PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 3. TEXAS HIGHWAY PATROL
SUBCHAPTER D. TRAFFIC SUPERVISION
The Texas Department of Public Safety adopts amendments to §3.51, concerning Traffic Supervision on Interstate Highways in Cities of 50,000 Population or Less, without changes to the proposed text as published in the December 5, 2008, issue of the Texas Register (33 TexReg 9938).
Adoption of the amendments to the section are necessary in order to change the word "accident" to "crash" in order to bring the rule into compliance with national standards.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Government Code, §411.006(4), which authorizes the Director to adopt rules, subject to commission approval, considered necessary for control of the department.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 26, 2009.
TRD-200900865
Stanley E. Clark
Director
Texas Department of Public Safety
Effective date: March 18, 2009
Proposal publication date: December 5, 2008
For further information, please call: (512) 424-2135
SUBCHAPTER C. COMMERCIAL VEHICLE REGISTRATION AND INSPECTION ENFORCEMENT
The Texas Department of Public Safety adopts amendments to §4.37, concerning Acceptance of Out-of-State Commercial Vehicle Inspection Certificate, without changes to the proposed text as published in the December 5, 2008, issue of the Texas Register (33 TexReg 9939).
Adoption of the first amendment to §4.37 is necessary in order to remove the State of Oklahoma from the list of jurisdictions certified by the Federal Motor Carrier Safety Administration as meeting the requirements of Title 49, Code of Federal Regulations, §396.23. Adoption of the second amendment to the section is necessary in order to add the State of Massachusetts to the list of jurisdictions certified by the Federal Motor Carrier Safety Administration as meeting the requirements of Title 49, Code of Federal Regulations, §396.23. Adoption of the final amendments to the section is necessary in order to clarify that only the bus inspection programs in the States of Connecticut and Wisconsin have been certified by the Federal Motor Carrier Safety Administration as meeting the requirements of Title 49, Code of Federal Regulations, §396.23.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Transportation Code, §548.002, which authorizes the department to adopt rules to administer and enforce the compulsory inspection of vehicles.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 26, 2009.
TRD-200900870
Stanley E. Clark
Director
Texas Department of Public Safety
Effective date: March 18, 2009
Proposal publication date: December 5, 2008
For further information, please call: (512) 424-2135
SUBCHAPTER A. GENERAL PROVISIONS
The Texas Department of Public Safety adopts the repeal of Chapter 14, Subchapter A, §14.1 and §14.2, concerning General Provisions of the School Bus Safety Standards, without changes to the proposed text as published in the December 5, 2008, issue of the Texas Register (33 TexReg 9939).
Adoption of repeal of the sections is necessary in order to delete obsolete language and because the text of the sections no longer reflect current statute and practices. Adoption of this repeal is filed simultaneously with the adoption of a new Subchapter A, §14.1 which promulgates revised general provisions for school bus safety standards.
No comments were received regarding adoption of the repeals.
The repeals are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Education Code, §34.002, which authorizes the department to adopt safety standards for school buses; and §34.0021, which authorizes the department to adopt rules for implementation of school bus emergency evacuation training; and Texas Transportation Code, §521.005, which authorizes the department to adopt rules to administer restrictions on operators of certain school buses; §545.426, which authorizes the department to adopt rules to administer the operation of a school bus; §547.102, which authorizes the department to adopt standards and specifications for school bus equipment; and §547.7015, which authorizes the department to adopt rules governing the design, color, lighting, and other equipment, construction, and operation of a school bus for the transportation of schoolchildren.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 26, 2009.
TRD-200900869
Stanley E. Clark
Director
Texas Department of Public Safety
Effective date: March 18, 2009
Proposal publication date: December 5, 2008
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts the repeal of Chapter 14, Subchapter B, §§14.11 - 14.13, concerning School Bus Driver Eligibility and Application Procedures, without changes to the proposed text as published in the December 5, 2008, issue of the Texas Register (33 TexReg 9940).
Adoption of repeal of the sections is necessary in order to delete obsolete language and because the text of the sections no longer reflect current statute and practices. Adoption of this repeal is filed simultaneously with the adoption of a new Subchapter B, §§14.11 - 14.13, which promulgates revised regulations for school bus driver qualifications.
