TX
Texas Senate Bill SB478

Texas 2023 - 88th Regular

Texas Senate Bill SB478 Compare Versions

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11 S.B. No. 478
22
33
44 AN ACT
55 relating to the administration of the motorcycle operator training
66 and safety program and requirements for the issuance of certain
77 driver's licenses and commercial driver's licenses; requiring an
88 occupational license; authorizing a fee.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 521.148, Transportation Code, is amended
1111 by adding Subsection (d) to read as follows:
1212 (d) This section does not apply to a person who holds a valid
1313 driver's license issued by another state that includes an
1414 authorization to operate a motorcycle.
1515 SECTION 2. Section 521.1601, Transportation Code, as added
1616 by Chapter 1413 (S.B. 1317), Acts of the 81st Legislature, Regular
1717 Session, 2009, is amended to read as follows:
1818 Sec. 521.1601. DRIVER EDUCATION REQUIRED; EXCEPTION. (a)
1919 Subject to Subsection (b), the [The] department may not issue a
2020 driver's license to a person who is younger than 25 years of age
2121 unless the person submits to the department a driver education
2222 certificate issued under Chapter 1001, Education Code, that states
2323 that the person has completed and passed:
2424 (1) a driver education and traffic safety course
2525 conducted by an entity exempt from licensure under Section
2626 1001.002, Education Code, or a driver education course approved by
2727 the Texas Department of Licensing and Regulation under Chapter
2828 1001, Education Code; or
2929 (2) if the person is 18 years of age or older, a driver
3030 education course approved by the Texas Department of Licensing and
3131 Regulation under Section 1001.101 or 1001.1015, Education Code.
3232 (b) This section does not apply to a person who holds a valid
3333 driver's license issued by another state.
3434 SECTION 3. Section 522.034, Transportation Code, is amended
3535 by adding Subsection (d) to read as follows:
3636 (d) Subsections (a) and (b) do not apply to a person who
3737 holds a valid driver's license issued by another state that
3838 includes an authorization to operate a motorcycle.
3939 SECTION 4. Section 662.0005, Transportation Code, is
4040 amended by adding Subdivisions (4-a) and (4-b) and amending
4141 Subdivision (5) to read as follows:
4242 (4-a) "Instructor training course" means a course
4343 offered by an instructor training provider to prepare an individual
4444 for licensure as an instructor.
4545 (4-b) "Instructor training provider" means an
4646 individual who holds a license issued under this chapter that
4747 entitles the individual to offer and conduct instructor training
4848 courses for consideration.
4949 (5) "Motorcycle school" means a person who holds a
5050 license issued under this chapter that entitles the person to offer
5151 and conduct courses on motorcycle operation and safety for
5252 consideration [as part of the motorcycle operator training and
5353 safety program].
5454 SECTION 5. Section 662.0035, Transportation Code, is
5555 amended to read as follows:
5656 Sec. 662.0035. FEES. The commission may set fees in
5757 amounts reasonable and necessary to cover the costs of
5858 administering this chapter, including fees for:
5959 (1) the issuance and renewal of:
6060 (A) [a] motorcycle school licenses;
6161 (B) [license and] instructor licenses; and
6262 (C) instructor training provider licenses
6363 [license]; and
6464 (2) the approval of:
6565 (A) [courses provided under the] motorcycle
6666 operation [operator training] and safety courses; and
6767 (B) instructor training courses [program].
6868 SECTION 6. Section 662.0037(b), Transportation Code, is
6969 amended to read as follows:
7070 (b) The advisory board must consist of nine members
7171 appointed by the presiding officer of the commission, on approval
7272 of the commission, as follows:
7373 (1) three members:
7474 (A) each of whom must be an [a licensed]
7575 instructor or represent a [licensed] motorcycle school; and
7676 (B) who must collectively represent the
7777 diversity in size and type of the motorcycle schools licensed under
7878 this chapter;
7979 (2) one member who represents the motorcycle dealer
8080 retail industry;
8181 (3) one representative of a law enforcement agency;
8282 (4) one representative of the Texas A&M Transportation
8383 Institute;
8484 (5) one member who is an instructor training provider
8585 [representative of the Texas A&M Engineering Extension Service];
8686 and
8787 (6) two public members who hold a valid Class M
8888 driver's license issued under Chapter 521.
8989 SECTION 7. Section 662.005(a), Transportation Code, is
9090 amended to read as follows:
9191 (a) The department may contract with qualified persons,
9292 including institutions of higher education, as necessary to achieve
9393 the purposes of this chapter [:
9494 [(1) offer and conduct motorcycle operator training
9595 and safety courses under the program; or
9696 [(2) research motorcycle safety in this state].
9797 SECTION 8. Section 662.0062, Transportation Code, is
9898 amended by amending Subsections (a) and (b) and adding Subsections
9999 (a-1) and (b-1) to read as follows:
100100 (a) To be eligible for an instructor license, an applicant
101101 must:
102102 (1) have completed a department-approved instructor
103103 [commission-approved] training course [program on motorcycle
104104 operator training and safety instruction administered by the Texas
105105 A&M Engineering Extension Service]; and
106106 (2) have held for the two years preceding the date of
107107 submitting the application a valid driver's license that entitles
108108 the applicant to operate a motorcycle on a public road [; and
109109 [(3) have accumulated less than 10 points under the
110110 driver responsibility program established by Chapter 708].
111111 (a-1) The department may not issue an instructor license or
112112 instructor training provider license to an individual who has been
113113 convicted of:
114114 (1) during the preceding three years:
115115 (A) three or more moving violations described by
116116 Section 542.304 or a comparable offense committed in another state,
117117 including violations that resulted in an accident; or
118118 (B) two or more moving violations described by
119119 Section 542.304 or a comparable offense committed in another state
120120 that resulted in an accident; or
121121 (2) during the preceding seven years, an offense under
122122 Chapter 49, Penal Code, other than an offense under Section 49.02,
123123 Penal Code, or Section 49.031, Penal Code, or a comparable offense
124124 committed in another state.
125125 (b) The commission by rule may adopt additional
126126 requirements for issuance or renewal of an instructor license.
127127 (b-1) To be eligible for the issuance or renewal of an
128128 instructor training provider license, an applicant must:
129129 (1) have held for the two years preceding the date of
130130 submitting the application a valid driver's license that entitles
131131 the applicant to operate a motorcycle on a public road; and
132132 (2) meet any additional requirement adopted by rule by
133133 the commission, including a requirement to hold a license or
134134 certification or pass an examination.
135135 SECTION 9. Chapter 662, Transportation Code, is amended by
136136 adding Section 662.0063 to read as follows:
137137 Sec. 662.0063. CRIMINAL HISTORY RECORD INFORMATION
138138 REQUIREMENT FOR LICENSE ISSUANCE. (a) The department shall
139139 require that an applicant for an instructor license or instructor
140140 training provider license submit a complete and legible set of
141141 fingerprints, on a form prescribed by the executive director, to
142142 the department or to the Department of Public Safety for the purpose
143143 of obtaining criminal history record information from the
144144 Department of Public Safety and the Federal Bureau of
145145 Investigation.
146146 (b) The department may not issue an instructor license or
147147 instructor training provider license to a person who does not
148148 comply with the requirement of Subsection (a).
149149 (c) The department shall conduct a criminal history record
150150 information check of each applicant for an instructor license or
151151 instructor training provider license using information:
152152 (1) provided by the individual under this section; and
153153 (2) made available to the department by the Department
154154 of Public Safety, the Federal Bureau of Investigation, and any
155155 other criminal justice agency under Chapter 411, Government Code.
156156 (d) The department may:
157157 (1) enter into an agreement with the Department of
158158 Public Safety to administer a criminal history record information
159159 check required under this section; and
160160 (2) authorize the Department of Public Safety to
161161 collect from each applicant the costs incurred by the Department of
162162 Public Safety in conducting the criminal history record information
163163 check.
164164 SECTION 10. Section 662.0064, Transportation Code, is
165165 amended to read as follows:
166166 Sec. 662.0064. INSTRUCTOR TRAINING COURSES [;
167167 ADMINISTRATOR]. (a) An individual may not offer or conduct an
168168 instructor training course unless the individual holds an
169169 instructor training provider license issued by the department.
170170 (b) An instructor training course must be:
171171 (1) approved by the department;
172172 (2) offered and conducted in accordance with
173173 commission rules; and
174174 (3) conducted at a motorcycle school.
175175 (c) The commission by rule shall establish minimum
176176 curriculum standards for instructor training courses to be offered
177177 to meet the requirement of [Texas A&M Engineering Extension
178178 Service, in consultation with the department, shall administer the
179179 training program required by] Section 662.0062(a)(1).
180180 SECTION 11. Section 662.008, Transportation Code, is
181181 amended to read as follows:
182182 Sec. 662.008. GROUNDS FOR DISCIPLINARY ACTION [DENIAL,
183183 SUSPENSION, OR REVOCATION OF INSTRUCTOR OR MOTORCYCLE SCHOOL
184184 LICENSE]. (a) The executive director or commission may deny an
185185 application for or for the renewal of, suspend, or revoke a license
186186 issued under this chapter if the applicant, instructor, instructor
187187 training provider, or motorcycle school:
188188 (1) does not satisfy the requirements established
189189 under this chapter to receive or retain the license;
190190 (2) permits fraud or engages in a fraudulent practice
191191 with reference to an application for the license;
192192 (3) induces or countenances fraud or a fraudulent
193193 practice by a person applying for a driver's license or permit;
194194 (4) permits fraud or engages in a fraudulent practice
195195 in an action between the applicant or license holder and the public;
196196 or
197197 (5) fails to comply with this chapter or rules adopted
198198 under this chapter.
199199 (b) A proceeding under this section is a contested case
200200 under Chapter 2001, Government Code [Following denial of an
201201 application for a license or the suspension or revocation of a
202202 license issued under this chapter, notice and opportunity for a
203203 hearing must be given as provided by:
204204 [(1) Chapter 2001, Government Code; and
205205 [(2) Chapter 53, Occupations Code].
206206 SECTION 12. Section 662.011(b), Transportation Code, is
207207 amended to read as follows:
208208 (b) Money deposited to the credit of the motorcycle
209209 education fund account may be used only to defray the cost of:
210210 (1) administering the motorcycle operator training
211211 and safety program; and
212212 (2) conducting the motorcyclist safety and share the
213213 road campaign described by Section 201.621[; and
214214 [(3) administering the grant program under Section
215215 662.0115].
216216 SECTION 13. Section 662.012, Transportation Code, is
217217 amended to read as follows:
218218 Sec. 662.012. REPORTS. (a) The department may [shall]
219219 require each motorcycle school to report on the school's program in
220220 the form and manner prescribed by the department. [The report must
221221 include:
222222 [(1) the number and types of courses provided in the
223223 reporting period;
224224 [(2) the number of persons who took each course in the
225225 reporting period;
226226 [(3) the number of instructors available to provide
227227 training under the school's program in the reporting period;
228228 [(4) information collected by surveying persons
229229 taking each course as to the length of any waiting period the person
230230 experienced before being able to enroll in the course;
231231 [(5) the number of persons on a waiting list for a
232232 course at the end of the reporting period; and
233233 [(6) any other information the department reasonably
234234 requires.]
235235 (a-1) The department may require each instructor training
236236 provider to report on instructor training courses offered by the
237237 provider in the form and manner prescribed by the department.
238238 (b) If the department requires a motorcycle school or
239239 instructor training provider to submit a report under this section,
240240 the [The] department shall specify the information that must be
241241 included in the report [maintain the reports submitted under
242242 Subsection (a) on a by-site basis].
243243 (c) The department shall provide without charge a copy of
244244 the most recent reports submitted under this section [Subsection
245245 (a)] to any member of the legislature on request.
246246 SECTION 14. Section 1001.055(a), Education Code, is amended
247247 to read as follows:
248248 (a) The department shall provide to each licensed driver
249249 education provider or exempt driver education school driver
250250 education certificates or certificate numbers to enable the
251251 provider or school to issue department-approved driver education
252252 certificates to certify completion of an approved driver education
253253 course and satisfy the requirements of Sections 521.204(a)(2)[,
254254 Transportation Code, 521.1601, Transportation Code, as added by
255255 Chapter 1253 (H.B. 339), Acts of the 81st Legislature, Regular
256256 Session, 2009,] and 521.1601, Transportation Code[, as added by
257257 Chapter 1413 (S.B. 1317), Acts of the 81st Legislature, Regular
258258 Session, 2009].
259259 SECTION 15. Section 521.1601, Transportation Code, as added
260260 by Chapter 1253 (H.B. 339), Acts of the 81st Legislature, Regular
261261 Session, 2009, is repealed.
262262 SECTION 16. Section 662.0115, Transportation Code, is
263263 repealed.
264264 SECTION 17. (a) Except as otherwise provided by this
265265 section, this Act takes effect January 1, 2024.
266266 (b) This section and Sections 1, 2, 3, 14, and 15 of this Act
267267 take effect September 1, 2023.
268268 ______________________________ ______________________________
269269 President of the Senate Speaker of the House
270270 I hereby certify that S.B. No. 478 passed the Senate on
271271 April 3, 2023, by the following vote: Yeas 31, Nays 0.
272272 ______________________________
273273 Secretary of the Senate
274274 I hereby certify that S.B. No. 478 passed the House on
275275 May 16, 2023, by the following vote: Yeas 142, Nays 0,
276276 one present not voting.
277277 ______________________________
278278 Chief Clerk of the House
279279 Approved:
280280 ______________________________
281281 Date
282282 ______________________________
283283 Governor