85R11408 JXC-D
 
  By: Dutton H.B. No. 3140
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the accommodation of a deaf or hard of hearing student
  in driver education; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 1001, Education Code, is
  amended by adding Section 1001.059 to read as follows:
         Sec. 1001.059.  DEPARTMENT DRIVER EDUCATION COURSE FOR DEAF
  OR HARD OF HEARING STUDENTS.  (a)  The department shall:
               (1)  create, in cooperation with another state agency
  if necessary, a driver education course for minors and adults that
  presents the course curriculum in American Sign Language; and
               (2)  make the course described by Subdivision (1)
  available on the department's Internet website.
         (b)  The commission by rule shall establish a fee for the
  course.  The fee established under this section:
               (1)  is in addition to a fee charged for a certificate
  for the course; and
               (2)  must be in an amount that is:
                     (A)  sufficient to cover the cost of creating and
  administering the course; and
                     (B)  not more than the average cost of an online
  driver education course provided in this state, as determined by
  the commission.
         SECTION 2.  Subchapter C, Chapter 1001, Education Code, is
  amended by adding Section 1001.1016 to read as follows:
         Sec. 1001.1016.  ACCOMMODATION FOR DEAF OR HARD OF HEARING
  STUDENTS. (a) In this section:
               (1)  "Deaf" means a hearing loss of such severity that
  an individual must depend on visual methods to communicate.
               (2)  "Hard of hearing" means a loss of hearing function
  to an individual such that the individual:
                     (A)  relies on residual hearing; and
                     (B)  may depend on visual methods to communicate.
         (b)  The commission by rule shall require a driver education
  school providing a driver education course to:
               (1)  in the manner described by the Americans with
  Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), make
  reasonable modifications and provide aids and services that are
  necessary to ensure that a student who is deaf or hard of hearing
  may fully participate in the course; and
               (2)  provide to the department the school's plan for
  complying with the rules adopted under this section as a condition
  of obtaining a license under Section 1001.211 or renewing a license
  under Section 1001.303.
         SECTION 3.  This Act takes effect September 1, 2017.