Bill Text: TX SB215 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the transfer of driver and traffic safety education from the Texas Education Agency to the Texas Department of Licensing and Regulation; changing the amounts of certain fees.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2015-04-28 - Left pending in committee [SB215 Detail]
Download: Texas-2015-SB215-Introduced.html
84R7776 AAF-F | ||
By: Campbell, et al. | S.B. No. 215 |
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relating to the transfer of driver and traffic safety education | ||
from the Texas Education Agency 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 | ||
[ |
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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 [ |
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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 [ |
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(3) "Commission" [ |
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Commission of Licensing and Regulation [ |
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(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 [ |
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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 [ |
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(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 [ |
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(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 | ||
[ |
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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 [ |
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(b) The department [ |
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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, 1001.053, and | ||
1001.054, Education Code, are amended to read as follows: | ||
Sec. 1001.051. JURISDICTION OVER SCHOOLS. The department | ||
[ |
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schools regulated under this chapter. | ||
Sec. 1001.052. RULES. The commission [ |
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[ |
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courses. | ||
Sec. 1001.053. POWERS AND DUTIES OF DEPARTMENT, COMMISSION, | ||
AND EXECUTIVE DIRECTOR [ |
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executive director, as appropriate, [ |
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(1) administer [ |
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(2) enforce minimum standards for driver training | ||
schools under this chapter; | ||
(3) [ |
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commission that are necessary to administer this chapter; and | ||
(4) visit a driver training school or course provider | ||
and reexamine the school or course provider for compliance with | ||
this chapter. | ||
(b) The executive director [ |
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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 [ |
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rules to ensure the integrity of approved driving safety courses | ||
and to enhance program quality. | ||
Sec. 1001.054. RULES RESTRICTING ADVERTISING OR | ||
COMPETITIVE BIDDING. (a) The commission [ |
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adopt a rule restricting advertising or competitive bidding by a | ||
driver training school except to prohibit a false, misleading, or | ||
deceptive practice. | ||
(b) The commission [ |
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to prohibit false, misleading, or deceptive practices by a driver | ||
training school a rule that restricts: | ||
(1) the use of an advertising medium; | ||
(2) the outside dimensions of a printed advertisement | ||
or outdoor display; | ||
(3) the duration of an advertisement; or | ||
(4) advertisement under a trade name. | ||
(c) The commission [ |
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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 8. Sections 1001.055(a), (a-1), (a-2), (b), and | ||
(c), Education Code, are amended to read as follows: | ||
(a) The department [ |
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or exempt driver education school and to each parent-taught course | ||
provider approved by the Department of Public Safety under Section | ||
521.205, Transportation Code, driver education certificates or | ||
certificate numbers to enable the school or [ |
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to print and issue department-approved [ |
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education certificates [ |
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[ |
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course and [ |
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and 521.1601, Transportation Code. | ||
(a-1) A certificate printed and issued by a driver education | ||
school or Department of Public Safety approved course provider | ||
must: | ||
(1) be in a form required by the department [ |
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and | ||
(2) include an identifying certificate number | ||
provided by the department [ |
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authenticity of the certificate with the driver education school or | ||
Department of Public Safety approved course provider. | ||
(a-2) A driver education school or Department of Public | ||
Safety approved course provider 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 | ||
Department of Public Safety approved course provider shall | ||
electronically submit to the department [ |
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established by the department [ |
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department [ |
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[ |
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certificate numbers. | ||
(b) The commission [ |
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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 [ |
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certificate number. | ||
