84R23158 AAF-D
 
  By: Dutton H.B. No. 1786
 
  Substitute the following for H.B. No. 1786:
 
  By:  Smith C.S.H.B. No. 1786
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the transfer of driver and traffic safety education
  from the Texas Education Agency and the Department of Public Safety
  to the Texas Department of Licensing and Regulation; changing the
  amounts of certain fees; amending a provision subject to a criminal
  penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 29.902(a), Education Code, is amended to
  read as follows:
         (a)  The Texas Department of Licensing and Regulation
  [agency] shall develop a program of organized instruction in driver
  education and traffic safety for public school students. A student
  who will be 15 years of age or older before a driver education and
  traffic safety course ends may enroll in the course.
         SECTION 2.  Section 51.308, Education Code, is amended to
  read as follows:
         Sec. 51.308.  DRIVER EDUCATION.  A driver education course
  for the purpose of preparing students to obtain a driver's license
  may be offered by an institution of higher education, as defined by
  Section 61.003, with the approval of the Texas Department of
  Licensing and Regulation [Central Education Agency].
  SECTION 3.  Section 1001.001, Education Code, is amended by
  amending Subdivisions (2), (3), (4), and (5) and adding Subdivision
  (13-a) to read as follows:
               (2)  "Approved driving safety course" means a driving
  safety course approved by the department [commissioner].
               (3)  "Commission" ["Commissioner"] means the Texas
  Commission of Licensing and Regulation [commissioner of
  education].
               (4)  "Course provider" means an enterprise that:
                     (A)  maintains a place of business or solicits
  business in this state;
                     (B)  is operated by an individual, association,
  partnership, or corporation; and
                     (C)  has received an approval for a driving safety
  course from the department [commissioner] or has been designated by
  a person who has received that approval to conduct business and
  represent the person in this state.
               (5)  "Department" means the Texas Department of
  Licensing and Regulation [Public Safety].
               (13-a)  "Executive director" means the executive
  director of the department.
         SECTION 4.  Section 1001.002(c), Education Code, is amended
  to read as follows:
         (c)  A driver education course is exempt from this chapter,
  other than Section 1001.055, if the course is:
               (1)  conducted by a vocational driver training school
  operated to train or prepare a person for a field of endeavor in a
  business, trade, technical, or industrial occupation;
               (2)  conducted by a school or training program that
  offers only instruction of purely avocational or recreational
  subjects as determined by the department [commissioner];
               (3)  sponsored by an employer to train its own
  employees without charging tuition;
               (4)  sponsored by a recognized trade, business, or
  professional organization with a closed membership to instruct the
  members of the organization; or
               (5)  conducted by a school regulated and approved under
  another law of this state.
         SECTION 5.  Section 1001.003, Education Code, is amended to
  read as follows:
         Sec. 1001.003.  LEGISLATIVE INTENT REGARDING SMALL
  BUSINESSES. It is the intent of the legislature that commission
  [agency] rules that affect driver training schools that qualify as
  small businesses be adopted and administered so as to have the least
  possible adverse economic effect on the schools.
         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 to
  read as follows:
         Sec. 1001.004.  COST OF ADMINISTERING CHAPTER. (a) Except
  as provided by Subsection (b), the cost of administering this
  chapter shall be included in the state budget allowance for the
  department [agency].
         (b)  The department [commissioner] may charge a fee to each
  driver education school in an amount not to exceed the actual
  expense incurred in the regulation of driver education courses
  established under Section 1001.1015.
         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.
         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].
         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.
         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.
         SECTION 11.  Sections 1001.056(b), (c), (d), (e), and (g),
  Education Code, are amended to read as follows:
         (b)  The department [agency] shall provide each licensed
  course provider with course completion certificate numbers to
  enable the provider to print and issue department-approved
  [agency-approved] uniform certificates of course completion.
         (c)  The commission [agency] by rule shall provide for the
  design of the certificates and the distribution of certificate
  numbers in a manner that, to the greatest extent possible, prevents
  the unauthorized production or the misuse of the certificates or
  certificate numbers.
         (d)  A certificate under this section must:
               (1)  be in a form required by the department [agency];
  and
               (2)  include an identifying number by which the
  department [agency], a court, or the Department of Public Safety
  [department] may verify its authenticity with the course provider.
