Law:Title 5. Other Education (Texas)

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Contents

Chapter 1001. Driver And Traffic Safety Education

Subchapter A. General Provisions

Section  1001.001.  Definitions.

In this chapter:

(1)  "Agency" means the Texas Education Agency.

(2)  "Approved driving safety course" means a driving safety course approved by the commissioner.

(3)  "Commissioner" means the commissioner of education.

(4)  "Course provider" means an enterprise that:

(A)  maintains a place of business or solicits business in this state;

(B)  is operated by an individual, association, partnership, or corporation; and

(C)  has received an approval for a driving safety course from the commissioner or has been designated by a person who has received that approval to conduct business and represent the person in this state.

(5)  "Department" means the Texas Department of Public Safety.

(6)  "Driver education" means a nonvocational course of instruction that provides the knowledge and hands-on experience to prepare persons for written and practical driving tests that lead to authorization to operate a vehicle.

(7)  "Driver education school" means an enterprise that:

(A)  maintains a place of business or solicits business in this state; and

(B)  is operated by an individual, association, partnership, or corporation for educating and training persons at a primary or branch location in driver education or driver education instructor development.

(8)  "Driver training" means:

(A)  driver education provided by a driver education school; or

(B)  driving safety training provided by a driving safety school.

(9)  "Driver training school" means a driver education school or driving safety school.

(10)  "Driver training school employee" means a person, other than an owner, who directly or indirectly receives compensation from a driver training school for instructional or other services rendered.

(11)  "Driver training school owner" means:

(A)  in the case of a driver training school owned by an individual, the individual;

(B)  in the case of a driver training school owned by a partnership, all full, silent, or limited partners; or

(C)  in the case of a driver training school owned by a corporation, the corporation, its directors and officers, and each shareholder owning at least 10 percent of the total of the outstanding shares.

(12)  "Driving safety course" means a course of instruction intended to improve a driver's knowledge, perception, and attitude about driving.

(13)  "Driving safety school" means an enterprise that:

(A)  maintains a place of business or solicits business in this state; and

(B)  is operated by an individual, association, partnership, or corporation for educating and training persons in driving safety.

(14)  "Instructor" means an individual who holds a license for the type of instruction being given.

(15)  "Person" means an individual, firm, partnership, association, corporation, or other private entity or combination of persons.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.002.  Exemptions.

(a) An organization is exempt from this chapter if the organization:

(1)  has 50,000 or more members;

(2)  qualifies for a tax exemption under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(4) of that code; and

(3)  conducts for its members and other individuals who are at least 50 years of age a driving safety course that is not used for purposes of Article 45.0511, Code of Criminal Procedure.

(b)  A driving safety course is exempt from this chapter if the course is taught without providing a uniform certificate of course completion to a person who successfully completes the course.

(c)  A driver education course is exempt from this chapter, other than Section 1001.055, if the course is:

(1)  conducted by a vocational driver training school operated to train or prepare a person for a field of endeavor in a business, trade, technical, or industrial occupation;

(2)  conducted by a school or training program that offers only instruction of purely avocational or recreational subjects as determined by the commissioner;

(3)  sponsored by an employer to train its own employees without charging tuition;

(4)  sponsored by a recognized trade, business, or professional organization with a closed membership to instruct the members of the organization; or

(5)  conducted by a school regulated and approved under another law of this state.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.003.  Legislative Intent Regarding Small Businesses.

It is the intent of the legislature that agency rules that affect driver training schools that qualify as small businesses be adopted and administered so as to have the least possible adverse economic effect on the schools.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Text of section as amended by Acts 2009, 81st Leg., R.S., Ch. 1253, Sec. 3

For text of section as amended by Acts 2009, 81st Leg., R.S., Ch. 1413, Sec. 4, see other Sec. 1001.004.

Section 1001.004.  Cost Of Administering Chapter.

(a) Except as provided by Subsection (b), the cost of administering this chapter shall be included in the state budget allowance for the agency.

(b)  The commissioner may charge a fee to each driver education school in an amount not to exceed the actual expense incurred in the regulation of driver education courses established under Section 1001.1015.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1253, Sec. 3, eff. September 1, 2009.



Text of section as amended by Acts 2009, 81st Leg., R.S., Ch. 1413, Sec. 4

For text of section as amended by Acts 2009, 81st Leg., R.S., Ch. 1253, Sec. 3, see other Sec. 1001.004.

Section 1001.004.  Cost Of Administering Chapter.

(a) Except as provided by Subsection (b), the cost of administering this chapter shall be included in the state budget allowance for the agency.

(b)  The commissioner may charge a fee to each driver education school in an amount not to exceed the actual expense incurred in the regulation of driver education courses established under Section 1001.101(a)(2).

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1413, Sec. 4, eff. March 1, 2010.



Subchapter B. Powers And Duties

Section  1001.051.  Jurisdiction Over Schools.

The agency has jurisdiction over and control of driver training schools regulated under this chapter.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.052.  Rules.

The agency shall adopt and administer comprehensive rules governing driving safety courses.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.053.  Powers And Duties Of Commissioner.

(a) The commissioner shall:

(1)  administer the policies of this chapter;

(2)  enforce minimum standards for driver training schools under this chapter;

(3)  adopt and enforce rules necessary to administer this chapter; and

(4)  visit a driver training school or course provider and reexamine the school or course provider for compliance with this chapter.

(b)  The commissioner may designate a person knowledgeable in the administration of regulating driver training schools to administer this chapter.

(c)  The commissioner may adopt rules to ensure the integrity of approved driving safety courses and to enhance program quality.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.054.  Rules Restricting Advertising Or Competitive Bidding.

(a) The commissioner may not adopt a rule restricting advertising or competitive bidding by a driver training school except to prohibit a false, misleading, or deceptive practice.

(b)  The commissioner may not include in rules to prohibit false, misleading, or deceptive practices by a driver training school a rule that restricts:

(1)  the use of an advertising medium;

(2)  the outside dimensions of a printed advertisement or outdoor display;

(3)  the duration of an advertisement; or

(4)  advertisement under a trade name.

(c)  The commissioner by rule may restrict advertising by a branch location of a driver training school so that the location adequately identifies the primary location of the school in a solicitation.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.055.  Driver Education Certificates.

