Texas 2017 - 85th Regular

Texas Senate Bill SB848 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R30956 JAM-D
2		-	By: Huffines S.B. No. 848
3		-	(Romero, Jr., Frullo)
4		-	Substitute the following for S.B. No. 848: No.
	1	+	S.B. No. 848
5	2
6	3
7		-	A BILL TO BE ENTITLED
8	4		AN ACT
9	5		relating to the licensing and regulation of providers of driver and
10	6		traffic safety education.
11	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	8		SECTION 1. Sections 1001.055(a), (a-1), and (a-2),
13	9		Education Code, are amended to read as follows:
14	10		(a) The department shall provide to each licensed or exempt
15	11		driver education school and to each parent-taught course provider
16	12		approved under this chapter driver education certificates or
17	13		certificate numbers to enable the school or approved parent-taught
18	14		course provider to [print and] issue department-approved driver
19	15		education certificates to certify completion of an approved driver
20	16		education course and satisfy the requirements of Sections
21	17		521.204(a)(2), Transportation Code, 521.1601, Transportation Code,
22	18		as added by Chapter 1253 (H.B. 339), Acts of the 81st Legislature,
23	19		Regular Session, 2009, and 521.1601, Transportation Code, as added
24	20		by Chapter 1413 (S.B. 1317), Acts of the 81st Legislature, Regular
25	21		Session, 2009.
26	22		(a-1) A certificate [printed and] issued by a driver
27	23		education school or parent-taught course provider approved under
28	24		this chapter must:
29	25		(1) be in a form required by the department; and
30	26		(2) include an identifying certificate number
31	27		provided by the department that may be used to verify the
32	28		authenticity of the certificate with the driver education school or
33	29		approved parent-taught course provider.
34	30		(a-2) A driver education school or parent-taught course
35	31		provider approved under this chapter that purchases driver
36	32		education certificate numbers shall issue [provide for the printing
37	33		and issuance of] original and duplicate certificates in a manner
38	34		that, to the greatest extent possible, prevents the unauthorized
39	35		production or the misuse of the certificates. The driver education
40	36		school or approved parent-taught course provider shall
41	37		electronically submit to the department in the manner established
42	38		by the department data identified by the department relating to
43	39		issuance of department-approved driver education certificates with
44	40		the certificate numbers.
45	41		SECTION 2. Sections 1001.056(b), (c-1), and (g), Education
46	42		Code, are amended to read as follows:
47	43		(b) The department shall provide each licensed course
48	44		provider with course completion certificate numbers to enable the
49	45		provider to [print and] issue department-approved uniform
50	46		certificates of course completion.
51	47		(c-1) A course provider shall provide for the [printing and]
52	48		issuance of original and duplicate certificates in a manner that,
53	49		to the greatest extent possible, prevents the unauthorized
54	50		production or the misuse of the certificates.
55	51		(g) A course provider shall issue a duplicate certificate by
56	52		United States mail or commercial or electronic delivery. The
57	53		commission by rule shall determine the amount of the fee for
58	54		issuance of a duplicate certificate under this subsection.
59	55		SECTION 3. Section 1001.112, Education Code, is amended by
60	56		amending Subsection (a) and adding Subsections (a-1) and (e) to
61	57		read as follows:
62	58		(a) The commission by rule shall provide for approval of a
63	59		driver education course conducted by the following persons with the
64	60		noted relationship to [the parent, stepparent, foster parent, legal
65	61		guardian, grandparent, or step-grandparent of] a person who is
66	62		required to complete a driver education course to obtain a Class C
67	63		license:
68	64		(1) a parent, stepparent, foster parent, legal
69	65		guardian, grandparent, or step-grandparent; or
70	66		(2) an individual who:
71	67		(A) has been designated by a parent, a legal
72	68		guardian, or a judge of a court with jurisdiction over the person on
73	69		a form prescribed by the department;
74	70		(B) is at least 25 years of age or older;
75	71		(C) does not charge a fee for conducting the
76	72		course;
77	73		(D) has at least seven years of driving
78	74		experience; and
79	75		(E) otherwise qualifies to conduct a course under
80	76		Subsection (a-1).
81	77		(a-1) The rules must provide that the student driver spend a
82	78		minimum number of hours in classroom and behind-the-wheel
83	79		instruction and that the person conducting the course:
84	80		(1) possess a valid license for the preceding three
85	81		years that has not been suspended, revoked, or forfeited in the past
86	82		three years for an offense that involves the operation of a motor
87	83		vehicle;
88	84		(2) has not been convicted of:
89	85		(A) criminally negligent homicide; or
90	86		(B) driving while intoxicated in the past seven
91	87		years; and
92	88		(3) [is not disabled because of mental illness; and
93	89		[(4)] does not have six or more points assigned to the
94	90		person's driver's license under Subchapter B, Chapter 708,
95	91		Transportation Code, at the time the person begins conducting the
96	92		course.
97	93		(e) The department may not charge a fee for the submission
98	94		of proof of completion of the course or passage of an examination
99	95		under Subsection (c).