         (e)  The commission by rule shall establish [agency may
  charge] a fee [of not more than $4] for each course completion
  certificate number. A course provider that supplies a certificate
  to an operator shall collect from the operator a fee equal to the
  amount of the fee paid to the department [agency] for the
  certificate number.
         (g)  A course provider shall issue a duplicate certificate by
  United States mail or commercial delivery. The commission
  [commissioner] by rule shall determine the amount of the fee for
  issuance of a duplicate certificate under this subsection.
         SECTION 12.  Section 1001.057, Education Code, is amended to
  read as follows:
         Sec. 1001.057.  ELECTRONIC TRANSMISSION OF DRIVING SAFETY
  COURSE INFORMATION.  The department [agency] shall investigate
  options to develop and implement procedures to electronically
  transmit information relating to driving safety courses to
  municipal and justice courts.
         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.
         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]
         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.
         SECTION 16.  Section 1001.1015(a), Education Code, is
  amended to read as follows:
         (a)  The commission [commissioner] by rule shall establish
  the curriculum and designate the educational materials to be used
  in a driver education course exclusively for adults.
         SECTION 17.  Section 1001.102, Education Code, is amended to
  read as follows:
         Sec. 1001.102.  ALCOHOL AWARENESS INFORMATION.  (a)  The
  commission [agency] by rule shall require that information relating
  to alcohol awareness and the effect of alcohol on the effective
  operation of a motor vehicle be included in the curriculum of any
  driver education course or driving safety course.
         (b)  In developing rules under this section, the commission
  [agency] shall consult with the Department of Public Safety
  [department].
         SECTION 18.  Section 1001.1025, Education Code, is amended
  to read as follows:
         Sec. 1001.1025.  MOTORCYCLE AWARENESS INFORMATION. (a) The
  commission [agency] by rule shall require that information relating
  to motorcycle awareness, the dangers of failing to yield the
  right-of-way to a motorcyclist, and the need to share the road with
  motorcyclists be included in the curriculum of any driver education
  course or driving safety course.
         (b)  In developing rules under this section, the commission 
  [agency] shall consult with the Department of Public Safety 
  [department].
         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.
         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.
         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.
         SECTION 22.  Section 1001.107, Education Code, is amended to
  read as follows:
         Sec. 1001.107.  INFORMATION RELATING TO LITTER PREVENTION.  
  (a)  The commission [commissioner] by rule shall require that
  information relating to litter prevention be included in the
  curriculum of each driver education and driving safety course.
         (b)  In developing rules under this section, the commission
  [commissioner] shall consult the Department of Public Safety
  [department].
         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.
         SECTION 24.  Section 1001.110, Education Code, is amended to
  read as follows:
         Sec. 1001.110.  INFORMATION RELATING TO DRIVING
  DISTRACTIONS. (a) The commission [commissioner] by rule shall
  require that information relating to the effect of using a wireless
  communication device or engaging in other actions that may distract
  a driver on the safe or effective operation of a motor vehicle be
  included in the curriculum of each driver education course or
  driving safety course.
         (b)  In developing rules under this section, the commission 
  [commissioner] shall consult with the Department of Public Safety 
  [department].
         SECTION 25.  Section 1001.111(a), Education Code, is amended
  to read as follows:
         (a)  The commission [commissioner] by rule shall provide
  minimum standards of curriculum for and designate the educational
  materials to be used in a driving safety course designed for drivers
  younger than 25 years of age.
         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.
         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].
         SECTION 28.  Section 1001.202(b), Education Code, is amended
  to read as follows:
         (b)  A driving safety school may use multiple classroom
  locations to teach a driving safety course if each location:
               (1)  is approved by the parent school and the
  department [agency];
               (2)  has the same name as the parent school; and
               (3)  has the same ownership as the parent school.
         SECTION 29.  Sections 1001.204, 1001.205, and 1001.206,
  Education Code, are amended to read as follows:
         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].
