Bill Text: TX HB1786 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to the transfer of driver and traffic safety education from the Texas Education Agency and the Department of Public Safety to the Texas Department of Licensing and Regulation; changing the amounts of certain fees.

Spectrum: Bipartisan Bill

Status: (Passed) 2015-06-19 - Effective on 9/1/15 [HB1786 Detail]

Download: Texas-2015-HB1786-Enrolled.html

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H.B. No. 1786

AN ACT
relating to the transfer of driver and traffic safety education
from the Texas Education Agency and the Department of Public Safety
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:
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, and 1001.053,
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) inspect [visit] a driver training school or course
provider and reinspect [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.
SECTION 8. The heading to Section 1001.054, Education Code,
is amended to read as follows:
Sec. 1001.054. RULES RESTRICTING ADVERTISING [OR
COMPETITIVE BIDDING].
SECTION 9. Section 1001.054(c), Education Code, is amended
to read as follows:
(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 10. 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 under this chapter 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),
Transportation Code, [and] 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 [Department of Public Safety approved]
course provider approved under this chapter 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
approved parent-taught [Department of Public Safety approved]
course provider.
(a-2) A driver education school or parent-taught
[Department of Public Safety approved] course provider approved
under this chapter 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 approved
parent-taught [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 11. 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 12. 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 13. Subchapter B, Chapter 1001, Education Code, is
amended by adding Section 1001.058 to read as follows:
Sec. 1001.058. ADVISORY COMMITTEE. (a) The commission
shall establish an advisory committee to advise the commission and
department on rules and educational and technical matters relevant
to the administration of this chapter.
(b) The advisory committee consists of eleven 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
that offers a traditional classroom course and in-car training;
(2) one member representing a driver education school
that offers a traditional classroom course, alternative methods of
instruction, or in-car training;
(3) one member representing a driving safety school
offering a traditional classroom course or providing an alternative
method of instruction;
(4) one member representing a driving safety course
provider approved for a traditional classroom course and for an
alternative method of instruction;
(5) one member representing a driving safety course
provider approved for a traditional classroom course or for an
alternative method of instruction;
(6) one licensed instructor;
(7) one representative of the Department of Public
Safety;
(8) one member representing a drug and alcohol driving
awareness program course provider;
(9) one member representing a parent-taught course
provider; and
(10) two members representing the public.
(c) The presiding officer of the commission shall appoint
the presiding officer of the advisory committee. The presiding
officer of the advisory committee may vote on any matter before the
advisory committee.
(d) A member may not serve two consecutive full terms.
(e) If a vacancy occurs during a term, the presiding officer
of the commission, with the approval of the commission, shall
appoint a replacement who meets the qualifications of the vacated
position to serve for the remainder of the term.
(f) A member of the advisory committee may be removed from
the advisory committee as provided by Section 51.209, Occupations
Code.
(g) Members of the advisory committee may not receive
compensation but are entitled to reimbursement for actual and
necessary expenses incurred in performing the functions of the
advisory committee, subject to the General Appropriations Act.
(h) The committee shall meet at the call of the presiding
officer of the commission.
(i) Chapter 2110, Government Code, does not apply to the
advisory committee.
SECTION 14. The heading to Subchapter C, Chapter 1001,
Education Code, is amended to read as follows:
SUBCHAPTER C. OPERATION OF DRIVER EDUCATION SCHOOL [CURRICULUM]
SECTION 15. Sections 1001.101(a) and (b), Education Code,
are amended to read as follows:
(a) The commission [commissioner] by rule shall establish
or approve the curriculum and designate the educational materials
[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 this chapter [Section 521.205, Transportation Code].
(b) A driver education course must require the student to
complete:
(1) 7 hours of behind-the-wheel instruction in the
presence of a person who holds a driver education instructor
license or who meets the requirements for a driver education course
conducted by a parent or other individual under Section 1001.112
[imposed under Section 521.205, Transportation Code];
(2) 7 hours of observation instruction in the presence
of a person who holds a driver education instructor license or who
meets the requirements for a driver education course conducted by a
parent or other individual under Section 1001.112 [imposed under
Section 521.205, Transportation Code]; and
(3) 30 hours of behind-the-wheel instruction,
including at least 10 hours of instruction that takes place at
night, in the presence of an adult who meets the requirements of
Section 521.222(d)(2), Transportation Code.
SECTION 16. 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 17. 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 18. 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 19. Sections 1001.103(b), (d), and (e), Education
Code, are amended to conform to S.B. 219, Acts of the 84th
Legislature, Regular Session, 2015, and further 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) The department [In accordance with Section 461.013(b),
Health and Safety Code, the 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 20. 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 state agency responsible for administering
the vocational rehabilitation program [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 developed through
interagency cooperation between [adopted by mutual agreement
among] the commission [agency], the state agency responsible for
administering the vocational rehabilitation program [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 21. 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, and Section
51.353, Occupations Code, [Sections 1001.454, 1001.456, and
1001.553] 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 22. 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 23. 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 and] the [Texas]
Department of State Health Services.
SECTION 24. 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 25. 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 26. Subchapter C, Chapter 1001, Education Code, is
amended by adding Section 1001.112 to read as follows:
