Texas 2017 - 85th Regular

Texas House Bill HB912 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Romero, Jr., Springer, Frullo H.B. No. 912
2		-	(Senate Sponsor - Taylor of Collin)
3		-	(In the Senate - Received from the House May 3, 2017;
4		-	May 17, 2017, read first time and referred to Committee on
5		-	Transportation; May 22, 2017, reported favorably by the following
6		-	vote: Yeas 6, Nays 1; May 22, 2017, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 912
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to the licensing and regulation of providers of driver and
13	6		traffic safety education.
14	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	8		SECTION 1. Sections 1001.055(a), (a-1), and (a-2),
16	9		Education Code, are amended to read as follows:
17	10		(a) The department shall provide to each licensed or exempt
18	11		driver education school and to each parent-taught course provider
19	12		approved under this chapter driver education certificates or
20	13		certificate numbers to enable the school or approved parent-taught
21	14		course provider to [print and] issue department-approved driver
22	15		education certificates to certify completion of an approved driver
23	16		education course and satisfy the requirements of Sections
24	17		521.204(a)(2), Transportation Code, 521.1601, Transportation Code,
25	18		as added by Chapter 1253 (H.B. 339), Acts of the 81st Legislature,
26	19		Regular Session, 2009, and 521.1601, Transportation Code, as added
27	20		by Chapter 1413 (S.B. 1317), Acts of the 81st Legislature, Regular
28	21		Session, 2009.
29	22		(a-1) A certificate [printed and] issued by a driver
30	23		education school or parent-taught course provider approved under
31	24		this chapter must:
32	25		(1) be in a form required by the department; and
33	26		(2) include an identifying certificate number
34	27		provided by the department that may be used to verify the
35	28		authenticity of the certificate with the driver education school or
36	29		approved parent-taught course provider.
37	30		(a-2) A driver education school or parent-taught course
38	31		provider approved under this chapter that purchases driver
39	32		education certificate numbers shall issue [provide for the printing
40	33		and issuance of] original and duplicate certificates in a manner
41	34		that, to the greatest extent possible, prevents the unauthorized
42	35		production or the misuse of the certificates. The driver education
43	36		school or approved parent-taught course provider shall
44	37		electronically submit to the department in the manner established
45	38		by the department data identified by the department relating to
46	39		issuance of department-approved driver education certificates with
47	40		the certificate numbers.
48	41		SECTION 2. Sections 1001.056(b), (c-1), and (g), Education
49	42		Code, are amended to read as follows:
50	43		(b) The department shall provide each licensed course
51	44		provider with course completion certificate numbers to enable the
52	45		provider to [print and] issue department-approved uniform
53	46		certificates of course completion.
54	47		(c-1) A course provider shall provide for the [printing and]
55	48		issuance of original and duplicate certificates in a manner that,
56	49		to the greatest extent possible, prevents the unauthorized
57	50		production or the misuse of the certificates.
58	51		(g) A course provider shall issue a duplicate certificate by
59	52		United States mail or commercial or electronic delivery. The
60	53		commission by rule shall determine the amount of the fee for
61	54		issuance of a duplicate certificate under this subsection.
62	55		SECTION 3. Section 1001.112, Education Code, is amended by
63	56		amending Subsection (a) and adding Subsections (a-1) and (e) to
64	57		read as follows:
65	58		(a) The commission by rule shall provide for approval of a
66	59		driver education course conducted by the following persons with the
67	60		noted relationship to [the parent, stepparent, foster parent, legal
68	61		guardian, grandparent, or step-grandparent of] a person who is
69	62		required to complete a driver education course to obtain a Class C
70	63		license:
71	64		(1) a parent, stepparent, foster parent, legal
72	65		guardian, grandparent, or step-grandparent; or
73	66		(2) an individual who:
74	67		(A) has been designated by a parent, a legal
75	68		guardian, or a judge of a court with jurisdiction over the person on
76	69		a form prescribed by the department;
77	70		(B) is at least 25 years of age or older;
78	71		(C) does not charge a fee for conducting the
79	72		course;
80	73		(D) has at least seven years of driving
81	74		experience; and
82	75		(E) otherwise qualifies to conduct a course under
83	76		Subsection (a-1).
84	77		(a-1) The rules must provide that the student driver spend a
85	78		minimum number of hours in classroom and behind-the-wheel
86	79		instruction and that the person conducting the course:
87	80		(1) possess a valid license for the preceding three
88	81		years that has not been suspended, revoked, or forfeited in the past
89	82		three years for an offense that involves the operation of a motor
90	83		vehicle;
91	84		(2) has not been convicted of:
92	85		(A) criminally negligent homicide; or
93	86		(B) driving while intoxicated in the past seven
94	87		years; and
95	88		(3) [is not disabled because of mental illness; and
96	89		[(4)] does not have six or more points assigned to the
97	90		person's driver's license under Subchapter B, Chapter 708,
98	91		Transportation Code, at the time the person begins conducting the
99	92		course.