         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 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 32.  Section 1001.210, Education Code, is amended to
  read as follows:
         Sec. 1001.210.  ALTERNATE FORM OF SECURITY. Instead of the
  bond required by Section 1001.207 or 1001.209, a driver education
  school or course provider may provide another form of security that
  is:
               (1) [(A)]  approved by the department [commissioner];
  and
               (2) [(B)]  in the amount required for a comparable bond
  under Section 1001.207 or 1001.209.
         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.
         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.
         SECTION 35.  Section 1001.214, Education Code, is amended to
  read as follows:
         Sec. 1001.214.  DUPLICATE LICENSE.  A duplicate license may
  be issued to a driver training school or course provider if:
               (1)  the original license is lost or destroyed; and
               (2)  an affidavit of that fact is filed with the
  department [agency].
         SECTION 36.  Section 1001.251, Education Code, is amended to
  read as follows:
         Sec. 1001.251.  LICENSE REQUIRED FOR INSTRUCTOR.  (a)  A
  person may not teach or provide driver education, either as an
  individual or in a driver education school, or conduct any phase of
  driver education, unless the person holds a driver education
  instructor license issued by the executive director [agency].
         (b)  A person may not teach or provide driving safety
  training, either as an individual or in a driving safety school, or
  conduct any phase of driving safety education, unless the person
  holds a driving safety instructor license issued by the executive
  director [agency]. This subsection does not apply to an instructor
  of a driving safety course that does not provide a uniform
  certificate of course completion to its graduates.
         SECTION 37.  Sections 1001.2511(b), (c), (d), (e), and (f),
  Education Code, are amended to read as follows:
         (b)  The department [agency] shall review the national
  criminal history record information of a person who holds a license
  described by Subsection (a).
         (c)  The executive director [agency] shall place a license
  described by Subsection (a) on inactive status for the license
  holder's failure to comply with a deadline for submitting
  information required under this section.
         (d)  The department [agency] may allow a person who is
  applying for a license described by Subsection (a) and who
  currently resides in another state to submit the person's
  fingerprints and other required information in a manner that does
  not impose an undue hardship on the person.
         (e)  The commission [commissioner] may adopt rules to
  administer this section, including rules establishing:
               (1)  deadlines for a person to submit fingerprints and
  photographs in compliance with this section;
               (2)  sanctions for a person's failure to comply with the
  requirements of this section, including suspension or revocation of
  or refusal to issue a license described by Subsection (a); and
               (3)  notification to a driver education school of
  relevant information obtained by the department [agency] under this
  section.
         (f)  The department [agency] is not civilly or criminally
  liable for an action taken in compliance with this section.
         SECTION 38.  Section 1001.2512, Education Code, is amended
  to read as follows:
         Sec. 1001.2512.  FEES FOR CRIMINAL HISTORY RECORD
  INFORMATION REVIEW. The commission [commissioner] by rule shall
  require a person submitting to a national criminal history record
  information review under Section 1001.2511 or the driver education
  school employing the person, as determined by the department 
  [agency], to pay a fee for the review in an amount not to exceed the
  amount of any fee imposed on an application for certification under
  Subchapter B, Chapter 21, for a national criminal history record
  information review under Section 22.0837.
         SECTION 39.  Sections 1001.2514(a), (b), and (d), Education
  Code, are amended to read as follows:
         (a)  A driver education school shall discharge or refuse to
  hire as an instructor an employee or applicant for employment if the
  department [agency] obtains information through a criminal history
  record information review that:
               (1)  the employee or applicant has been convicted of:
                     (A)  a felony offense under Title 5, Penal Code;
                     (B)  an offense on conviction of which a defendant
  is required to register as a sex offender under Chapter 62, Code of
  Criminal Procedure; or
                     (C)  an offense under the laws of another state or
  federal law that is equivalent to an offense under Paragraph (A) or
  (B); and
               (2)  at the time the offense occurred, the victim of the
  offense described by Subdivision (1) was under 18 years of age or
  was enrolled in a public school.
         (b)  The executive director [agency] shall suspend or revoke
  a license described by Section 1001.2511(a) held by a person under
  this subchapter and shall refuse to issue or renew a license
  described by Section 1001.2511(a) to a person under this subchapter
  if the person has been convicted of an offense described by
  Subsection (a) of this section.
