TX
Texas House Bill HB2286

Texas 2021 - 87th Regular

Texas House Bill HB2286 Compare Versions

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1-87R20764 JAM-D
2- By: White, Guillen, J. Johnson of Harris H.B. No. 2286
3- Substitute the following for H.B. No. 2286:
4- By: Shaheen C.S.H.B. No. 2286
1+87R6228 JAM-D
2+ By: White H.B. No. 2286
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
9- relating to the payment of fees and costs associated with driver
7+ relating to the waiver of fees and costs associated with driver
108 education and safety courses and driver's license examinations for
119 foster children or youth, former foster children or youth, and
1210 youth experiencing homelessness.
1311 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14- SECTION 1. Subchapter H, Chapter 521, Transportation Code,
12+ SECTION 1. Subchapter D, Chapter 1001, Education Code, is
13+ amended by adding Section 1001.152 to read as follows:
14+ Sec. 1001.152. WAIVER OF FEES FOR CERTAIN STUDENTS. (a) A
15+ course provider may not charge a student who is eligible for a fee
16+ exemption under Section 521.168, Transportation Code, fees and
17+ costs associated with a course approved under this chapter unless
18+ reimbursement of the fee or cost is prohibited under Section
19+ 521.4265(c), Transportation Code. Fees and costs subject to this
20+ section include:
21+ (1) fees for a driver education certificate or
22+ certificate number;
23+ (2) classroom or behind-the-wheel tuition;
24+ (3) fees for instructional supplies or books; and
25+ (4) laboratory fees, service charges, rental fees, and
26+ deposits.
27+ (b) The department may not charge a fee for a driver
28+ education certificate or certificate number for a parent-taught
29+ driver education course for a student who is eligible for a fee
30+ exemption under Section 521.168, Transportation Code, unless
31+ reimbursement of the fee is prohibited under Section 521.4265(c),
32+ Transportation Code.
33+ SECTION 2. Section 1001.355, Education Code, is amended to
34+ read as follows:
35+ Sec. 1001.355. WITHHOLDING CERTAIN RECORDS. (a) A driver
36+ training school may withhold a student's diploma or certificate of
37+ completion until the student fulfills the student's financial
38+ obligation to the school.
39+ (b) This section does not apply to a student entitled to a
40+ fee exemption under Section 1001.152, regardless of whether the
41+ driver training school is reimbursed for the student's financial
42+ obligation under Section 521.4265, Transportation Code.
43+ SECTION 3. Subchapter H, Chapter 521, Transportation Code,
1544 is amended by adding Section 521.168 to read as follows:
16- Sec. 521.168. PAYMENT OF FEES FOR CERTAIN FOSTER AND
17- HOMELESS CHILDREN AND YOUTHS. (a) Unless prohibited under Section
18- 521.4265(c), the Texas Workforce Commission shall on request pay
19- the fees associated with meeting a requirement imposed under this
20- subchapter or Chapter 1001, Education Code, for a person who is:
45+ Sec. 521.168. WAIVER OF FEES FOR CERTAIN FOSTER AND
46+ HOMELESS CHILDREN AND YOUTHS. Unless reimbursement or payment of
47+ the fee is prohibited under Section 521.4265(c), fees associated
48+ with meeting a requirement imposed under this subchapter shall be
49+ waived for a person who is:
2150 (1) eligible for a driver's license fee exemption
2251 under Section 521.1811; or
2352 (2) younger than 26 years of age and:
2453 (A) was in the managing conservatorship of the
2554 Department of Family and Protective Services on the day before the
26- person's 18th birthday; or
27- (B) is a homeless child or youth as defined by 42
55+ person's 18th birthday;
56+ (B) resided in a foster care placement, the cost
57+ of which was paid by the Department of Family and Protective
58+ Services; or
59+ (C) is a homeless child or youth as defined by 42
2860 U.S.C. Section 11434a.
29- (b) The Texas Workforce Commission by rule shall establish a
30- process by which:
31- (1) a person described by Subsection (a) may apply to
32- that commission for the payment of fees under this section; and
33- (2) that commission pays fees associated with meeting
34- a requirement imposed under this subchapter or Chapter 1001,
35- Education Code, to appropriate entities on behalf of the person
36- described by Subsection (a).
37- SECTION 2. Section 521.4265, Transportation Code, is
61+ SECTION 4. Section 521.4265, Transportation Code, is
3862 amended by amending Subsections (b) and (c) and adding Subsection
3963 (d) to read as follows:
4064 (b) From the money in the identification fee exemption
4165 account the department shall:
42- (1) request that the comptroller transfer to the Texas
43- Workforce Commission amounts sufficient to provide for the payment
44- by the Texas Workforce Commission of fees to entities other than the
45- department under Section 521.168;
66+ (1) make reimbursements for:
67+ (A) fees waived by course providers and the Texas
68+ Department of Licensing and Regulation under Section 1001.152,
69+ Education Code; and
70+ (B) fees waived under Section 521.168 of this
71+ code by entities other than the department;
4672 (2) pay the department's costs associated with
47- administering Subdivision (1); and
73+ providing waivers under Section 521.168 of this code; and
4874 (3) for [For] each exemption granted under Section
4975 521.1015 or 521.1811, [the department shall] deposit to the credit
5076 of the Texas mobility fund an amount [from the identification fee
5177 exemption account under Subsection (a)] that is equal to the amount
5278 of the waived fee that would otherwise be deposited to the mobility
5379 fund.
5480 (c) The department may not:
55- (1) request a transfer under Subsection (b)(1) or pay
56- a cost under Subsection (b)(2) if the department determines in
57- consultation with the Texas Workforce Commission that the balance
58- of the account is insufficient; or
81+ (1) make a reimbursement under Subsection (b)(1) or
82+ pay a cost under Subsection (b)(2) if the balance of the account for
83+ the fiscal year is less than three times the amount expended in the
84+ previous fiscal year for the waivers provided by Sections
85+ 521.1015(e) and 521.1811; or
5986 (2) grant an exemption under Section 521.1015 or
6087 521.1811 if money is not available in the identification fee
6188 exemption account to meet the requirements of Subsection (b)(3)
6289 [(b)].
63- (d) The department, in consultation with the Texas
64- Workforce Commission, by rule shall establish a process by which
65- transfers are made under Subsection (b).
66- SECTION 3. This Act takes effect September 1, 2021.
90+ (d) The department by rule shall establish a process by
91+ which reimbursement is made under Subsection (b).
92+ SECTION 5. This Act takes effect September 1, 2021.