No comments were received regarding adoption of the repeals.
The repeals are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Education Code, §34.002, which authorizes the department to adopt safety standards for school buses; and §34.0021, which authorizes the department to adopt rules for implementation of school bus emergency evacuation training; and Texas Transportation Code, §521.005, which authorizes the department to adopt rules to administer restrictions on operators of certain school buses; §545.426, which authorizes the department to adopt rules to administer the operation of a school bus; §547.102, which authorizes the department to adopt standards and specifications for school bus equipment; and §547.7015, which authorizes the department to adopt rules governing the design, color, lighting, and other equipment, construction, and operation of a school bus for the transportation of schoolchildren.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 26, 2009.
TRD-200900868
Stanley E. Clark
Director
Texas Department of Public Safety
Effective date: March 18, 2009
Proposal publication date: December 5, 2008
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts the repeal of Chapter 14, Subchapter C, §§14.31 - 14.36, concerning School Bus Driver Safety Training Program, without changes to the proposed text as published in the December 5, 2008, issue of the Texas Register (33 TexReg 9941).
Adoption of repeal of the sections is necessary in order to delete obsolete language and because the text of the sections no longer reflect current statute and practices. Adoption of this repeal is filed simultaneously with the adoption of a new Subchapter C, §§14.31 - 14.36, which promulgates revisions to the school bus driver safety program.
No comments were received regarding adoption of the repeals.
The repeals are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Education Code, §34.002, which authorizes the department to adopt safety standards for school buses; and §34.0021, which authorizes the department to adopt rules for implementation of school bus emergency evacuation training; and Texas Transportation Code, §521.005, which authorizes the department to adopt rules to administer restrictions on operators of certain school buses; §545.426, which authorizes the department to adopt rules to administer the operation of a school bus; §547.102, which authorizes the department to adopt standards and specifications for school bus equipment; and §547.7015, which authorizes the department to adopt rules governing the design, color, lighting, and other equipment, construction, and operation of a school bus for the transportation of schoolchildren.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 26, 2009.
TRD-200900867
Stanley E. Clark
Director
Texas Department of Public Safety
Effective date: March 18, 2009
Proposal publication date: December 5, 2008
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts the repeal of Chapter 14, Subchapter D, §§14.51 - 14.53, concerning School Bus Safety Standards, without changes to the proposed text as published in the December 5, 2008, issue of the Texas Register (33 TexReg 9942).
Adoption of repeal of the sections is necessary in order to delete obsolete language and because the text of the sections no longer reflect current statute and practices. Adoption of this repeal is filed simultaneously with the adoption of a new Subchapter D, §§14.51 - 14.54, which promulgates revised regulations for the school bus safety standards.
No comments were received regarding adoption of the repeals.
The repeals are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Education Code, §34.002, which authorizes the department to adopt safety standards for school buses; and §34.0021, which authorizes the department to adopt rules for implementation of school bus emergency evacuation training; and Texas Transportation Code, §521.005, which authorizes the department to adopt rules to administer restrictions on operators of certain school buses; §545.426, which authorizes the department to adopt rules to administer the operation of a school bus; §547.102, which authorizes the department to adopt standards and specifications for school bus equipment; and §547.7015, which authorizes the department to adopt rules governing the design, color, lighting, and other equipment, construction, and operation of a school bus for the transportation of schoolchildren.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 26, 2009.
TRD-200900866
Stanley E. Clark
Director
Texas Department of Public Safety
Effective date: March 18, 2009
Proposal publication date: December 5, 2008
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts the repeal of Chapter 14, Subchapter E, §§14.61 - 14.67, concerning Advertising General Provisions, without changes to the proposed text as published in the December 5, 2008, issue of the Texas Register (33 TexReg 9942).
Adoption of repeal of the sections is necessary in order to delete obsolete language and because the text of the sections no longer reflect current statute and practices. Adoption of this repeal is filed simultaneously with the adoption of a new Subchapter E, §§14.61 - 14.65, which promulgates revised regulations for the advertising requirements on school buses.
No comments were received regarding adoption of the repeals.
The repeals are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Transportation Code, §547.701(d), which authorizes the department to adopt rules to regulate the display of advertising on the exterior of a school bus.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 26, 2009.