         (d)  A driver education school may discharge an employee who
  serves as an instructor if the school obtains information of the
  employee's conviction of a felony or of a misdemeanor involving
  moral turpitude that the employee did not disclose to the school or
  the department [agency]. An employee discharged under this
  subsection is considered to have been discharged for misconduct for
  purposes of Section 207.044, Labor Code.
         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 41.  Section 1001.254(a), Education Code, is amended
  to read as follows:
         (a)  A temporary driver education instructor license may be
  issued authorizing a person to teach or provide classroom driver
  education training if the person:
               (1)  has completed the educational requirements
  prescribed by Section 1001.253(d)(1);
               (2)  holds a Texas teaching certificate with an
  effective date before February 1, 1986;
               (3)  meets all license requirements, other than
  successful completion of the examination required under rules
  adopted by the State Board for Educator Certification to revalidate
  the teaching certificate; and
               (4)  demonstrates, in a manner prescribed by the
  department [commissioner], the intention to comply with the
  examination requirement at the first available opportunity.
         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 43.  Section 1001.256, Education Code, is amended to
  read as follows:
         Sec. 1001.256.  DUPLICATE LICENSE.  A duplicate license may
  be issued to a driver education instructor or driving safety
  instructor if:
               (1)  the original license is lost or destroyed; and
               (2)  an affidavit of that fact is filed with the
  department [agency].
         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 45.  Sections 1001.304(b) and (c), Education Code,
  are amended to read as follows:
         (b)  The continuing education must be:
               (1)  in courses approved by the department 
  [commissioner]; and
               (2)  for the number of hours established by the
  commission [commissioner].
         (c)  An applicant who does not comply with Subsection (a)
  must pay a late renewal fee in the amount established by commission
  rule [of $25].
         SECTION 46.  Sections 1001.351(a) and (b), Education Code,
  are amended to read as follows:
         (a)  Not later than the 15th working day after the course
  completion date, a course provider or a person at the course
  provider's facilities shall issue and deliver by United States mail
  or commercial delivery a uniform certificate of course completion
  [by mail or commercial delivery] to a person who successfully
  completes an approved driving safety course.
         (b)  A 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
  uniform certificates of course completion issued by the course
  provider.
         SECTION 47.  Sections 1001.354(a) and (b), Education Code,
  are amended to read as follows:
         (a)  A driving safety course may be taught at a driving
  safety school if the school is approved by the department [agency].
         (b)  A driving safety school may teach an approved driving
  safety course by an alternative method that does not require
  students to be present in a classroom if the department
  [commissioner] approves the alternative method. The department
  [commissioner] may approve the alternative method if:
               (1)  the department [commissioner] determines that the
  approved driving safety course can be taught by the alternative
  method; and
               (2)  the alternative method includes testing and
  security measures that are at least as secure as the measures
  available in the usual classroom setting.
         SECTION 48.  Section 1001.3541, Education Code, is amended
  to read as follows:
         Sec. 1001.3541.  ALTERNATIVE METHOD OF INSTRUCTION FOR
  DRIVER EDUCATION COURSE. (a) A driver education school may teach
  all or part of the classroom portion of an approved driver education
  course by an alternative method of instruction that does not
  require students to be present in a classroom if the department 
  [commissioner] approves the alternative method.
         (b)  The department [commissioner] may approve the
  alternative method only if:
               (1)  the alternative method includes testing and
  security measures that the department [commissioner] determines
  are at least as secure as the measures available in the usual
  classroom setting; and
               (2)  the course, with the use of the alternative
  method, satisfies any other requirement applicable to a course in
  which the classroom portion is taught to students in the usual
  classroom setting.
         SECTION 49.  Sections 1001.404(b) and (c), Education Code,
  are amended to read as follows:
         (b)  The department [commissioner] shall establish annually
  the rate of interest for a refund at a rate sufficient to provide a
  deterrent to the retention of student money.
         (c)  The department [agency] may except a driver education
  school or course provider from the payment of interest if the school
  or course provider makes a good-faith effort to refund tuition,
  fees, and other charges but is unable to locate the student to whom
  the refund is owed. On request of the department [agency], the
  school or course provider shall document the effort to locate a
  student.
         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 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 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 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 54.  Article 45.0511(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  The judge shall require the defendant to successfully
  complete a driving safety course approved by the Texas Department
  of Licensing and Regulation [Education Agency] or a course under
  the motorcycle operator training and safety program approved by the
  designated state agency under Chapter 662, Transportation Code, if:
               (1)  the defendant elects driving safety course or
  motorcycle operator training course dismissal under this article;
               (2)  the defendant:
                     (A)  has not completed an approved driving safety
  course or motorcycle operator training course, as appropriate,
  within the 12 months preceding the date of the offense; or
                     (B)  does not have a valid Texas driver's license
  or permit, is a member, or the spouse or dependent child of a
  member, of the United States military forces serving on active
  duty, and has not completed a driving safety course or motorcycle
  operator training course, as appropriate, in another state within
  the 12 months preceding the date of the offense;
               (3)  the defendant enters a plea under Article 45.021
  in person or in writing of no contest or guilty on or before the
  answer date on the notice to appear and:
                     (A)  presents in person or by counsel to the court
  a request to take a course; or
                     (B)  sends to the court by certified mail, return
  receipt requested, postmarked on or before the answer date on the
  notice to appear, a written request to take a course;
               (4)  the defendant:
                     (A)  has a valid Texas driver's license or permit;
  or
                     (B)  is a member, or the spouse or dependent child
  of a member, of the United States military forces serving on active
  duty;
               (5)  the defendant is charged with an offense to which
  this article applies, other than speeding at a speed of:
                     (A)  95 miles per hour or more; or
                     (B)  25 miles per hour or more over the posted
  speed limit; and
               (6)  the defendant provides evidence of financial
  responsibility as required by Chapter 601, Transportation Code.
         SECTION 55.  Section 501.004(b), Transportation Code, is
  amended to read as follows:
         (b)  This chapter does not apply to:
               (1)  a trailer or semitrailer used only for the
  transportation of farm products if the products are not transported
  for hire;
               (2)  the filing or recording of a lien that is created
  only on an automobile accessory, including a tire, radio, or
  heater;
               (3)  a motor vehicle while it is owned or operated by
  the United States; or
               (4)  a new motor vehicle on loan to a political
  subdivision of the state for use only in a driver education course
  approved by the Texas Department of Licensing and Regulation
  [Central Education Agency].
         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 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 58.  Section 521.1655(a), Transportation Code, is
  amended to read as follows:
         (a)  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 administer
  to a student of that school the vision, highway sign, and traffic
  law parts of the examination required by Section 521.161.
         SECTION 59.  Section 521.167, 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. 521.167.  WAIVER OF CERTAIN EDUCATION AND EXAMINATION
  REQUIREMENTS. A person who has completed and passed a driver
  education course approved by the Texas Department of Licensing and
  Regulation [Education Agency] under Section 1001.1015, Education
  Code, is not required to take the highway sign and traffic law parts
  of the examination required under Section 521.161 if those parts
  have been successfully completed as determined by a licensed driver
  education instructor.
         SECTION 60.  Section 521.203, Transportation Code, is
  amended to read as follows:
         Sec. 521.203.  RESTRICTIONS ON CLASS A AND B LICENSES.  The
  department may not issue a Class A or Class B driver's license to a
  person who:
               (1)  is under 17 years of age;
               (2)  is under 18 years of age unless the person has
  completed a driver training course approved by the Texas Department
  of Licensing and Regulation [Central Education Agency]; or
               (3)  has not provided the department with an affidavit,
  on a form prescribed by the department, that states that no vehicle
  that the person will drive that requires a Class A or Class B
  license is a commercial motor vehicle as defined by Section
  522.003.
         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 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 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.
         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 65.  Sections 543.111 and 543.112, Transportation
  Code, are amended to read as follows:
         Sec. 543.111.  REGULATION BY CERTAIN STATE AGENCIES.  (a)  
  The Texas Commission of Licensing and Regulation [State Board of
  Education] shall enter into a memorandum of understanding with the
  Texas Department of Insurance for the interagency development of a
  curriculum for driving safety courses.
         (b)  The Texas Commission of Licensing and Regulation and
  Texas Department of Licensing and Regulation, as appropriate,
  [Education Agency] shall:
               (1)  adopt and administer comprehensive rules
  governing driving safety courses; and
               (2)  investigate options to develop and implement
  procedures to electronically transmit information pertaining to
  driving safety courses to municipal and justice courts.