100	96		SECTION 4. Section 1001.202(b), Education Code, is amended
101	97		to read as follows:
102	98		(b) A driving safety school may use multiple classroom
103	99		locations to teach a driving safety course if each location[:
104	100		[(1)] is approved by the [parent school and the]
105	101		department[;
106	102		[(2) has the same name as the parent school; and
107	103		[(3) has the same ownership as the parent school].
108	104		SECTION 5. Section 1001.204(b), Education Code, is amended
109	105		to read as follows:
110	106		(b) The department shall approve an application for a driver
111	107		education school license if the application is submitted on a form
112	108		approved by the executive director, includes the fee, and on
113	109		inspection of the premises of the school, it is determined that the
114	110		school:
115	111		(1) has courses, curricula, and instruction of a
116	112		quality, content, and length that reasonably and adequately achieve
117	113		the stated objective for which the courses, curricula, and
118	114		instruction are offered;
119	115		(2) has adequate space, equipment, instructional
120	116		material, and instructors to provide training of good quality in
121	117		the classroom and behind the wheel;
122	118		(3) has instructors who have adequate educational
123	119		qualifications and experience;
124	120		(4) provides to each student before enrollment:
125	121		(A) a copy of:
126	122		(i) the refund policy;
127	123		(ii) the schedule of tuition, fees, and
128	124		other charges; and
129	125		(iii) the regulations relating to absence,
130	126		grading policy, and rules of operation and conduct; and
131	127		(B) the department's name, mailing address,
132	128		telephone number, and Internet website address for the purpose of
133	129		directing complaints to the department;
134	130		(5) maintains adequate records as prescribed by the
135	131		department to show attendance and progress or grades and enforces
136	132		satisfactory standards relating to attendance, progress, and
137	133		conduct;
138	134		(6) on completion of training, issues each student a
139	135		certificate indicating the course name and satisfactory
140	136		completion;
141	137		(7) complies with all county, municipal, state, and
142	138		federal regulations, including fire, building, and sanitation
143	139		codes and assumed name registration;
144	140		(8) is financially sound and capable of fulfilling its
145	141		commitments for training;
146	142		(9) [has owners and instructors who are of good
147	143		reputation and character;
148	144		[(10)] maintains and publishes as part of its student
149	145		enrollment contract the proper policy for the refund of the unused
150	146		portion of tuition, fees, and other charges if a student fails to
151	147		take the course or withdraws or is discontinued from the school at
152	148		any time before completion;
153	149		(10) [(11)] does not use erroneous or misleading
154	150		advertising, either by actual statement, omission, or intimation,
155	151		as determined by the department;
156	152		(11) [(12)] does not use a name similar to the name of
157	153		another existing school or tax-supported educational institution
158	154		in this state, unless specifically approved in writing by the
159	155		executive director;
160	156		(12) [(13)] submits to the department for approval the
161	157		applicable course hour lengths and curriculum content for each
162	158		course offered by the school;
163	159		(13) [(14)] does not owe an administrative penalty for
164	160		a violation of this chapter; and
165	161		(14) [(15)] meets any additional criteria required by
166	162		the department.
167	163		SECTION 6. Section 1001.205(b), Education Code, is amended
168	164		to read as follows:
169	165		(b) The department shall approve an application for a
170	166		driving safety school license if the application is submitted on a
171	167		form approved by the executive director, includes the fee, and on
172	168		inspection of the premises of the school, the department determines
173	169		that the school:
174	170		(1) has driving safety courses, curricula, and
175	171		instruction of a quality, content, and length that reasonably and
176	172		adequately achieve the stated objective for which the course,
177	173		curricula, and instruction are developed by the course provider;
178	174		(2) has adequate space, equipment, instructional
179	175		material, and instructors to provide training of good quality;
180	176		(3) has instructors who have adequate educational
181	177		qualifications and experience;
182	178		(4) maintains adequate records as prescribed by the
183	179		department to show attendance and progress or grades and enforces
184	180		satisfactory standards relating to attendance, progress, and
185	181		conduct;
186	182		(5) complies with all county, municipal, state, and
187	183		federal laws, including fire, building, and sanitation codes and
188	184		assumed name registration;
189	185		(6) [has owners and instructors who are of good
190	186		reputation and character;
191	187		[(7)] does not use erroneous or misleading
192	188		advertising, either by actual statement, omission, or intimation,
193	189		as determined by the department;
194	190		(7) [(8)] does not use a name similar to the name of
195	191		another existing school or tax-supported educational establishment
196	192		in this state, unless specifically approved in writing by the
197	193		executive director;
198	194		(8) [(9)] maintains and uses the approved contract and
199	195		policies developed by the course provider;
200	196		(9) [(10)] does not owe an administrative penalty for
201	197		a violation of this chapter;
202	198		(10) [(11)] will not provide a driving safety course
203	199		to a person for less than $25; and
204	200		(11) [(12)] meets additional criteria required by the
205	201		department.
