Texas 2013 - 83rd Regular

Texas House Bill HB1190 Latest Draft

Bill / Introduced Version

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                            83R1799 JRJ-D
 By: Flynn H.B. No. 1190


 A BILL TO BE ENTITLED
 AN ACT
 relating to statutory minimum fees for driving safety courses.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 1001.205, Education Code, is amended to
 read as follows:
 Sec. 1001.205.  REQUIREMENTS FOR DRIVING SAFETY SCHOOL
 LICENSE. The commissioner shall approve an application for a
 driving safety school license if on investigation the agency
 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 and administrators who have
 adequate educational qualifications and experience;
 (4)  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;
 (5)  complies with all county, municipal, state, and
 federal laws, including fire, building, and sanitation codes and
 assumed name registration;
 (6)  has administrators, 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 commissioner;
 (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 commissioner;
 (9)  maintains and uses the approved contract and
 policies developed by the course provider;
 (10)  does not owe an administrative penalty under this
 chapter;
 [(11)   will not provide a driving safety course to a
 person for less than $25;] and
 (11) [(12)]  meets additional criteria required by the
 commissioner.
 SECTION 2.  Section 1001.352, Education Code, is amended to
 read as follows:
 Sec. 1001.352.  FEES FOR DRIVING SAFETY COURSE. A course
 provider shall charge each student[:
 [(1) at least $25 for a driving safety course; and
 [(2)] a fee of at least $3 for driving safety course
 materials and for supervising and administering the course.
 SECTION 3.  The change in law made by this Act to Section
 1001.205, Education Code, applies only to an application for a
 driving safety school license submitted on or after the effective
 date of this Act. An application for a driving safety school
 license submitted before the effective date of this Act is governed
 by the law in effect immediately before the effective date of this
 Act, and that law is continued in effect for that purpose.
 SECTION 4.  The change in law made by this Act to Section
 1001.352, Education Code, applies only to a driving safety course
 provided on or after the effective date of this Act. A course
 provided before the effective date of this Act is governed by the
 law in effect immediately before the effective date of this Act, and
 the former law is continued in effect for that purpose.
 SECTION 5.  This Act takes effect September 1, 2013.