SECTION 9. Sections 1001.056(b), (c), (d), (e), and (g), | ||
Education Code, are amended to read as follows: | ||
(b) The department [ |
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course provider with course completion certificate numbers to | ||
enable the provider to print and issue department-approved | ||
[ |
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(c) The commission [ |
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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 [ |
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and | ||
(2) include an identifying number by which the | ||
department [ |
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[ |
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(e) The commission by rule shall establish [ |
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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 [ |
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certificate number. | ||
(g) A course provider shall issue a duplicate certificate by | ||
United States mail or commercial delivery. The commission | ||
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issuance of a duplicate certificate under this subsection. | ||
SECTION 10. Section 1001.057, Education Code, is amended to | ||
read as follows: | ||
Sec. 1001.057. ELECTRONIC TRANSMISSION OF DRIVING SAFETY | ||
COURSE INFORMATION. The department [ |
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options to develop and implement procedures to electronically | ||
transmit information relating to driving safety courses to | ||
municipal and justice courts. | ||
SECTION 11. Subchapter B, Chapter 1001, Education Code, is | ||
amended by adding Sections 1001.058 and 1001.059 to read as | ||
follows: | ||
Sec. 1001.058. ADVISORY COMMITTEE. (a) The commission | ||
shall establish an advisory committee to advise the commission and | ||
department on driver training rules and standards and driver | ||
education curriculum. | ||
(b) The advisory committee consists of seven 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; | ||
(2) one member representing a driving safety school; | ||
(3) one member representing a course provider; | ||
(4) one instructor; | ||
(5) one employee of the Department of Public Safety; | ||
and | ||
(6) two members representing the public. | ||
(c) The presiding officer of the commission shall appoint | ||
the presiding officer of the advisory committee. | ||
Sec. 1001.059. COMPLAINTS. (a) The department shall | ||
maintain a system to promptly and efficiently act on complaints | ||
filed with the department regarding driver training. The department | ||
shall maintain information about parties to the complaint, the | ||
subject matter of the complaint, a summary of the results of the | ||
review or investigation of the complaint, and its disposition. | ||
(b) The department shall make information available | ||
describing its procedures for complaint investigation and | ||
resolution. | ||
(c) The department shall periodically notify the complaint | ||
parties of the status of the complaint until final disposition. | ||
SECTION 12. Section 1001.101(a), Education Code, is amended | ||
to read as follows: | ||
(a) The commission [ |
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or approve the curriculum and designate the 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 Section 521.205, | ||
Transportation Code. | ||
SECTION 13. Section 1001.1015(a), Education Code, is | ||
amended to read as follows: | ||
(a) The commission [ |
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the curriculum and designate the educational materials to be used | ||
in a driver education course exclusively for adults. | ||
SECTION 14. Section 1001.102, Education Code, is amended to | ||
read as follows: | ||
Sec. 1001.102. ALCOHOL AWARENESS INFORMATION. (a) The | ||
commission [ |
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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 | ||
[ |
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[ |
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SECTION 15. Section 1001.1025, Education Code, is amended | ||
to read as follows: | ||
Sec. 1001.1025. MOTORCYCLE AWARENESS INFORMATION. (a) The | ||
commission [ |
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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 | ||
[ |
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[ |
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SECTION 16. Sections 1001.103(b), (d), and (e), Education | ||
Code, are amended to read as follows: | ||
(b) The department [ |
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separate school certification and approve curricula for drug and | ||
alcohol driving awareness programs that include one or more | ||
courses. Except as provided by commission [ |
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must be offered in the same manner as a driving safety course. | ||
(d) In accordance with Section 461.013(b), Health and | ||
Safety Code, the department [ |
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Health Services [ |
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enter into a memorandum of understanding for the interagency | ||
approval of the required curricula. | ||
(e) The commission [ |
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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 [ |
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SECTION 17. Sections 1001.104 and 1001.105, Education Code, | ||
are amended to read as follows: | ||
Sec. 1001.104. HOSPITAL AND REHABILITATION FACILITIES. (a) | ||
The department [ |
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understanding with the Department of Assistive and Rehabilitative | ||
Services [ |
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Public Safety [ |
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curricula and licensing criteria for hospital and rehabilitation | ||
facilities that teach driver education. | ||
(b) The department [ |