(a) The agency shall print and supply to each licensed or exempt driver education school driver education certificates to be used for certifying completion of an approved driver education course to satisfy the requirements of Sections 521.204(a)(2) and 521.1601, Transportation Code.  The certificates must be numbered serially.

(b)  The agency by rule shall provide for the design and distribution of the certificates in a manner that, to the greatest extent possible, prevents the unauthorized reproduction or misuse of the certificates.

(c)  The agency may charge a fee of not more than $4 for each certificate.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1253, Sec. 4, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1413, Sec. 5, eff. March 1, 2010.



Section  1001.056.  Uniform Certificates Of Course Completion.

(a) In this section, "operator" means a person approved by a course provider to conduct an approved driving safety course.

(b)  The agency shall provide each licensed course provider with course completion certificate numbers to enable the provider to print and issue agency-approved uniform certificates of course completion.

(b-1)  Certificate numbering under Subsection (b)  must be serial.

(c)  The agency by rule shall provide for the design of the certificates and the distribution of certificate numbers in a manner that, to the greatest extent possible, prevents the unauthorized production or the misuse of the certificates or certificate numbers.

(c-1)  A course provider shall provide for the printing and issuance of original and duplicate certificates in a manner that, to the greatest extent possible, prevents the unauthorized production or the misuse of the certificates.

(d)  A certificate under this section must:

(1)  be in a form required by the agency; and

(2)  include an identifying number by which the agency, a court, or the department may verify its authenticity with the course provider.

(e)  The agency may charge a fee of not more than $4 for each course completion certificate number.  A course provider that supplies a certificate to an operator shall collect from the operator a fee equal to the amount of the fee paid to the agency for the certificate number.

(f)  A course provider license entitles a course provider to purchase certificate numbers  for only one approved driving safety course.

(g)  A course provider shall issue a duplicate certificate by mail or commercial delivery.  The commissioner by rule shall determine the amount of the fee for issuance of a duplicate certificate under this subsection.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 928, Sec. 1, eff. September 1, 2005.



Section  1001.057.  Electronic Transmission Of Driving Safety Course Information.

The agency shall investigate options to develop and implement procedures to electronically transmit information relating to driving safety courses to municipal and justice courts.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Subchapter C. Curriculum

Text of section as amended by Acts 2009, 81st Leg., R.S., Ch. 1253, Sec. 5

For text of section as amended by Acts 2009, 81st Leg., R.S., Ch. 1413, Sec. 6, see other Sec. 1001.101.

Section 1001.101.  Adult And Minor Driver Education Course Curriculum And Textbooks.

(a) The commissioner by rule shall establish or approve the curriculum and designate the textbooks to be used in a driver education course for minors and adults, including a driver education course conducted by a school district, driver education school, or parent or other individual under Section 521.205, Transportation Code.

(b)  A driver education course must require the student to complete:

(1)  7 hours of behind-the-wheel instruction in the presence of a person who holds a driver education instructor license or who meets the requirements imposed under Section 521.205, Transportation Code;

(2)  7 hours of observation instruction in the presence of a person who holds a driver education instructor license or who meets the requirements imposed under Section 521.205, Transportation Code; and

(3)  20 hours of behind-the-wheel instruction, including at least 10 hours of instruction that takes place at night, in the presence of an adult who meets the requirements of Section 521.222(d)(2), Transportation Code.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1253, Sec. 5, eff. September 1, 2009.



Text of section as amended by Acts 2009, 81st Leg., R.S., Ch. 1413, Sec. 6

For text of section as amended by Acts 2009, 81st Leg., R.S., Ch. 1253, Sec. 5, see other Sec. 1001.101.

Section 1001.101.  Driver Education Course Curriculum And Educational Materials.

(a) The commissioner by rule shall establish the curriculum and designate the educational materials to be used in:

(1)  a driver education course for minors and adults; and

(2)  a driver education course exclusively for adults.

(b)  A driver education course under Subsection (a)(2) must:

(1)  be a six-hour course; and

(2)  include instruction in:

(A)  alcohol and drug awareness;

(B)  the traffic laws of this state;

(C)  highway signs, signals, and markings that regulate, warn, or direct traffic; and

(D)  the issues commonly associated with motor vehicle accidents, including poor decision-making, risk taking, impaired driving, distraction, speed, failure to use a safety belt, driving at night, failure to yield the right-of-way, and using a wireless communication device while operating a vehicle.

(c)  A course approved under Subsection (a)(2) may be offered as an online course.

(d)  A driving safety course or a drug and alcohol driving awareness program may not be approved as a driver education course under Subsection (a)(2).

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1413, Sec. 6, eff. March 1, 2010.



Section 1001.1015.  Adult Driver Education Course Curriculum And Educational Materials.

(a) The commissioner by rule shall establish the curriculum and designate the educational materials to be used in  a driver education course exclusively for adults.

(b)  A driver education course under Subsection (a) must:

(1)  be a six-hour course; and

(2)  include instruction in:

(A)  alcohol and drug awareness;

(B)  the traffic laws of this state;

(C)  highway signs, signals, and markings that regulate, warn, or direct traffic; and

(D)  the issues commonly associated with motor vehicle accidents, including poor decision-making, risk taking, impaired driving, distraction, speed, failure to use a safety belt, driving at night, failure to yield the right-of-way, and using a wireless communication device while operating a vehicle.

(c)  A course approved under Subsection (a) may be offered as an online course.

(d)  A driving safety course or a drug and alcohol driving awareness program may not be approved as a driver education course under Subsection (a).

Added by Acts 2009, 81st Leg., R.S., Ch. 1253, Sec. 6, eff. September 1, 2009.



Section  1001.102.  Alcohol Awareness Information.

(a) The agency by rule shall require that information relating to alcohol awareness and the effect of alcohol on the effective operation of a motor vehicle be included in the curriculum of any driver education course or driving safety course.

(b)  In developing rules under this section, the agency shall consult with the department.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section 1001.1025.  Motorcycle Awareness Information.

(a) The agency by rule shall require that information relating to motorcycle awareness, the dangers of failing to yield the right-of-way to a motorcyclist, and the need to share the road with motorcyclists be included in the curriculum of any driver education course or driving safety course.