Sec. 1001.112. PARENT-TAUGHT DRIVER EDUCATION. (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;
(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.
(b) The department may approve a course described by
Subsection (a) if the department determines that the course
materials are at least equal to those required in a course approved
by the department, and 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.
(c) The rules must provide a method by which:
(1) approval of a course is obtained;
(2) an applicant submits proof of completion of the
course;
(3) approval for delivering course materials by an
alternative method, including electronic means, is obtained;
(4) a provider of a course approved under this section
may administer to an applicant the highway sign and traffic law
parts of the examination as provided by Section 521.1655(a-1),
Transportation Code, through electronic means; and
(5) an applicant submits proof of passage of an
examination administered under Subdivision (4).
(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 department.
SECTION 27. Section 1001.151, Education Code, is 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 executive director [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 executive director [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 initial [(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 initial [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 commissioner considers appropriate, not to exceed the
amount sufficient to cover the costs of considering the
application].
SECTION 28. 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 29. Sections 1001.204, 1001.205, and 1001.206,
Education Code, are amended to read as follows:
Sec. 1001.204. REQUIREMENTS FOR DRIVER EDUCATION SCHOOL
LICENSE. (a) The commission by rule [commissioner] shall establish
the criteria [approve an application] for a driver education school
license.
(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 [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. (a) The commission by rule [commissioner] shall establish
the criteria [approve an application] for a driving safety school
license.
(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, [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.
(a) The commission by rule [commissioner] shall establish criteria
[approve an application] for a course provider license.
(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 [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 30. 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 department [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 31. 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 department [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 or the commission
[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 32. 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 33. 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; and
(4) [the 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 34. Sections 1001.213(c) and (d), Education Code,
are amended to read as follows:
(c) The commission by rule may establish [Instead of the]
fees [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 may inspect [commissioner is not
required to reinspect] a school or a branch location after a change
of ownership.
SECTION 35. 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 36. 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 37. 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 38. 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 39. 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 40. Section 1001.253, Education Code, is amended by
amending Subsections (a), (b), (c), (d), (e), and (f) and adding
Subsection (h) 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.
(h) The classroom portion of the instructor development
program for driver education instructors may be conducted online.
SECTION 41. 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 42. 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 executive director [commissioner] may waive initial
or renewal driver education school license fees [or the fee for a
director or administrative staff member].
SECTION 43. 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 44. Sections 1001.303(c) and (d), Education Code,
are amended to read as follows:
(c) The department [commissioner] may inspect [reexamine] a
driver education school's premises.
(d) The department [commissioner] shall renew or cancel the
driver education school, driving safety school, or course provider
license.
SECTION 45. 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 46. 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 47. 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 48. 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 49. 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 50. 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 that is false, misleading, or
deceptive [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 15th [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 51. Sections 1001.453(b), (d), and (e), Education
Code, are amended to read as follows:
(b) The department may revoke the license of a [A] course
provider [loses its course provider status] if the course provider
or the course provider's agent, employee, or representative
violates this section.
(d) Subchapter F, Chapter 51, Occupations Code, and Section
51.353, Occupations Code, [Sections 1001.454, 1001.456(a), and
1001.553] 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 52. Section 1001.455(a), Education Code, is amended
to read as follows:
(a) The executive director or the commission [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 misrepresentation,
fraud, or deceit in applying for or obtaining a certificate,
license, or permit [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.
SECTION 53. Section 1001.555(b), Education Code, is amended
to read as follows:
(b) The department may [agency shall] contract with the
Department of Public Safety [department] to provide undercover and
investigative assistance in the enforcement of Subsection (a).
SECTION 54. 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 55. 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
conducted [approved] by an entity exempt from licensure under
Section 1001.002, Education Code [the Central Education Agency].
SECTION 56. 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
conducted [approved] by an entity exempt from licensure under
Section 1001.002 [the Texas 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 Chapter
1001, Education Code [Section 1001.101 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 57. 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
conducted [approved] by an entity exempt from licensure under
Section 1001.002 [the Texas 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 Chapter
1001, Education Code [Section 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 58. 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 59. 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 60. 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 61. 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 62. Sections 521.206(b) and (c), Transportation
Code, are amended to read as follows:
