Bill Text: TX SB478 | 2023-2024 | 88th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relating to the administration of the motorcycle operator training and safety program and requirements for the issuance of certain driver's licenses and commercial driver's licenses; requiring an occupational license; authorizing a fee.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2023-05-29 - See remarks for effective date [SB478 Detail]

Download: Texas-2023-SB478-Comm_Sub.html

---

By: Zaffirini, et al. S.B. No. 478
(King of Hemphill)

A BILL TO BE ENTITLED
AN ACT
relating to the administration of the motorcycle operator training
and safety program and requirements for the issuance of certain
driver's licenses and commercial driver's licenses; requiring an
occupational license; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 521.148, Transportation Code, is amended
by adding Subsection (d) to read as follows:
(d) This section does not apply to a person who holds a valid
driver's license issued by another state that includes an
authorization to operate a motorcycle.
SECTION 2. 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; EXCEPTION. (a)
Subject to Subsection (b), the [The] department may not issue a
driver's license to a person who is younger than 25 years of age
unless the person submits to the department a driver education
certificate issued under Chapter 1001, Education Code, that states
that the person has completed and passed:
(1) a driver education and traffic safety course
conducted by an entity exempt from licensure under Section
1001.002, Education Code, or a driver education course approved by
the Texas Department of Licensing and Regulation under Chapter
1001, Education Code; 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 under Section 1001.101 or 1001.1015, Education Code.
(b) This section does not apply to a person who holds a valid
driver's license issued by another state.
SECTION 3. Section 522.034, Transportation Code, is amended
by adding Subsection (d) to read as follows:
(d) Subsections (a) and (b) do not apply to a person who
holds a valid driver's license issued by another state that
includes an authorization to operate a motorcycle.
SECTION 4. Section 662.0005, Transportation Code, is
amended by adding Subdivisions (4-a) and (4-b) and amending
Subdivision (5) to read as follows:
(4-a) "Instructor training course" means a course
offered by an instructor training provider to prepare an individual
for licensure as an instructor.
(4-b) "Instructor training provider" means an
individual who holds a license issued under this chapter that
entitles the individual to offer and conduct instructor training
courses for consideration.
(5) "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 5. Section 662.0035, Transportation Code, is
amended to read as follows:
Sec. 662.0035. FEES. The commission may set fees in
amounts reasonable and necessary to cover the costs of
administering this chapter, including fees for:
(1) the issuance and renewal of:
(A) [a] motorcycle school licenses;
(B) [license and] instructor licenses; and
(C) instructor training provider licenses
[license]; and
(2) the approval of:
(A) [courses provided under the] motorcycle
operation [operator training] and safety courses; and
(B) instructor training courses [program].
SECTION 6. Section 662.0037(b), Transportation Code, is
amended to read as follows:
(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 an [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 member who is an instructor training provider
[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.
SECTION 7. Section 662.005(a), Transportation Code, is
amended to read as follows:
(a) The department may contract with qualified persons,
including institutions of higher education, as necessary to achieve
the purposes of this chapter [:
[(1) offer and conduct motorcycle operator training
and safety courses under the program; or
[(2) research motorcycle safety in this state].
SECTION 8. Section 662.0062, Transportation Code, is
amended by amending Subsections (a) and (b) and adding Subsections
(a-1) and (b-1) to read as follows:
(a) To be eligible for an instructor license, an applicant
must:
(1) have completed a department-approved instructor
[commission-approved] training course [program on motorcycle
operator training and safety instruction administered by the Texas
A&M Engineering Extension Service]; and
(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].
(a-1) The department may not issue an instructor license or
instructor training provider license to an individual who has been
convicted of:
(1) during the preceding three years:
(A) three or more moving violations described by
Section 542.304 or a comparable offense committed in another state,
including violations that resulted in an accident; or
(B) two or more moving violations described by
Section 542.304 or a comparable offense committed in another state
that resulted in an accident; or
(2) during the preceding seven years, an offense under
Chapter 49, Penal Code, other than an offense under Section 49.02,
Penal Code, or Section 49.031, Penal Code, or a comparable offense
committed in another state.
(b) The commission by rule may adopt additional
requirements for issuance or renewal of an instructor license.
(b-1) To be eligible for the issuance or renewal of an
instructor training provider license, an applicant must:
(1) 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
(2) meet any additional requirement adopted by rule by
the commission, including a requirement to hold a license or
certification or pass an examination.
SECTION 9. Chapter 662, Transportation Code, is amended by