TRD-200900871
Stanley E. Clark
Director
Texas Department of Public Safety
Effective date: March 18, 2009
Proposal publication date: December 5, 2008
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts new Chapter 14, Subchapter A, §14.1, concerning General Provisions, with changes to the proposed text as published in the December 5, 2008, issue of the Texas Register (33 TexReg 9943) and will be republished.
Adoption of new §14.1 is necessary in order to establish definitions for certain terms that are used throughout Chapter 14, School Bus Safety Standards. The new section is filed simultaneously with an adoption for the repeal of current Subchapter A, §14.1 and §14.2 and is necessary in order to delete obsolete language and because the text of the current sections no longer reflect current statute and practices.
The department accepted comment on the proposed rules through January 5, 2009. Written comments were submitted by Jim Dunlap and Keith A. Kaup representing Texas Association for Pupil Transportation (Gulf Coast Chapter); Patrick Garcia representing Education Service Center Region XI; Lou Autry representing Education Service Center Region X; Carolyn Tipton representing Education Service Center Region XV; Charley Kennington representing Education Service Center Region IV; Don Archer representing Education Service Center Region VI; Crystal Dockery representing Education Service Center Region XVI; Kenneth L. Coleman representing Borger Independent School District; and Kirk A. Self representing Canyon Independent School District.
The substantive comments, as well as the department's responses thereto, are summarized below:
COMMENT: Regarding §14.1. "Could examples of the Department's interpretation of 'any communication brought to the attention of the public in return for public recognition in connection with an event' be given? For example, is the school logo considered advertisement?"
RESPONSE: The department agrees with the comment and clarifies a school districts name and/or school or manufacturer logos are not to be considered advertisement for the purposes of compliance with §14.61 (School Bus Advertisement Applicability). The necessary change to the definition of "Advertisement" has been made in paragraph (1).
The new section is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Education Code, §34.002, which authorizes the department to adopt safety standards for school buses; and §34.0021, which authorizes the department to adopt rules for implementation of school bus emergency evacuation training; and Texas Transportation Code, §521.005, which authorizes the department to adopt rules to administer restrictions on operators of certain school buses; §545.426, which authorizes the department to adopt rules to administer the operation of a school bus; §547.102, which authorizes the department to adopt standards and specifications for school bus equipment; and §547.7015, which authorizes the department to adopt rules governing the design, color, lighting, and other equipment, construction, and operation of a school bus for the transportation of schoolchildren.
§14.1.Definitions.
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) Advertisement--Any communication brought to the attention of the public by paid announcement or in return for public recognition in connection with an event or offer or sale of a product or service, except for a single-line listing of a school district name and/or school or manufacturer logo approved by the department.
(2) Department--The Texas Department of Public Safety.
(3) Director--The director of the Texas Department of Public Safety or the designee of the director.
(4) Enrollment certificate--A valid provisional certificate issued by a training agency under the authority of the director indicating a person has enrolled in the School Bus Driver Safety Training Program as described in §14.36 of this title (relating to Enrollment Certificates) and meets the requirements designated therein.
(5) Medical advisory board--The Medical Advisory Board of the Texas Department of State Health Services.
(6) Medical examiner--A person who is licensed, certified, and/or registered, in accordance with applicable State laws and regulations, to perform physical examinations. The term includes, but is not limited to, doctors of medicine, doctors of osteopathy, physician assistants, advanced practice nurses, and doctors of chiropractic.
(7) Multifunction school activity bus--A motor vehicle that was manufactured in compliance with the federal motor vehicle safety standards for school buses in effect on the date of manufacture other than the standards requiring the bus to display alternately flashing red lights and to be equipped with movable stop arms, and that is used to transport preprimary, primary, or secondary students on a school-related activity trip other than on routes to and from school. The term does not include a school bus, a school activity bus, a school-chartered bus, or a bus operated by a mass transit authority.
(8) School activity bus--A bus designed to accommodate more than 15 passengers, including the operator, that is owned, operated, rented, or leased by a school district, county school, open-enrollment charter school, regional education service center, or shared services arrangement and that is used to transport public school students on a school-related activity trip, other than on routes to and from school. The term does not include a chartered bus, a bus operated by a mass transit authority, a school bus, or a multifunction school activity bus.
