Bill Text: TX SB1272 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the transfer of the motorcycle and off-highway vehicle operator training programs to the Texas Department of Licensing and Regulation; authorizing fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-07 - Referred to Transportation [SB1272 Detail]
Download: Texas-2019-SB1272-Introduced.html
86R3021 JCG-D | ||
By: Watson | S.B. No. 1272 |
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relating to the transfer of the motorcycle and off-highway vehicle | ||
operator training programs to the Texas Department of Licensing and | ||
Regulation; authorizing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 662, Transportation Code, is amended by | ||
adding Section 662.0005 to read as follows: | ||
Sec. 662.0005. DEFINITIONS. In this chapter: | ||
(1) "Commission" means the Texas Commission of | ||
Licensing and Regulation. | ||
(2) "Department" means the Texas Department of | ||
Licensing and Regulation. | ||
(3) "Instructor" means an individual who holds a | ||
license issued under this chapter that entitles the individual to | ||
provide instruction on motorcycle operation and safety as an | ||
employee of a motorcycle school. | ||
(4) "Motorcycle school" means a person who holds a | ||
license issued under this chapter that entitles the person to offer | ||
and conduct courses on motorcycle operation and safety for | ||
consideration as part of the motorcycle operator training and | ||
safety program. | ||
SECTION 2. Section 662.001, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 662.001. ADMINISTRATION OF PROGRAM [ |
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safety program and enforce the laws governing the program. | ||
SECTION 3. The heading to Section 662.002, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 662.002. PURPOSE OF PROGRAM[ |
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SECTION 4. Section 662.003, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 662.003. PROGRAM DIRECTOR. The department [ |
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certified as a chief instructor by the Motorcycle Safety | ||
Foundation. | ||
SECTION 5. Chapter 662, Transportation Code, is amended by | ||
adding Sections 662.0033, 662.0035, and 662.0037 to read as | ||
follows: | ||
Sec. 662.0033. MINIMUM CURRICULUM STANDARDS. (a) The | ||
commission by rule shall establish minimum curriculum standards for | ||
courses provided under the motorcycle operator training and safety | ||
program. | ||
(b) The department shall approve all courses that meet the | ||
curriculum standards established under Subsection (a). | ||
(c) In establishing the minimum curriculum standards for | ||
entry-level courses, the commission shall consider the standards | ||
for motorcycle operator training and safety courses adopted by the | ||
National Highway Traffic Safety Administration. | ||
Sec. 662.0035. FEES. (a) The commission may set fees in | ||
amounts reasonable and necessary to cover the costs of | ||
administering this chapter. | ||
(b) The renewal fee for a motorcycle school license may not | ||
exceed $100. | ||
(c) The renewal fee for an instructor license may not exceed | ||
$50. | ||
Sec. 662.0037. MOTORCYCLE SAFETY ADVISORY BOARD. (a) The | ||
commission shall establish an advisory board to advise the | ||
department on matters related to the motorcycle operator training | ||
and safety program established under this chapter. | ||
(b) The advisory board must consist of nine members | ||
appointed by the presiding officer of the commission, on approval | ||
of the commission, as follows: | ||
(1) three members: | ||
(A) each of whom must be a licensed instructor or | ||
represent a licensed motorcycle school; and | ||
(B) who must collectively represent the | ||
diversity in size and type of the motorcycle schools licensed under | ||
this chapter; | ||
(2) one member who represents the motorcycle dealer | ||
retail industry; | ||
(3) one representative of a law enforcement agency; | ||
(4) one representative of the Texas A&M Transportation | ||
Institute; | ||
(5) one representative of the Texas A&M Engineering | ||
Extension Service; and | ||
(6) two public members who hold a valid Class M | ||
driver's license issued under Chapter 521. | ||
(c) The advisory board members serve staggered six-year | ||
terms. | ||
(d) Chapter 2110, Government Code, does not apply to the | ||
advisory board. | ||
(e) The department may call a joint meeting of the advisory | ||
board and the advisory committee established under Section | ||
1001.058, Education Code, for the committees to collaborate on | ||
matters determined by the department. | ||
SECTION 6. Section 662.005, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 662.005. CONTRACTS. (a) The department [ |
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for the school [ |