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rules governing driver education courses adopted by mutual | ||
agreement among the commission [ |
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Assistive and Rehabilitative Services [ |
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Sec. 1001.105. TEXAS DEPARTMENT OF INSURANCE. The | ||
department [ |
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with the Texas Department of Insurance for the interagency | ||
development of a curriculum for driving safety courses. | ||
SECTION 18. Sections 1001.106(b), (c), and (d), Education | ||
Code, are amended to read as follows: | ||
(b) The commission [ |
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minimum standards of curriculum relating to operation of vehicles | ||
at railroad and highway grade crossings. | ||
(c) Subchapter F, Chapter 51, Occupations Code, Section | ||
51.353, Occupations Code, and Sections [ |
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1001.553 of this code 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, [ |
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this code do not apply to a violation of this section. | ||
SECTION 19. Section 1001.107, Education Code, is amended to | ||
read as follows: | ||
Sec. 1001.107. INFORMATION RELATING TO LITTER PREVENTION. | ||
(a) The commission [ |
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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 | ||
[ |
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[ |
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SECTION 20. Sections 1001.108(a) and (c), Education Code, | ||
are amended to read as follows: | ||
(a) The commission [ |
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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 | ||
[ |
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[ |
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SECTION 21. Section 1001.110, Education Code, is amended to | ||
read as follows: | ||
Sec. 1001.110. INFORMATION RELATING TO DRIVING | ||
DISTRACTIONS. (a) The commission [ |
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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 | ||
[ |
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[ |
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SECTION 22. Section 1001.111(a), Education Code, is amended | ||
to read as follows: | ||
(a) The commission [ |
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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 23. Sections 1001.151, 1001.152, and 1001.153, | ||
Education Code, are amended to read as follows: | ||
Sec. 1001.151. APPLICATION, LICENSE, AND REGISTRATION | ||
FEES. (a) The commission by rule [ |
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[ |
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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 [ |
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(2) [ |
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school license; | ||
(3) [ |
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[ |
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revenue received from the course provider is sufficient to cover | ||
the cost of licensing the course provider; [ |
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(4) the [ |
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provider, driving safety school, driver education school, or branch | ||
location [ |
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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; [ |
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(5) [ |
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[ |
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[ |
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(6) [ |
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(A) [ |
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provider or an owner of a driver education school or course provider | ||
[ |
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(B) [ |
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driving safety school; [ |
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(7) [ |
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driver education or driving safety course at a driver training | ||
school; and [ |
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(8) an [ |
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[ |
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[ |
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[ |
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course that has not been evaluated by the department [ |
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(c) [ |
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or driving safety instructor license must be accompanied by a | ||
processing fee [ |
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that the department [ |
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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) [ |
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amount of the fee for a duplicate license. | ||
(e) [ |
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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 commission [ |
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to exceed the amount sufficient to cover the costs of considering | ||
the application. | ||
Sec. 1001.152. DUTY TO REVIEW AND RECOMMEND ADJUSTMENTS IN | ||
FEE AMOUNTS. The commission [ |
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review the amounts of fees and recommend to the legislature | ||
adjustments to those amounts. | ||
Sec. 1001.153. COMPLAINT INVESTIGATION FEE. (a) The | ||
commission [ |
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investigate a driver training school or course provider to resolve | ||
a complaint against the school or course provider. | ||
(b) The fee may be charged only if: | ||
(1) the complaint could not have been resolved solely | ||
by telephone or in writing; | ||
(2) a representative of the department [ |