(9) School bus--A motor vehicle that was manufactured in compliance with the federal motor vehicle safety standards for school buses in effect on the date of manufacture and that is used to transport pre-primary, primary, or secondary students on a route to or from school or on a school-related activity trip other than on routes to and from school. The term does not include a school-chartered bus or a bus operated by a mass transit authority.
(10) School bus driver--A driver transporting school children and/or school personnel on routes to and from school or on a school-related activity trip while operating a multifunction school activity bus, school activity bus, or school bus.
(11) Training agency--The twenty Regional Education Service Centers of the Texas Education Agency approved by the department to teach the School Bus Driver Safety Training Program.
(12) Training certificate--A document issued under the authority of the director to a person indicating successful completion of the School Bus Driver Safety Training Program approved by the department.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 26, 2009.
TRD-200900872
Stanley E. Clark
Director
Texas Department of Public Safety
Effective date: March 18, 2009
Proposal publication date: December 5, 2008
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts new Chapter 14, Subchapter B, §§14.11 - 14.13, concerning School Bus Driver Qualifications, without changes to the proposed text as published in the December 5, 2008, issue of the Texas Register (33 TexReg 9944).
Adoption of the new sections is necessary in order to set forth employment qualification requirements for drivers of school buses, school activity buses, and multifunction school activity buses. The new sections are adopted simultaneously with an adoption for repeal of current Subchapter B, §§14.11 - 14.13 and are necessary in order to delete obsolete language and because the text of the current sections no longer reflect current statute and practices.
The department accepted comment on the proposed rules through January 5, 2009. No comments were received regarding adoption of new §§14.11 - 14.13.
The new sections are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Education Code, §34.002, which authorizes the department to adopt safety standards for school buses; and §34.0021, which authorizes the department to adopt rules for implementation of school bus emergency evacuation training; and Texas Transportation Code, §521.005, which authorizes the department to adopt rules to administer restrictions on operators of certain school buses; §545.426, which authorizes the department to adopt rules to administer the operation of a school bus; §547.102, which authorizes the department to adopt standards and specifications for school bus equipment; and §547.7015, which authorizes the department to adopt rules governing the design, color, lighting, and other equipment, construction, and operation of a school bus for the transportation of schoolchildren.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 26, 2009.
TRD-200900873
Stanley E. Clark
Director
Texas Department of Public Safety
Effective date: March 18, 2009
Proposal publication date: December 5, 2008
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts new Chapter 14, Subchapter C, §14.31, and §14.33, concerning School Bus Driver Safety Training Program, without changes to the proposed text as published in the December 5, 2008, issue of the Texas Register (33 TexReg 9947) and will not be republished. Sections 14.32 and 14.34 - 14.36 are adopted with changes and will be republished.
Adoption of the new sections is necessary in order to set forth the requirements of the driver safety training program for drivers of school buses, school activity buses, and multifunction school activity buses. The new sections are adopted simultaneously with an adoption for repeal of current Subchapter C, §§14.31 - 14.36 and are necessary in order to delete obsolete language and because the text of the current sections no longer reflect current statute and practices.
The department accepted comment on the proposed rules through January 5, 2009. Written comments were submitted by Jim Dunlap and Keith A. Kaup representing Texas Association for Pupil Transportation (Gulf Coast Chapter); Patrick Garcia representing Education Service Center Region XI; Lou Autry representing Education Service Center Region X; Carolyn Tipton representing Education Service Center Region XV; Charley Kennington representing Education Service Center Region IV; Don Archer representing Education Service Center Region VI; Crystal Dockery representing Education Service Center Region XVI; Kenneth L. Coleman representing Borger Independent School District; and Kirk A. Self representing Canyon Independent School District.
The substantive comments, as well as the department's responses thereto, are summarized below:
COMMENT: Regarding §14.32. Requests were received to modify the current thirty five (35) individual class sizes to a range of eighteen (18) to sixty (60) trainees per certified instructor.
RESPONSE: The department disagrees with the comment and feels a maximum classroom size of thirty five (35) per certified instructor is optimal to ensure the best possible learning environment. Therefore, no change was made to the rule based on this comment.
COMMENT: Regarding §14.32. Requests were received to include the wording "a minimum of" twenty (20) and eight (8) clock hours of instruction shall consist of the safety training program.