(b)  In developing rules under this section, the agency shall consult with the department.

Added by Acts 2009, 81st Leg., R.S., Ch. 1391, Sec. 11, eff. September 1, 2009.



Section  1001.103.  Drug And Alcohol Driving Awareness Programs.

(a) In this section, "drug and alcohol driving awareness program" means a course with emphasis on curricula designed to prevent or deter misuse and abuse of controlled substances.

(b)  The agency shall develop standards for a separate school certification and approve curricula for drug and alcohol driving awareness programs that include one or more courses. Except as provided by agency rule, a program must be offered in the same manner as a driving safety course.

(c)  The standards under Subsection (b) may require a course provider to evaluate procedures, projects, techniques, and controls conducted as part of the program.

(d)  In accordance with Section 461.013(b), Health and Safety Code, the agency and the Texas Commission on Alcohol and Drug Abuse shall enter into a memorandum of understanding for the interagency approval of the required curricula.

(e)  Notwithstanding Section 1001.056, Subchapter D, and Sections 1001.213 and 1001.303, the commissioner may establish fees in connection with the programs under this section. The fees must be in amounts reasonable and necessary to administer the agency's duties under this section.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.104.  Hospital And Rehabilitation Facilities.

(a) The agency shall enter into a memorandum of understanding with the Texas Rehabilitation Commission and the department for the interagency development of curricula and licensing criteria for hospital and rehabilitation facilities that teach driver education.

(b)  The agency shall administer comprehensive rules governing driver education courses adopted by mutual agreement among the agency, the Texas Rehabilitation Commission, and the department.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.105.  Texas Department Of Insurance.

The agency shall enter into a memorandum of understanding with the Texas Department of Insurance for the interagency development of a curriculum for driving safety courses.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.106.  Information Relating To Railroad And Highway Grade Crossing Safety.

(a) A driving safety course must include information on railroad and highway grade crossing safety.

(b)  The commissioner by rule shall provide minimum standards of curriculum relating to operation of vehicles at railroad and highway grade crossings.

(c)  Sections 1001.454, 1001.456, and 1001.553 do not apply to a violation of this section or a rule adopted under this section.

(d)  Sections 1001.455(a)(6), 1001.501, 1001.551, 1001.552, and 1001.554 do not apply to a violation of this section.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.107.  Information Relating To Litter Prevention.

(a) The commissioner by rule shall require that information relating to litter prevention be included in the curriculum of each driver education and driving safety course.

(b)  In developing rules under this section, the commissioner shall consult the department.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.108.  Information Relating To Anatomical Gifts.

(a) The commissioner by rule shall require that information relating to anatomical gifts be included in the curriculum of each driver education course and driving safety course.

(b)  The curriculum must include information about each matter listed in Section 49.001(a), Health and Safety Code.

(c)  In developing rules under this section, the commissioner shall consult with the department and the Texas Department of Health.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section 1001.110.  Information Relating To Driving Distractions.

(a) The commissioner by rule shall require that information relating to the effect of using a wireless communication device or engaging in other actions that may distract a driver on the safe or effective operation of a motor vehicle be included in the curriculum of each driver education course or driving safety course.

(b)  In developing rules under this section, the commissioner shall consult with the department.

Added by Acts 2009, 81st Leg., R.S., Ch. 516, Sec. 1, eff. September 1, 2009.

Added by Acts 2009, 81st Leg., R.S., Ch. 1253, Sec. 7, eff. September 1, 2009.



Subchapter D. Fees

Section  1001.151.  Application, License, And Registration Fees.

(a) The commissioner shall collect application, license, and registration fees. The fees must be in amounts sufficient to cover administrative costs and are nonrefundable.

(b)  The fee for an initial driver education school license is $1,000 plus $850 for each branch location.

(c)  The fee for an initial driving safety school license is an appropriate amount established by the commissioner not to exceed $200.

(d)  The fee for an initial course provider license is an appropriate amount established by the commissioner not to exceed $2,000, except that the agency may waive the fee if revenue received from the course provider is sufficient to cover the cost of licensing the course provider.

(e)  The annual renewal fee for a course provider, driving safety school, driver education school, or branch location is an appropriate amount established by the commissioner not to exceed $200, except that the agency may waive the fee if revenue generated by the issuance of course completion certificate numbers and driver education certificates is sufficient to cover the cost of administering this chapter and Article 45.0511, Code of Criminal Procedure.

(f)  The fee for a change of address of:

(1)  a driver education school is $180; and

(2)  a driving safety school or course provider is $50.

(g)  The fee for a change of name of:

(1)  a driver education school or course provider or an owner of a driver education school or course provider is $100; and

(2)  a driving safety school or owner of a driving safety school is $50.

(h)  The application fee for each additional driver education or driving safety course at a driver training school is $25.

(i)  The application fee for:

(1)  each director is $30; and

(2)  each assistant director or administrative staff member is $15.

(j)  Each application for approval of a driving safety course that has not been evaluated by the commissioner must be accompanied by a nonrefundable fee of $9,000.

(k)  An application for an original driver education or driving safety instructor license must be accompanied by a processing fee of $50 and an annual license fee of $25, except that the commissioner may not collect the processing fee from an applicant for a driver education instructor license who is currently teaching a driver education course in a public school in this state.

(l)  The commissioner shall establish the amount of the fee for a duplicate license.

(m)  The commissioner may establish a fee for an application for approval to offer a driver education course by an alternative method of instruction under Section 1001.3541 in an amount the commissioner considers appropriate, not to exceed the amount sufficient to cover the costs of considering the application.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 928, Sec. 2, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch. 131, Sec. 2, eff. May 23, 2009.



Section  1001.152.  Duty To Review And Recommend Adjustments In Fee Amounts.

The commissioner shall periodically review the amounts of fees and recommend to the legislature adjustments to those amounts.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.153.  Complaint Investigation Fee.

(a) The commissioner shall establish the amount of the fee to investigate a driver training school or course provider to resolve a complaint against the school or course provider.

(b)  The fee may be charged only if:

(1)  the complaint could not have been resolved solely by telephone or in writing;

(2)  a representative of the agency visited the school or course provider as a part of the complaint resolution process; and

(3)  the school or course provider was found to be at fault.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Subchapter E. Licensing Of Schools And Course Providers

Section  1001.201.  License Required.

