TX
Texas House Bill HB3023

Texas 2017 - 85th Regular

Texas House Bill HB3023 Compare Versions

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11 85R11832 JAM-F
22 By: Frullo H.B. No. 3023
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the licensing and regulation of providers of driver and
88 traffic safety education.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Sections 1001.055(a), (a-1), and (a-2),
1111 Education Code, are amended to read as follows:
1212 (a) The department shall provide to each licensed or exempt
1313 driver education school and to each parent-taught course provider
1414 approved under this chapter driver education certificates or
1515 certificate numbers to enable the school or approved parent-taught
1616 course provider to [print and] issue department-approved driver
1717 education certificates to certify completion of an approved driver
1818 education course and satisfy the requirements of Sections
1919 521.204(a)(2), Transportation Code, 521.1601, Transportation Code,
2020 as added by Chapter 1253 (H.B. 339), Acts of the 81st Legislature,
2121 Regular Session, 2009, and 521.1601, Transportation Code, as added
2222 by Chapter 1413 (S.B. 1317), Acts of the 81st Legislature, Regular
2323 Session, 2009.
2424 (a-1) A certificate [printed and] issued by a driver
2525 education school or parent-taught course provider approved under
2626 this chapter must:
2727 (1) be in a form required by the department; and
2828 (2) include an identifying certificate number
2929 provided by the department that may be used to verify the
3030 authenticity of the certificate with the driver education school or
3131 approved parent-taught course provider.
3232 (a-2) A driver education school or parent-taught course
3333 provider approved under this chapter that purchases driver
3434 education certificate numbers shall issue [provide for the printing
3535 and issuance of] original and duplicate certificates in a manner
3636 that, to the greatest extent possible, prevents the unauthorized
3737 production or the misuse of the certificates. The driver education
3838 school or approved parent-taught course provider shall
3939 electronically submit to the department in the manner established
4040 by the department data identified by the department relating to
4141 issuance of department-approved driver education certificates with
4242 the certificate numbers.
4343 SECTION 2. Section 1001.056, Education Code, is amended by
4444 amending Subsections (b), (c-1), and (g) to read as follows:
4545 (b) The department shall provide each licensed course
4646 provider with course completion certificate numbers to enable the
4747 provider to [print and] issue department-approved uniform
4848 certificates of course completion.
4949 (c-1) A course provider shall provide for the [printing and]
5050 issuance of original and duplicate certificates in a manner that,
5151 to the greatest extent possible, prevents the unauthorized
5252 production or the misuse of the certificates.
5353 (g) A course provider shall issue a duplicate certificate by
5454 United States mail or commercial or electronic delivery. The
5555 commission by rule shall determine the amount of the fee for
5656 issuance of a duplicate certificate under this subsection.
5757 SECTION 3. Section 1001.112, Education Code, is amended by
5858 amending Subsection (a) and adding Subsection (a-1) to read as
5959 follows:
6060 (a) The commission by rule shall provide for approval of a
6161 driver education course conducted by the following persons with the
6262 noted relationship to [the parent, stepparent, foster parent, legal
6363 guardian, grandparent, or step-grandparent of] a person who is
6464 required to complete a driver education course to obtain a Class C
6565 license:
6666 (1) a parent, stepparent, foster parent, legal
6767 guardian, grandparent, or step-grandparent; or
6868 (2) an individual who has been granted power of
6969 attorney by a parent or legal guardian.
7070 (a-1) The rules must provide that the student driver spend a
7171 minimum number of hours in classroom and behind-the-wheel
7272 instruction and that the person conducting the course:
7373 (1) possess a valid license for the preceding three
7474 years that has not been suspended, revoked, or forfeited in the past
7575 three years for an offense that involves the operation of a motor
7676 vehicle;
7777 (2) has not been convicted of:
7878 (A) criminally negligent homicide; or
7979 (B) driving while intoxicated in the past seven
8080 years; and
8181 (3) [is not disabled because of mental illness; and
8282 [(4)] does not have six or more points assigned to the
8383 person's driver's license under Subchapter B, Chapter 708,
8484 Transportation Code, at the time the person begins conducting the
8585 course.