RESPONSE: The department agrees with the comment and has amended the language.
COMMENT: Regarding §14.32. Depending on the location and resources available it could take more than two (2) business days notification to accommodate the needs for persons with certain disabilities. Requests were received to extend the current two (2) business days to seven (7) business days or twenty (20) business days.
RESPONSE: The department agrees with the comment and feels seven (7) business days is a sufficient amount of time. Therefore, the language has been amended.
COMMENT: Regarding §14.32. Education Service Centers would have a financial hardship in sending the department the enormous amount of evaluations given each year. In addition, due to Education Service Center in-house processing procedures, it would not be possible to send course evaluations within fourteen (14) calendar days.
RESPONSE: The department agrees to withdraw the proposed language for submission of evaluation reports to the department.
COMMENT: Regarding §14.34. In order not to cause additional reporting time and undue hardship, Education Service Centers requested the reporting time for submission of instructor certification information be extended from fifteen (15) to thirty (30) calendar days.
RESPONSE: The department agrees with the comment and amends the proposed language.
COMMENT: Regarding §14.35. In order not to cause additional reporting time and undue hardship, Education Service Centers requested the reporting time for submission of school bus driver certification information including certificate issuance be extended from fourteen (14) to thirty (30) calendar days.
RESPONSE: The department agrees with the comment and amends the proposed language.
COMMENT: Regarding §14.35. The wording "six month (180 day)" period could mean more or less than 180 days, depending upon the months.
RESPONSE: The department agrees with the comment and amends the proposed language.
COMMENT: Regarding §14.35. Clarification is needed to determine if the reference to "certification" is the twenty (20) or eight (8) hour certification course for reinstate status during the 12 month interval immediately following certification expiration.
RESPONSE: The department agrees the wording creates an ambiguity and will include the term "initial" for further clarification.
COMMENT: Regarding §14.36. In order not to cause additional reporting time and undue hardship, Education Service Centers requested the reporting time for submission of school bus driver enrollment certification information including enrollment certificate issuance be extended from fourteen (14) to thirty (30) calendar days.
RESPONSE: The department agrees with the comment and amends the proposed language.
The new sections are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Education Code, §34.002, which authorizes the department to adopt safety standards for school buses; and §34.0021, which authorizes the department to adopt rules for implementation of school bus emergency evacuation training; and Texas Transportation Code, §521.005, which authorizes the department to adopt rules to administer restrictions on operators of certain school buses; §545.426, which authorizes the department to adopt rules to administer the operation of a school bus; §547.102, which authorizes the department to adopt standards and specifications for school bus equipment; and §547.7015, which authorizes the department to adopt rules governing the design, color, lighting, and other equipment, construction, and operation of a school bus for the transportation of schoolchildren.
§14.32.School Bus Driver Safety Training Program.
The school bus driver safety training program shall be provided in accordance with the following requirements:
(1) the school bus driver safety training program shall be administered by the approved training agency;
(2) the department shall have primary responsibility for program content, monitoring, and regulation; and for providing technical assistance to the training agency;
(3) program standards for providing school bus driver safety training shall include the following:
(A) the initial certification safety training course, Course Guide for School Bus Driver Training in Texas, shall consist of a minimum of twenty clock-hours of instruction;
(B) the recertification safety training course, Texas School Bus Driver Safety Training Recertification Course, shall consist of a minimum of eight clock-hours of instruction;
(C) individual class sessions shall be limited in duration to a maximum of four hours of instruction on a workday and eight hours of instruction on a non-workday. Rest breaks of no more than ten minutes are permitted between each consecutive hour of instruction;
(D) enrollment for individual classes shall be limited to a maximum of 35 trainees per certified instructor. A minimum of one certified instructor shall be in attendance during any class session;
(E) when scheduling and registering for classes, priority shall be given to those persons holding an enrollment certificate;
(F) reasonable accommodations may be requested for persons with certain disabilities who attend training classes and need auxiliary aids or services, such as an interpreter for the deaf or hearing impaired. Such requests should be directed to the appropriate training agency at least seven business days prior to the start of course instruction so that appropriate arrangements can be made;
(G) each trainee shall be given the opportunity to complete a course evaluation report at the end of each session; and
(H) any modifications to the program standards for the School Bus Driver Safety Training Program shall not be implemented by the training agency without prior approval of the department.
