unless the person:
(1) has completed nine
semester hours of driver and traffic safety education or a program of study
in driver education approved by the department [commissioner]
from an approved driver education school; and
(2) holds a teaching
certificate and any additional certification required to teach driver
education.
(e) A driver education
instructor who has completed the educational requirements prescribed by
Subsection (d)(1) may not teach instructor training classes unless the
instructor has successfully completed a supervising instructor development
program consisting of at least six additional semester hours or a program
of study in driver education approved by the department [commissioner]
that includes administering driver education programs and supervising and
administering traffic safety education.
(f) A driver education
school may submit for department [agency] approval a
curriculum for an instructor development program for driver education
instructors. The program must:
(1) be taught by a person
who has completed a supervising instructor development program under
Subsection (e); and
(2) satisfy the requirements
of this section for the particular program or type of training to be
provided.
|
SECTION 40. Section
1001.253, Education Code, is amended by amending Subsections (a), (b), (c),
(d), (e), and (f) and adding Subsection (h) to read as follows:
(a) The department [commissioner]
shall establish standards for certification of professional [and paraprofessional] personnel
who conduct driver education programs in driver education schools.
(b) A driver education
instructor license authorizing a person to teach or provide
behind-the-wheel training may not be issued unless the person has
successfully completed six semester hours of driver and traffic safety education
or a program of study in driver education approved by the department
[commissioner] from an approved driver education school.
(c) A person who holds a
driver education instructor license authorizing behind-the-wheel training
may not be approved to assist a classroom instructor in the classroom phase
of driver education unless the person has successfully completed the three
additional semester hours of training required for a classroom instructor
or a program of study in driver education approved by the department
[commissioner].
(d) Except as provided by
Subsection (g) or Section 1001.254, a driver education instructor license
authorizing a person to teach or provide classroom training may not be
issued unless the person:
(1) has completed nine semester
hours of driver and traffic safety education or a program of study in
driver education approved by the department [commissioner]
from an approved driver education school; and
(2) holds a teaching
certificate and any additional certification required to teach driver
education.
(e) A driver education
instructor who has completed the educational requirements prescribed by
Subsection (d)(1) may not teach instructor training classes unless the
instructor has successfully completed a supervising instructor development
program consisting of at least six additional semester hours or a program
of study in driver education approved by the department [commissioner]
that includes administering driver education programs and supervising and
administering traffic safety education.
(f) A driver education
school may submit for department [agency] approval a
curriculum for an instructor development program for driver education
instructors. The program must:
(1) be taught by a person
who has completed a supervising instructor development program under
Subsection (e); and
(2) satisfy the requirements
of this section for the particular program or type of training to be
provided.
(h) The classroom portion of the instructor development program
for driver education instructors may be conducted online.
|
|
SECTION 39. Section
1001.254(a), Education Code, is amended.
|
SECTION 41. Same as
introduced version.
|
|
SECTION 40. Sections
1001.255(a), (b), and (c), Education Code, are amended to read as follows:
(a) The department [agency]
shall regulate as a driver education school a driver education instructor
who:
(1) teaches driver education
courses in a county having a population of 50,000 or less; and
(2) does not teach more than
200 students annually.
(b) An instructor described
by Subsection (a) must submit to the department [agency] an
application for an initial or renewal driver education school license,
together with all required documentation and information.
(c) The department [commissioner] may
waive initial or renewal driver education school license fees or the fee
for a director or administrative staff member.
|
SECTION 42. Sections
1001.255(a), (b), and (c), Education Code, are amended to read as follows:
(a) The department [agency]
shall regulate as a driver education school a driver education instructor
who:
(1) teaches driver education
courses in a county having a population of 50,000 or less; and
(2) does not teach more than
200 students annually.
(b) An instructor described
by Subsection (a) must submit to the department [agency] an
application for an initial or renewal driver education school license,
together with all required documentation and information.
(c) The executive director [commissioner]
may waive initial or renewal driver education school license fees or the
fee for a director or administrative staff member.
|
|
SECTION 41. Section
1001.256, Education Code, is amended.
|
SECTION 43. Same as
introduced version.
|
|
SECTION 42. Section
1001.257, Education Code, is amended to read as follows:
Sec. 1001.257. DENIAL OF
LICENSE. The executive director [commissioner] may not issue
or renew a driver education instructor license, including a temporary
license, to a person who has six or more points assigned to the person's
driver's license under Subchapter B, Chapter 708, Transportation Code.
|
No
equivalent provision.
|
|
SECTION 43. Section
1001.303, Education Code, is amended to read as follows:
Sec. 1001.303. RENEWAL OF
SCHOOL OR COURSE PROVIDER LICENSE. (a) To
renew the license of a driver education school, driving safety school, or
course provider, the school or course provider must submit to the department
[commissioner] a complete application for renewal at least 30 days
before the expiration date of the license.