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visited the school or course provider as a part of the complaint | ||
resolution process; and | ||
(3) the school or course provider was found to be at | ||
fault. | ||
SECTION 24. 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 [ |
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(2) has the same name as the parent school; and | ||
(3) has the same ownership as the parent school. | ||
SECTION 25. Sections 1001.203, 1001.204, 1001.205, and | ||
1001.206, Education Code, are amended to read as follows: | ||
Sec. 1001.203. APPLICATION. To operate or do business in | ||
this state, a driver training school must apply to the department | ||
[ |
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(1) be in writing; | ||
(2) be in the form prescribed by the department | ||
[ |
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(3) include all required information; and | ||
(4) be verified. | ||
Sec. 1001.204. REQUIREMENTS FOR DRIVER EDUCATION SCHOOL | ||
LICENSE. The department [ |
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application for a driver education school license 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 [ |
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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, | ||
[ |
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[ |
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(5) maintains adequate records as prescribed by the | ||
department [ |
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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 [ |
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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 [ |
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(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 [ |
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(13) submits to the department [ |
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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 [ |
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(15) meets any additional criteria required by the | ||
department [ |
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Sec. 1001.205. REQUIREMENTS FOR DRIVING SAFETY SCHOOL | ||
LICENSE. The department [ |
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application for a driving safety school license if on investigation | ||
the department [ |
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(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 [ |
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adequate educational qualifications and experience; | ||
(4) maintains adequate records as prescribed by the | ||
department [ |
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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 [ |
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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 [ |
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(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 [ |
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(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 [ |
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(11) will not provide a driving safety course to a | ||
person for less than $25; and | ||
(12) meets additional criteria required by the | ||
department [ |
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Sec. 1001.206. REQUIREMENTS FOR COURSE PROVIDER LICENSE. | ||
The department [ |
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course provider license if on investigation the department [ |
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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, [ |
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Internet website address [ |
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directing complaints to the department [ |
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(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 [ |
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provider will issue and deliver to the person by United States mail | ||
or commercial delivery [ |
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completion [ |
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successful completion; | ||
(6) the course provider maintains adequate records as | ||
prescribed by the department [ |
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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 [ |
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(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 [ |
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(13) the course provider does not owe an | ||
administrative penalty for a violation of [ |
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(14) the course provider meets additional criteria | ||
required by the department [ |
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SECTION 26. 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 [ |
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(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 | ||
[ |
||
(2) issued by a company authorized to do business in | ||
this state; | ||
(3) payable to the 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 27. 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 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 [ |
||
(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 28. 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) [ |
||
and | ||
(2) [ |
||
under Section 1001.207 or 1001.209. | ||
SECTION 29. Sections 1001.211(a) and (b), Education Code, | ||
are amended to read as follows: | ||
(a) The executive director [ |
||
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 | ||
[ |
||
(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; | ||
(4) the executive director's [ |
||
signature; and | ||
(5) any other fair and reasonable representation that | ||
is consistent with this chapter and that the department | ||
[ |
||
SECTION 30. Section 1001.212, Education Code, is amended to | ||
read as follows: | ||
