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|
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A BILL TO BE ENTITLED
|
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AN ACT
|
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relating to the transfer of driver and traffic safety education |
|
from the Texas Education Agency to the Texas Department of |
|
Licensing and Regulation; changing the amounts of certain fees. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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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, 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. |
|
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. |
|
SECTION 9. 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 10. 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 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. |
|
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. |
|
SECTION 13. 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 14. 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 15. 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 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. |
|
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. |
|
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. |
|
SECTION 19. 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 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. |
|
SECTION 21. 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 22. 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 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. |
|
SECTION 24. 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 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 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 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 28. 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 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 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. |
|
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 32. 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 33. 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 34. 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 35. 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 36. 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 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]. |
|
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 39. 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 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 41. 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 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. |
|
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 1001.304(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 45. 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 46. 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 47. 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 48. 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 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 1001.453(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. 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 1001.456, 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. |
|
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. |
|
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]. |
|
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.] |
|
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 57. 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 58. 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 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 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 61. 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 62. 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 63. 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 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 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]. |
|
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 67. 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 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. |
|
SECTION 69. 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 70. 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 71. 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 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. |
|
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. |
|
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. |
|
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. |
|
SECTION 76. This Act takes effect September 1, 2015. |