(b)
A school or course provider that does not comply with Subsection (a) must,
as a condition of renewal of the person's license, pay a late renewal fee.
The late renewal fee is in addition to the annual renewal fee. The commission
by rule shall establish a late renewal fee [must be in the amount
established by board rule of at least $100, subject to Subchapter D].
(c) The department [commissioner]
may reexamine a driver education
school's premises.
(d) The executive director [commissioner]
shall renew or cancel the driver education school, driving safety school,
or course provider license.
|
SECTION 44. Sections
1001.303(c) and (d), Education Code, are amended to read as follows:
(c) The department [commissioner]
may inspect [reexamine] a driver education
school's premises.
(d) The department [commissioner] shall
renew or cancel the driver education school, driving safety school, or
course provider license.
|
|
SECTION 44. Sections
1001.304(b) and (c), Education Code, are amended.
|
SECTION 45. Same as
introduced version.
|
|
SECTION 45. Sections
1001.351(a) and (b), Education Code, are amended.
|
SECTION 46. Same as
introduced version.
|
|
SECTION 46. Sections
1001.354(a) and (b), Education Code, are amended.
|
SECTION 47. Same as
introduced version.
|
|
SECTION 47. Section 1001.3541,
Education Code, is amended.
|
SECTION 48. Same as
introduced version.
|
|
SECTION 48. Sections
1001.404(b) and (c), Education Code, are amended.
|
SECTION 49. Same as
introduced version.
|
|
SECTION 49. Sections
1001.451 and 1001.452, Education Code, are amended to read as follows:
Sec. 1001.451. PROHIBITED
PRACTICES. A person may not:
(1) use advertising designed to mislead or deceive a prospective
student;
(2) fail to notify the department
[commissioner] of the discontinuance of the operation of a driver
training school before the fourth working
day after the date of cessation of classes and make available
accurate records as required by this chapter;
(3) issue, sell, trade, or
transfer:
(A) a uniform certificate of
course completion or driver education certificate to a person or driver
training school not authorized to possess the certificate;
(B) a uniform certificate of
course completion to a person who has not successfully completed an
approved, six-hour driving safety course; or
(C) a driver education
certificate to a person who has not successfully completed a department-approved
[commissioner-approved] driver education course;
(4) negotiate a promissory
instrument received as payment of tuition or another charge before the
student completes 75 percent of the course, except that before that time
the instrument may be assigned to a purchaser who becomes subject to any
defense available against the school named as payee; or
(5) conduct any part of an
approved driver education course or driving safety course without having an
instructor physically present in appropriate proximity to the student for
the type of instruction being given.
Sec. 1001.452. COURSE OF
INSTRUCTION. A driver training school may not maintain, advertise, solicit
for, or conduct a course of instruction in this state before the later of:
(1)
the 30th day after the date the school applies for a driver training school
license; or
(2) the date the school
receives a driver training school license from the department [commissioner].
|
SECTION 50. Sections
1001.451 and 1001.452, Education Code, are amended to read as follows:
Sec. 1001.451. PROHIBITED
PRACTICES. A person may not:
(1) use advertising that is false, misleading, or deceptive [designed to mislead or deceive a prospective
student];
(2) fail to notify the department
[commissioner] of the discontinuance of the operation of a driver
training school before the 15th [fourth] working day after the
date of cessation of classes and make available accurate records as
required by this chapter;
(3) issue, sell, trade, or
transfer:
(A) a uniform certificate of
course completion or driver education certificate to a person or driver
training school not authorized to possess the certificate;
(B) a uniform certificate of
course completion to a person who has not successfully completed an
approved, six-hour driving safety course; or
(C) a driver education
certificate to a person who has not successfully completed a department-approved
[commissioner-approved] driver education course;
(4) negotiate a promissory
instrument received as payment of tuition or another charge before the
student completes 75 percent of the course, except that before that time
the instrument may be assigned to a purchaser who becomes subject to any
defense available against the school named as payee; or
(5) conduct any part of an
approved driver education course or driving safety course without having an
instructor physically present in appropriate proximity to the student for
the type of instruction being given.
Sec. 1001.452. COURSE OF
INSTRUCTION. A driver training school may not [maintain, advertise, solicit for, or] conduct a
course of instruction in this state before the
[later of:
[(1)
the 30th day after the date the school applies for a driver training school
license; or
[(2) the] date the
school receives a driver training school license from the department
[commissioner].
|
|
SECTION 50. Sections
1001.453(d) and (e), Education Code, are amended to read as follows:
(d) Subchapter F, Chapter
51, Occupations Code, Section 51.353, Occupations Code, and
Sections [1001.454,] 1001.456(a) [,] and 1001.553 of this
code do not apply to a violation of this section or a rule
adopted under this section.