Sec. 1001.212. NOTICE OF DENIAL OF LICENSE. The department | ||
[ |
||
license under this subchapter is denied a written statement of the | ||
reasons for the denial. | ||
SECTION 31. Sections 1001.213(c) and (d), Education Code, | ||
are amended to read as follows: | ||
(c) The commission may establish [ |
||
amounts that are different from the amounts established under | ||
[ |
||
education school or course provider license under Subsection (b) | ||
and [ |
||
(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 [ |
||
reinspect a school or a branch location after a change of ownership. | ||
SECTION 32. 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 [ |
||
SECTION 33. 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 [ |
||
(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 [ |
||
of a driving safety course that does not provide a uniform | ||
certificate of course completion to its graduates. | ||
SECTION 34. Sections 1001.2511(b), (c), (d), (e), and (f), | ||
Education Code, are amended to read as follows: | ||
(b) The department [ |
||
criminal history record information of a person who holds a license | ||
described by Subsection (a). | ||
(c) The executive director [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
section. | ||
(f) The department [ |
||
liable for an action taken in compliance with this section. | ||
SECTION 35. Section 1001.2512, Education Code, is amended | ||
to read as follows: | ||
Sec. 1001.2512. FEES FOR CRIMINAL HISTORY RECORD | ||
INFORMATION REVIEW. The commission [ |
||
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 | ||
[ |
||
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 36. 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 [ |
||
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 [ |
||
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 [ |
||
subsection is considered to have been discharged for misconduct for | ||
purposes of Section 207.044, Labor Code. | ||
SECTION 37. Section 1001.252, Education Code, is amended to | ||
read as follows: | ||
Sec. 1001.252. SIGNATURE AND SEAL ON LICENSE REQUIRED. A | ||
license under this subchapter must be signed by the executive | ||
director [ |
||
SECTION 38. Sections 1001.253(a), (b), (c), (d), (e), and | ||
(f), Education Code, are amended to read as follows: | ||
(a) The department [ |
||
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 [ |
||
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 | ||
[ |
||
(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 [ |
||
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 | ||
[ |
||
programs and supervising and administering traffic safety | ||
education. | ||
(f) A driver education school may submit for department | ||
[ |
||
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. | ||
SECTION 39. 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 [ |
||
examination requirement at the first available opportunity. | ||
SECTION 40. Sections 1001.255(a), (b), and (c), Education | ||
Code, are amended to read as follows: | ||
(a) The department [ |
||
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 [ |
||
driver education school license, together with all required | ||
documentation and information. | ||
(c) The department [ |
||
renewal driver education school license fees or the fee for a | ||
director or administrative staff member. | ||
SECTION 41. 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 [ |
||
SECTION 42. Section 1001.257, Education Code, is amended to | ||
read as follows: | ||
Sec. 1001.257. DENIAL OF LICENSE. The executive director | ||
[ |
||
license, including a temporary license, to a person who has six or | ||
more points assigned to the person's driver's license under | ||
Subchapter B, Chapter 708, Transportation Code. | ||
SECTION 43. Section 1001.303, Education Code, is amended to | ||
read as follows: | ||
Sec. 1001.303. RENEWAL OF SCHOOL OR COURSE PROVIDER | ||
LICENSE. (a) To renew the license of a driver education school, | ||
driving safety school, or course provider, the school or course | ||
provider must submit to the department [ |
||
application for renewal at least 30 days before the expiration date | ||
of the license. | ||
(b) A school or course provider that does not comply with | ||
Subsection (a) must, as a condition of renewal of the person's | ||
license, pay a late renewal fee. The late renewal fee is in | ||
addition to the annual renewal fee. The commission by rule shall | ||
establish a late renewal fee [ |
||
|
||
(c) The department [ |
||
education school's premises. | ||
(d) The executive director [ |
||
cancel the driver education school, driving safety school, or | ||
course provider license. | ||
SECTION 44. 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 | ||
[ |
||
(2) for the number of hours established by the | ||
commission [ |
||
(c) An applicant who does not comply with Subsection (a) | ||
must pay a late renewal fee in the amount established by commission | ||
rule [ |
||
SECTION 45. 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 | ||
[ |
||
completes an approved driving safety course. | ||
(b) A course provider shall electronically submit to the | ||
department [ |
||
[ |
||
uniform certificates of course completion issued by the course | ||
provider. | ||
SECTION 46. 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 [ |
||
(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 | ||
[ |
||
[ |
||
(1) the department [ |
||
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 47. 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 | ||
[ |
||
(b) The department [ |
||
alternative method only if: | ||
(1) the alternative method includes testing and | ||
security measures that the department [ |
||
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 48. Sections 1001.404(b) and (c), Education Code, | ||
are amended to read as follows: | ||
(b) The department [ |
||
the rate of interest for a refund at a rate sufficient to provide a | ||
deterrent to the retention of student money. | ||
(c) The department [ |
||
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 [ |
||
