82R7848 JRJ-D
By: Smithee H.B. No. 3769
A BILL TO BE ENTITLED
AN ACT
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 [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 driver training
[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 driver training [driving
safety] school the name, mailing address, and telephone number of
the agency for the purpose of directing complaints to the agency;
(4) a copy of the information provided to each driver
training [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
the person successfully completes a driving safety [the] course,
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.