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(1) offer and conduct motorcycle operator training and | ||
safety courses under the [ |
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(2) research motorcycle safety in this state. | ||
(b) The department may only execute a contract under this | ||
section after consulting with the motorcycle safety advisory board | ||
regarding the contract. | ||
SECTION 7. Section 662.006(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) A person may not offer or conduct training in motorcycle | ||
operation for consideration unless the person: | ||
(1) is licensed as a motorcycle school under this | ||
chapter; | ||
(2) offers and conducts training in accordance with a | ||
motorcycle operator training curriculum approved by the | ||
department; and | ||
(3) employs an instructor licensed under this chapter | ||
to conduct the training [ |
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SECTION 8. Chapter 662, Transportation Code, is amended by | ||
adding Sections 662.0062, 662.0064, 662.0066, and 662.0068 to read | ||
as follows: | ||
Sec. 662.0062. ELIGIBILITY; APPLICATION. (a) To be eligible | ||
for an instructor license, an applicant must: | ||
(1) have completed a commission-approved training | ||
program on motorcycle operator training and safety instruction | ||
administered by the Texas A&M Engineering Extension Service; | ||
(2) have held for the two years preceding the date of | ||
submitting the application a valid driver's license that entitles | ||
the applicant to operate a motorcycle on a public road; and | ||
(3) have accumulated less than 10 points under the | ||
driver responsibility program established by Chapter 708. | ||
(b) The commission by rule may adopt additional | ||
requirements for issuance of an instructor license. | ||
(c) To be eligible for a motorcycle school license, an | ||
applicant must meet the minimum standards established by commission | ||
rule for: | ||
(1) health and safety; | ||
(2) the school's facility; and | ||
(3) consumer protection. | ||
(d) The department shall issue a license to an applicant who | ||
meets the eligibility requirements established under this chapter | ||
and department rule. | ||
(e) The department may prescribe an application form for | ||
applicants to submit when applying for a license under this | ||
section. | ||
Sec. 662.0064. INSTRUCTOR TRAINING; ADMINISTRATOR. The | ||
Texas A&M Engineering Extension Service, in consultation with the | ||
department, shall administer the training program required by | ||
Section 662.0062(a)(1). | ||
Sec. 662.0066. ALTERNATIVE QUALIFICATIONS. The department | ||
shall issue a license to an applicant who holds a similar license | ||
issued by another jurisdiction with licensing requirements | ||
substantially equivalent to the requirements of this state. The | ||
commission may adopt rules to implement this section. | ||
Sec. 662.0068. PROGRAM CERTIFICATES. The department shall | ||
issue a certificate of completion to a person who completes a | ||
department-approved motorcycle operator training and safety course | ||
conducted by a motorcycle school on receipt of notice from the | ||
motorcycle school that conducted the course. | ||
SECTION 9. Section 662.008, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 662.008. DENIAL, SUSPENSION, OR REVOCATION | ||
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an application for, suspend, or revoke a license issued [ |
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instructor, or motorcycle school [ |
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(1) does not satisfy the requirements established | ||
under this chapter to receive or retain the license [ |
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(2) permits fraud or engages in a fraudulent practice | ||
with reference to an application for [ |
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(3) induces or countenances fraud or a fraudulent | ||
practice by a person applying for a driver's license or permit; | ||
(4) permits fraud or engages in a fraudulent practice | ||
in an action between the applicant or license holder and the public; | ||
or | ||
(5) fails to comply with this chapter or rules adopted | ||
under this chapter [ |
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(b) Following denial of an application for a license or the | ||
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chapter [ |
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provided by: | ||
(1) Chapter 2001, Government Code; and | ||
(2) Chapter 53, Occupations Code. | ||
SECTION 10. Section 662.009, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 662.009. RULES. The commission [ |
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SECTION 11. Section 662.010, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 662.010. NONAPPLICABILITY OF CERTAIN OTHER LAW. | ||
