Texas 2019 - 86th Regular

Texas Senate Bill SB1624 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R12587 SOS-F
2	2	By: Zaffirini S.B. No. 1624
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of driver education
8	8	schools and instructors; authorizing fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1001.001(7), Education Code, is amended
11	11	to read as follows:
12	12	(7) "Driver education school" means an enterprise
13	13	that:
14	14	(A) maintains a place of business or solicits
15	15	business in this state; and
16	16	(B) is operated by an individual, association,
17	17	partnership, or corporation for educating and training persons [at
18	18	a primary or branch location] in driver education or driver
19	19	education instructor development.
20	20	SECTION 2. Section 1001.151(e), Education Code, is amended
21	21	to read as follows:
22	22	(e) The commission may establish a fee for an application
23	23	for approval to offer a driver education course [by an alternative
24	24	method of instruction under Section 1001.3541].
25	25	SECTION 3. Section 1001.204(b), Education Code, is amended
26	26	to read as follows:
27	27	(b) The department shall approve an application for a driver
28	28	education school license if the application is submitted on a form
29	29	approved by the department [executive director], the application is
30	30	accompanied by [includes] the fee, and the department determines
31	31	[on inspection of the premises of the school, it is determined] that
32	32	the school:
33	33	(1) has courses, curricula, and instruction of a
34	34	quality, content, and length that reasonably and adequately achieve
35	35	the stated objective for which the courses, curricula, and
36	36	instruction are offered;
37	37	(2) has adequate space, equipment, instructional
38	38	material, and instructors to provide training of good quality in
39	39	the classroom and behind the wheel, if applicable;
40	40	(3) has instructors who have adequate educational
41	41	qualifications and experience;
42	42	(4) provides to each student before enrollment:
43	43	(A) a copy of:
44	44	(i) the refund policy;
45	45	(ii) the schedule of tuition, fees, and
46	46	other charges; and
47	47	(iii) the regulations relating to absence,
48	48	grading policy, and rules of operation and conduct; and
49	49	(B) the department's name, mailing address,
50	50	telephone number, and Internet website address for the purpose of
51	51	directing complaints to the department;
52	52	(5) maintains adequate records as prescribed by the
53	53	department to show attendance and progress or grades and enforces
54	54	satisfactory standards relating to attendance, progress, and
55	55	conduct;
56	56	(6) on completion of training, issues each student a
57	57	certificate indicating the course name and satisfactory
58	58	completion;
59	59	(7) complies with all county, municipal, state, and
60	60	federal regulations, including fire, building, and sanitation
61	61	codes and assumed name registration, if applicable;
62	62	(8) is financially sound and capable of fulfilling its
63	63	commitments for training;
64	64	(9) maintains and publishes as part of its student
65	65	enrollment contract the proper policy for the refund of the unused
66	66	portion of tuition, fees, and other charges if a student fails to
67	67	take the course or withdraws or is discontinued from the school at
68	68	any time before completion;
69	69	(10) does not use erroneous or misleading advertising,
70	70	either by actual statement, omission, or intimation, as determined
71	71	by the department;
72	72	(11) does not use a name similar to the name of another
73	73	existing school or tax-supported educational institution in this
74	74	state, unless specifically approved in writing by the executive
75	75	director;
76	76	(12) submits to the department for approval the
77	77	applicable course hour lengths and curriculum content for each
78	78	course offered by the school;
79	79	(13) does not owe an administrative penalty for a
80	80	violation of this chapter; [and]
81	81	(14) meets any additional criteria required by the
82	82	department, including any applicable inspection requirements; and
83	83	(15) provides adequate testing and security measures
84	84	for the school's method of instruction.
85	85	SECTION 4. Subchapter F, Chapter 1001, Education Code, is
86	86	amended by adding Sections 1001.2531, 1001.2532, 1001.2533,
87	87	1001.2534, and 1001.2535 to read as follows:
88	88	Sec. 1001.2531. DRIVER EDUCATION INSTRUCTOR REQUIREMENTS.
89	89	(a) The commission by rule shall establish standards for a driver
90	90	education instructor to be certified as a teaching assistant,
91	91	driver education teacher, or supervising teacher.
92	92	(b) An applicant for a driver education instructor license
93	93	under this section must:
94	94	(1) apply to the department on a form prescribed by the
95	95	department and under rules adopted by the commission;
96	96	(2) submit with the application a nonrefundable
97	97	application fee in an amount set by commission rule; and
98	98	(3) present satisfactory evidence to the department
99	99	that the applicant:
100	100	(A) is at least 21 years of age;
101	101	(B) holds a high school diploma or high school
102	102	equivalency certificate; and
103	103	(C) meets any other requirement established by
104	104	commission rule.
105	105	Sec. 1001.2532. TEACHING ASSISTANT. (a) A teaching
106	106	assistant is a driver education instructor who is authorized to
107	107	teach or provide only behind-the-wheel training.
108	108	(b) To be eligible to be certified as a teaching assistant,
109	109	a driver education instructor must:
110	110	(1) have successfully completed:
111	111	(A) six semester hours of driver and traffic
112	112	safety education from an accredited college or university; or
113	113	(B) a teaching assistant development course
114	114	approved by the department; and
115	115	(2) pass any required examination.
116	116	Sec. 1001.2533. DRIVER EDUCATION TEACHER. (a) A driver
117	117	education teacher is a driver education instructor who is
118	118	authorized to teach or provide behind-the-wheel training and
119	119	classroom training.