(e) Section 51.352,
Occupations Code, and Sections 1001.455(a)(6), 1001.501, [1001.551,
1001.552,] and 1001.554 of this code do not apply to a violation
of this section.
|
SECTION 51. Sections
1001.453(b), (d), and (e), Education Code, are amended to read as follows:
(b)
The department may revoke the license of a [A] course
provider [loses its course provider status] if the course provider
or the course provider's agent, employee, or representative violates this
section.
(d) Subchapter F, Chapter
51, Occupations Code, and Section 51.353, Occupations Code, [Sections 1001.454, 1001.456(a), and 1001.553]
do not apply to a violation of this section or a rule adopted under this
section.
(e) Section 51.352,
Occupations Code, and Sections 1001.455(a)(6)[, 1001.501, 1001.551, 1001.552,] and 1001.554
of this code do not apply to a violation of this section.
|
|
SECTION 51. Section
1001.455, Education Code, is amended to read as follows:
Sec. 1001.455. DENIAL,
SUSPENSION, OR REVOCATION OF INSTRUCTOR LICENSE. (a) The executive
director [agency] may deny an application for an instructor
license or suspend or revoke the license of an instructor if the
instructor:
(1) fails to meet a
requirement for issuance of or holding a license under this chapter;
(2) permits fraud or engages
in fraudulent practices relating to the application;
(3) induces or countenances fraud or fraudulent
practices on the part of an applicant for a driver's license or permit;
(4) permits or engages in
any other fraudulent practice in an action between the applicant or license
holder and the public;
(5) fails to comply with commission
[agency] rules relating to driver instruction; or
(6) fails to comply with
this chapter.
(b)
Not later than the 10th day after the date of a denial, suspension, or
revocation under this section, the department [agency] shall
notify the applicant or license holder of that action by certified mail.
|
SECTION 52. Section
1001.455(a), Education Code, is amended to read as follows:
(a) The executive
director or the commission [agency]
may deny an application for an instructor license or suspend or revoke the
license of an instructor if the instructor:
(1) fails to meet a
requirement for issuance of or holding a license under this chapter;
(2) permits [fraud] or engages in misrepresentation, fraud,
or deceit in applying for or obtaining a certificate, license, or permit
[fraudulent practices relating to the application];
(3) induces [or countenances] fraud or
fraudulent practices on the part of an applicant for a driver's license or
permit;
(4) permits or engages in any
other fraudulent practice in an action between the applicant or license
holder and the public;
(5) fails to comply with commission
[agency] rules relating to driver instruction; or
(6) fails to comply with
this chapter.
|
|
SECTION 52. Section 1001.456,
Education Code, is amended to read as follows:
Sec. 1001.456. OTHER
DISCIPLINARY ACTIONS. (a) If the executive director [agency]
believes that a driver education school or instructor has violated this
chapter or a rule adopted under this chapter, the executive director
[agency] may, without notice:
(1) order a peer review;
(2) suspend the enrollment
of students in the school or the offering of instruction by the instructor;
or
(3) suspend the right to
purchase driver education certificates.
(b) If the executive
director [agency] believes that a course provider, driving
safety school, or driving safety instructor has violated this chapter or a
rule adopted under this chapter, the executive director [agency]
may, without notice:
(1) order a peer review of
the course provider, driving safety school, or driving safety instructor;
(2) suspend the enrollment
of students in the school or the offering of instruction by the instructor;
or
(3) suspend the right to
purchase course completion certificate numbers.
(c) A peer review ordered
under this section must be conducted by a team of knowledgeable persons
selected by the department [agency]. The team shall provide
the department [agency] with an objective assessment of the
content of the school's or course provider's curriculum and its
application. The school or course provider shall pay the costs of the peer
review.
(d) A suspension of
enrollment under Subsection (a)(2) or (b)(2) means a ruling by the executive
director [commissioner] that restricts a school from:
(1) accepting enrollments or
reenrollments;
(2) advertising;
(3) soliciting; or
(4) directly or indirectly
advising prospective students of its program or course offerings.
|
No
equivalent provision.
|
|
SECTION 53. Section
1001.458, Education Code, is amended to read as follows:
Sec. 1001.458. SURRENDER OF
LICENSE. (a) A license holder whose license is suspended or revoked shall
surrender the license to the department [agency] not later
than the fifth day after the date of suspension or revocation.