100	93		(e) The department may not charge a fee for the submission
101	94		of proof of completion of the course or passage of an examination
102	95		under Subsection (c).
103	96		SECTION 4. Section 1001.202(b), Education Code, is amended
104	97		to read as follows:
105	98		(b) A driving safety school may use multiple classroom
106	99		locations to teach a driving safety course if each location[:
107	100		[(1)] is approved by the [parent school and the]
108	101		department[;
109	102		[(2) has the same name as the parent school; and
110	103		[(3) has the same ownership as the parent school].
111	104		SECTION 5. Section 1001.204(b), Education Code, is amended
112	105		to read as follows:
113	106		(b) The department shall approve an application for a driver
114	107		education school license if the application is submitted on a form
115	108		approved by the executive director, includes the fee, and on
116	109		inspection of the premises of the school, it is determined that the
117	110		school:
118	111		(1) has courses, curricula, and instruction of a
119	112		quality, content, and length that reasonably and adequately achieve
120	113		the stated objective for which the courses, curricula, and
121	114		instruction are offered;
122	115		(2) has adequate space, equipment, instructional
123	116		material, and instructors to provide training of good quality in
124	117		the classroom and behind the wheel;
125	118		(3) has instructors who have adequate educational
126	119		qualifications and experience;
127	120		(4) provides to each student before enrollment:
128	121		(A) a copy of:
129	122		(i) the refund policy;
130	123		(ii) the schedule of tuition, fees, and
131	124		other charges; and
132	125		(iii) the regulations relating to absence,
133	126		grading policy, and rules of operation and conduct; and
134	127		(B) the department's name, mailing address,
135	128		telephone number, and Internet website address for the purpose of
136	129		directing complaints to the department;
137	130		(5) maintains adequate records as prescribed by the
138	131		department to show attendance and progress or grades and enforces
139	132		satisfactory standards relating to attendance, progress, and
140	133		conduct;
141	134		(6) on completion of training, issues each student a
142	135		certificate indicating the course name and satisfactory
143	136		completion;
144	137		(7) complies with all county, municipal, state, and
145	138		federal regulations, including fire, building, and sanitation
146	139		codes and assumed name registration;
147	140		(8) is financially sound and capable of fulfilling its
148	141		commitments for training;
149	142		(9) [has owners and instructors who are of good
150	143		reputation and character;
151	144		[(10)] maintains and publishes as part of its student
152	145		enrollment contract the proper policy for the refund of the unused
153	146		portion of tuition, fees, and other charges if a student fails to
154	147		take the course or withdraws or is discontinued from the school at
155	148		any time before completion;
156	149		(10) [(11)] does not use erroneous or misleading
157	150		advertising, either by actual statement, omission, or intimation,
158	151		as determined by the department;
159	152		(11) [(12)] does not use a name similar to the name of
160	153		another existing school or tax-supported educational institution
161	154		in this state, unless specifically approved in writing by the
162	155		executive director;
163	156		(12) [(13)] submits to the department for approval the
164	157		applicable course hour lengths and curriculum content for each
165	158		course offered by the school;
166	159		(13) [(14)] does not owe an administrative penalty for
167	160		a violation of this chapter; and
168	161		(14) [(15)] meets any additional criteria required by
169	162		the department.
170	163		SECTION 6. Section 1001.205(b), Education Code, is amended
171	164		to read as follows:
172	165		(b) The department shall approve an application for a
173	166		driving safety school license if the application is submitted on a
174	167		form approved by the executive director, includes the fee, and on
175	168		inspection of the premises of the school, the department determines
176	169		that the school:
177	170		(1) has driving safety courses, curricula, and
178	171		instruction of a quality, content, and length that reasonably and
179	172		adequately achieve the stated objective for which the course,
180	173		curricula, and instruction are developed by the course provider;
181	174		(2) has adequate space, equipment, instructional
182	175		material, and instructors to provide training of good quality;
183	176		(3) has instructors who have adequate educational
184	177		qualifications and experience;
185	178		(4) maintains adequate records as prescribed by the
186	179		department to show attendance and progress or grades and enforces
187	180		satisfactory standards relating to attendance, progress, and
188	181		conduct;
189	182		(5) complies with all county, municipal, state, and
190	183		federal laws, including fire, building, and sanitation codes and
191	184		assumed name registration;
192	185		(6) [has owners and instructors who are of good
193	186		reputation and character;
194	187		[(7)] does not use erroneous or misleading
195	188		advertising, either by actual statement, omission, or intimation,
196	189		as determined by the department;
197	190		(7) [(8)] does not use a name similar to the name of
198	191		another existing school or tax-supported educational establishment
199	192		in this state, unless specifically approved in writing by the
200	193		executive director;
201	194		(8) [(9)] maintains and uses the approved contract and
202	195		policies developed by the course provider;
203	196		(9) [(10)] does not owe an administrative penalty for
204	197		a violation of this chapter;
205	198		(10) [(11)] will not provide a driving safety course
206	199		to a person for less than $25; and
207	200		(11) [(12)] meets additional criteria required by the
208	201		department.