§14.34.Instructor Certification.
(a) To be eligible for instructor certification, an applicant must possess at least one of the following prerequisites:
(1) a valid "Texas Teacher Certificate";
(2) a minimum of two years of administrative or supervisory experience in school transportation; or
(3) a minimum of two years of work experience or study in driver training, traffic safety education, or a related field.
(b) In addition to the prerequisite(s) in subsection (a) of this section, an applicant may qualify for instructor certification only after meeting all of the following requirements:
(1) complete the certification course;
(2) serve as a student instructor for a certification course while practice teaching under the direct supervision of a currently certified instructor; and
(3) receive official approval from the sponsoring training agency.
(c) Upon satisfactory completion of all requirements, the training agency shall issue a qualified applicant an "Instructor's Certificate for School Bus Driver Safety Training in Texas", and properly submit the necessary verification information electronically to the department no later than thirty calendar days after issuance.
Figure: 37 TAC §14.34(c) (.pdf)
(d) Except as approved by the department, each instructor must teach a minimum of one certification course and one recertification course each calendar year in order to maintain current instructor certification status.
§14.35.School Bus Driver Certification.
(a) To obtain full initial school bus driver certification, a person must satisfactorily complete the certification course. The training agency shall issue a "Texas School Bus Driver Safety Training Certificate," and submit the necessary verification information electronically to the department within thirty days of course completion.
Figure: 37 TAC §14.35(a) (.pdf)
(b) Driver certification will remain valid for a period of three years as indicated by the expiration date on the certificate.
(c) Every school bus driver must hold a valid certificate stating that they have completed, or are enrolled in, the approved school bus driver safety training course.
(d) Any school bus driver whose certification has expired shall not operate a school bus, school activity bus, or multifunction school activity bus until such time as they become recertified or obtain an enrollment certificate. The following rules shall apply to certification renewals:
(1) To avoid a lapse in certification, the recertification course must be completed prior to expiration. The recertification course shall be completed during the 180 day period immediately preceding certification expiration. If the required training is completed within this preferred time interval, certification will then be renewed for a period of three years from the upcoming expiration date indicated on the current certificate.
(2) If the recertification course is completed more than 180 days prior to certification expiration, certification will then be renewed for a period of three years from the actual date of course completion.
(3) During the 12-month interval immediately following certification expiration, the recertification course may be completed for certification renewal. Certification will then be renewed for a period of three years from the actual date of course completion. Failure to satisfactorily complete the recertification course during this time frame will require completion of the initial certification course to reinstate certification status. During this time period, a person shall not drive a school bus, school activity bus, or multifunction school activity bus unless he/she has received an enrollment certificate. Issuance of an enrollment certificate during this dormant time interval will require the successful completion of the certification course in order to reinstate full certification status.
(e) Regardless of the reason, any course instruction missed must be completed by arrangement with the training agency. Except as approved by the training agency, all course requirements for certification must be completed within the 180-day period immediately following the start of instruction, otherwise no credit will be given for any class sessions previously attended. The entire course must be completed prior to awarding certification.
§14.36.Enrollment Certificate.
(a) A training agency may grant a qualified applicant temporary and provisional certification status in the form of an "Enrollment Certificate" upon receipt of a completed application from the requesting employer stating that this person has fulfilled all of the following eligibility requirements:
(1) at least 18 years of age;
(2) possess a valid driver's license designating a class appropriate (with applicable endorsements, if commercial driver license) for the gross vehicle weight rating and manufacturer's designed passenger capacity of motor vehicle to be operated;
(3) an acceptable driving record determined in accordance with §14.14 of this title (relating to Minimum Driving Record Qualifications);
(4) an acceptable criminal history record, secured from any law enforcement agency or criminal justice agency, and reviewed in accordance with the provisions of current state statute (see Chapter 22 of the Texas Education Code);
(5) meets the medical qualifications as specified in §14.12 of this title (relating to Medical Qualifications) and any pre-employment testing in accordance with current federal law; and
(6) each employer must ensure that all school bus drivers have an acceptable level of knowledge and skill regarding the safe operation of school buses, school activity buses, and/or multifunction school activity buses. It is the employer's inherent responsibility to ensure that the driver understands the contents of Units II, IV, V, VIII and X of the current Course Guide for School Bus Driver Training in Texas.