A person may not:

(1)  operate a school that provides a driver education course unless the person holds a driver education school license;

(2)  operate a school that provides driving safety courses unless the person holds a driving safety school license; or

(3)  operate as a course provider unless the person holds a course provider license.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.202.  Locations.

(a) A driver education school that teaches a driver education course at one or more branch locations must obtain a separate driver education school license for its main business location and for each branch location. A driver education school may not operate a branch location of a branch location.

(b)  A driving safety school may use multiple classroom locations to teach a driving safety course if each location:

(1)  is approved by the parent school and the agency;

(2)  has the same name as the parent school; and

(3)  has the same ownership as the parent school.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.203.  Application.

To operate or do business in this state, a driver training school must apply to the commissioner for the appropriate license. The application must:

(1)  be in writing;

(2)  be in the form prescribed by the commissioner;

(3)  include all required information; and

(4)  be verified.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.204.  Requirements For Driver Education School License.

The commissioner shall approve an application for a driver education school license if, on investigation of the premises of the school, it is determined that the school:

(1)  has courses, curricula, and instruction of a quality, content, and length that reasonably and adequately achieve the stated objective for which the courses, curricula, and instruction are offered;

(2)  has adequate space, equipment, instructional material, and instructors to provide training of good quality in the classroom and behind the wheel;

(3)  has directors, instructors, and administrators who have adequate educational qualifications and experience;

(4)  provides to each student before enrollment:

(A)  a copy of:

(i)  the refund policy;

(ii)  the schedule of tuition, fees, and other charges; and

(iii)  the regulations relating to absence, grading policy, and rules of operation and conduct; and

(B)  the name, mailing address, and telephone number of the agency for the purpose of directing complaints to the agency;

(5)  maintains adequate records as prescribed by the commissioner to show attendance and progress or grades and enforces satisfactory standards relating to attendance, progress, and conduct;

(6)  on completion of training, issues each student a certificate indicating the course name and satisfactory completion;

(7)  complies with all county, municipal, state, and federal regulations, including fire, building, and sanitation codes and assumed name registration;

(8)  is financially sound and capable of fulfilling its commitments for training;

(9)  has administrators, directors, owners, and instructors who are of good reputation and character;

(10)  maintains and publishes as part of its student enrollment contract the proper policy for the refund of the unused portion of tuition, fees, and other charges if a student fails to take the course or withdraws or is discontinued from the school at any time before completion;

(11)  does not use erroneous or misleading advertising, either by actual statement, omission, or intimation, as determined by the commissioner;

(12)  does not use a name similar to the name of another existing school or tax-supported educational institution in this state, unless specifically approved in writing by the commissioner;

(13)  submits to the agency for approval the applicable course hour lengths and curriculum content for each course offered by the school;

(14)  does not owe an administrative penalty under this chapter; and

(15)  meets any additional criteria required by the agency.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.205.  Requirements For Driving Safety School License.

The commissioner shall approve an application for a driving safety school license if on investigation the agency determines that the school:

(1)  has driving safety courses, curricula, and instruction of a quality, content, and length that reasonably and adequately achieve the stated objective for which the course, curricula, and instruction are developed by the course provider;

(2)  has adequate space, equipment, instructional material, and instructors to provide training of good quality;

(3)  has instructors and administrators who have adequate educational qualifications and experience;

(4)  maintains adequate records as prescribed by the commissioner to show attendance and progress or grades and enforces satisfactory standards relating to attendance, progress, and conduct;

(5)  complies with all county, municipal, state, and federal laws, including fire, building, and sanitation codes and assumed name registration;

(6)  has administrators, owners, and instructors who are of good reputation and character;

(7)  does not use erroneous or misleading advertising, either by actual statement, omission, or intimation, as determined by the commissioner;

(8)  does not use a name similar to the name of another existing school or tax-supported educational establishment in this state, unless specifically approved in writing by the commissioner;

(9)  maintains and uses the approved contract and policies developed by the course provider;

(10)  does not owe an administrative penalty under this chapter;

(11)  will not provide a driving safety course to a person for less than $25; and

(12)  meets additional criteria required by the commissioner.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.206.  Requirements For Course Provider License.

The commissioner shall approve an application for a course provider license if on investigation the agency determines that:

(1)  the course provider has an approved course that at least one licensed driving safety school is willing to offer;

(2)  the course provider has adequate educational qualifications and experience;

(3)  the course provider will:

(A)  develop and provide to each driving safety school that offers the approved course a copy of:

(i)  the refund policy; and

(ii)  the regulations relating to absence, grading policy, and rules of operation and conduct; and

(B)  provide to the driving safety school the name, mailing address, and telephone number of the agency for the purpose of directing complaints to the agency;

(4)  a copy of the information provided to each driving safety school under Subdivision (3) will be provided to each student by the school before enrollment;

(5)  not later than the 15th working day after the date the person successfully completes the course, the course provider will mail a uniform certificate of course completion to the person indicating the course name and successful completion;

(6)  the course provider maintains adequate records as prescribed by the commissioner to show attendance and progress or grades and enforces satisfactory standards relating to attendance, progress, and conduct;

(7)  the course provider complies with all county, municipal, state, and federal laws, including assumed name registration and other applicable requirements;

(8)  the course provider is financially sound and capable of fulfilling its commitments for training;

(9)  the course provider is of good reputation and character;

(10)  the course provider maintains and publishes as a part of its student enrollment contract the proper policy for the refund of the unused portion of tuition, fees, and other charges if a student fails to take the course or withdraws or is discontinued from the school at any time before completion;

(11)  the course provider does not use erroneous or misleading advertising, either by actual statement, omission, or intimation, as determined by the commissioner;

(12)  the course provider does not use a name similar to the name of another existing school or tax-supported educational institution in this state, unless specifically approved in writing by the commissioner;

(13)  the course provider does not owe an administrative penalty under this chapter; and

(14)  the course provider meets additional criteria required by the commissioner.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.207.  Bond Requirements: Driver Education School.

(a) Before a driver education school may be issued a license, the school must file a corporate surety bond with the commissioner in the amount of:

(1)  $10,000 for the primary location of the school; and

(2)  $5,000 for each branch location.