school or course provider shall document the effort to locate a | ||
student. | ||
SECTION 49. 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 designed to mislead or deceive a | ||
prospective student; | ||
(2) fail to notify the department [ |
||
the discontinuance of the operation of a driver training school | ||
before the 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 | ||
[ |
||
(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 [ |
||
SECTION 50. Sections 1001.453(d) and (e), Education Code, | ||
are amended to read as follows: | ||
(d) Subchapter F, Chapter 51, Occupations Code, Section | ||
51.353, Occupations Code, and Sections [ |
||
and 1001.553 of this code 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, [ |
||
this code do not apply to a violation of this section. | ||
SECTION 51. Section 1001.455, Education Code, is amended to | ||
read as follows: | ||
Sec. 1001.455. DENIAL, SUSPENSION, OR REVOCATION OF | ||
INSTRUCTOR LICENSE. (a) The executive director [ |
||
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 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 [ |
||
relating to driver instruction; or | ||
(6) fails to comply with this chapter. | ||
(b) Not later than the 10th day after the date of a denial, | ||
suspension, or revocation under this section, the department | ||
[ |
||
action by certified mail. | ||
SECTION 52. Section 1001.456, Education Code, is amended to | ||
read as follows: | ||
Sec. 1001.456. OTHER DISCIPLINARY ACTIONS. (a) If the | ||
executive director [ |
||
or instructor has violated this chapter or a rule adopted under this | ||
chapter, the executive director [ |
||
(1) order a peer review; | ||
(2) suspend the enrollment of students in the school | ||
or the offering of instruction by the instructor; or | ||
(3) suspend the right to purchase driver education | ||
certificates. | ||
(b) If the executive director [ |
||
course provider, driving safety school, or driving safety | ||
instructor has violated this chapter or a rule adopted under this | ||
chapter, the executive director [ |
||
(1) order a peer review of the course provider, | ||
driving safety school, or driving safety instructor; | ||
(2) suspend the enrollment of students in the school | ||
or the offering of instruction by the instructor; or | ||
(3) suspend the right to purchase course completion | ||
certificate numbers. | ||
(c) A peer review ordered under this section must be | ||
conducted by a team of knowledgeable persons selected by the | ||
department [ |
||
[ |
||
school's or course provider's curriculum and its application. The | ||
school or course provider shall pay the costs of the peer review. | ||
(d) A suspension of enrollment under Subsection (a)(2) or | ||
(b)(2) means a ruling by the executive director [ |
||
restricts a school from: | ||
(1) accepting enrollments or reenrollments; | ||
(2) advertising; | ||
(3) soliciting; or | ||
(4) directly or indirectly advising prospective | ||
students of its program or course offerings. | ||
SECTION 53. Section 1001.458, Education Code, is amended to | ||
read as follows: | ||
Sec. 1001.458. SURRENDER OF LICENSE. (a) A license holder | ||
whose license is suspended or revoked shall surrender the license | ||
to the department [ |
||
date of suspension or revocation. | ||
(b) The department [ |
||
license on full compliance by the license holder with this chapter. | ||
SECTION 54. Section 1001.459, Education Code, is amended to | ||
read as follows: | ||
Sec. 1001.459. APPEAL AND REQUEST FOR HEARING. (a) A | ||
person aggrieved by a denial, suspension, or revocation of a | ||
license may appeal the action and request a hearing before the State | ||
Office of Administrative Hearings, which shall promptly set a | ||
hearing date and give written notice of the time and place of the | ||
hearing to the person. An administrative law judge of the State | ||
Office of Administrative Hearings shall conduct the hearing | ||
[ |
||
(b) The administrative law judge shall make findings of fact | ||
and conclusions of law and promptly issue to the commission a | ||
proposal for a decision about the appealed action [ |
||
|
||
|
||
|
||
|
||
|
||
SECTION 55. Sections 1001.553(a), (b), and (c), Education | ||
Code, are amended to read as follows: | ||
(a) After an opportunity for a hearing, the executive | ||
director or commission [ |
||
penalty on a person who violates this chapter or a rule adopted | ||
under this chapter. | ||
(b) The amount of the penalty may not exceed $5,000 [ |
||
a day for each violation. | ||
(c) An administrative penalty under this section shall be | ||
imposed and collected as provided by Subchapter F, Chapter 51, | ||
Occupations Code. [ |
||
|
||
SECTION 56. Section 1001.555(b), Education Code, is amended | ||
to read as follows: | ||
(b) The department [ |
||
Department of Public Safety [ |
||
investigative assistance in the enforcement of Subsection (a). | ||
SECTION 57. 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 [ |
||
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 58. 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 | ||
approved by the Texas Department of Licensing and Regulation | ||
[ |
||
SECTION 59. 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 | ||
approved by the Texas Department of Licensing and Regulation | ||
[ |
||
driver education course approved by the Texas Department of | ||
Licensing and Regulation [ |
||
Education Code, [ |
||
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 Code. | ||
SECTION 60. 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 | ||
approved by the Texas Department of Licensing and Regulation | ||
[ |
||
driver education course approved by the Texas Department of | ||
Licensing and Regulation [ |
||
Education Code, [ |
||
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 [ |
||
[ |
||
SECTION 61. Section 521.1655(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) A driver education school licensed under Chapter 1001, | ||
Education Code, [ |
||
|
||
to a student of that school the vision, highway sign, and traffic | ||
law parts of the examination required by Section 521.161. | ||