         Sec. 543.112.  STANDARDS FOR UNIFORM CERTIFICATE OF COURSE
  COMPLETION.  (a)  The Texas Commission of Licensing and Regulation
  [Education Agency] by rule shall provide for the design and
  distribution of uniform certificates of course completion so as to
  prevent to the greatest extent possible the unauthorized production
  or misuse of the certificates.
         (b)  The uniform certificate of course completion must
  include an identifying number by which the Texas Department of
  Licensing and Regulation [Education Agency], the court, or the
  department may verify its authenticity with the course provider and
  must be in a form adopted by the Texas Department of Licensing and
  Regulation [Education Agency].
         (c)  The Texas Department of Licensing and Regulation
  [Education Agency] shall issue duplicate uniform certificates of
  course completion. The Texas Commission of Licensing and
  Regulation [State Board of Education] by rule shall determine the
  amount of the fee to be charged for issuance of a duplicate
  certificate.
         (d)  A driving safety course provider shall electronically
  submit data identified by the Texas Department of Licensing and
  Regulation [Education Agency] pertaining to issued uniform
  certificates of course completion to the Texas Department of
  Licensing and Regulation [agency] as directed by the Texas
  Department of Licensing and Regulation [agency].
         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.
         SECTION 67.  Section 543.114(a), Transportation Code, is
  amended to read as follows:
         (a)  A person may not distribute written information to
  advertise a provider of a driving safety course within 500 feet of a
  court having jurisdiction over an offense to which this subchapter
  applies. A violation of this section by a provider or a provider's
  agent, employee, or representative results in loss of the
  provider's status as a provider of a course approved under Chapter
  1001, Education Code [the Texas Driver and Safety Education Act
  (Article 4413(29c), Vernon's Texas Civil Statutes)].
         SECTION 68.  Section 545.412(g), Transportation Code, is
  amended to read as follows:
         (g)  A judge, acting under Article 45.0511, Code of Criminal
  Procedure, who elects to defer further proceedings and to place a
  defendant accused of a violation of this section on probation under
  that article, in lieu of requiring the defendant to complete a
  driving safety course approved by the Texas Department of Licensing
  and Regulation [Education Agency], shall require the defendant to
  attend and present proof that the defendant has successfully
  completed a specialized driving safety course approved by the Texas
  Department of Licensing and Regulation [Education Agency] under
  Chapter 1001, Education Code, [the Texas Driver and Traffic Safety
  Education Act (Article 4413(29c), Vernon's Texas Civil Statutes)]
  that includes four hours of instruction that encourages the use of
  child passenger safety seat systems and the wearing of seat belts
  and emphasizes:
               (1)  the effectiveness of child passenger safety seat
  systems and seat belts in reducing the harm to children being
  transported in motor vehicles; and
               (2)  the requirements of this section and the penalty
  for noncompliance.
         SECTION 69.  Section 545.413(i), Transportation Code, is
  amended to read as follows:
         (i)  A judge, acting under Article 45.0511, Code of Criminal
  Procedure, who elects to defer further proceedings and to place a
  defendant accused of a violation of Subsection (b) on probation
  under that article, in lieu of requiring the defendant to complete a
  driving safety course approved by the Texas Department of Licensing
  and Regulation [Education Agency], shall require the defendant to
  attend and present proof that the defendant has successfully
  completed a specialized driving safety course approved by the Texas
  Department of Licensing and Regulation [Education Agency] under
  Chapter 1001, Education Code, [the Texas Driver and Traffic Safety
  Education Act (Article 4413(29c), Vernon's Texas Civil Statutes)]
  that includes four hours of instruction that encourages the use of
  child passenger safety seat systems and the wearing of seat belts
  and emphasizes:
               (1)  the effectiveness of child passenger safety seat
  systems and seat belts in reducing the harm to children being
  transported in motor vehicles; and
               (2)  the requirements of this section and the penalty
  for noncompliance.
         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.
         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.
         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;
               (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.
         SECTION 73.  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.
         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.
         SECTION 75.  This Act takes effect September 1, 2015.