(b)  A bond issued under Subsection (a) must be:

(1)  issued in a form approved by the commissioner;

(2)  issued by a company authorized to do business in this state;

(3)  payable to the state to be used only for payment of a refund due to a student or potential student;

(4)  conditioned on the compliance of the school and its officers, agents, and employees with this chapter and rules adopted under this chapter; and

(5)  issued for a period corresponding to the term of the license.

(c)  Posting of a bond in the amount required under Subsection (a) satisfies the requirements for financial stability for driver education schools under this chapter.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.208.  Bond Not Required For Driving Safety School.

A driving safety school is not required to post a surety bond.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.209.  Bond Requirements: Course Provider.

(a) Before a course provider may be issued a license, the course provider must provide a corporate surety bond in the amount of $25,000.

(b)  A bond issued under Subsection (a) must be:

(1)  issued by a company authorized to do business in this state;

(2)  payable to the state to be used:

(A)  for payment of a refund due a student of the course provider's approved course;

(B)  to cover the payment of unpaid fees or penalties assessed by the agency; or

(C)  to recover any cost associated with providing course completion certificate numbers, including the cancellation of certificate numbers;

(3)  conditioned on the compliance of the course provider and its officers, agents, and employees with this chapter and rules adopted under this chapter; and

(4)  issued for a period corresponding to the term of the license.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 928, Sec. 3, eff. September 1, 2005.



Section  1001.210.  Alternate Form Of Security.

Instead of the bond required by Section 1001.207 or 1001.209, a driver education school or course provider may provide another form of security that is:

(A)  approved by the commissioner; and

(B)  in the amount required for a comparable bond under Section 1001.207 or 1001.209.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.211.  Issuance And Form Of License.

(a) The commissioner shall issue a license to an applicant for a license under this subchapter if:

(1)  the application is submitted in accordance with this subchapter; and

(2)  the applicant meets the requirements of this chapter.

(b)  A license must be in a form determined by the commissioner and must show in a clear and conspicuous manner:

(1)  the date of issuance, effective date, and term of the license;

(2)  the name and address of the driver training school or course provider;

(3)  the authority for and conditions of approval;

(4)  the commissioner's signature; and

(5)  any other fair and reasonable representation that is consistent with this chapter and that the commissioner considers necessary.

(c)  An applicant may obtain both a driver education school license and a driving safety school license.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.212.  Notice Of Denial Of License.

The commissioner shall provide a person whose application for a license under this subchapter is denied a written statement of the reasons for the denial.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.213.  License Not Transferable; Change Of Ownership.

(a) A license under this subchapter may not be transferred and is the property of the state.

(b)  If a change in ownership of a driver training school or course provider is proposed, a new owner shall apply for a new school or course provider license at least 30 days before the date of the change.

(c)  Instead of the fees required by Section 1001.151, the fee for a new driver education school or course provider license under Subsection (b) is $500, plus $200 for each branch location, if:

(1)  the new owner is substantially similar to the previous owner; and

(2)  there is no significant change in the management or control of the driver education school or course provider.

(d)  The commissioner is not required to reinspect a school or a branch location after a change of ownership.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.214.  Duplicate License.

A duplicate license may be issued to a driver training school or course provider if:

(1)  the original license is lost or destroyed; and

(2)  an affidavit of that fact is filed with the agency.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Subchapter F. Licensing Of Instructors

Section  1001.251.  License Required For Instructor.

(a) A person may not teach or provide driver education, either as an individual or in a driver education school, or conduct any phase of driver education, unless the person holds a driver education instructor license issued by the agency.

(b)  A person may not teach or provide driving safety training, either as an individual or in a driving safety school, or conduct any phase of driving safety education, unless the person holds a driving safety instructor license issued by the agency. This subsection does not apply to an instructor of a driving safety course that does not provide a uniform certificate of course completion to its graduates.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.252.  Signature And Seal On License Required.

A license under this subchapter must be signed by the commissioner.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.253.  Driver Education Instructor Training.

(a) The commissioner shall establish standards for certification of professional and paraprofessional personnel who conduct driver education programs in driver education schools.

(b)  A driver education instructor license authorizing a person to teach or provide behind-the-wheel training may not be issued unless the person has successfully completed six semester hours of driver and traffic safety education or a program of study in driver education approved by the commissioner from an approved driver education school.

(c)  A person who holds a driver education instructor license authorizing behind-the-wheel training may not be approved to assist a classroom instructor in the classroom phase of driver education unless the person has successfully completed the three additional semester hours of training required for a classroom instructor or a program of study in driver education approved by the commissioner.

(d)  Except as provided by Section 1001.254, a driver education instructor license authorizing a person to teach or provide classroom training may not be issued unless the person:

(1)  has completed nine semester hours of driver and traffic safety education or a program of study in driver education approved by the commissioner from an approved driver education school; and

(2)  holds a teaching certificate and any additional certification required to teach driver education.

(e)  A driver education instructor who has completed the educational requirements prescribed by Subsection (d)(1) may not teach instructor training classes unless the instructor has successfully completed a supervising instructor development program consisting of at least six additional semester hours or a program of study in driver education approved by the commissioner that includes administering driver education programs and supervising and administering traffic safety education.

(f)  A driver education school may submit for agency approval a curriculum for an instructor development program for driver education instructors. The program must:

(1)  be taught by a person who has completed a supervising instructor development program under Subsection (e); and

(2)  satisfy the requirements of this section for the particular program or type of training to be provided.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.254.  Temporary License.

(a) A temporary driver education instructor license may be issued authorizing a person to teach or provide classroom driver education training if the person:

(1)  has completed the educational requirements prescribed by Section 1001.253(d)(1);

(2)  holds a Texas teaching certificate with an effective date before February 1, 1986;

(3)  meets all license requirements, other than successful completion of the examination required under rules adopted by the State Board for Educator Certification to revalidate the teaching certificate; and

(4)  demonstrates, in a manner prescribed by the commissioner, the intention to comply with the examination requirement at the first available opportunity.

(b)  A license issued under this section is valid for six months and may not be renewed.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.255.  Regulation Of Certain Driver Education Instructors.

