HBA-NIK S.B. 328 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 328 By: Harris Public Safety 5/2/1999 Engrossed BACKGROUND AND PURPOSE Currently, Texas law authorizes a person to attend driver education school in certain designated locations, which include both public schools and private sector driver education schools. The public school districts and private sector driven education schools in Texas use the same classroom and incar curriculum, but each is regulated by different standards. S.B. 328 holds public and private schools to a uniform set of standards, and addresses other technical issues outlined by the Texas Education Agency as well as driver education schools. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2, Article 4413(29c), V.T.C.S. (Texas Driver and Traffic Safety Education Act), to provide that the purpose of this Act is to improve driver knowledge and skills through the licensing and regulation by the Texas, rather than Central, Education Agency (agency) of driver training schools and driver training instructor in Texas. SECTION 2. Amends Section 3, Article 4413(29c), V.T.C.S. (Texas Driver and Traffic Safety Education Act), to redefine "agency." Deletes the definition of term "board." Redesignates (3)-(22) as (2)-(21). Redefines "uniform certificate of completion," "driver education school," and "driving safety course owner." Makes conforming changes. SECTION 3. Amends Section 4(b), Article 4413(29c), V.T.C.S. (Texas Driver and Traffic Safety Education Act), to make a conforming change. SECTION 4. Amends Sections 6, 8, 9, and 9A, Article 4413(29c), V.T.C.S. (Texas Driver and Traffic Safety Education Act), as follows: Sec. 6. DUTIES OF COMMISSIONER. Adds the adoption of rules necessary to implement this Act to the duties of the commissioner of education (commissioner). Deletes text authorizing the commissioner to adopt and enforce temporary rules under this Act, but the temporary rules are valid until the next meeting of the board. Sec. 8. COMPETITIVE BIDDING; ADVERTISING. Makes conforming changes. Sec. 9. PROHIBITIONS. Adds an exception as provided by Section 521.2225, Transportation Code, to the prohibition that a person is prohibited from issuing, selling, trading, or transferring a driver education certificate to a person who has not completed an agency-approved course. Sec. 9A. DRIVER EDUCATION CERTIFICATES. Requires the agency to print and supply to licensed and exempt driver education schools specified certificates for the purpose of Section 521.294, Transportation Code, rather than 7(a), Chapter 173, Acts of the 47th Legislature, regular Session, 1941 (Article 6687b, V.T.C.S.). Prohibits the agency from charging a fee of more than $6, rather than $4, for each certificate. Requires the agency to establish a database that contains information pertinent to driver education certificates and to make the database available electronically to the Department of Public Safety. Sets forth the information that must be included for each driver education certificate issued. Makes conforming changes. SECTION 5. Amends Section 12(a), Article 4413(29c), V.T.C.S. (Texas Driver and Traffic Safety Education Act), to provide that to operate or do business in this state, a public school district, driver education school, or driver safety school must make written application to the commissioner for a driver education or driving safety school license. Makes a conforming change. SECTION 6. Amends Sections 13(a), (a-1), and (a-2), Article 4413(29c), V.T.C.S. (Texas Driver and Traffic Safety Education Act), to make conforming changes. SECTION 7. Amends Section 13(b), Article 4413(29c), V.T.C.S. (Texas Driver and Traffic Safety Education Act), to add that a public school district is exempt from license, application, and registration fees. Makes conforming changes. SECTION 8. Amends Section 13(c), Article 4413(29c), V.T.C.S. (Texas Driver and Traffic Safety Education Act), to make conforming changes. SECTION 9. Amends Section 13(d)(1) and (4), Article 4413(29c), V.T.C.S. (Texas Driver and Traffic Safety Education Act), to make conforming changes. SECTION 10. Amends Section 13(g)(2), Article 4413(29c), V.T.C.S. (Texas Driver and Traffic Safety Education Act), to provide that a driving safety school, or a public school district that teaches driver education, is not required to post a surety bond. SECTION 11. Amends Section 13A(e), Article 4413(29c), V.T.C.S. (Texas Driver and Traffic Safety Education Act), to make a conforming change. SECTION 12. Amends Section 15(c), Article 4413(29c), V.T.C.S. (Texas Driver and Traffic Safety Education Act), to make a conforming change. SECTION 13. Amends Sections 15A(a), (b), (c), and (d), Article 4413(29c), V.T.C.S. (Texas Driver and Traffic Safety Education Act), to authorize a person holding a driver education instructor license in an emergency to be approved to substitute for classroom instructors under rules established by the agency. Provides that a person must hold a bachelor's degree, rather than a teaching certificate and any additional certification required to teach driver education, in order to be issued a driver education instructor license. Makes conforming changes. SECTION 14, Amends Article 4413(29c), V.T.C.S. (Texas Driver and Traffic Safety Education Act), as follows: Sec. 16A. SUBPOENAS. (a) Authorizes the commissioner to issue a subpoena or subpoena duces tecum for purposes relating to investigation, issuing, suspending, restricting, revoking, ordering a license; or denying or granting a license. (b) Provides that failure to timely comply with a subpoena under this section is a ground for disciplinary action by the agency and the denial of an application. SECTION 15. Amends Section 18 (c), Article 4413(29c), V.T.C.S. (Texas Driver and Traffic Safety Education Act), to make a conforming change. SECTION 16. Amends Section 29.902, Education Code, to require the agency to develop a program of organized instruction in driver education and traffic safety for public school students consistent with Article 4413(29c), V.T.C.S. (Texas Driver and Traffic Safety Education Act). Makes a conforming change. SECTION 17. Amends Section 521.204, transportation Code, to authorize the Department of Public Safety (DPS) to issue a Class C driver's license to an applicant under 18 years of age only if the applicant is, among other specifications, a student enrolled in a public school, home school, or private school who attended school for at least 90 percent of the days, rather than at least 80 days, classes were offered at the school. SECTION 18. Amends Section 521.222(a), Transportation Code, to authorize DPS or a licensed driver to issue an instruction permit to a person who has, with regard to, rather than satisfactorily completed and passed the classroom phase of, an approved driver education course, which may be a course under Section 521.205, satisfactorily completed within a certain time. SECTION 19. Amends Subchapter K, Chapter 521, Transportation Code, as follows: Sec. 521.2225. TEMPORARY INSTRUCTION PERMIT. (a) Authorizes a licensed driver education school to issue an instruction permit to a person who is at least 15, but not yet 18; has satisfactorily completed and passed the classroom phase of an approved course or has enrolled in an approved course of at least 32 hours in which the classroom and laboratory are conducted concurrently; has obtained a high school diploma or its equivalent or is a specified type of student; and has passed each exam required under Section 521.161 other than the driving test. (b) Provides that an instruction permit expires on the 45th day after the date of issuance. (c) Requires a driver education school that issues the instruction permit portion of a driver education certificate to notify the Texas Education Agency. Requires the agency to maintain the information in the specified database. SECTION 20. Amends Section 543.111(a), Transportation Code, to require the commissioner of education, rather than the State Board of Education, to enter into a memorandum of understanding with the Texas Department of Insurance for the interagency development of a curriculum for driving safety courses. SECTION 21. Amends Section 543.112(c), Transportation Code, to make a conforming change. SECTION 22. Repealer: Section 5 (License Required for Supervisory Driver-Training Instructor and Driver-Training Instructor) , Article 4413(29c), V.T.C.S. (Texas Driver and Traffic Safety Education Act). SECTION 23. Effective date: September 1, 1999. SECTION 24. Emergency clause.