(b) The department [agency]
may reinstate a suspended license on full compliance by the license holder
with this chapter.
|
No
equivalent provision.
|
|
SECTION 54. Section
1001.459, Education Code, is amended to read as follows:
Sec. 1001.459. APPEAL AND
REQUEST FOR HEARING. (a) A person aggrieved by a denial, suspension, or
revocation of a license may appeal the action and request a hearing before
the State Office of Administrative Hearings, which shall promptly set a
hearing date and give written notice of the time and place of the hearing
to the person. An administrative law judge of the State Office of
Administrative Hearings shall conduct the hearing [commissioner].
(b) The administrative
law judge shall make findings of fact and conclusions of law and promptly
issue to the commission a proposal for a decision about the appealed action
[request must be submitted not later than the 15th day after the date
the person receives notice under Section 1001.455. On receipt of a request
for a hearing, the commissioner shall set a time and place for the hearing
and send notice of the time and place to the aggrieved person].
|
No
equivalent provision.
|
|
SECTION 55. Sections
1001.553(a), (b), and (c), Education Code, are amended to read as follows:
(a) After an opportunity for
a hearing, the executive director or commission [commissioner]
may impose an administrative penalty on a person who violates this chapter
or a rule adopted under this chapter.
(b) The amount of the
penalty may not exceed $5,000 [$1,000] a day for each
violation.
(c) An administrative
penalty under this section shall be imposed and collected as provided by
Subchapter F, Chapter 51, Occupations Code. [The attorney general,
at the request of the agency, may bring an action to collect the penalty.]
|
No
equivalent provision.
|
|
SECTION 56. Section
1001.555(b), Education Code, is amended to read as follows:
(b) The department [agency]
shall contract with the Department
of Public Safety [department] to provide undercover and
investigative assistance in the enforcement of Subsection (a).
|
SECTION 53. Section
1001.555(b), Education Code, is amended to read as follows:
(b) The department may [agency shall] contract with the Department of Public Safety
[department] to provide undercover and investigative assistance in
the enforcement of Subsection (a).
|
|
SECTION 57. Article
45.0511(b), Code of Criminal Procedure, is amended.
|
SECTION 54. Same as
introduced version.
|
|
SECTION 58. Section
501.004(b), Transportation Code, is amended.
|
SECTION 55. Same as
introduced version.
|
|
SECTION 59. Section
521.1601, Transportation Code, as added by Chapter 1253 (H.B. 339), Acts of
the 81st Legislature, Regular Session, 2009, is amended to read as follows:
Sec. 521.1601. DRIVER
EDUCATION REQUIRED. The department may not issue a driver's license to a
person who is younger than 21 years of age unless the person submits to the
department a driver education certificate issued under Chapter 1001,
Education Code, that states that the person has completed and passed:
(1) a driver education and
traffic safety course approved by the Texas Department of Licensing and
Regulation [Education Agency] under Section 29.902, Education
Code, or a driver education course approved by the Texas Department of
Licensing and Regulation [that agency] under Section 1001.101, Education Code, [of
that code] or approved by the department under
Section 521.205; or
(2) if the person is 18
years of age or older, a driver education course approved by the Texas Department
of Licensing and Regulation [Education Agency] under Section
1001.101 or 1001.1015, Education Code.
|
SECTION 56. Section
521.1601, Transportation Code, as added by Chapter 1253 (H.B. 339), Acts of
the 81st Legislature, Regular Session, 2009, is amended to read as follows:
Sec. 521.1601. DRIVER
EDUCATION REQUIRED. The department may not issue a driver's license to a
person who is younger than 21 years of age unless the person submits to the
department a driver education certificate issued under Chapter 1001,
Education Code, that states that the person has completed and passed:
(1) a driver education and
traffic safety course approved by the Texas Department of Licensing and
Regulation [Education Agency] under Section 29.902, Education
Code, or a driver education course approved by the Texas Department of
Licensing and Regulation [that agency] under Chapter 1001, Education Code, [Section 1001.101 of that code]
or approved by the department under this
chapter [Section 521.205];
or
(2) if the person is 18
years of age or older, a driver education course approved by the Texas Department
of Licensing and Regulation [Education Agency] under Section
1001.101 or 1001.1015, Education Code.