120	120	(b) To be eligible to be certified as a driver education
121	121	teacher, a driver education instructor must:
122	122	(1) have successfully completed:
123	123	(A) nine semester hours of driver and traffic
124	124	safety education from an accredited college or university; or
125	125	(B) a driver education teacher development
126	126	course approved by the department;
127	127	(2) pass any required examination; and
128	128	(3) comply with the additional requirements under
129	129	Section 1001.2535.
130	130	Sec. 1001.2534. SUPERVISING TEACHER. (a) A supervising
131	131	teacher is a driver education instructor who is authorized to teach
132	132	instructor training classes.
133	133	(b) To be eligible to be certified as a supervising teacher,
134	134	a driver education instructor must:
135	135	(1) have been certified as a driver education teacher
136	136	for at least one year; and
137	137	(2) have successfully completed:
138	138	(A) 15 semester hours of driver and traffic
139	139	safety education from an accredited college or university; or
140	140	(B) a supervising teacher development course
141	141	approved by the department; and
142	142	(3) comply with the additional requirements under
143	143	Section 1001.2535.
144	144	Sec. 1001.2535. ADDITIONAL REQUIREMENTS FOR DRIVER
145	145	EDUCATION TEACHER AND SUPERVISING TEACHER. (a) In addition to the
146	146	requirements under Section 1001.2533 or 1001.2534, as applicable,
147	147	to be eligible to be certified as a driver education teacher or
148	148	supervising teacher, a driver education instructor must:
149	149	(1) hold a teaching certificate and any additional
150	150	certification required by commission rule to teach driver
151	151	education;
152	152	(2) have completed 15 semester hours in education
153	153	courses at an accredited college or university during the 10 years
154	154	before the application date; or
155	155	(3) have obtained an associate or baccalaureate degree
156	156	in education from an accredited college or university.
157	157	(b) The commission, department, or executive director may
158	158	adopt an alternative method to determine or verify an instructor's
159	159	eligibility under Subsection (a).
160	160	SECTION 5. Subchapter H, Chapter 1001, Education Code, is
161	161	amended by adding Section 1001.3542 to read as follows:
162	162	Sec. 1001.3542. METHOD OF INSTRUCTION FOR DRIVER EDUCATION
163	163	COURSE. A driver education school may teach a driver education
164	164	course by any method approved by the department, including an
165	165	alternative method under Section 1001.3541 or a traditional method
166	166	under Subchapter C.
167	167	SECTION 6. The following provisions of the Education Code
168	168	are repealed:
169	169	(1) Sections 1001.253, 1001.254, and 1001.256; and
170	170	(2) Section 1001.3541(b).
171	171	SECTION 7. (a) As soon as practicable after the effective
172	172	date of this Act, the Texas Commission on Licensing and Regulation
173	173	shall adopt rules to implement Section 1001.204(b), Education Code,
174	174	as amended by this Act, and Section 1001.2531, Education Code, as
175	175	added by this Act.
176	176	(b) A driver education instructor license issued under
177	177	Section 1001.253, Education Code, before the repeal of that section
178	178	by this Act, continues to be valid until the license expires, and
179	179	former Section 1001.253, Education Code, is continued in effect for
180	180	that purpose.
181	181	(c) A person who holds on the effective date of this Act a
182	182	driver education instructor license described by former Section
183	183	1001.253(b), Education Code, is entitled on expiration of that
184	184	license to issuance of a driver education instructor license
185	185	certified as a teaching assistant under Section 1001.2532,
186	186	Education Code, as added by this Act, if the person otherwise meets
187	187	the requirements for renewal of a driver education instructor
188	188	license certified as a teaching assistant.
189	189	(d) A person who holds on the effective date of this Act a
190	190	driver education instructor license described by former Section
191	191	1001.253(c), Education Code, is entitled on expiration of that
192	192	license to issuance of a driver education instructor license
193	193	certified as a driver education teacher under Section 1001.2533,
194	194	Education Code, as added by this Act, if the person otherwise meets
195	195	the requirements for renewal of a driver education instructor
196	196	license certified as a driver education teacher.
197	197	(e) A person who holds on the effective date of this Act a
198	198	driver education instructor license described by former Section
199	199	1001.253(e), Education Code, is entitled on expiration of that
200	200	license to issuance of a driver education instructor license
201	201	certified as a supervising teacher under Section 1001.2534,
202	202	Education Code, as added by this Act, if the person otherwise meets
203	203	the requirements for renewal of a driver education instructor
204	204	license certified as a supervising teacher.
205	205	(f) The changes in law made by this Act do not affect the
206	206	validity of a disciplinary action or other proceeding that was
207	207	initiated before the effective date of this Act and that is pending
208	208	before a court or other governmental entity on the effective date of
209	209	this Act.
210	210	(g) Sections 1001.2531, 1001.2532, 1001.2533, 1001.2534,
211	211	and 1001.2535, Education Code, as added by this Act, apply only to
212	212	an application for, or renewal of, an instructor license submitted
213	213	to the Texas Department of Licensing and Regulation on or after the
214	214	effective date of this Act. An application submitted before that
215	215	date is governed by the law in effect when the application was
216	216	submitted, and the former law is continued in effect for that
217	217	purpose.
218	218	SECTION 8. This Act takes effect September 1, 2019.