87R6228 JAM-D
By: Menéndez S.B. No. 2054
A BILL TO BE ENTITLED
AN ACT
relating to the waiver of fees and costs associated with driver
education and safety courses and driver's license examinations for
foster children or youth, former foster children or youth, and
youth experiencing homelessness.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 1001, Education Code, is
amended by adding Section 1001.152 to read as follows:
Sec. 1001.152. WAIVER OF FEES FOR CERTAIN STUDENTS. (a) A
course provider may not charge a student who is eligible for a fee
exemption under Section 521.168, Transportation Code, fees and
costs associated with a course approved under this chapter unless
reimbursement of the fee or cost is prohibited under Section
521.4265(c), Transportation Code. Fees and costs subject to this
section include:
(1) fees for a driver education certificate or
certificate number;
(2) classroom or behind-the-wheel tuition;
(3) fees for instructional supplies or books; and
(4) laboratory fees, service charges, rental fees, and
deposits.
(b) The department may not charge a fee for a driver
education certificate or certificate number for a parent-taught
driver education course for a student who is eligible for a fee
exemption under Section 521.168, Transportation Code, unless
reimbursement of the fee is prohibited under Section 521.4265(c),
Transportation Code.
SECTION 2. Section 1001.355, Education Code, is amended to
read as follows:
Sec. 1001.355. WITHHOLDING CERTAIN RECORDS. (a) A driver
training school may withhold a student's diploma or certificate of
completion until the student fulfills the student's financial
obligation to the school.
(b) This section does not apply to a student entitled to a
fee exemption under Section 1001.152, regardless of whether the
driver training school is reimbursed for the student's financial
obligation under Section 521.4265, Transportation Code.
SECTION 3. Subchapter H, Chapter 521, Transportation Code,
is amended by adding Section 521.168 to read as follows:
Sec. 521.168. WAIVER OF FEES FOR CERTAIN FOSTER AND
HOMELESS CHILDREN AND YOUTHS. Unless reimbursement or payment of
the fee is prohibited under Section 521.4265(c), fees associated
with meeting a requirement imposed under this subchapter shall be
waived for a person who is:
(1) eligible for a driver's license fee exemption
under Section 521.1811; or
(2) younger than 26 years of age and:
(A) was in the managing conservatorship of the
Department of Family and Protective Services on the day before the
person's 18th birthday;
(B) resided in a foster care placement, the cost
of which was paid by the Department of Family and Protective
Services; or
(C) is a homeless child or youth as defined by 42
U.S.C. Section 11434a.
SECTION 4. Section 521.4265, Transportation Code, is
amended by amending Subsections (b) and (c) and adding Subsection
(d) to read as follows:
(b) From the money in the identification fee exemption
account the department shall:
(1) make reimbursements for:
(A) fees waived by course providers and the Texas
Department of Licensing and Regulation under Section 1001.152,
Education Code; and
(B) fees waived under Section 521.168 of this
code by entities other than the department;
(2) pay the department's costs associated with
providing waivers under Section 521.168 of this code; and
(3) for [For] each exemption granted under Section
521.1015 or 521.1811, [the department shall] deposit to the credit
of the Texas mobility fund an amount [from the identification fee
exemption account under Subsection (a)] that is equal to the amount
of the waived fee that would otherwise be deposited to the mobility
fund.
(c) The department may not:
(1) make a reimbursement under Subsection (b)(1) or
pay a cost under Subsection (b)(2) if the balance of the account for
the fiscal year is less than three times the amount expended in the
previous fiscal year for the waivers provided by Sections
521.1015(e) and 521.1811; or
(2) grant an exemption under Section 521.1015 or
521.1811 if money is not available in the identification fee
exemption account to meet the requirements of Subsection (b)(3)
[(b)].
(d) The department by rule shall establish a process by
which reimbursement is made under Subsection (b).
SECTION 5. This Act takes effect September 1, 2021.