Bill Text: TX SB848 | 2017-2018 | 85th Legislature | Enrolled

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Bill Title: Relating to the licensing and regulation of providers of driver and traffic safety education.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2017-06-09 - Effective immediately [SB848 Detail]

Download: Texas-2017-SB848-Enrolled.html

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S.B. No. 848

AN ACT
relating to the licensing and regulation of providers of driver and
traffic safety education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 1001.055(a), (a-1), and (a-2),
Education Code, are amended to read as follows:
(a) The department shall provide to each licensed or exempt
driver education school and to each parent-taught course provider
approved under this chapter driver education certificates or
certificate numbers to enable the school or approved parent-taught
course provider to [print and] 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.
(a-1) A certificate [printed and] issued by a driver
education school or parent-taught course provider approved under
this chapter must:
(1) be in a form required by the department; and
(2) include an identifying certificate number
provided by the department that may be used to verify the
authenticity of the certificate with the driver education school or
approved parent-taught course provider.
(a-2) A driver education school or parent-taught course
provider approved under this chapter that purchases driver
education certificate numbers shall issue [provide for the printing
and issuance of] original and duplicate certificates in a manner
that, to the greatest extent possible, prevents the unauthorized
production or the misuse of the certificates. The driver education
school or approved parent-taught course provider shall
electronically submit to the department in the manner established
by the department data identified by the department relating to
issuance of department-approved driver education certificates with
the certificate numbers.
SECTION 2. Sections 1001.056(b), (c-1), and (g), Education
Code, are amended to read as follows:
(b) The department shall provide each licensed course
provider with course completion certificate numbers to enable the
provider to [print and] issue department-approved uniform
certificates of course completion.
(c-1) A course provider 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.
(g) A course provider shall issue a duplicate certificate by
United States mail or commercial or electronic delivery. The
commission by rule shall determine the amount of the fee for
issuance of a duplicate certificate under this subsection.
SECTION 3. Section 1001.112, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (e) to
read as follows:
(a) The commission by rule shall provide for approval of a
driver education course conducted by the following persons with the
noted relationship to [the parent, stepparent, foster parent, legal
guardian, grandparent, or step-grandparent of] a person who is
required to complete a driver education course to obtain a Class C
license:
(1) a parent, stepparent, foster parent, legal
guardian, grandparent, or step-grandparent; or
(2) an individual who:
(A) has been designated by a parent, a legal
guardian, or a judge of a court with jurisdiction over the person on
a form prescribed by the department;
(B) is at least 25 years of age or older;
(C) does not charge a fee for conducting the
course;
(D) has at least seven years of driving
experience; and
(E) otherwise qualifies to conduct a course under
Subsection (a-1).
(a-1) The rules must provide that the student driver spend a
minimum number of hours in classroom and behind-the-wheel
instruction and that the person conducting the course:
(1) possess a valid license for the preceding three
years that has not been suspended, revoked, or forfeited in the past
three years for an offense that involves the operation of a motor
vehicle;
(2) has not been convicted of:
(A) criminally negligent homicide; or
(B) driving while intoxicated in the past seven
years; and
(3) [is not disabled because of mental illness; and
[(4)] does not have six or more points assigned to the
person's driver's license under Subchapter B, Chapter 708,
Transportation Code, at the time the person begins conducting the
course.
(e) The department may not charge a fee for the submission
of proof of completion of the course or passage of an examination
under Subsection (c).
SECTION 4. 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[;
[(2) has the same name as the parent school; and
[(3) has the same ownership as the parent school].
SECTION 5. Section 1001.204(b), Education Code, is amended
to read as follows:
(b) The department shall approve an application for a driver
education school license if the application is submitted on a form
approved by the executive director, includes the fee, and on
inspection 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 instructors who have adequate educational
qualifications and experience;
(4) provides to each student before enrollment:
(A) a copy of:
(i) the refund policy;
(ii) the schedule of tuition, fees, and
other charges; and
(iii) the regulations relating to absence,
grading policy, and rules of operation and conduct; and
(B) the department's name, mailing address,
telephone number, and Internet website address for the purpose of
directing complaints to the department;
(5) maintains adequate records as prescribed by the
department to show attendance and progress or grades and enforces
satisfactory standards relating to attendance, progress, and
conduct;