|
|
SECTION 60. Section
521.1601, Transportation Code, as added by Chapter 1413 (S.B. 1317), Acts
of the 81st Legislature, Regular Session, 2009, is amended to read as
follows:
Sec. 521.1601. DRIVER
EDUCATION REQUIRED. The department may not issue a driver's license to a
person who is younger than 25 years of age unless the person submits to the
department a driver education certificate issued under Chapter 1001,
Education Code, that states that the person has completed and passed:
(1) a driver education and
traffic safety course approved by the Texas Department of Licensing and
Regulation [Education Agency] under Section 29.902, Education
Code, or a driver education course approved by the Texas Department of
Licensing and Regulation [that agency] under Section 1001.101, Education Code, [1001.101(a)(1)
of that code] or approved by the department under Section 521.205; or
(2) if the person is 18
years of age or older, a driver education course approved by the Texas Department
of Licensing and Regulation [Education Agency] under Section
1001.101 or 1001.1015 [Section 1001.101(a)(1) or (2)], Education
Code.
|
SECTION 57. Section
521.1601, Transportation Code, as added by Chapter 1413 (S.B. 1317), Acts
of the 81st Legislature, Regular Session, 2009, is amended to read as
follows:
Sec. 521.1601. DRIVER
EDUCATION REQUIRED. The department may not issue a driver's license to a
person who is younger than 25 years of age unless the person submits to the
department a driver education certificate issued under Chapter 1001,
Education Code, that states that the person has completed and passed:
(1) a driver education and
traffic safety course approved by the Texas Department of Licensing and
Regulation [Education Agency] under Section 29.902, Education
Code, or a driver education course approved by the Texas Department of
Licensing and Regulation [that agency] under Chapter 1001, Education Code, [Section 1001.101(a)(1) of that
code] or approved by the department under this chapter [Section
521.205]; or
(2) if the person is 18
years of age or older, a driver education course approved by the Texas Department
of Licensing and Regulation [Education Agency] under Section
1001.101 or 1001.1015 [Section 1001.101(a)(1) or (2)], Education
Code.
|
|
SECTION 61. Section
521.1655(a), Transportation Code, is amended.
|
SECTION 58. Same as
introduced version.
|
|
SECTION 62. Section 521.167,
Transportation Code, as added by Chapter 1253 (H.B. 339), Acts of the 81st
Legislature, Regular Session, 2009, is amended.
|
SECTION 59. Same as
introduced version.
|
|
SECTION 63. Section 521.203,
Transportation Code, is amended.
|
SECTION 60. Same as
introduced version.
|
|
SECTION 64. Section
521.204(a), Transportation Code, is amended to read as follows:
(a) The department may issue
a Class C driver's license to an applicant under 18 years of age only if
the applicant:
(1) is 16 years of age or older;
(2) has submitted to the
department a driver education certificate issued under Section 1001.055,
Education Code, that states that the person has completed and passed a
driver education course approved by the
department under Section 521.205 or
by the Texas Department of Licensing and Regulation [Education
Agency];
(3) has obtained a high
school diploma or its equivalent or is a student:
(A) enrolled in a public
school, home school, or private school who attended school for at least 80
days in the fall or spring semester preceding the date of the driver's
license application; or
(B) who has been enrolled
for at least 45 days, and is enrolled as of the date of the application, in
a program to prepare persons to pass the high school equivalency exam;
(4) has submitted to the
department written parental or guardian permission:
(A) for the department to
access the applicant's school enrollment records maintained by the Texas
Education Agency; and
(B) for a school
administrator or law enforcement officer to notify the department in the
event that the person has been absent from school for at least 20
consecutive instructional days; and
(5) has passed the
examination required by Section 521.161.
|
SECTION 61. Section
521.204(a), Transportation Code, is amended to read as follows:
(a) The department may issue
a Class C driver's license to an applicant under 18 years of age only if
the applicant:
(1) is 16 years of age or
older;
(2) has submitted to the
department a driver education certificate issued under Section 1001.055,
Education Code, that states that the person has completed and passed a
driver education course approved by the [department
under Section 521.205 or by the] Texas Department of
Licensing and Regulation [Education Agency];
(3) has obtained a high
school diploma or its equivalent or is a student:
(A) enrolled in a public
school, home school, or private school who attended school for at least 80
days in the fall or spring semester preceding the date of the driver's
license application; or
(B) who has been enrolled
for at least 45 days, and is enrolled as of the date of the application, in
a program to prepare persons to pass the high school equivalency exam;
(4) has submitted to the
department written parental or guardian permission:
(A) for the department to
access the applicant's school enrollment records maintained by the Texas
Education Agency; and
(B) for a school
administrator or law enforcement officer to notify the department in the
event that the person has been absent from school for at least 20
consecutive instructional days; and
(5) has passed the
examination required by Section 521.161.
|
|
SECTION 65. Sections
521.205(b) and (d), Transportation Code, are amended to read as follows:
(b) The department may not
approve a course unless it determines that the course materials are at
least equal to those required in a course approved by the Texas Department
of Licensing and Regulation [Education Agency], except that the
department may not require that:
(1) the classroom instruction
be provided in a room with particular characteristics or equipment; or
(2) the vehicle used for the
behind-the-wheel instruction have equipment other than the equipment
otherwise required by law for operation of the vehicle on a highway while
the vehicle is not being used for driver training.
(d) Completion of a driver
education course approved under this section has the same effect under this
chapter as completion of a driver education course approved by the Texas Department
of Licensing and Regulation [Education Agency].
|
No
equivalent provision.
|
|
No
equivalent provision.
|
SECTION 62. Sections
521.206(b) and (c), Transportation Code, are amended to read as follows:
(b) The department shall
collect data regarding the collision rate of students taught by course
instructors approved under Chapter 1001, Education Code [Section
521.205]. The collision rate is computed by determining the number of
students who completed a course approved under Chapter 1001, Education
Code, [Section 521.205] during a state fiscal year, dividing
that number by the number of collisions that involved students who
completed such a course and that occurred in the 12-month period following
their licensure, and expressing the quotient as a percentage.
(c) Not later than October 1
of each year, the department shall issue a publication listing the
collision rate for students taught by each driver education entity and the
collision rate for students taught by a course instructor approved under Chapter
1001, Education Code [Section 521.205], noting the severity of
collisions involving students of each entity and each type of course.
|
|
SECTION 66. Sections
521.222(a) and (c), Transportation Code, are amended to read as follows:
(a) The department or a driver education school licensed under Chapter
1001, Education Code, [the Texas Driver and Traffic Safety
Education Act (Article 4413(29c), Vernon's Texas Civil Statutes)] may
issue an instruction permit,
including a Class A or Class B driver's license instruction permit, to a person who:
(1) is 15 years of age or
older but under 18 years of age;
(2) has satisfactorily
completed and passed the classroom phase of an approved driver education
course, which may be a course approved under Section
521.205;
(3) meets the requirements
imposed under Section 521.204(a)(3) [521.204(3)]; and
(4) has passed each
examination required under Section 521.161 other than the driving test.
(c) A driver education school may issue an instruction permit to a person 18 years of
age or older who has successfully passed:
(1) a six-hour adult
classroom driver education course approved by the Texas Department of
Licensing and Regulation [Education Agency]; and
(2) each part of the
driver's examination required by Section 521.161 other than the driving
test.
|
SECTION 63. Sections
521.222(a) and (c), Transportation Code, are amended to read as follows:
(a) The department [or a driver education school licensed under
the Texas Driver and Traffic Safety Education Act (Article 4413(29c),
Vernon's Texas Civil Statutes)] may issue a learner license [an
instruction permit], including a Class A or Class B driver's learner license [instruction permit], to a person
who:
(1) is 15 years of age or
older but under 18 years of age;
(2) has satisfactorily
completed and passed the classroom phase of an approved driver education
course, which may be a course approved under Section
1001.112, Education Code [521.205];
(3) meets the requirements
imposed under Section 521.204(a)(3) [521.204(3)]; and
(4) has passed each
examination required under Section 521.161 other than the driving test.
(c) The department [A driver education school] may issue a learner license [an instruction permit] to a
person 18 years of age or older who has successfully passed:
(1) a six-hour adult classroom
driver education course approved by the Texas Department of Licensing
and Regulation [Education Agency]; and
(2) each part of the
driver's examination required by Section 521.161 other than the driving
test.
|
|
No
equivalent provision.
|
SECTION 64. Section
521.223(b), Transportation Code, is amended to read as follows:
(b) An applicant for a
license under Subsection (a) must be 15 years of age or older and must:
(1) have passed a driver
education course approved by the department, which may be a course approved
under Chapter 1001, Education Code [Section 521.205]; and
(2) pass the examination
required by Section 521.161.
|
|
SECTION 67. Sections 543.111
and 543.112, Transportation Code, are amended.
|
SECTION 65. Same as
introduced version.
|
|
SECTION 68. Sections
543.113(a) and (c), Transportation Code, are amended to read as follows:
(a) The Texas Department
of Licensing and Regulation [Education Agency] shall print the uniform certificates and supply
them to persons who are licensed providers of courses approved under Chapter
1001, Education Code [the Texas Driver and Traffic Safety Education
Act (Article 4413(29c), Vernon's Texas Civil Statutes)]. The Texas
Commission of Licensing and Regulation by rule shall establish [Agency
may charge] a fee for each certificate. [The fee may not exceed $4.]
(c) Money collected by the
Texas Department of Licensing and Regulation [Education Agency]
under this section may be used only to pay monetary awards for information
relating to abuse of uniform certificates that leads to the conviction or
removal of an approval, license, or authorization.
