82R9037 KJM-F
By: Wentworth S.B. No. 1114
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of driver training schools and
instruction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 1001.055, Education Code,
is amended to read as follows:
Sec. 1001.055. DRIVER EDUCATION CERTIFICATES AND
CERTIFICATE NUMBERS.
SECTION 2. Section 1001.055, Education Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsections
(a-1), (a-2), and (a-3) to read as follows:
(a) The agency shall provide [print and supply] to each
licensed or exempt driver education school driver education
certificates or certificate numbers to enable the school to print
and issue agency-approved driver education certificates with the
certificate numbers to be used for certifying completion of an
approved driver education course to satisfy the requirements of
Sections 521.204(a)(2) and 521.1601, Transportation Code. [The
certificates must be numbered serially.]
(a-1) A certificate printed and issued by a driver education
school must:
(1) be in a form required by the agency; and
(2) include an identifying certificate number
provided by the agency that may be used to verify the authenticity
of the certificate with the driver education school.
(a-2) A driver education school that purchases driver
education certificate numbers 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. The driver education
school shall electronically submit to the agency in the manner
established by the agency data identified by the agency relating to
issuance of agency-approved driver education certificates with the
certificate numbers.
(a-3) Certificate numbers must be in serial order so that
the number on each issued certificate is unique.
(b) The agency by rule shall provide for the design and
distribution of the certificates and certificate numbers in a
manner that, to the greatest extent possible, prevents the
unauthorized reproduction or misuse of the certificates or
certificate numbers.
(c) The agency may charge a fee of not more than $4 for each
certificate or certificate number.
SECTION 3. Section 1001.151, Education Code, is amended by
adding Subsection (n) to read as follows:
(n) A submission for approval of a curriculum under Section
1001.253(e) for a supervising instructor development program for
supervising instructors that has not been evaluated by the
commissioner or under Section 1001.253(f) for an instructor
development program for driver education instructors that has not
been evaluated by the agency or that requires reexamination under
Section 1001.253(i) must be accompanied by a nonrefundable fee in
an amount the commissioner considers appropriate, not to exceed the
amount sufficient to cover the costs of considering the submission.
SECTION 4. Section 1001.253, Education Code, is amended by
amending Subsections (c), (d), (e), and (f) and adding Subsections
(g), (h), and (i) to read as follows:
(c) A person who holds a driver education instructor license
authorizing behind-the-wheel training may not be approved to teach
[assist a classroom instructor in] the classroom phase of driver
education unless the person has:
(1) successfully completed the three additional
semester hours of training required for a classroom instructor or a
program of study in driver education approved by the commissioner;
and
(2) met all requirements under Subsection (d).
(d) Except as provided by Section 1001.254, a driver
education instructor license authorizing a person to teach or
provide classroom training may not be issued unless the person[:
[(1)] has completed nine semester hours of driver and
traffic safety education or a program of study in driver education
approved by the commissioner from an approved driver education
school[;] and:
(1) [(2)] holds a teaching certificate and any
additional certification required to teach driver education; or
(2) has adequate education qualifications and
experience to conduct classroom training, as determined by the
commissioner.
(e) A driver education instructor who has met [completed]
the educational requirements prescribed by Subsection (d)(1) or (2)
may not teach instructor training classes unless the instructor has
successfully completed a supervising instructor development
program consisting of at least three [six] additional semester
hours or a program of study in driver education approved by the
commissioner that includes administering driver education programs
and supervising and administering traffic safety education.
(f) A driver education school may submit for agency approval
a curriculum for an instructor development program for driver
education instructors. The program must:
(1) be taught by a person who has completed a
supervising instructor development program under Subsection (e);
(2) ensure that any individual assisting the
supervising instructor in the instructor development program for
driver education instructors meets the requirements under
Subsection (g); and
(3) [(2)] satisfy the requirements of this section for
the particular program or type of training to be provided.
(g) An individual certified under standards established
under Subsection (a) may assist a supervising instructor in an
instructor development program for driver education instructors if
the individual:
(1) meets all requirements for the individual's level
of certification; and
(2) receives appropriate training as determined by the
commissioner to assist in the instructor development program.
(h) A driver education school may provide all or part of the
classroom portion of a curriculum approved under Subsection (f) for
an instructor development program for driver education instructors
by an alternative method of instruction that does not require
students to be present in a classroom if the commissioner approves
the alternative method.
(i) Notwithstanding Section 1001.454, the commissioner may
reexamine an approved instructor development program for driver
education instructors if the commissioner believes that the driver
education school that provides the program has violated this
chapter or a rule adopted under this chapter. The school shall pay
the costs of the reexamination as prescribed under Section
1001.151(n).
SECTION 5. Section 1001.304, Education Code, is amended by
adding Subsection (d) to read as follows:
(d) An individual applying to renew a license under
Subsection (a) may complete an approved continuing education course
by an alternative method that does not require instructors to be
present in a classroom if the commissioner approves the alternative
method.
SECTION 6. Section 1001.401, Education Code, is amended to
read as follows:
Sec. 1001.401. CANCELLATION AND SETTLEMENT POLICY. As a
condition for obtaining a driver education school license or course
provider license, the school or course provider must maintain a
cancellation and settlement policy that provides a full refund of
all money paid by a student if:
(1) the student cancels the enrollment contract before
midnight of the third day, other than a Saturday, Sunday, or legal
holiday, after the date the enrollment contract is signed by the
student, unless the student:
(A) successfully completes the course;
(B) [or] receives a failing grade on the course
examination; or
(C) attends any portion of a driver education
program offered by the school or course provider, in which case the
school or course provider shall provide a refund to the student
under this subchapter; or
(2) the enrollment of the student was procured as a
result of a misrepresentation in:
(A) advertising or promotional materials of the
school or course provider; or
(B) a representation made by an owner or employee
of the school or course provider.
SECTION 7. Section 1001.402(b), Education Code, is amended
to read as follows:
(b) The policy must provide that:
(1) refunds are based on the period of enrollment
computed on the basis of course time expressed in clock hours;
(2) the effective date of the termination for refund
purposes is the earlier [earliest] of:
(A) the last day of attendance, if the student's
enrollment is terminated by the school; or
(B) the date the school receives written notice
from the student; [or
[(C) the 10th school day after the last day of
attendance;]
(3) if tuition is collected in advance of entrance and
if a student does not enter the school, terminates enrollment, or
withdraws, the school:
(A) may retain not more than $50 as an
administrative expense; and
(B) shall refund that portion of the student's
remaining classroom tuition and fees and behind-the-wheel tuition
and fees that corresponds to services the student does not receive;
(4) the school shall refund items of extra expense to
the student, including instructional supplies, books, laboratory
fees, service charges, rentals, deposits, and all other charges not
later than the 30th day after the effective date of enrollment
termination if:
(A) the extra expenses are separately stated and
shown in the information provided to the student before enrollment;
and
(B) the student returns to the school any school
property in the student's possession; and
(5) refunds shall be completed not later than the 30th
day after the effective date of enrollment termination.
SECTION 8. Not later than January 1, 2012, the commissioner
of education shall adopt rules as necessary to implement the
changes in law made by this Act.
SECTION 9. This Act takes effect September 1, 2011.