Chapter 1001, Education Code [ |
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this chapter. | ||
SECTION 12. Section 662.011, Transportation Code, is | ||
amended by amending Subsection (b) and adding Subsection (d) to | ||
read as follows: | ||
(b) Money deposited to the credit of the motorcycle | ||
education fund account may be used only to defray the cost of: | ||
(1) administering the motorcycle operator training | ||
and safety program; [ |
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(2) conducting the motorcyclist safety and share the | ||
road campaign described by Section 201.621; and | ||
(3) administering the grant program under Section | ||
662.0115. | ||
(d) The department may apply for and accept gifts, grants, | ||
and donations from any organization to be deposited in the | ||
motorcycle education fund account for the purpose of improving | ||
motorcycle safety in this state. | ||
SECTION 13. Chapter 662, Transportation Code, is amended by | ||
adding Section 662.0115 to read as follows: | ||
Sec. 662.0115. MOTORCYCLE SAFETY GRANT PROGRAM. (a) Using | ||
money from the motorcycle education fund account, the department | ||
may establish and administer a grant program to improve motorcycle | ||
safety in this state. | ||
(b) The department may award a person a grant to: | ||
(1) promote the motorcycle operator training and | ||
safety program or any other motorcycle safety program in this | ||
state; | ||
(2) increase the number of individuals seeking | ||
motorcycle operator training or licensure as an instructor to | ||
conduct motorcycle operator training; or | ||
(3) support any other goal reasonably likely to | ||
improve motorcycle safety in this state. | ||
(c) To administer the grant program, the department shall | ||
prescribe: | ||
(1) grant application procedures; | ||
(2) guidelines relating to grant amounts; and | ||
(3) criteria for evaluating grant applications. | ||
(d) The department may only award a grant after consulting | ||
with the motorcycle safety advisory board regarding the grant | ||
application. | ||
SECTION 14. Section 662.012, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 662.012. REPORTS. (a) The department [ |
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forward to the department [ |
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school's [ |
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(1) the number and types of courses provided in the | ||
reporting period; | ||
(2) the number of persons who took each course in the | ||
reporting period; | ||
(3) the number of instructors available to provide | ||
training under the school's [ |
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period; | ||
(4) information collected by surveying persons taking | ||
each course as to the length of any waiting period the person | ||
experienced before being able to enroll in the course; | ||
(5) the number of persons on a waiting list for a | ||
course at the end of the reporting period; and | ||
(6) any other information the department [ |
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reasonably requires. | ||
(b) The department [ |
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a compilation of the reports submitted under Subsection (a) on a | ||
by-site basis. The department [ |
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compilation as soon as practicable after the beginning of each | ||
month. | ||
(c) The department [ |
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without charge a copy of the most recent compilation under | ||
Subsection (b) to any member of the legislature on request. | ||
SECTION 15. Chapter 662, Transportation Code, is amended by | ||
adding Section 662.013 to read as follows: | ||
Sec. 662.013. RESEARCH, ADVOCACY, AND EDUCATION. The Texas | ||
A&M Transportation Institute, in consultation with the department, | ||
shall: | ||
(1) research motorcycle safety in this state; | ||
(2) provide advocacy on motorcycle safety issues in | ||
this state; and | ||
(3) provide education to the public on motorcycle | ||
safety issues in this state. | ||
SECTION 16. Section 663.001, Transportation Code, is | ||
amended by amending Subdivision (1-b) and adding Subdivisions (1-c) | ||
and (1-d) to read as follows: | ||
(1-b) "Commission" means the Texas Commission of | ||
Licensing and Regulation. | ||
(1-c) "Department" means the Texas Department of | ||
Licensing and Regulation. | ||
(1-d) "Off-highway vehicle" means: | ||
(A) an all-terrain vehicle or recreational | ||
off-highway vehicle, as those terms are defined by Section 502.001; | ||
or | ||
(B) a utility vehicle. | ||
SECTION 17. Section 663.011, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 663.011. ADMINISTRATION OF PROGRAM [ |
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education and certification program and enforce the laws governing | ||
the program. | ||
