Bill Text: TX HB3769 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to allowing driver education courses to be delivered by course providers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-23 - Referred to Public Education [HB3769 Detail]
Download: Texas-2011-HB3769-Introduced.html
82R7848 JRJ-D | ||
By: Smithee | H.B. No. 3769 |
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relating to allowing driver education courses to be delivered by | ||
course providers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1001.001(4), Education Code, is amended | ||
to read as follows: | ||
(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 or a driver education course from the commissioner or has | ||
been designated by a person who has received that approval to | ||
conduct business and represent the person in this state. | ||
SECTION 2. Section 1001.206, Education Code, is amended to | ||
read as follows: | ||
Sec. 1001.206. REQUIREMENTS FOR COURSE PROVIDER LICENSE. | ||
The commissioner shall approve an application for a course provider | ||
license if on investigation the agency determines that: | ||
(1) the course provider has an approved course that at | ||
least one licensed driver training [ |
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willing to offer; | ||
(2) the course provider has adequate educational | ||
qualifications and experience; | ||
(3) the course provider will: | ||
(A) develop and provide to each driver training | ||
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(i) the refund policy; and | ||
(ii) the regulations relating to absence, | ||
grading policy, and rules of operation and conduct; and | ||
(B) provide to the driver training [ |
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the agency for the purpose of directing complaints to the agency; | ||
(4) a copy of the information provided to each driver | ||
training [ |
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provided to each student by the school before enrollment; | ||
(5) not later than the 15th working day after the date | ||
the person successfully completes a driving safety [ |
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the course provider will mail a uniform certificate of course | ||
completion to the person indicating the course name and successful | ||
completion; | ||
(6) the course provider maintains adequate records as | ||
prescribed by the commissioner to show attendance and progress or | ||
grades and enforces satisfactory standards relating to attendance, | ||
progress, and conduct; | ||
(7) the course provider complies with all county, | ||
municipal, state, and federal laws, including assumed name | ||
registration and other applicable requirements; | ||
(8) the course provider is financially sound and | ||
capable of fulfilling its commitments for training; | ||
(9) the course provider is of good reputation and | ||
character; | ||
(10) the course provider maintains and publishes as a | ||
part of its student enrollment contract the proper policy for the | ||
refund of the unused portion of tuition, fees, and other charges if | ||
a student fails to take the course or withdraws or is discontinued | ||
from the school at any time before completion; | ||
(11) the course provider does not use erroneous or | ||
misleading advertising, either by actual statement, omission, or | ||
intimation, as determined by the commissioner; | ||
(12) the course provider does not use a name similar to | ||
the name of another existing school or tax-supported educational | ||
institution in this state, unless specifically approved in writing | ||
by the commissioner; | ||
(13) the course provider does not owe an | ||
administrative penalty under this chapter; and | ||
(14) the course provider meets additional criteria | ||
required by the commissioner. | ||
SECTION 3. Section 1001.351, Education Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) A course provider shall meet all requirements of this | ||
chapter in providing a driver education course. | ||
SECTION 4. This Act takes effect immediately if it 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, this | ||
Act takes effect September 1, 2011. |