8686 SECTION 4. Section 1001.202(b), Education Code, is amended
8787 to read as follows:
8888 (b) A driving safety school may use multiple classroom
8989 locations to teach a driving safety course if each location[:
9090 [(1)] is approved by the [parent school and the]
9191 department[;
9292 [(2) has the same name as the parent school; and
9393 [(3) has the same ownership as the parent school].
9494 SECTION 5. Section 1001.204(b), Education Code, is amended
9595 to read as follows:
9696 (b) The department shall approve an application for a driver
9797 education school license if the application is submitted on a form
9898 approved by the executive director, includes the fee, and on
9999 inspection of the premises of the school, it is determined that the
100100 school:
101101 (1) has courses, curricula, and instruction of a
102102 quality, content, and length that reasonably and adequately achieve
103103 the stated objective for which the courses, curricula, and
104104 instruction are offered;
105105 (2) has adequate space, equipment, instructional
106106 material, and instructors to provide training of good quality in
107107 the classroom and behind the wheel;
108108 (3) has instructors who have adequate educational
109109 qualifications and experience;
110110 (4) provides to each student before enrollment:
111111 (A) a copy of:
112112 (i) the refund policy;
113113 (ii) the schedule of tuition, fees, and
114114 other charges; and
115115 (iii) the regulations relating to absence,
116116 grading policy, and rules of operation and conduct; and
117117 (B) the department's name, mailing address,
118118 telephone number, and Internet website address for the purpose of
119119 directing complaints to the department;
120120 (5) maintains adequate records as prescribed by the
121121 department to show attendance and progress or grades and enforces
122122 satisfactory standards relating to attendance, progress, and
123123 conduct;
124124 (6) on completion of training, issues each student a
125125 certificate indicating the course name and satisfactory
126126 completion;
127127 (7) complies with all county, municipal, state, and
128128 federal regulations, including fire, building, and sanitation
129129 codes and assumed name registration;
130130 (8) is financially sound and capable of fulfilling its
131131 commitments for training;
132132 (9) [has owners and instructors who are of good
133133 reputation and character;
134134 [(10)] maintains and publishes as part of its student
135135 enrollment contract the proper policy for the refund of the unused
136136 portion of tuition, fees, and other charges if a student fails to
137137 take the course or withdraws or is discontinued from the school at
138138 any time before completion;
139139 (10) [(11)] does not use erroneous or misleading
140140 advertising, either by actual statement, omission, or intimation,
141141 as determined by the department;
142142 (11) [(12)] does not use a name similar to the name of
143143 another existing school or tax-supported educational institution
144144 in this state, unless specifically approved in writing by the
145145 executive director;
146146 (12) [(13)] submits to the department for approval the
147147 applicable course hour lengths and curriculum content for each
148148 course offered by the school;
149149 (13) [(14)] does not owe an administrative penalty for
150150 a violation of this chapter; and
151151 (14) [(15)] meets any additional criteria required by
152152 the department.
153153 SECTION 6. Section 1001.205(b), Education Code, is amended
154154 to read as follows:
155155 (b) The department shall approve an application for a
156156 driving safety school license if the application is submitted on a
157157 form approved by the executive director, includes the fee, and on
158158 inspection of the premises of the school, the department determines
159159 that the school:
160160 (1) has driving safety courses, curricula, and
161161 instruction of a quality, content, and length that reasonably and
162162 adequately achieve the stated objective for which the course,
163163 curricula, and instruction are developed by the course provider;
164164 (2) has adequate space, equipment, instructional
165165 material, and instructors to provide training of good quality;
166166 (3) has instructors who have adequate educational
167167 qualifications and experience;
168168 (4) maintains adequate records as prescribed by the
169169 department to show attendance and progress or grades and enforces
170170 satisfactory standards relating to attendance, progress, and
171171 conduct;
172172 (5) complies with all county, municipal, state, and
173173 federal laws, including fire, building, and sanitation codes and
174174 assumed name registration;
175175 (6) [has owners and instructors who are of good
176176 reputation and character;
177177 [(7)] does not use erroneous or misleading
178178 advertising, either by actual statement, omission, or intimation,
179179 as determined by the department;
180180 (7) [(8)] does not use a name similar to the name of
181181 another existing school or tax-supported educational establishment
182182 in this state, unless specifically approved in writing by the
183183 executive director;
184184 (8) [(9)] maintains and uses the approved contract and
185185 policies developed by the course provider;
186186 (9) [(10)] does not owe an administrative penalty for
187187 a violation of this chapter;
188188 (10) [(11)] will not provide a driving safety course
189189 to a person for less than $25; and
190190 (11) [(12)] meets additional criteria required by the
191191 department.
