Texas 2009 - 81st Regular

Texas House Bill HB4499 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Hamilton H.B. No. 4499
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to school bus safety.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Sec. 34.012, Education Code, is amended to read
9	9	as follows:
10	10	Sec. 34.012. THREE-POINT SEAT BELT GUIDELINES AND
11	11	INSTRUCTION; INFORMATION CLEARINGHOUSE. [(a)] The Texas Education
12	12	Agency [State Board of Education] shall:
13	13	(1) with input from school districts and parent
14	14	representatives, develop, adopt and make available to each school
15	15	district best practice guidelines and procedures concerning
16	16	three-point seat belts in school buses, including:
17	17	(A) a program and schedule of bus replacement and
18	18	upgrade;
19	19	(B) a program of instruction in the proper use of
20	20	a three-point seat belt;
21	21	(C) a program of mandatory use of three-point
22	22	seat belts in compliance with Section 34.013 of this Code;
23	23	(D) a program of accident reporting in compliance
24	24	with Section 34.015 of this Code; and
25	25	(E) compliance, if applicable, with Section
26	26	547.701, Transportation Code, if school buses originally purchased
27	27	without seat belts are used; and
28	28	(2) [.]
29	29	[(b) The State Board of Education shall] serve as a
30	30	clearinghouse of best practices for school districts seeking the
31	31	most efficient and sensible information regarding school bus
32	32	safety[, including possible compliance with Section 547.701,
33	33	Transportation Code, using school buses originally purchased
34	34	without seat belts].
35	35	SECTION 2. Chapter 34, Education Code, is amended by adding
36	36	Section 34.0121 to read as follows:
37	37	Sec. 34.0121. DISTRIBUTION AND ELIGIBILITY OF STATE FUNDS;
38	38	IMPLEMENTATION OF SEAT BELT POLICIES.
39	39	(a) Distribution of State Funds. The Texas Education Agency
40	40	shall:
41	41	(1) distribute state funds, in an efficient and
42	42	equitable manner, to reimburse eligible school districts for the
43	43	purchase of three-point seat belts to meet the requirements of Sec.
44	44	547.701, Transportation Code; and
45	45	(2) establish limits to the amount of reimbursement
46	46	based on the type of bus being equipped, the amount of state funding
47	47	available and competitive bid pricing.
48	48	(b) Eligibility to Receive State Funds. Before a school
49	49	district may become eligible to receive state funds under this
50	50	section, the school district must:
51	51	(1) implement a school district bus replacement plan
52	52	and schedule consistent with Texas Education Agency policy
53	53	guidelines;
54	54	(2) implement a policy of mandatory instruction in the
55	55	proper use of a three-point seat belts in school district buses
56	56	consistent with Texas Education Agency policy guidelines;
57	57	(3) implement a policy for mandatory use of
58	58	three-point seat belts in school district buses in compliance with
59	59	Sec. 34.013 of this Code;
60	60	(4) provide evidence that the three-point seat belts
61	61	purchased conform to federal motor vehicle safety and performance
62	62	standards; and
63	63	(5) if purchasing buses independently of the
64	64	cooperative purchasing program, provide to Texas Education Agency,
65	65	documentation of the price paid to purchase school buses.
66	66	SECTION 3. The heading to Section 34.014, Education Code,
67	67	is amended to read as follows:
68	68	Sec. 34.014. CHARITABLE FUNDING FOR THREE-POINT SEAT BELTS.
69	69	SECTION 4. Section 547.701, Transportation Code is amended
70	70	to read as follows:
71	71	Sec. 547.701. ADDITIONAL EQUIPMENT REQUIREMENTS FOR SCHOOL
72	72	BUSES AND OTHER BUSES USED TO TRANSPORT SCHOOLCHILDREN. (a) A
73	73	school bus shall be equipped with:
74	74	(1) a convex mirror or other device that reflects to
75	75	the school bus operator a clear view of the area immediately in
76	76	front of the vehicle that would otherwise be hidden from view; and
77	77	(2) signal lamps that:
78	78	(A) are mounted as high and as widely spaced
79	79	laterally as practicable;
80	80	(B) display four alternately flashing red
81	81	lights, two located on the front at the same level and two located
82	82	on the rear at the same level; and
83	83	(C) emit a light visible at a distance of 500 feet
84	84	in normal sunlight.
85	85	(b) A school bus may be equipped with:
86	86	(1) rooftop warning lamps:
87	87	(A) that conform to and are placed on the bus in
88	88	accordance with specifications adopted under Section 34.002,
89	89	Education Code; and
90	90	(B) that are operated under rules adopted by the
91	91	school district; and
92	92	(2) movable stop arms:
93	93	(A) that conform to regulations adopted under
94	94	Section 34.002, Education Code; and
95	95	(B) that may be operated only when the bus is
96	96	stopped to load or unload students.
97	97	(c) When a school bus is being stopped or is stopped on a
98	98	highway to permit students to board or exit the bus, the operator of
99	99	the bus shall activate all flashing warning signal lights and other
100	100	equipment on the bus designed to warn other drivers that the bus is
101	101	stopping to load or unload children. A person may not operate such
102	102	a light or other equipment except when the bus is being stopped or
103	103	is stopped on a highway to permit students to board or exit the bus.
104	104	(d) The exterior of a school bus may not bear advertising or
105	105	another paid announcement directed at the public if the advertising
106	106	or announcement distracts from the effectiveness of required safety
107	107	warning equipment. The department shall adopt rules to implement
108	108	this subsection. A school bus that violates this section or rules
109	109	adopted under this section shall be placed out of service until it
110	110	complies.
111	111	(e) In this subsection, "bus" includes a school bus and a
112	112	school activity bus. A bus operated by or contracted for use by a
113	113	school district for the transportation of schoolchildren shall be
114	114	equipped with a three-point seat belt for each passenger, including
115	115	the operator, conforming to federal motor vehicle safety and
116	116	performance standards. This subsection applies to:
117	117	(1) each bus purchased by a school district on or after
118	118	September 1, 2010, for the transportation of schoolchildren; and
119	119	(2) each school-chartered bus contracted for use by a
120	120	school district on or after September 1, 2011, for the
121	121	transportation of schoolchildren.
122	122	SECTION 5. This Act takes effect immediately if it receives
123	123	a vote of two-thirds of all members elected to each house, as
124	124	provided by Section 39, Article III, Texas Constitution. If this
125	125	Act does not receive the vote necessary for immediate effect, this
126	126	Act takes effect September 1, 2009.