By: Hamilton H.B. No. 4499
A BILL TO BE ENTITLED
AN ACT
relating to school bus safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sec. 34.012, Education Code, is amended to read
as follows:
Sec. 34.012. THREE-POINT SEAT BELT GUIDELINES AND
INSTRUCTION; INFORMATION CLEARINGHOUSE. [(a)] The Texas Education
Agency [State Board of Education] shall:
(1) with input from school districts and parent
representatives, develop, adopt and make available to each school
district best practice guidelines and procedures concerning
three-point seat belts in school buses, including:
(A) a program and schedule of bus replacement and
upgrade;
(B) a program of instruction in the proper use of
a three-point seat belt;
(C) a program of mandatory use of three-point
seat belts in compliance with Section 34.013 of this Code;
(D) a program of accident reporting in compliance
with Section 34.015 of this Code; and
(E) compliance, if applicable, with Section
547.701, Transportation Code, if school buses originally purchased
without seat belts are used; and
(2) [.]
[(b) The State Board of Education shall] serve as a
clearinghouse of best practices for school districts seeking the
most efficient and sensible information regarding school bus
safety[, including possible compliance with Section 547.701,
Transportation Code, using school buses originally purchased
without seat belts].
SECTION 2. Chapter 34, Education Code, is amended by adding
Section 34.0121 to read as follows:
Sec. 34.0121. DISTRIBUTION AND ELIGIBILITY OF STATE FUNDS;
IMPLEMENTATION OF SEAT BELT POLICIES.
(a) Distribution of State Funds. The Texas Education Agency
shall:
(1) distribute state funds, in an efficient and
equitable manner, to reimburse eligible school districts for the
purchase of three-point seat belts to meet the requirements of Sec.
547.701, Transportation Code; and
(2) establish limits to the amount of reimbursement
based on the type of bus being equipped, the amount of state funding
available and competitive bid pricing.
(b) Eligibility to Receive State Funds. Before a school
district may become eligible to receive state funds under this
section, the school district must:
(1) implement a school district bus replacement plan
and schedule consistent with Texas Education Agency policy
guidelines;
(2) implement a policy of mandatory instruction in the
proper use of a three-point seat belts in school district buses
consistent with Texas Education Agency policy guidelines;
(3) implement a policy for mandatory use of
three-point seat belts in school district buses in compliance with
Sec. 34.013 of this Code;
(4) provide evidence that the three-point seat belts
purchased conform to federal motor vehicle safety and performance
standards; and
(5) if purchasing buses independently of the
cooperative purchasing program, provide to Texas Education Agency,
documentation of the price paid to purchase school buses.
SECTION 3. The heading to Section 34.014, Education Code,
is amended to read as follows:
Sec. 34.014. CHARITABLE FUNDING FOR THREE-POINT SEAT BELTS.
SECTION 4. Section 547.701, Transportation Code is amended
to read as follows:
Sec. 547.701. ADDITIONAL EQUIPMENT REQUIREMENTS FOR SCHOOL
BUSES AND OTHER BUSES USED TO TRANSPORT SCHOOLCHILDREN. (a) A
school bus shall be equipped with:
(1) a convex mirror or other device that reflects to
the school bus operator a clear view of the area immediately in
front of the vehicle that would otherwise be hidden from view; and
(2) signal lamps that:
(A) are mounted as high and as widely spaced
laterally as practicable;
(B) display four alternately flashing red
lights, two located on the front at the same level and two located
on the rear at the same level; and
(C) emit a light visible at a distance of 500 feet
in normal sunlight.
(b) A school bus may be equipped with:
(1) rooftop warning lamps:
(A) that conform to and are placed on the bus in
accordance with specifications adopted under Section 34.002,
Education Code; and
(B) that are operated under rules adopted by the
school district; and
(2) movable stop arms:
(A) that conform to regulations adopted under
Section 34.002, Education Code; and
(B) that may be operated only when the bus is
stopped to load or unload students.
(c) When a school bus is being stopped or is stopped on a
highway to permit students to board or exit the bus, the operator of
the bus shall activate all flashing warning signal lights and other
equipment on the bus designed to warn other drivers that the bus is
stopping to load or unload children. A person may not operate such
a light or other equipment except when the bus is being stopped or
is stopped on a highway to permit students to board or exit the bus.
(d) The exterior of a school bus may not bear advertising or
another paid announcement directed at the public if the advertising
or announcement distracts from the effectiveness of required safety
warning equipment. The department shall adopt rules to implement
this subsection. A school bus that violates this section or rules
adopted under this section shall be placed out of service until it
complies.
(e) In this subsection, "bus" includes a school bus and a
school activity bus. A bus operated by or contracted for use by a
school district for the transportation of schoolchildren shall be
equipped with a three-point seat belt for each passenger, including
the operator, conforming to federal motor vehicle safety and
performance standards. This subsection applies to:
(1) each bus purchased by a school district on or after
September 1, 2010, for the transportation of schoolchildren; and
(2) each school-chartered bus contracted for use by a
school district on or after September 1, 2011, for the
transportation of schoolchildren.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all 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, 2009.