209	202		SECTION 7. Section 1001.206(b), Education Code, is amended
210	203		to read as follows:
211	204		(b) The department shall approve an application for a course
212	205		provider license if the application is submitted on a form approved
213	206		by the executive director, includes the fee, and on inspection of
214	207		the premises of the school the department determines that:
215	208		(1) the course provider has an approved course that at
216	209		least one licensed driving safety school is willing to offer;
217	210		(2) the course provider has adequate educational
218	211		qualifications and experience;
219	212		(3) the course provider will:
220	213		(A) develop and provide to each driving safety
221	214		school that offers the approved course a copy of:
222	215		(i) the refund policy; and
223	216		(ii) the regulations relating to absence,
224	217		grading policy, and rules of operation and conduct; and
225	218		(B) provide to the driving safety school the
226	219		department's name, mailing address, telephone number, and Internet
227	220		website address for the purpose of directing complaints to the
228	221		department;
229	222		(4) a copy of the information provided to each driving
230	223		safety school under Subdivision (3) will be provided to each
231	224		student by the school before enrollment;
232	225		(5) not later than the 15th working day after the date
233	226		a person successfully completes the course, the course provider
234	227		will issue and deliver to the person by United States mail or
235	228		commercial or electronic delivery a uniform certificate of course
236	229		completion indicating the course name and successful completion;
237	230		(6) the course provider maintains adequate records as
238	231		prescribed by the department to show attendance and progress or
239	232		grades and enforces satisfactory standards relating to attendance,
240	233		progress, and conduct;
241	234		(7) the course provider complies with all county,
242	235		municipal, state, and federal laws, including assumed name
243	236		registration and other applicable requirements;
244	237		(8) the course provider is financially sound and
245	238		capable of fulfilling its commitments for training;
246	239		(9) [the course provider is of good reputation and
247	240		character;
248	241		[(10)] the course provider maintains and publishes as
249	242		a part of its student enrollment contract the proper policy for the
250	243		refund of the unused portion of tuition, fees, and other charges if
251	244		a student fails to take the course or withdraws or is discontinued
252	245		from the school at any time before completion;
253	246		(10) [(11)] the course provider does not use erroneous
254	247		or misleading advertising, either by actual statement, omission, or
255	248		intimation, as determined by the department;
256	249		(11) [(12)] the course provider does not use a name
257	250		similar to the name of another existing school or tax-supported
258	251		educational institution in this state, unless specifically
259	252		approved in writing by the executive director;
260	253		(12) [(13)] the course provider does not owe an
261	254		administrative penalty for a violation of this chapter; and
262	255		(13) [(14)] the course provider meets additional
263	256		criteria required by the department.
264	257		SECTION 8. Section 1001.209(a), Education Code, is amended
265	258		to read as follows:
266	259		(a) Before a license [course provider] may be issued to a
267	260		course provider [a license], the course provider must provide a
268	261		corporate surety bond in the amount of $10,000 [$25,000].
269	262		SECTION 9. Section 1001.304(a), Education Code, is amended
270	263		to read as follows:
271	264		(a) An application to renew a driver education instructor or
272	265		driving safety instructor license must include evidence of
273	266		completion of continuing education [and be postmarked at least 30
274	267		days before the expiration date of the license].
275	268		SECTION 10. Section 1001.351(a), Education Code, is amended
276	269		to read as follows:
277	270		(a) Not later than the 15th working day after the course
278	271		completion date, a course provider or a person at the course
279	272		provider's facilities shall issue and deliver by United States mail
280	273		or commercial or electronic delivery a uniform certificate of
281	274		course completion to a person who successfully completes an
282	275		approved driving safety course.
283	276		SECTION 11. Section 521.205(a), Transportation Code, as
284	277		amended by Chapter 567 (H.B. 2708), Acts of the 84th Legislature,
285	278		Regular Session, 2015, is repealed.
286	279		SECTION 12. This Act takes effect immediately if it
287	280		receives a vote of two-thirds of all the members elected to each
288	281		house, as provided by Section 39, Article III, Texas Constitution.
289	282		If this Act does not receive the vote necessary for immediate
290	283		effect, this Act takes effect September 1, 2017.
291		-	* * * * *
	284	+	______________________________ ______________________________
	285	+	President of the Senate Speaker of the House
	286	+	I certify that H.B. No. 912 was passed by the House on May 2,
	287	+	2017, by the following vote: Yeas 145, Nays 0, 1 present, not
	288	+	voting.
	289	+	______________________________
	290	+	Chief Clerk of the House
	291	+	I certify that H.B. No. 912 was passed by the Senate on May
	292	+	23, 2017, by the following vote: Yeas 30, Nays 1.
	293	+	______________________________
	294	+	Secretary of the Senate
	295	+	APPROVED: _____________________
	296	+	Date
	297	+	_____________________
	298	+	Governor