(6) on completion of training, issues each student a
certificate indicating the course name and satisfactory
completion;
(7) complies with all county, municipal, state, and
federal regulations, including fire, building, and sanitation
codes and assumed name registration;
(8) is financially sound and capable of fulfilling its
commitments for training;
(9) [has owners and instructors who are of good
reputation and character;
[(10)] maintains and publishes as part of its student
enrollment contract the proper policy for the refund of the unused
portion of tuition, fees, and other charges if a student fails to
take the course or withdraws or is discontinued from the school at
any time before completion;
(10) [(11)] does not use erroneous or misleading
advertising, either by actual statement, omission, or intimation,
as determined by the department;
(11) [(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;
(12) [(13)] submits to the department for approval the
applicable course hour lengths and curriculum content for each
course offered by the school;
(13) [(14)] does not owe an administrative penalty for
a violation of this chapter; and
(14) [(15)] meets any additional criteria required by
the department.
SECTION 6. Section 1001.205(b), Education Code, is amended
to read as follows:
(b) The department shall approve an application for a
driving safety school license if the application is submitted on a
form approved by the executive director, includes the fee, and on
inspection of the premises of the school, the department determines
that the school:
(1) has driving safety courses, curricula, and
instruction of a quality, content, and length that reasonably and
adequately achieve the stated objective for which the course,
curricula, and instruction are developed by the course provider;
(2) has adequate space, equipment, instructional
material, and instructors to provide training of good quality;
(3) has instructors who have adequate educational
qualifications and experience;
(4) maintains adequate records as prescribed by the
department to show attendance and progress or grades and enforces
satisfactory standards relating to attendance, progress, and
conduct;
(5) complies with all county, municipal, state, and
federal laws, including fire, building, and sanitation codes and
assumed name registration;
(6) [has owners and instructors who are of good
reputation and character;
[(7)] does not use erroneous or misleading
advertising, either by actual statement, omission, or intimation,
as determined by the department;
(7) [(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;
(8) [(9)] maintains and uses the approved contract and
policies developed by the course provider;
(9) [(10)] does not owe an administrative penalty for
a violation of this chapter;
(10) [(11)] will not provide a driving safety course
to a person for less than $25; and
(11) [(12)] meets additional criteria required by the
department.
SECTION 7. Section 1001.206(b), Education Code, is amended
to read as follows:
(b) The department shall approve an application for a course
provider license if the application is submitted on a form approved
by the executive director, includes the fee, and on inspection of
the premises of the school the department 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, telephone number, and Internet
website address for the purpose of directing complaints to the
department;
(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 person successfully completes the course, the course provider
will issue and deliver to the person by United States mail or
commercial or electronic delivery a uniform certificate of course
completion indicating the course name and successful completion;
(6) the course provider maintains adequate records as
prescribed by the department 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;
(10) [(11)] the course provider does not use erroneous
or misleading advertising, either by actual statement, omission, or
intimation, as determined by the department;
(11) [(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;
(12) [(13)] the course provider does not owe an
administrative penalty for a violation of this chapter; and
(13) [(14)] the course provider meets additional
criteria required by the department.
SECTION 8. Section 1001.209(a), Education Code, is amended
to read as follows:
(a) Before a license [course provider] may be issued to a
course provider [a license], the course provider must provide a
corporate surety bond in the amount of $10,000 [$25,000].
SECTION 9. Section 1001.304(a), Education Code, is amended
to read as follows:
(a) An application to renew a driver education instructor or
driving safety instructor license must include evidence of
completion of continuing education [and be postmarked at least 30
days before the expiration date of the license].
SECTION 10. Section 1001.351(a), Education Code, is 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 or electronic delivery a uniform certificate of
course completion to a person who successfully completes an
approved driving safety course.
SECTION 11. Section 521.205(a), Transportation Code, as
amended by Chapter 567 (H.B. 2708), Acts of the 84th Legislature,
Regular Session, 2015, is repealed.
SECTION 12. 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, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 848 passed the Senate on
May 4, 2017, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendment on May 27, 2017, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 848 passed the House, with
amendment, on May 24, 2017, by the following vote: Yeas 146,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor