BILL ANALYSIS

 

 

Senate Research Center

H.B. 3337

85R22407 AAF-D

By: Bonnen, Dennis (Taylor, Larry)

 

Transportation

 

5/19/2017

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The Texas Education Code authorizes a parent, stepparent, foster parent, legal guardian, grandparent, or step-grandparent to conduct a driver education course under the Parent Taught Driver Education program for a student driver who is required to complete a driver education course to obtain a Class C license. Interested parties assert that current law does not adequately account for situations where a parent or both parents may have a disability.

 

H.B. 3337 expands the Parent Taught Driver Education program to enable a parent with a disability to designate a person 25 years of age or older to conduct a driver education course. The bill maintains all of the current requirements regarding the necessity for the instructor to hold a valid and clean license for the preceding three years and the definition of disability that is used in the bill is the one currently utilized by the Texas Department of Licensing and Regulation (TDLR), which oversees the Parent Taught Driver Education program.

 

H.B. 3337 amends current law relating to the eligibility of certain persons to teach a driver education course.

 

RULEMAKING AUTHORITY

 

Rulemaking authority previously granted to the Texas Commission of Licensing and Regulation is modified in SECTION 1 (Section 1001.112, Education Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 1001.112(a), Education Code, the substance of which was transferred from Section 521.205(a), Transportation Code, by Chapter 1044 (H.B. 1786), Acts of the 84th Legislature, Regular Session, 2015, to conform to Chapter 567 (H.B. 2708), Acts of the 84th Legislature, Regular Session, 2015, and further amended, as follows:

 

(a) Requires the Texas Commission of Licensing and Regulation by rule to provide for approval of a driver education course conducted by a person designated under Subsection (a-1) or 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. Requires that the rules 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) makes no change to this subdivision;

 

(2) has not been convicted of:

 

(A) makes no change to this paragraph; or

 

(B) driving while intoxicated; and

 

(3) deletes existing text of Subdivision (3) requiring that the person conducting the course is not disabled because of mental illness and redesignates existing Subdivision (4) as Subdivision (3).

 

SECTION 2. Amends Section 1001.112, Education Code, by adding Subsection (a-1), as follows:

 

(a-1) Authorizes the parent of a person who is required to complete a driver education course to obtain a Class C license to designate a person 25 years of age or older to conduct a driver education course under Subsection (a) if the parent has a disability. Defines "disability."

 

SECTION 3. (a) Repealer: Section 521.1655 (a-1) (relating to authorizing a driver education course provider to administer to a student of that course the highway sign and traffic law parts of the examination required), Transportation Code.

 

(b) Repealer: Section 521.205(a) (relating to requiring the Texas Department of Motor Vehicles to provide approval of a driver education course conducted by certain persons), Transportation Code, as amended by Chapter 567 (H.B. 2708), Acts of the 84th Legislature, Regular Session, 2015.

 

SECTION 4. Effective date: September 1, 2017.