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SECTION 66. Sections
543.113(a) and (c), Transportation Code, are amended to read as follows:
(a) The Texas Department
of Licensing and Regulation [Education Agency] shall issue
[print] the uniform certificates and supply them to persons
who are licensed providers of courses approved under Chapter 1001,
Education Code [the Texas Driver and Traffic Safety Education Act
(Article 4413(29c), Vernon's Texas Civil Statutes)]. The Texas
Commission of Licensing and Regulation by rule shall establish [Agency
may charge] a fee for each certificate. [The fee may not exceed $4.]
(c) Money collected by the
Texas Department of Licensing and Regulation [Education Agency]
under this section may be used only to pay monetary awards for information
relating to abuse of uniform certificates that leads to the conviction or
removal of an approval, license, or authorization.
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SECTION 69. Section
543.114(a), Transportation Code, is amended.
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SECTION 67. Same as
introduced version.
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SECTION 70. Section
545.412(g), Transportation Code, is amended.
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SECTION 68. Same as
introduced version.
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SECTION 71. Section
545.413(i), Transportation Code, is amended.
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SECTION 69. Same as
introduced version.
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SECTION 72. (a) The
following provisions of the Education Code are repealed:
(1) Section 1001.001(1);
(2)
Section 1001.006;
(3) Section 1001.454;
(4) Sections 1001.460 and
1001.461; and
(5) Sections 1001.551 and
1001.552.
(b) Section 521.167,
Transportation Code, as added by Chapter 1413 (S.B. 1317), Acts of the 81st
Legislature, Regular Session, 2009, is repealed.
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SECTION 70. (a) The
following provisions of the Education Code are repealed:
(1) Section 1001.001(1);
(2)
Sections 1001.054(a) and (b);
(3)
Sections 1001.152 and 1001.153;
(4)
Section 1001.203;
(5)
Section 1001.212;
(6)
Section 1001.252;
(7)
Section 1001.257;
(8)
Sections 1001.303(a) and (b);
(9) Section 1001.454;
(10)
Section 1001.455(b);
(11)
Sections 1001.456, 1001.457, 1001.458, and 1001.459;
(12) Sections 1001.460 and
1001.461;
(13)
Sections 1001.501, 1001.502, and 1001.503; and
(14) Sections 1001.551,
1001.552, and 1001.553.
(b) Section 521.167,
Transportation Code, as added by Chapter 1413 (S.B. 1317), Acts of the 81st
Legislature, Regular Session, 2009, and
Section 521.205, Transportation Code, are repealed.
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SECTION 73. The change in
law made by this Act to Section
1001.553(b), Education Code, applies only to the imposition of an
administrative penalty for a violation that occurs on or after the
effective date of this Act. The imposition of an administrative penalty
for a violation that occurs before the effective date of this Act is
governed by the law in effect on the date the violation occurred, and that
law is continued in effect for that purpose.
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SECTION 71. The change in
law made by this Act applies only to the imposition of an administrative
penalty for a violation that occurs on or after the effective date of this
Act. The imposition of an administrative penalty for a violation that
occurs before the effective date of this Act is governed by the law in
effect on the date the violation occurred, and that law is continued in
effect for that purpose.
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SECTION 74.
(a) On September 1, 2015:
(1) all functions and
activities relating to Chapter 1001, Education Code, performed by the Texas Education Agency immediately
before that date are transferred to the Texas Department of Licensing and
Regulation;
(2) all rules, policies,
procedures, decisions, and forms adopted by the commissioner of education
that relate to Chapter 1001, Education Code, are continued in effect as
rules, policies, procedures, decisions, and forms of the Texas Commission
of Licensing and Regulation or the Texas Department of Licensing and
Regulation, as applicable, and remain in effect until amended or replaced
by that commission or department;
(3) a reference to the Texas
Education Agency in a law or administrative rule that relates to Chapter
1001, Education Code, means the Texas Commission of Licensing and
Regulation or the Texas Department of Licensing and Regulation, as
applicable;
(4) a complaint,
investigation, or other proceeding before the Texas Education Agency that
is related to Chapter 1001, Education Code, is transferred without change
in status to the Texas Department of Licensing and Regulation, and the
Texas Department of Licensing and Regulation assumes, as appropriate and
without a change in status, the position of the Texas Education Agency in
an action or proceeding to which the Texas Education Agency is a party;
(5) all money, contracts,
leases, property, and obligations of the Texas Education Agency related to
Chapter 1001, Education Code, are transferred to the Texas Department of
Licensing and Regulation;
(6) all property in the
custody of the Texas Education Agency related to Chapter 1001, Education
Code, is transferred to the Texas Department of Licensing and Regulation;
and
(7) the unexpended and
unobligated balance of any money appropriated by the legislature for the
Texas Education Agency related to Chapter 1001, Education Code, is
transferred to the Texas Department of Licensing and Regulation.