192192 SECTION 7. Section 1001.206(b), Education Code, is amended
193193 to read as follows:
194194 (b) The department shall approve an application for a course
195195 provider license if the application is submitted on a form approved
196196 by the executive director, includes the fee, and on inspection of
197197 the premises of the school the department determines that:
198198 (1) the course provider has an approved course that at
199199 least one licensed driving safety school is willing to offer;
200200 (2) the course provider has adequate educational
201201 qualifications and experience;
202202 (3) the course provider will:
203203 (A) develop and provide to each driving safety
204204 school that offers the approved course a copy of:
205205 (i) the refund policy; and
206206 (ii) the regulations relating to absence,
207207 grading policy, and rules of operation and conduct; and
208208 (B) provide to the driving safety school the
209209 department's name, mailing address, telephone number, and Internet
210210 website address for the purpose of directing complaints to the
211211 department;
212212 (4) a copy of the information provided to each driving
213213 safety school under Subdivision (3) will be provided to each
214214 student by the school before enrollment;
215215 (5) not later than the 15th working day after the date
216216 a person successfully completes the course, the course provider
217217 will issue and deliver to the person by United States mail or
218218 commercial or electronic delivery a uniform certificate of course
219219 completion indicating the course name and successful completion;
220220 (6) the course provider maintains adequate records as
221221 prescribed by the department to show attendance and progress or
222222 grades and enforces satisfactory standards relating to attendance,
223223 progress, and conduct;
224224 (7) the course provider complies with all county,
225225 municipal, state, and federal laws, including assumed name
226226 registration and other applicable requirements;
227227 (8) the course provider is financially sound and
228228 capable of fulfilling its commitments for training;
229229 (9) [the course provider is of good reputation and
230230 character;
231231 [(10)] the course provider maintains and publishes as
232232 a part of its student enrollment contract the proper policy for the
233233 refund of the unused portion of tuition, fees, and other charges if
234234 a student fails to take the course or withdraws or is discontinued
235235 from the school at any time before completion;
236236 (10) [(11)] the course provider does not use erroneous
237237 or misleading advertising, either by actual statement, omission, or
238238 intimation, as determined by the department;
239239 (11) [(12)] the course provider does not use a name
240240 similar to the name of another existing school or tax-supported
241241 educational institution in this state, unless specifically
242242 approved in writing by the executive director;
243243 (12) [(13)] the course provider does not owe an
244244 administrative penalty for a violation of this chapter; and
245245 (13) [(14)] the course provider meets additional
246246 criteria required by the department.
247247 SECTION 8. Section 1001.209(a), Education Code, is amended
248248 to read as follows:
249249 (a) Before a license [course provider] may be issued to a
250250 course provider [a license], the course provider must provide a
251251 corporate surety bond in the amount of $10,000 [$25,000].
252252 SECTION 9. Section 1001.304(a), Education Code, is amended
253253 to read as follows:
254254 (a) An application to renew a driver education instructor or
255255 driving safety instructor license must include evidence of
256256 completion of continuing education [and be postmarked at least 30
257257 days before the expiration date of the license].
258258 SECTION 10. Section 1001.351(a), Education Code, is amended
259259 to read as follows:
260260 (a) Not later than the 15th working day after the course
261261 completion date, a course provider or a person at the course
262262 provider's facilities shall issue and deliver by United States mail
263263 or commercial or electronic delivery a uniform certificate of
264264 course completion to a person who successfully completes an
265265 approved driving safety course.
266266 SECTION 11. This Act takes effect immediately if it
267267 receives a vote of two-thirds of all the members elected to each
268268 house, as provided by Section 39, Article III, Texas Constitution.
269269 If this Act does not receive the vote necessary for immediate
270270 effect, this Act takes effect September 1, 2017.