BILL ANALYSIS

H.B. 2708

By: Coleman

Transportation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties contend that the Department of Public Safety's requirement to provide for approval of a driver education course taught by a person's relative is confusing. Currently, a person disabled because of mental illness is ineligible to teach the driver education course, but additional guidance on or definition of the term "disabled because of mental illness" is lacking. Interested parties contend that the lack of clarity on the meaning of the term is confusing, particularly for a parent or otherwise eligible individual who has a mental illness but who is not rendered incapable of driving by the illness. The parties assert that, given that a person with a mental or physical disability or disease that prevents the person from exercising reasonable and ordinary control over a motor vehicle while operating the vehicle on a highway is ineligible for a license, it seems the restriction against a person disabled by mental illness from teaching the driver education course may be unnecessary. H.B. 2708 seeks to remedy this situation.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2708 amends a Transportation Code provision relating to Department of Public Safety rules providing for the approval of a driver education course conducted by certain individuals related to a person who is required to complete a driver education course to obtain a Class C license by removing the requirement that the rules provide that the person conducting the course not be disabled because of mental illness.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2015.