206	202		SECTION 7. Section 1001.206(b), Education Code, is amended
207	203		to read as follows:
208	204		(b) The department shall approve an application for a course
209	205		provider license if the application is submitted on a form approved
210	206		by the executive director, includes the fee, and on inspection of
211	207		the premises of the school the department determines that:
212	208		(1) the course provider has an approved course that at
213	209		least one licensed driving safety school is willing to offer;
214	210		(2) the course provider has adequate educational
215	211		qualifications and experience;
216	212		(3) the course provider will:
217	213		(A) develop and provide to each driving safety
218	214		school that offers the approved course a copy of:
219	215		(i) the refund policy; and
220	216		(ii) the regulations relating to absence,
221	217		grading policy, and rules of operation and conduct; and
222	218		(B) provide to the driving safety school the
223	219		department's name, mailing address, telephone number, and Internet
224	220		website address for the purpose of directing complaints to the
225	221		department;
226	222		(4) a copy of the information provided to each driving
227	223		safety school under Subdivision (3) will be provided to each
228	224		student by the school before enrollment;
229	225		(5) not later than the 15th working day after the date
230	226		a person successfully completes the course, the course provider
231	227		will issue and deliver to the person by United States mail or
232	228		commercial or electronic delivery a uniform certificate of course
233	229		completion indicating the course name and successful completion;
234	230		(6) the course provider maintains adequate records as
235	231		prescribed by the department to show attendance and progress or
236	232		grades and enforces satisfactory standards relating to attendance,
237	233		progress, and conduct;
238	234		(7) the course provider complies with all county,
239	235		municipal, state, and federal laws, including assumed name
240	236		registration and other applicable requirements;
241	237		(8) the course provider is financially sound and
242	238		capable of fulfilling its commitments for training;
243	239		(9) [the course provider is of good reputation and
244	240		character;
245	241		[(10)] the course provider maintains and publishes as
246	242		a part of its student enrollment contract the proper policy for the
247	243		refund of the unused portion of tuition, fees, and other charges if
248	244		a student fails to take the course or withdraws or is discontinued
249	245		from the school at any time before completion;
250	246		(10) [(11)] the course provider does not use erroneous
251	247		or misleading advertising, either by actual statement, omission, or
252	248		intimation, as determined by the department;
253	249		(11) [(12)] the course provider does not use a name
254	250		similar to the name of another existing school or tax-supported
255	251		educational institution in this state, unless specifically
256	252		approved in writing by the executive director;
257	253		(12) [(13)] the course provider does not owe an
258	254		administrative penalty for a violation of this chapter; and
259	255		(13) [(14)] the course provider meets additional
260	256		criteria required by the department.
261	257		SECTION 8. Section 1001.209(a), Education Code, is amended
262	258		to read as follows:
263	259		(a) Before a license [course provider] may be issued to a
264	260		course provider [a license], the course provider must provide a
265	261		corporate surety bond in the amount of $10,000 [$25,000].
266	262		SECTION 9. Section 1001.304(a), Education Code, is amended
267	263		to read as follows:
268	264		(a) An application to renew a driver education instructor or
269	265		driving safety instructor license must include evidence of
270	266		completion of continuing education [and be postmarked at least 30
271	267		days before the expiration date of the license].
272	268		SECTION 10. Section 1001.351(a), Education Code, is amended
273	269		to read as follows:
274	270		(a) Not later than the 15th working day after the course
275	271		completion date, a course provider or a person at the course
276	272		provider's facilities shall issue and deliver by United States mail
277	273		or commercial or electronic delivery a uniform certificate of
278	274		course completion to a person who successfully completes an
279	275		approved driving safety course.
280	276		SECTION 11. Section 521.205(a), Transportation Code, as
281	277		amended by Chapter 567 (H.B. 2708), Acts of the 84th Legislature,
282	278		Regular Session, 2015, is repealed.
283	279		SECTION 12. This Act takes effect immediately if it
284	280		receives a vote of two-thirds of all the members elected to each
285	281		house, as provided by Section 39, Article III, Texas Constitution.
286	282		If this Act does not receive the vote necessary for immediate
287	283		effect, this Act takes effect September 1, 2017.
	284	+	______________________________ ______________________________
	285	+	President of the Senate Speaker of the House
	286	+	I hereby certify that S.B. No. 848 passed the Senate on
	287	+	May 4, 2017, by the following vote: Yeas 31, Nays 0; and that the
	288	+	Senate concurred in House amendment on May 27, 2017, by the
	289	+	following vote: Yeas 31, Nays 0.
	290	+	______________________________
	291	+	Secretary of the Senate
	292	+	I hereby certify that S.B. No. 848 passed the House, with
	293	+	amendment, on May 24, 2017, by the following vote: Yeas 146,
	294	+	Nays 0, two present not voting.
	295	+	______________________________
	296	+	Chief Clerk of the House
	297	+	Approved:
	298	+	______________________________
	299	+	Date
	300	+	______________________________
	301	+	Governor