(a) The agency shall regulate as a driver education school a driver education instructor who:

(1)  teaches driver education courses in a county having a population of 50,000 or less; and

(2)  does not teach more than 200 students annually.

(b)  An instructor described by Subsection (a) must submit to the agency an application for an initial or renewal driver education school license, together with all required documentation and information.

(c)  The commissioner may waive initial or renewal driver education school license fees or the fee for a director or administrative staff member.

(d)  An instructor described by Subsection (a) is not exempt from a licensing requirement or fee.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.256.  Duplicate License.

A duplicate license may be issued to a driver education instructor or driving safety instructor if:

(1)  the original license is lost or destroyed; and

(2)  an affidavit of that fact is filed with the agency.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section 1001.257.  Denial Of License.

The commissioner may not issue or renew a driver education instructor license, including a temporary license, to a person who has six or more points assigned to the person's driver's license under Subchapter B, Chapter 708, Transportation Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 12.04, eff. September 1, 2009.

Added by Acts 2009, 81st Leg., R.S., Ch. 1253, Sec. 8, eff. September 1, 2009.



Subchapter G. License Expiration And Renewal

Section  1001.301.  Expiration Of School Or Course Provider License.

The term of a driver education school, driving safety school, or course provider license may not exceed one year.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.302.  Expiration Of Instructor License.

The term of a driver education instructor or driving safety instructor license may not exceed one year.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.303.  Renewal Of School Or Course Provider License.

(a) To renew the license of a driver education school, driving safety school, or course provider, the school or course provider must submit to the commissioner a complete application for renewal at least 30 days before the expiration date of the license.

(b)  A school or course provider that does not comply with Subsection (a) must, as a condition of renewal of the person's license, pay a late renewal fee. The late renewal fee is in addition to the annual renewal fee. The late renewal fee must be in the amount established by board rule of at least $100, subject to Subchapter D.

(c)  The commissioner may reexamine a driver education school's premises.

(d)  The commissioner shall renew or cancel the driver education school, driving safety school, or course provider license.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.304.  Renewal Of Instructor License.

(a) An application to renew a driver education instructor or driving safety instructor license must include evidence of completion of continuing education and be postmarked at least 30 days before the expiration date of the license.

(b)  The continuing education must be:

(1)  in courses approved by the commissioner; and

(2)  for the number of hours established by the commissioner.

(c)  An applicant who does not comply with Subsection (a) must pay a late renewal fee of $25.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Subchapter H. Practice By License Holders

Section  1001.351.  Course Provider Responsibilities.

(a) Not later than the 15th working day after the course completion date, a course provider or a person at the course provider's facilities shall issue a uniform certificate of course completion by mail or commercial delivery to a person who successfully completes an approved driving safety course.

(b)  A course provider shall electronically submit to the agency in the manner established by the agency data identified by the agency relating to uniform certificates of course completion issued by the course provider.

(c)  A course provider shall conduct driving safety instructor development courses for its approved driving safety courses.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 928, Sec. 4, eff. September 1, 2005.



Section  1001.352.  Fees For Driving Safety Course.

A course provider shall charge each student:

(1)  at least $25 for a driving safety course; and

(2)  a fee of at least $3 for course materials and for supervising and administering the course.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.353.  Driver Training Course At Public Or Private School.

A driver training school may conduct a driver training course at a public or private school for students of the public or private school as provided by an agreement with the public or private school. The course is subject to any law applicable to a course conducted at the main business location of the driver training school.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.354.  Locations Authorized For Driving Safety Course.

(a) A driving safety course may be taught at a driving safety school if the school is approved by the agency.

(b)  A driving safety school may teach an approved driving safety course by an alternative method that does not require students to be present in a classroom if the commissioner approves the alternative method. The commissioner may approve the alternative method if:

(1)  the commissioner determines that the approved driving safety course can be taught by the alternative method; and

(2)  the alternative method includes testing and security measures that are at least as secure as the measures available in the usual classroom setting.

(c)  On approval, the alternative method is considered to satisfy the requirements of this chapter for a driving safety course.

(d)  A location at which a student receives supplies or equipment for a course under Subsection (b) is considered a classroom of the school providing the course.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section 1001.3541.  Alternative Method Of Instruction For Driver Education Course.

(a) A driver education school may teach all or part of the classroom portion of an approved driver education course by an alternative method of instruction that does not require students to be present in a classroom if the commissioner approves the alternative method.

(b)  The commissioner may approve the alternative method only if:

(1)  the alternative method includes testing and security measures that the commissioner determines are at least as secure as the measures available in the usual classroom setting; and

(2)  the course, with the use of the alternative method, satisfies any other requirement applicable to a course in which the classroom portion is taught to students in the usual classroom setting.

Added by Acts 2009, 81st Leg., R.S., Ch. 131, Sec. 1, eff. May 23, 2009.



Section  1001.355.  Withholding Certain Records.

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.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.356.  Requirement To Carry License.

A driver education instructor or driving safety instructor shall carry the person's instructor license at all times while instructing a driver education course or driving safety course.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.357.  Contract With Unlicensed Driver Training School.

A contract entered into with a person for a course of instruction by or on behalf of a person operating an unlicensed driver training school is unenforceable.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Subchapter I. Refund Policies

Section  1001.401.  Cancellation And Settlement Policy.

As a condition for obtaining a driver education school license or course provider license, the school or course provider must maintain a cancellation and settlement policy that provides a full refund of all money paid by a student if:

(1)  the student cancels the enrollment contract before midnight of the third day, other than a Saturday, Sunday, or legal holiday, after the date the enrollment contract is signed by the student, unless the student successfully completes the course or receives a failing grade on the course examination; or

(2)  the enrollment of the student was procured as a result of a misrepresentation in:

(A)  advertising or promotional materials of the school or course provider; or

(B)  a representation made by an owner or employee of the school or course provider.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.402.  Termination Policy.

(a) As a condition for obtaining a driver education school license, the school must maintain a policy for the refund of the unused portion of tuition, fees, and other charges if a student, after expiration of the cancellation period described by Section 1001.401, does not enter the course or withdraws or is discontinued from the course at any time before completion.

