|
SENATE ENGROSSED
|
HOUSE COMMITTEE
SUBSTITUTE
|
|
No
equivalent provision.
|
SECTION 1. Sections
1001.055(a), (a-1), and (a-2), Education Code, are amended to read as
follows:
(a) The department 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 approved
parent-taught course provider to [print and] issue
department-approved driver education certificates to certify completion of
an approved driver education course and satisfy the requirements of
Sections 521.204(a)(2), Transportation Code, 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 course
provider approved under this chapter must:
(1) be in a form required by
the department; and
(2) include an identifying
certificate number provided by the department that may be used to verify
the authenticity of the certificate with the driver education school or
approved parent-taught course provider.
(a-2) A driver education
school or parent-taught course provider approved under this chapter that
purchases driver education certificate numbers shall issue [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 course provider shall
electronically submit to the department in the manner established by the
department data identified by the department relating to issuance of
department-approved driver education certificates with the certificate
numbers.
|
|
No
equivalent provision.
|
SECTION 2. Sections
1001.056(b), (c-1), and (g), Education Code, are amended to read as
follows:
(b) The department shall
provide each licensed course provider with course completion certificate
numbers to enable the provider to [print and] issue
department-approved uniform certificates of course completion.
(c-1) A course provider
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.
(g) A course provider shall
issue a duplicate certificate by United States mail or commercial or
electronic delivery. The commission by rule shall determine the amount
of the fee for issuance of a duplicate certificate under this subsection.
|
|
SECTION 1. Section
1001.112(a), Education Code, is amended to read as follows:
(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 within seven years of the
date on which the person requests approval to conduct a driver education
course under this section; and
(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.
|
SECTION 3. Section 1001.112,
Education Code, is amended by amending Subsection (a) and adding
Subsections (a-1) and (e) to read as follows:
(a) The commission by rule
shall provide for approval of a driver education course conducted by the following persons with the noted
relationship to [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:
(1) a parent, stepparent,
foster parent, legal guardian, grandparent, or step-grandparent; or
(2) an individual who:
(A) has been designated by a parent, a legal guardian, or a
judge of a court with jurisdiction over the person on a form prescribed by
the department;
(B) is at least 25 years of age or older;
(C) does not charge a fee for conducting the course;
(D) has at least seven years of driving experience; and
(E) otherwise qualifies to conduct a course under Subsection (a-1).
(a-1) 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 in the past seven years;
and
(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.
(e) The department may not charge a fee for the submission of
proof of completion of the course or passage of an examination under
Subsection (c).
|
|
No
equivalent provision.
|
SECTION 4. 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[;
[(2) has the same name as
the parent school; and
[(3) has the same
ownership as the parent school].
|
|
No
equivalent provision.
|
SECTION 5. Section
1001.204(b), Education Code, is amended to read as follows:
(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 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 instructors 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, telephone number, and Internet website address for the
purpose of directing complaints to the department;
(5) maintains adequate
records as prescribed by the department 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 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;
(10) [(11)]
does not use erroneous or misleading advertising, either by actual
statement, omission, or intimation, as determined by the department;
(11) [(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;
(12) [(13)]
submits to the department for approval the applicable course hour lengths
and curriculum content for each course offered by the school;
(13) [(14)]
does not owe an administrative penalty for a violation of this chapter; and
(14) [(15)]
meets any additional criteria required by the department.
|
|
No
equivalent provision.
|
SECTION 6. Section
1001.205(b), Education Code, is amended to read as follows:
(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, the department
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 who have
adequate educational qualifications and experience;
(4) maintains adequate
records as prescribed by the department 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 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;
(7) [(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;
(8) [(9)]
maintains and uses the approved contract and policies developed by the
course provider;
(9) [(10)]
does not owe an administrative penalty for a violation of this chapter;
(10) [(11)]
will not provide a driving safety course to a person for less than $25; and
(11) [(12)]
meets additional criteria required by the department.
|
|
No
equivalent provision.
|
SECTION 7. Section
1001.206(b), Education Code, is amended to read as follows:
(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 the department 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, telephone number, and
Internet website address for the purpose of directing complaints to the
department;
(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 person successfully completes the course, the
course provider will issue and deliver to the person by United States mail
or commercial or electronic delivery a uniform certificate of course
completion indicating the course name and successful completion;
(6) the course provider
maintains adequate records as prescribed by the department 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;
(10) [(11)]
the course provider does not use erroneous or misleading advertising,
either by actual statement, omission, or intimation, as determined by the
department;
(11) [(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;
(12) [(13)]
the course provider does not owe an administrative penalty for a violation
of this chapter; and
(13) [(14)]
the course provider meets additional criteria required by the department.
|
|
SECTION 2. Section
1001.209(a), Education Code, is amended to read as follows:
(a) Before a course provider may be issued a license, the course provider must
provide a corporate surety bond in the amount of $10,000 [$25,000].
|
SECTION 8. Section
1001.209(a), Education Code, is amended to read as follows:
(a) Before a license [course provider] may be issued to a course provider [a license], the course
provider must provide a corporate surety bond in the amount of $10,000
[$25,000].
|
|
SECTION 3. Section
1001.304(a), Education Code, is amended.
|
SECTION 9. Same as engrossed
version.
|
|
No
equivalent provision.
|
SECTION 10. Section
1001.351(a), Education Code, is 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 or electronic delivery a uniform
certificate of course completion to a person who successfully completes an
approved driving safety course.
|
|
SECTION 4. Section
521.205(a), Transportation Code, as amended by Chapter 567 (H.B. 2708),
Acts of the 84th Legislature, Regular Session, 2015, is repealed to conform to the repeal of Section 521.205,
Transportation Code, by Chapter 1044 (H.B. 1786), Acts of the 84th
Legislature, Regular Session, 2015.
|
SECTION 11. Section
521.205(a), Transportation Code, as amended by Chapter 567 (H.B. 2708),
Acts of the 84th Legislature, Regular Session, 2015, is repealed.
|
|
SECTION 5. This Act takes
effect September 1, 2017.
|
SECTION 12. This Act takes
effect immediately if it receives a vote
of two-thirds of all the members elected to each house, as provided by
Section 39, Article III, Texas Constitution. If this Act does not receive
the vote necessary for immediate effect, this Act takes effect
September 1, 2017.
|
|