(b) The department shall collect data regarding the
collision rate of students taught by course instructors approved
under Section 1001.112, Education Code [Section 521.205]. The
collision rate is computed by determining the number of students
who completed a course approved under Section 1001.112, Education
Code, [Section 521.205] during a state fiscal year, dividing that
number by the number of collisions that involved students who
completed such a course and that occurred in the 12-month period
following their licensure, and expressing the quotient as a
percentage.
(c) Not later than October 1 of each year, the department
shall issue a publication listing the collision rate for students
taught by each driver education entity and the collision rate for
students taught by a course instructor approved under Section
1001.112, Education Code [Section 521.205], noting the severity of
collisions involving students of each entity and each type of
course.
SECTION 63. Sections 521.222(a) and (c), Transportation
Code, are amended to read as follows:
(a) The department [or a driver education school licensed
under the Texas Driver and Traffic Safety Education Act (Article
4413(29c), Vernon's Texas Civil Statutes)] may issue a learner
license [an instruction permit], including a Class A or Class B
driver's learner 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 1001.112, Education Code
[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) The department [A driver education school] may issue a
learner license [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 64. Section 521.223(b), Transportation Code, is
amended to read as follows:
(b) An applicant for a license under Subsection (a) must be
15 years of age or older and must:
(1) have passed a driver education course approved by
the department, which may be a course approved under Chapter 1001,
Education Code [Section 521.205]; and
(2) pass the examination required by Section 521.161.
SECTION 65. 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 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 by persons who are licensed providers of
courses approved under Chapter 1001, Education Code.
(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 66. 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 issue course completion certificate
numbers [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 67. 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 68. 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 69. 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 70. (a) The following provisions of the Education
Code are repealed:
(1) Section 1001.001(1);
(2) Sections 1001.054(a) and (b);
(3) Sections 1001.152 and 1001.153;
(4) Section 1001.203;
(5) Section 1001.212;
(6) Section 1001.252;
(7) Section 1001.257;
(8) Sections 1001.303(a) and (b);
(9) Section 1001.454;
(10) Section 1001.455(b);
(11) Sections 1001.456, 1001.457, 1001.458, and
1001.459;
(12) Sections 1001.460 and 1001.461;
(13) Sections 1001.501, 1001.502, and 1001.503; and
(14) Sections 1001.551, 1001.552, and 1001.553.
(b) Section 521.167, Transportation Code, as added by
Chapter 1413 (S.B. 1317), Acts of the 81st Legislature, Regular
Session, 2009, and Section 521.205, Transportation Code, are
repealed.
SECTION 71. The change in law made by this Act 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 72. (a) In this section, "former governing bodies"
means the Texas Education Agency and the Department of Public
Safety, relating to the oversight of Chapter 1001, Education Code,
and Section 521.205, Transportation Code, respectively.
(b) On September 1, 2015:
(1) all functions and activities relating to Chapter
1001, Education Code, performed by the former governing bodies
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 former governing bodies relating to Chapter
1001, Education Code, or Section 521.205, Transportation 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 complaint, investigation, or other proceeding
before the former governing bodies that is related to Chapter 1001,
Education Code, or Section 521.205, Transportation 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 former governing bodies in an action or
proceeding to which one of the former governing bodies is a party;
(4) all money, contracts, leases, property, and
obligations of the former governing bodies relating to Chapter
1001, Education Code, or Section 521.205, Transportation Code, are
transferred to the Texas Department of Licensing and Regulation;
(5) all property in the custody of the former
governing bodies related to Chapter 1001, Education Code, or
Section 521.205, Transportation Code, is transferred to the Texas
Department of Licensing and Regulation; and
(6) the unexpended and unobligated balance of any
money appropriated by the legislature for the former governing
bodies related to Chapter 1001, Education Code, or Section 521.205,
Transportation Code, is transferred to the Texas Department of
Licensing and Regulation.
(c) As soon as practicable after the effective date of this
Act, 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.
(d) Unless the context indicates otherwise, a reference to
the former governing bodies in a law or administrative rule that
relates to Chapter 1001, Education Code, or Section 521.205,
Transportation Code, means the Texas Commission of Licensing and
Regulation or the Texas Department of Licensing and Regulation, as
applicable.
(e) A license, permit, certification, or registration
issued by the former governing bodies is continued in effect as a
license, permit, certification, or registration of the Texas
Department of Licensing and Regulation.
(f) On September 1, 2015, all full-time equivalent employee
positions at the former governing bodies and Education Service
Center Region 13 that primarily concern the administration,
enforcement, or other direct or indirect support of Chapter 1001,
Education Code, or Section 521.205, Transportation Code, become
positions at the Texas Department of Licensing and Regulation.
When filling the positions, the Texas Department of Licensing and
Regulation shall give first consideration to an applicant who, as
of August 31, 2015, was an employee at the former governing bodies
or Education Service Center Region 13 primarily involved in
administering or enforcing Chapter 1001, Education Code, or Section
521.205, Transportation Code.
(g) As soon as practicable after the effective date of this
Act, the presiding officer of the Texas Commission of Licensing and
Regulation, with the commission's approval, shall make the initial
appointments to the advisory committee under Section 1001.058,
Education Code, as added by this Act.
SECTION 73. 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 74. To the extent of any conflict, this Act prevails
over another Act of the 84th Legislature, Regular Session, 2015,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 75. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1786 was passed by the House on April
30, 2015, by the following vote: Yeas 134, Nays 1, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1786 on May 27, 2015, by the following vote: Yeas 142, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1786 was passed by the Senate, with
amendments, on May 25, 2015, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor