HBA-MPM C.S.S.B. 777 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 777
By: Bernsen
Public Education
5/19/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

A research study conducted by Nustats International for the Texas
Department of Transportation on the topic of littering has shown what types
of people tend to litter, the effectiveness of the current anti-litter
campaigns, and current trends on the type of litter being discarded along
Texas roads. C.S.S.B. 777 requires litter prevention information to be
included in the curriculum of certain driver education and driving safety
courses. In addition, C.S.S.B. 777 requires the commissioner of education
to adopt rules necessary to implement this provision and enforce the
adopted rules. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the commissioner of education in
SECTION 1 (Section 6, Article 4413(29c), V.T.C.S.) and SECTION 2 of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 6,  Article 4413(29c), V.T.C.S. (Texas Driver
and Traffic Safety Education Act), as follows: 

(a) Requires the commissioner of education (commissioner) to adopt rules
necessary to implement this Act and to enforce rules adopted by the
commissioner, rather than the State Board of Education (board).  Provides
that a reference in another provision of this Act to a rule adopted by the
board means a rule adopted by the commissioner. 

(b) Deletes existing text relating to the authority of the commissioner to
adopt and enforce temporary rules under this Act. 

(c)  Requires the commissioner, by rule, to require that information
relating to litter prevention be included in the curriculum of each driver
education and driving safety course. Requires the commissioner to consult
with the Department of Public Safety in developing rules under this
subsection. 

SECTION 2.  (a) Requires the commissioner of education to adopt rules under
the Texas Driver and Traffic Safety Education Act (Article 4413(29c),
V.T.C.S.), as amended by this Act, not later than January 1, 2001.
Provides that a rule adopted by the State Board of Education under the
Texas Driver and Traffic Safety Education Act before the effective date of
this Act remains in effect until superseded by a rule adopted by the
commissioner of education. 

(b) Requires the commissioner to adopt rules as added by this Act no later
than January 1, 2000. 

SECTION 3.Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in the caption to provide that this
Act relates to "the regulation  of driver training courses" rather than "to
a requirement that litter prevention information be included in the
curriculum of certain driver education and driving safety courses." 

The substitute modifies the original in SECTION 1 (Section 6, Article
4413(29c), V.T.C.S. (Texas Driver and Traffic Safety Education Act)), by
amending Subsection (a) to require the commissioner of education
(commissioner) to adopt rules necessary to implement this Act and enforce
rules adopted by the commissioner, rather than the State Board of Education
(board).  The substitute provides that a reference in another provision of
this Act to a rule adopted by the board means a rule adopted by the
commissioner.  In addition, the substitute deletes text from existing
Subsection (b) in regard to the authority of the commissioner to adopt and
enforce temporary rules under this Act. 

The substitute modifies the original in SECTION 2 by adding Subsection (a)
to require the commissioner of education to adopt rules under the Texas
Driver and Traffic Safety Education Act (Article 4413(29c), V.T.C.S.), as
amended by this Act, not later than January 1, 2001.  In addition, the
substitute provides that a rule adopted by the State Board of Education
under the Texas Driver and Traffic Safety Education Act before the
effective date of this Act remains in effect until superseded by a rule
adopted by the commissioner of education.  The substitute redesignates
proposed text in the original to Subsection (b) in the substitute.