SECTION 62. 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 [ |
||
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 63. 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 [ |
||
(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 64. 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 [ |
||
(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 65. Sections 521.205(b) and (d), Transportation | ||
Code, are amended to read as follows: | ||
(b) The department may not approve a course unless it | ||
determines that the course materials are at least equal to those | ||
required in a course approved by the Texas Department of Licensing | ||
and Regulation [ |
||
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. | ||
(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 Texas Department of | ||
Licensing and Regulation [ |
||
SECTION 66. Sections 521.222(a) and (c), Transportation | ||
Code, are amended to read as follows: | ||
(a) The department or a driver education school licensed | ||
under Chapter 1001, Education Code, [ |
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|
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Class B driver's 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 521.205; | ||
(3) meets the requirements imposed under Section | ||
521.204(a)(3) [ |
||
(4) has passed each examination required under Section | ||
521.161 other than the driving test. | ||
(c) A driver education school may issue 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 | ||
[ |
||
(2) each part of the driver's examination required by | ||
Section 521.161 other than the driving test. | ||
SECTION 67. 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 [ |
||
|
||
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, | ||
[ |
||
(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 | ||
[ |
||
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 [ |
||
department may verify its authenticity with the course provider and | ||
must be in a form adopted by the Texas Department of Licensing and | ||
Regulation [ |
||
(c) The Texas Department of Licensing and Regulation | ||
[ |
||
course completion. The Texas Commission of Licensing and | ||
Regulation [ |
||
amount of the fee to be charged for issuance of a duplicate | ||
certificate. | ||
(d) A driving safety course provider shall electronically | ||
submit data identified by the Texas Department of Licensing and | ||
Regulation [ |
||
certificates of course completion to the Texas Department of | ||
Licensing and Regulation [ |
||
Department of Licensing and Regulation [ |
||
SECTION 68. Sections 543.113(a) and (c), Transportation | ||
Code, are amended to read as follows: | ||
(a) The Texas Department of Licensing and Regulation | ||
[ |
||
them to persons who are licensed providers of courses approved | ||
under Chapter 1001, Education Code [ |
||
|
||
|
||
rule shall establish [ |
||
certificate. [ |
||
(c) Money collected by the Texas Department of Licensing and | ||
Regulation [ |
||
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 69. 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 [ |
||
|
||
SECTION 70. 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 [ |
||
attend and present proof that the defendant has successfully | ||
completed a specialized driving safety course approved by the Texas | ||
Department of Licensing and Regulation [ |
||
Chapter 1001, Education Code, [ |
||
|
||
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 71. 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 [ |
||
attend and present proof that the defendant has successfully | ||
completed a specialized driving safety course approved by the Texas | ||
Department of Licensing and Regulation [ |
||
Chapter 1001, Education Code, [ |
||
|
||
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 72. (a) The following provisions of the Education | ||
Code are repealed: | ||
(1) Section 1001.001(1); | ||
(2) Section 1001.006; | ||
(3) Section 1001.454; | ||
(4) Sections 1001.460 and 1001.461; and | ||
(5) Sections 1001.551 and 1001.552. | ||
(b) Section 521.167, Transportation Code, as added by | ||
Chapter 1413 (S.B. 1317), Acts of the 81st Legislature, Regular | ||
Session, 2009, is repealed. | ||
SECTION 73. The change in law made by this Act to Section | ||
1001.553(b), Education Code, 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 74. (a) On September 1, 2015: | ||
(1) all functions and activities relating to Chapter | ||
1001, Education Code, performed by the Texas Education Agency | ||
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 commissioner of education that relate to | ||
Chapter 1001, Education 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 reference to the Texas Education Agency in a law | ||
or administrative rule that relates to Chapter 1001, Education | ||
Code, means the Texas Commission of Licensing and Regulation or the | ||
Texas Department of Licensing and Regulation, as applicable; | ||
(4) a complaint, investigation, or other proceeding | ||
before the Texas Education Agency that is related to Chapter 1001, | ||
Education 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 Texas Education | ||
Agency in an action or proceeding to which the Texas Education | ||
Agency is a party; | ||
(5) all money, contracts, leases, property, and | ||
obligations of the Texas Education Agency related to Chapter 1001, | ||
Education Code, are transferred to the Texas Department of | ||
Licensing and Regulation; | ||
(6) all property in the custody of the Texas Education | ||
Agency related to Chapter 1001, Education Code, is transferred to | ||
the Texas Department of Licensing and Regulation; and | ||
(7) the unexpended and unobligated balance of any | ||
money appropriated by the legislature for the Texas Education | ||
Agency related to Chapter 1001, Education Code, is transferred to | ||
the Texas Department of Licensing and Regulation. | ||
(b) Before September 1, 2015, 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. | ||
SECTION 75. 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 76. This Act takes effect September 1, 2015. |