SECTION 18. Section 663.013, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 663.013. PROGRAM STANDARDS [ |
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vehicle operator education and certification program and shall | ||
determine: | ||
(1) locations at which courses will be offered; | ||
(2) fees for the courses; | ||
(3) qualifications of instructors; | ||
(4) course curriculum; and | ||
(5) standards for operator safety certification. | ||
(b) [ |
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curriculum, and operator certification, the department | ||
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by recognized off-highway vehicle safety organizations. | ||
SECTION 19. Section 663.014, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 663.014. CONTRACTS. To administer the education | ||
program and certify off-highway vehicle operators, the department | ||
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safety organizations, nonprofit educational organizations, or | ||
agencies of local governments. | ||
SECTION 20. Section 663.015(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) If the department [ |
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program component or at a particular program location, the operator | ||
education and certification program for persons who are at least 14 | ||
years of age may use teaching or testing methods that do not involve | ||
the actual operation of an off-highway vehicle. | ||
SECTION 21. Section 663.017, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 663.017. DENIAL, SUSPENSION, OR CANCELLATION OF | ||
APPROVAL. (a) The department [ |
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sponsor to conduct or for an instructor to teach a course offered | ||
under this chapter if the applicant, sponsor, or instructor: | ||
(1) does not satisfy the requirements established | ||
under this chapter to receive or retain approval; | ||
(2) permits fraud or engages in fraudulent practices | ||
with reference to an application to the department [ |
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(3) induces or countenances fraud or fraudulent | ||
practices by a person applying for a driver's license or permit; | ||
(4) permits or engages in a fraudulent practice in an | ||
action between the applicant or license holder and the public; or | ||
(5) fails to comply with rules of the department | ||
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(b) Before the department [ |
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may deny, suspend, or cancel the approval of a program sponsor or an | ||
instructor, notice and opportunity for a hearing must be given as | ||
provided by: | ||
(1) Chapter 2001, Government Code; and | ||
(2) Chapter 53, Occupations Code. | ||
SECTION 22. Section 663.018, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 663.018. RULES. The commission [ |
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SECTION 23. Section 663.019, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 663.019. EXEMPTIONS. The commission [ |
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residents of any county from Section 663.015 or from Section | ||
663.031(a)(1) until the appropriate education and certification | ||
program is established at a location that is reasonably accessible | ||
to the residents of that county. | ||
SECTION 24. Section 663.033(d), Transportation Code, is | ||
amended to read as follows: | ||
(d) The department [ |
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vehicles that are participating in certain competitive events from | ||
the requirements of this section. | ||
SECTION 25. Section 663.037(e), Transportation Code, is | ||
amended to read as follows: | ||
(e) The executive director of the department [ |
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to the color, size, and mounting position of the flag required under | ||
Subsections (d)(2) and (g)(2). | ||
SECTION 26. Sections 662.002(b), 662.004, and 662.007, | ||
Transportation Code, are repealed. | ||
SECTION 27. (a) In this section: | ||
(1) "Department" means the Department of Public | ||
Safety. | ||
(2) "Program" means the motorcycle operator training | ||
and safety program established under Chapter 662, Transportation | ||
Code, as that chapter existed before the effective date of this Act. | ||
(b) As soon as practicable after the effective date of this | ||
Act and not later than August 31, 2019, the department shall dispose | ||
of motorcycles and other equipment related to the program that the | ||
department possesses or has leased to entities offering training | ||
under the program. The plan must conform with the requirements of | ||
Subsection (c) of this section. | ||
(c) The department shall dispose of the motorcycles and | ||
other equipment related to the program in the following manner: | ||