(b)  The policy must provide that:

(1)  refunds are based on the period of enrollment computed on the basis of course time expressed in clock hours;

(2)  the effective date of the termination for refund purposes is the earliest of:

(A)  the last day of attendance, if the student's enrollment is terminated by the school;

(B)  the date the school receives written notice from the student; or

(C)  the 10th school day after the last day of attendance;

(3)  if tuition is collected in advance of entrance and if a student does not enter the school, terminates enrollment, or withdraws, the school:

(A)  may retain not more than $50 as an administrative expense; and

(B)  shall refund that portion of the student's remaining classroom tuition and fees and behind-the-wheel tuition and fees that corresponds to services the student does not receive;

(4)  the school shall refund items of extra expense to the student, including instructional supplies, books, laboratory fees, service charges, rentals, deposits, and all other charges not later than the 30th day after the effective date of enrollment termination if:

(A)  the extra expenses are separately stated and shown in the information provided to the student before enrollment; and

(B)  the student returns to the school any school property in the student's possession; and

(5)  refunds shall be completed not later than the 30th day after the effective date of enrollment termination.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.403.  Refund For Discontinued Course.

On the discontinuation of a course by a driver education school or a course provider that prevents a student from completing the course, all tuition and fees paid become refundable.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.404.  Interest On Refund.

(a) If a refund is not timely made, the driver education school or course provider shall pay interest on the amount of the refund. Interest begins to accrue on the first day after the expiration of the refund period and ends on the day preceding the date the refund is made.

(b)  The commissioner shall establish annually the rate of interest for a refund at a rate sufficient to provide a deterrent to the retention of student money.

(c)  The agency may except a driver education school or course provider from the payment of interest if the school or course provider makes a good-faith effort to refund tuition, fees, and other charges but is unable to locate the student to whom the refund is owed. On request of the agency, the school or course provider shall document the effort to locate a student.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Subchapter J. Prohibited Practices And Disciplinary Actions

Section  1001.451.  Prohibited Practices.

A person may not:

(1)  use advertising designed to mislead or deceive a prospective student;

(2)  fail to notify the commissioner of the discontinuance of the operation of a driver training school before the fourth working day after the date of cessation of classes and make available accurate records as required by this chapter;

(3)  issue, sell, trade, or transfer:

(A)  a uniform certificate of course completion or driver education certificate to a person or driver training school not authorized to possess the certificate;

(B)  a uniform certificate of course completion to a person who has not successfully completed an approved, six-hour driving safety course; or

(C)  a driver education certificate to a person who has not successfully completed a commissioner-approved driver education course;

(4)  negotiate a promissory instrument received as payment of tuition or another charge before the student completes 75 percent of the course, except that before that time the instrument may be assigned to a purchaser who becomes subject to any defense available against the school named as payee; or

(5)  conduct any part of an approved driver education course or driving safety course without having an instructor physically present in appropriate proximity to the student for the type of instruction being given.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.452.  Course Of Instruction.

A driver training school may not maintain, advertise, solicit for, or conduct a course of instruction in this state before the later of:

(1)  the 30th day after the date the school applies for a driver training school license; or

(2)  the date the school receives a driver training school license from the commissioner.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.453.  Distribution Of Written Information On Course Provider.

(a) A person may not distribute within 500 feet of a court with jurisdiction over an offense to which Article 45.0511, Code of Criminal Procedure, applies written information that advertises a course provider.

(b)  A course provider loses its course provider status if the course provider or the course provider's agent, employee, or representative violates this section.

(c)  This section does not apply to distribution of information:

(1)  by a court; or

(2)  to a court to advise the court of the availability of the course or to obtain approval of the course.

(d)  Sections 1001.454, 1001.456(a), and 1001.553 do not apply to a violation of this section or a rule adopted under this section.

(e)  Sections 1001.455(a)(6), 1001.501, 1001.551, 1001.552, and 1001.554 do not apply to a violation of this section.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.454.  Revocation Of Or Placement Of Conditions On School Or Course Provider License.

(a) The commissioner may revoke the license of a driver training school or course provider or may place reasonable conditions on the school or course provider if the commissioner has reasonable cause to believe that the school or course provider has violated this chapter or a rule adopted under this chapter.

(b)  On revocation of or placement of conditions on the license, the commissioner shall notify the license holder, in writing, of the action and the grounds for the action.

(c)  The commissioner may reexamine a school or course provider two or more times during any year in which the commissioner provides a notice relating to the school or course provider under this section.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.455.  Denial, Suspension, Or Revocation Of Instructor License.

(a) The agency may deny an application for an instructor license or suspend or revoke the license of an instructor if the instructor:

(1)  fails to meet a requirement for issuance of or holding a license under this chapter;

(2)  permits fraud or engages in fraudulent practices relating to the application;

(3)  induces or countenances fraud or fraudulent practices on the part of an applicant for a driver's license or permit;

(4)  permits or engages in any other fraudulent practice in an action between the applicant or license holder and the public;

(5)  fails to comply with agency rules relating to driver instruction; or

(6)  fails to comply with this chapter.

(b)  Not later than the 10th day after the date of a denial, suspension, or revocation under this section, the agency shall notify the applicant or license holder of that action by certified mail.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.456.  Other Disciplinary Actions.

(a) If the agency believes that a driver education school or instructor has violated this chapter or a rule adopted under this chapter, the agency may, without notice:

(1)  order a peer review;

(2)  suspend the enrollment of students in the school or the offering of instruction by the instructor; or

(3)  suspend the right to purchase driver education certificates.

(b)  If the agency believes that a course provider, driving safety school, or driving safety instructor has violated this chapter or a rule adopted under this chapter, the agency may, without notice:

(1)  order a peer review of the course provider, driving safety school, or driving safety instructor;

(2)  suspend the enrollment of students in the school or the offering of instruction by the instructor; or

(3)  suspend the right to purchase course completion certificate numbers.

(c)  A peer review ordered under this section must be conducted by a team of knowledgeable persons selected by the agency. The team shall provide the agency with an objective assessment of the content of the school's or course provider's curriculum and its application. The school or course provider shall pay the costs of the peer review.

(d)  A suspension of enrollment under Subsection (a)(2) or (b)(2) means a ruling by the commissioner that restricts a school from:

(1)  accepting enrollments or reenrollments;

(2)  advertising;

(3)  soliciting; or

(4)  directly or indirectly advising prospective students of its program or course offerings.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 928, Sec. 5, eff. September 1, 2005.