adding Section 662.0063 to read as follows:
Sec. 662.0063. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR LICENSE ISSUANCE. (a) The department shall
require that an applicant for an instructor license or instructor
training provider license submit a complete and legible set of
fingerprints, on a form prescribed by the executive director, to
the department or to the Department of Public Safety for the purpose
of obtaining criminal history record information from the
Department of Public Safety and the Federal Bureau of
Investigation.
(b) The department may not issue an instructor license or
instructor training provider license to a person who does not
comply with the requirement of Subsection (a).
(c) The department shall conduct a criminal history record
information check of each applicant for an instructor license or
instructor training provider license using information:
(1) provided by the individual under this section; and
(2) made available to the department by the Department
of Public Safety, the Federal Bureau of Investigation, and any
other criminal justice agency under Chapter 411, Government Code.
(d) The department may:
(1) enter into an agreement with the Department of
Public Safety to administer a criminal history record information
check required under this section; and
(2) authorize the Department of Public Safety to
collect from each applicant the costs incurred by the Department of
Public Safety in conducting the criminal history record information
check.
SECTION 10. Section 662.0064, Transportation Code, is
amended to read as follows:
Sec. 662.0064. INSTRUCTOR TRAINING COURSES [;
ADMINISTRATOR]. (a) An individual may not offer or conduct an
instructor training course unless the individual holds an
instructor training provider license issued by the department.
(b) An instructor training course must be:
(1) approved by the department;
(2) offered and conducted in accordance with
commission rules; and
(3) conducted at a motorcycle school.
(c) The commission by rule shall establish minimum
curriculum standards for instructor training courses to be offered
to meet the requirement of [Texas A&M Engineering Extension
Service, in consultation with the department, shall administer the
training program required by] Section 662.0062(a)(1).
SECTION 11. Section 662.008, Transportation Code, is
amended to read as follows:
Sec. 662.008. GROUNDS FOR DISCIPLINARY ACTION [DENIAL,
SUSPENSION, OR REVOCATION OF INSTRUCTOR OR MOTORCYCLE SCHOOL
LICENSE]. (a) The executive director or commission may deny an
application for or for the renewal of, suspend, or revoke a license
issued under this chapter if the applicant, instructor, instructor
training provider, or motorcycle school:
(1) does not satisfy the requirements established
under this chapter to receive or retain the license;
(2) permits fraud or engages in a fraudulent practice
with reference to an application for the license;
(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.
(b) A proceeding under this section is a contested case
under Chapter 2001, Government Code [Following denial of an
application for a license or the suspension or revocation of a
license issued under this chapter, notice and opportunity for a
hearing must be given as provided by:
[(1) Chapter 2001, Government Code; and
[(2) Chapter 53, Occupations Code].
SECTION 12. Section 662.011(b), Transportation Code, is
amended 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; and
(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].
SECTION 13. Section 662.012, Transportation Code, is
amended to read as follows:
Sec. 662.012. REPORTS. (a) The department may [shall]
require each motorcycle school to report on the school's program in
the form and manner prescribed by the department. [The report must
include:
[(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 program in the reporting 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 reasonably
requires.]
(a-1) The department may require each instructor training
provider to report on instructor training courses offered by the
provider in the form and manner prescribed by the department.
(b) If the department requires a motorcycle school or
instructor training provider to submit a report under this section,
the [The] department shall specify the information that must be
included in the report [maintain the reports submitted under
Subsection (a) on a by-site basis].
(c) The department shall provide without charge a copy of
the most recent reports submitted under this section [Subsection
(a)] to any member of the legislature on request.
SECTION 14. Section 1001.055(a), Education Code, is amended
to read as follows:
(a) The department shall provide to each licensed driver
education provider or exempt driver education school driver
education certificates or certificate numbers to enable the
provider or school to issue department-approved driver education
certificates to certify completion of an approved driver education
course and satisfy the requirements of Sections 521.204(a)(2)[,
Transportation Code, 521.1601, Transportation Code, as added by
Chapter 1253 (H.B. 339), Acts of the 81st Legislature, Regular
Session, 2009,] and 521.1601, Transportation Code[, as added by
Chapter 1413 (S.B. 1317), Acts of the 81st Legislature, Regular
Session, 2009].
SECTION 15. Section 521.1601, Transportation Code, as added
by Chapter 1253 (H.B. 339), Acts of the 81st Legislature, Regular
Session, 2009, is repealed.
SECTION 16. Section 662.0115, Transportation Code, is
repealed.
SECTION 17. (a) Except as otherwise provided by this
section, this Act takes effect January 1, 2024.
(b) This section and Sections 1, 2, 3, 14, and 15 of this Act
take effect September 1, 2023.