(b) Before September 1, 2015, the Texas Education Agency may
agree with the Texas Department of Licensing and Regulation to transfer any
property of the Texas Education Agency to the Texas Department of Licensing
and Regulation to implement the transfer required by this Act.
(See Subdiv. (3) above.)
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
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SECTION 72. (a) In this section, "former governing
bodies" means the Texas Education Agency and the Department of Public
Safety, relating to the oversight of Chapter 1001, Education Code, and
Section 521.205, Transportation Code, respectively.
(b) On September 1, 2015:
(1) all functions and
activities relating to Chapter 1001, Education Code, performed by the former governing bodies immediately before
that date are transferred to the Texas Department of Licensing and
Regulation;
(2) all rules, policies,
procedures, decisions, and forms adopted by the former governing bodies
relating to Chapter 1001, Education Code, or
Section 521.205, Transportation Code, are continued in effect as
rules, policies, procedures, decisions, and forms of the Texas Commission
of Licensing and Regulation or the Texas Department of Licensing and
Regulation, as applicable, and remain in effect until amended or replaced
by that commission or department;
(See Subsec. (d) below.)
(3) a complaint,
investigation, or other proceeding before the former governing bodies that
is related to Chapter 1001, Education Code, or
Section 521.205, Transportation Code, is transferred without change
in status to the Texas Department of Licensing and Regulation, and the
Texas Department of Licensing and Regulation assumes, as appropriate and
without a change in status, the position of the former governing bodies in
an action or proceeding to which one of the former governing bodies is a party;
(4) all money, contracts,
leases, property, and obligations of the former governing bodies relating
to Chapter 1001, Education Code, or Section
521.205, Transportation Code, are transferred to the Texas
Department of Licensing and Regulation;
(5) all property in the
custody of the former governing bodies related to Chapter 1001, Education
Code, or Section 521.205, Transportation
Code, is transferred to the Texas Department of Licensing and
Regulation; and
(6) the unexpended and
unobligated balance of any money appropriated by the legislature for the
former governing bodies related to Chapter 1001, Education Code, or Section 521.205, Transportation Code,
is transferred to the Texas Department of Licensing and Regulation.
(c) As soon as practicable after the effective date of this Act,
the Texas Education Agency may agree with the Texas Department of Licensing
and Regulation to transfer any property of the Texas Education Agency to
the Texas Department of Licensing and Regulation to implement the transfer
required by this Act.
(d) Unless the context
indicates otherwise, a reference to the former governing bodies in a law or
administrative rule that relates to Chapter 1001, Education Code, or
Section 521.205, Transportation Code, means the Texas Commission of
Licensing and Regulation or the Texas Department of Licensing and
Regulation, as applicable.
(e) A license, permit,
certification, or registration issued by the former governing bodies is
continued in effect as a license, permit, certification, or registration of
the Texas Department of Licensing and Regulation.
(f) On September 1, 2015,
all full-time equivalent employee positions at the former governing bodies
and Education Service Center Region 13 that primarily concern the
administration, enforcement, or other direct or indirect support of Chapter
1001, Education Code, or Section 521.205, Transportation Code, become
positions at the Texas Department of Licensing and Regulation. When
filling the positions, the Texas Department of Licensing and Regulation
shall give first consideration to an applicant who, as of August 31, 2015,
was an employee at the former governing bodies or Education Service Center
Region 13 primarily involved in administering or enforcing Chapter 1001,
Education Code, or Section 521.205, Transportation Code.
(g) As soon as practicable
after the effective date of this Act, the presiding officer of the Texas
Commission of Licensing and Regulation, with the commission's approval,
shall make the initial appointments to the advisory committee under Section
1001.058, Education Code, as added by this Act.
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SECTION 75. The changes in
law made by this Act to Chapter 1001, Education Code, apply only to a fee
charged on or after September 1, 2015. A fee charged before September 1,
2015, is governed by the law in effect immediately before that date, and
the former law is continued in effect for that purpose.
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SECTION 73. Same as
introduced version.
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No
equivalent provision.
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SECTION 74. To the extent of
any conflict, this Act prevails over another Act of the 84th Legislature,
Regular Session, 2015, relating to nonsubstantive additions to and
corrections in enacted codes.
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SECTION 76. This Act takes
effect September 1, 2015.
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SECTION 75. Same as
introduced version.
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