Section  1001.457.  Term Of License Suspension.

A license may not be suspended for less than 30 days or more than one year.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.458.  Surrender Of License.

(a) A license holder whose license is suspended or revoked shall surrender the license to the agency not later than the fifth day after the date of suspension or revocation.

(b)  The agency may reinstate a suspended license on full compliance by the license holder with this chapter.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.459.  Appeal And Request For Hearing.

(a) A person aggrieved by a denial, suspension, or revocation of a license may appeal the action and request a hearing before the commissioner.

(b)  The request must be submitted not later than the 15th day after the date the person receives notice under Section 1001.455. On receipt of a request for a hearing, the commissioner shall set a time and place for the hearing and send notice of the time and place to the aggrieved person.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.460.  Hearing. (a)

The hearing on an appeal shall be held not later than the 30th day after the date the request for a hearing is received under Section 1001.459.

(b)  Except as provided by Subsection (e), the commissioner shall conduct the hearing and may administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant books, papers, and documents.

(c)  At the hearing, the aggrieved person may appear in person or by counsel and present evidence. Any interested person may appear and present oral or documentary evidence.

(d)  Based on the evidence submitted at the hearing, the commissioner shall take the action the commissioner considers necessary in connection with the denial, suspension, or revocation of the license. Not later than the 10th day after the date of the hearing, the commissioner shall notify the aggrieved person by certified mail of the commissioner's decision.

(e)  The agency may contract with another entity to conduct a hearing under this subchapter.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.461.  Judicial Review.

(a) A decision under Section 1001.460 may be appealed to a district court in Travis County.

(b)  Unless stayed by the court on a showing of good cause, the commissioner's decision may not be superseded during appeal.

(c)  On filing the appeal, citation shall be served on the commissioner, who shall make a complete record of all proceedings before the commissioner and certify a copy to the court.

(d)  Trial is before the court and shall be based on the record before the commissioner. The court shall make its decision based on the record. The court shall affirm the commissioner's decision if the court finds substantial evidence in the record to support the decision, unless the court finds the commissioner's decision to be:

(1)  arbitrary and capricious;

(2)  in violation of the constitution or a law of the United States or this state; or

(3)  in violation of a rule adopted by the commissioner under this chapter.

(e)  A decision of the court is subject to appeal in the manner provided for civil actions generally.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Subchapter K. Class Action Suits

Section  1001.501.  Authority To Bring Class Action.

(a) A person who is injured by an act taken or permitted in violation of this chapter may, on behalf of the person and others similarly situated, bring an action in a district court, regardless of the amount in controversy, for damages, temporary or permanent injunctive relief, declaratory relief, or other relief in accordance with Rule 42, Texas Rules of Civil Procedure. Venue for an action under this section is in Travis County.

(b)  A person who files an action under this section shall promptly notify the attorney general. The attorney general may join in the action as a party plaintiff on the filing of an application not later than the 30th day after the date the action is filed.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.502.  Notice.

(a) In a class action under Section 1001.501, the court:

(1)  shall direct the defendant to serve the best notice practicable on each member of the class; and

(2)  may direct that individual notice be served on each member of the class who can be identified through reasonable efforts.

(b)  The notice must inform each recipient that:

(1)  the person is thought to be a member of the class; and

(2)  if the person is a member of the class, the person may enter an appearance and join in the action.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.503.  Judgment.

(a) The court shall enter judgment in the class action in a form that may be justified.

(b)  Damages may be awarded only to a member of the class joined as a party plaintiff. All other relief granted by the court inures to the benefit of all members of the class.

(c)  A prevailing plaintiff in a class action shall be awarded court costs and reasonable attorney's fees. A legal aid society or legal services program that represents a prevailing plaintiff shall be awarded a service fee instead of attorney's fees.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Subchapter L. Penalties And Enforcement Provisions

Section  1001.551.  Injunction In General.

(a) If a person violates this chapter, the commissioner, through the attorney general, shall apply in the state's name for an order to enjoin the violation of or to enforce compliance with this chapter.

(b)  On a finding by a court in which a verified petition is filed that a person has violated this chapter, the court may issue, without notice or bond, a temporary restraining order enjoining the continued violation of this chapter. If after a hearing it is established that the person has violated or is violating this chapter, the court may issue a permanent injunction to enjoin the violation of or to enforce compliance with this chapter.

(c)  A proceeding under this section is in addition to any other remedy or penalty provided by this chapter.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.552.  Injunction Against School.

(a) If the commissioner believes that a driver training school has violated this chapter, the commissioner shall apply for an injunction restraining the violation.

(b)  Venue for an action under this section is in Travis County.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.553.  Administrative Penalty.

(a) After an opportunity for a hearing, the commissioner may impose an administrative penalty on a person who violates this chapter or a rule adopted under this chapter.

(b)  The amount of the penalty may not exceed $1,000 a day for each violation.

(c)  The attorney general, at the request of the agency, may bring an action to collect the penalty.

(d)  A penalty imposed under this section is in addition to any other remedy provided by law, including injunctive relief.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.554.  General Criminal Penalty.

(a) A person commits an offense if the person violates this chapter.

(b)  An offense under this section is punishable by:

(1)  a fine of not less than $100 or more than $20,000;

(2)  confinement in the county jail for a term not to exceed six months; or

(3)  both the fine and confinement.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.



Section  1001.555.  Unauthorized Transfer Or Possession Of Certificate; Offense.

(a) A person commits an offense if the person knowingly sells, trades, issues, or otherwise transfers, or possesses with intent to sell, trade, issue, or otherwise transfer, a uniform certificate of course completion, a course completion certificate number, or a driver education certificate to an individual, firm, or corporation not authorized to possess the certificate or number.

(b)  The agency shall contract with the department to provide undercover and investigative assistance in the enforcement of Subsection (a).

(c)  A person commits an offense if the person knowingly possesses a uniform certificate of course completion, a course completion certificate number, or a driver education certificate and is not authorized to possess the certificate or number.

(d)  An offense under this section is a felony punishable by imprisonment in the Texas Department of Criminal Justice for a term not to exceed five years.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 928, Sec. 6, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.055, eff. September 1, 2009.


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