| 1 | 1 | | 85R11408 JXC-D |
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| 2 | 2 | | By: Dutton H.B. No. 3140 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the accommodation of a deaf or hard of hearing student |
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| 8 | 8 | | in driver education; authorizing a fee. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 1001, Education Code, is |
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| 11 | 11 | | amended by adding Section 1001.059 to read as follows: |
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| 12 | 12 | | Sec. 1001.059. DEPARTMENT DRIVER EDUCATION COURSE FOR DEAF |
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| 13 | 13 | | OR HARD OF HEARING STUDENTS. (a) The department shall: |
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| 14 | 14 | | (1) create, in cooperation with another state agency |
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| 15 | 15 | | if necessary, a driver education course for minors and adults that |
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| 16 | 16 | | presents the course curriculum in American Sign Language; and |
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| 17 | 17 | | (2) make the course described by Subdivision (1) |
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| 18 | 18 | | available on the department's Internet website. |
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| 19 | 19 | | (b) The commission by rule shall establish a fee for the |
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| 20 | 20 | | course. The fee established under this section: |
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| 21 | 21 | | (1) is in addition to a fee charged for a certificate |
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| 22 | 22 | | for the course; and |
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| 23 | 23 | | (2) must be in an amount that is: |
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| 24 | 24 | | (A) sufficient to cover the cost of creating and |
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| 25 | 25 | | administering the course; and |
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| 26 | 26 | | (B) not more than the average cost of an online |
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| 27 | 27 | | driver education course provided in this state, as determined by |
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| 28 | 28 | | the commission. |
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| 29 | 29 | | SECTION 2. Subchapter C, Chapter 1001, Education Code, is |
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| 30 | 30 | | amended by adding Section 1001.1016 to read as follows: |
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| 31 | 31 | | Sec. 1001.1016. ACCOMMODATION FOR DEAF OR HARD OF HEARING |
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| 32 | 32 | | STUDENTS. (a) In this section: |
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| 33 | 33 | | (1) "Deaf" means a hearing loss of such severity that |
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| 34 | 34 | | an individual must depend on visual methods to communicate. |
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| 35 | 35 | | (2) "Hard of hearing" means a loss of hearing function |
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| 36 | 36 | | to an individual such that the individual: |
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| 37 | 37 | | (A) relies on residual hearing; and |
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| 38 | 38 | | (B) may depend on visual methods to communicate. |
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| 39 | 39 | | (b) The commission by rule shall require a driver education |
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| 40 | 40 | | school providing a driver education course to: |
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| 41 | 41 | | (1) in the manner described by the Americans with |
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| 42 | 42 | | Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), make |
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| 43 | 43 | | reasonable modifications and provide aids and services that are |
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| 44 | 44 | | necessary to ensure that a student who is deaf or hard of hearing |
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| 45 | 45 | | may fully participate in the course; and |
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| 46 | 46 | | (2) provide to the department the school's plan for |
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| 47 | 47 | | complying with the rules adopted under this section as a condition |
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| 48 | 48 | | of obtaining a license under Section 1001.211 or renewing a license |
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| 49 | 49 | | under Section 1001.303. |
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| 50 | 50 | | SECTION 3. This Act takes effect September 1, 2017. |
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