87R6228 JAM-D
 
  By: White H.B. No. 2286
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the waiver of fees and costs associated with driver
  education and safety courses and driver's license examinations for
  foster children or youth, former foster children or youth, and
  youth experiencing homelessness.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 1001, Education Code, is
  amended by adding Section 1001.152 to read as follows:
         Sec. 1001.152.  WAIVER OF FEES FOR CERTAIN STUDENTS. (a) A
  course provider may not charge a student who is eligible for a fee
  exemption under Section 521.168, Transportation Code, fees and
  costs associated with a course approved under this chapter unless
  reimbursement of the fee or cost is prohibited under Section
  521.4265(c), Transportation Code. Fees and costs subject to this
  section include:
               (1)  fees for a driver education certificate or
  certificate number;
               (2)  classroom or behind-the-wheel tuition;
               (3)  fees for instructional supplies or books; and
               (4)  laboratory fees, service charges, rental fees, and
  deposits.
         (b)  The department may not charge a fee for a driver
  education certificate or certificate number for a parent-taught
  driver education course for a student who is eligible for a fee
  exemption under Section 521.168, Transportation Code, unless
  reimbursement of the fee is prohibited under Section 521.4265(c),
  Transportation Code.
         SECTION 2.  Section 1001.355, Education Code, is amended to
  read as follows:
         Sec. 1001.355.  WITHHOLDING CERTAIN RECORDS. (a) A driver
  training school may withhold a student's diploma or certificate of
  completion until the student fulfills the student's financial
  obligation to the school.
         (b)  This section does not apply to a student entitled to a
  fee exemption under Section 1001.152, regardless of whether the
  driver training school is reimbursed for the student's financial
  obligation under Section 521.4265, Transportation Code.
         SECTION 3.  Subchapter H, Chapter 521, Transportation Code,
  is amended by adding Section 521.168 to read as follows:
         Sec. 521.168.  WAIVER OF FEES FOR CERTAIN FOSTER AND
  HOMELESS CHILDREN AND YOUTHS. Unless reimbursement or payment of
  the fee is prohibited under Section 521.4265(c), fees associated
  with meeting a requirement imposed under this subchapter shall be
  waived for a person who is:
               (1)  eligible for a driver's license fee exemption
  under Section 521.1811; or
               (2)  younger than 26 years of age and:
                     (A)  was in the managing conservatorship of the
  Department of Family and Protective Services on the day before the
  person's 18th birthday; 
                     (B)  resided in a foster care placement, the cost
  of which was paid by the Department of Family and Protective
  Services; or
                     (C)  is a homeless child or youth as defined by 42
  U.S.C. Section 11434a.
         SECTION 4.  Section 521.4265, Transportation Code, is
  amended by amending Subsections (b) and (c) and adding Subsection
  (d) to read as follows:
         (b)  From the money in the identification fee exemption
  account the department shall:
               (1)  make reimbursements for:
                     (A)  fees waived by course providers and the Texas
  Department of Licensing and Regulation under Section 1001.152,
  Education Code; and
                     (B)  fees waived under Section 521.168 of this
  code by entities other than the department;
               (2)  pay the department's costs associated with
  providing waivers under Section 521.168 of this code; and
               (3)  for [For] each exemption granted under Section
  521.1015 or 521.1811, [the department shall] deposit to the credit
  of the Texas mobility fund an amount [from the identification fee
  exemption account under Subsection (a)] that is equal to the amount
  of the waived fee that would otherwise be deposited to the mobility
  fund.
         (c)  The department may not:
               (1)  make a reimbursement under Subsection (b)(1) or
  pay a cost under Subsection (b)(2) if the balance of the account for
  the fiscal year is less than three times the amount expended in the
  previous fiscal year for the waivers provided by Sections
  521.1015(e) and 521.1811; or
               (2)  grant an exemption under Section 521.1015 or
  521.1811 if money is not available in the identification fee
  exemption account to meet the requirements of Subsection (b)(3) 
  [(b)].
         (d)  The department by rule shall establish a process by
  which reimbursement is made under Subsection (b).
         SECTION 5.  This Act takes effect September 1, 2021.