(1) the department shall provide to any entity to whom | ||
the department leased a motorcycle or other equipment related to | ||
the program a reasonable period determined by the department to | ||
purchase from the department or return the motorcycle or other | ||
equipment; | ||
(2) after the expiration of the period described by | ||
Subdivision (1) of this subsection, the department shall: | ||
(A) determine the need of the Texas Department of | ||
Licensing and Regulation, the Texas A&M Transportation Institute, | ||
and the Texas A&M Engineering Extension Service for motorcycles and | ||
other equipment necessary to provide motorcycle operator training | ||
for the instructors under the program; and | ||
(B) subject to the need determined under | ||
Paragraph (A) of this subdivision and the availability of | ||
motorcycles and other equipment related to the program, transfer | ||
the motorcycles and equipment to the Texas Department of Licensing | ||
and Regulation, institute, or service under that paragraph, as | ||
applicable; and | ||
(3) after the determination and any transfer under | ||
Subdivision (2) of this subsection, sell any remaining motorcycles | ||
and related equipment of the program in accordance with Chapter | ||
2175, Government Code. | ||
(d) All revenue generated by the disposition of motorcycles | ||
and other equipment related to the program under this section shall | ||
be deposited in the motorcycle education fund account established | ||
under Section 662.011, Transportation Code. | ||
(e) Not later than August 31, 2019, the department and the | ||
Texas Department of Licensing and Regulation shall enter into a | ||
memorandum of understanding regarding any property acquired by the | ||
department by lease or purchase using money from the motorcycle | ||
education fund account established under Section 662.011, | ||
Transportation Code, to ensure that the Department of Public Safety | ||
appropriately compensates the fund for those assets. | ||
SECTION 28. (a) In this section: | ||
(1) "Former administrator" means the Texas Department | ||
of Public Safety. | ||
(2) "Licensing commission" means the Texas Commission | ||
of Licensing and Regulation. | ||
(3) "Licensing department" means the Texas Department | ||
of Licensing and Regulation. | ||
(4) "Program" means the: | ||
(A) motorcycle operator training and safety | ||
program under Chapter 662, Transportation Code; and | ||
(B) off-highway vehicle operator education and | ||
certification program under Chapter 663, Transportation Code. | ||
(b) On September 1, 2019: | ||
(1) all functions and activities related to the | ||
program performed by the former administrator immediately before | ||
that date are transferred to the licensing department; | ||
(2) all rules, fees, policies, procedures, decisions, | ||
and forms related to the program adopted by the former | ||
administrator are continued in effect as rules, fees, policies, | ||
procedures, decisions, and forms of the licensing commission or the | ||
licensing department, as applicable, and remain in effect until | ||
amended or replaced by the licensing commission or licensing | ||
department; | ||
(3) a complaint, investigation, contested case, or | ||
other proceeding related to the program before the former | ||
administrator that is pending on September 1, 2019, is transferred | ||
without change in status to the licensing department or the | ||
licensing commission, as appropriate; | ||
(4) all money, contracts, leases, property, and | ||
obligations related to the program of the former administrator are | ||
transferred to the licensing department; | ||
(5) all property related to the program in the custody | ||
of the former administrator is transferred to the licensing | ||
department; and | ||
(6) the unexpended and unobligated balance of any | ||
money appropriated by the legislature for the former administrator | ||
for the purpose of administering the program is transferred to the | ||
licensing department. | ||
(c) The former administrator shall provide the licensing | ||
department with access to any systems or information necessary for | ||
the department to accept the program transferred under this Act. | ||
(d) A license or certificate issued by the former | ||
administrator is continued in effect as a license or certificate of | ||
the licensing department. | ||
(e) On September 1, 2019, all full-time equivalent employee | ||
positions at the former administrator that primarily concern the | ||
administration or enforcement of the program become positions at | ||
the licensing department. | ||
SECTION 29. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect September 1, 2019. | ||
(b) Section 27 of this Act takes effect immediately if this | ||
Act 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, Section 27 takes effect on the 91st day after the last day | ||
of the legislative session. |