Figure: 37 TAC §14.36(a)(6) (.pdf)
(b) In addition to the prerequisites listed in subsection (a) of this section, the following rules shall apply to the issuance of all enrollment certificates:
(1) recipients must register for the first available twenty-hour certification course as determined by the training agency. Except as approved by the training agency, failure to satisfactorily complete the school bus driver certification course as scheduled shall result in revocation of the enrollment certificate;
(2) enrollment certificates shall be dated to expire no later than 180 days past the date issued. Except as approved by the training agency, a minimum of five years must elapse between the issuance of consecutive enrollment certificates;
(3) an enrollment certificate shall be similar to the standard school bus driver safety training certificate and contain the words, "Enrollment Certificate" either stamped or printed diagonally across the face of the training certificate; and
(4) the training agency shall submit to the department the necessary verification information electronically for all enrollment certifications within thirty days of issuance.
Figure: 37 TAC §14.36(b)(4) (.pdf)
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 26, 2009.
TRD-200900874
Stanley E. Clark
Director
Texas Department of Public Safety
Effective date: March 18, 2009
Proposal publication date: December 5, 2008
For further information, please call: (512) 424-2135
(Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figure in 37 TAC §14.52(a) is not included in the print version of the Texas Register. The figure is available in the on-line version of the March 13, 2009, issue of the Texas Register.)
The Texas Department of Public Safety adopts new Chapter 14, Subchapter D, §§14.51, 14.53, and 14.54, concerning School Bus Safety Standards, without changes to the proposed text as published in the December 5, 2008, issue of the Texas Register (33 TexReg 9949) and will not be republished. Section 14.52 is adopted with changes and will be republished.
Adoption of the new sections is necessary in order to set forth the vehicle equipment specifications for school buses, school activity buses, and multifunction school activity buses operated in the State of Texas. The new sections also implement the requirement of House Bill 3190, as passed by the 80th Texas Legislature, pertaining to school bus emergency evacuation training. The new sections are adopted simultaneously with an adoption for repeal of current Subchapter D, §§14.51 - 14.53 and are necessary in order to delete obsolete language and because the text of the current sections no longer reflect current statute and practices.
The department accepted comment on the proposed rules through January 5, 2009. Written comments were submitted by Jim Dunlap and Keith A. Kaup representing Texas Association for Pupil Transportation (Gulf Coast Chapter); Patrick Garcia representing Education Service Center Region XI; Lou Autry representing Education Service Center Region X; Carolyn Tipton representing Education Service Center Region XV; Charley Kennington representing Education Service Center Region IV; Don Archer representing Education Service Center Region VI; Crystal Dockery representing Education Service Center Region XVI; Kenneth L. Coleman representing Borger Independent School District; and Kirk A. Self representing Canyon Independent School District.
The substantive comments, as well as the department's responses thereto, are summarized below:
COMMENT: Regarding §14.52. The Texas School Bus Specifications were developed and derived for a motor vehicle (school bus) that is used to transport pre-primary, primary, or secondary students on routes to and from school or on a school related activity trip other than on routes to and from school. By definition, a school activity bus is not a "school bus" or "multifunction school activity bus" and cannot be held in compliance with the Texas School Bus Specifications.
RESPONSE: The department agrees with the comment and states the term school activity bus and multifunction school activity bus were included inadvertently. The necessary change has been made to the section.
The new sections are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Education Code, §34.002, which authorizes the department to adopt safety standards for school buses; and §34.0021, which authorizes the department to adopt rules for implementation of school bus emergency evacuation training; and Texas Transportation Code, §521.005, which authorizes the department to adopt rules to administer restrictions on operators of certain school buses; §545.426, which authorizes the department to adopt rules to administer the operation of a school bus; §547.102, which authorizes the department to adopt standards and specifications for school bus equipment; and §547.7015, which authorizes the department to adopt rules governing the design, color, lighting, and other equipment, construction, and operation of a school bus for the transportation of schoolchildren.
§14.52.Texas School Bus Specifications.
(a) All school bus chassis and body manufacturers shall certify to the department, in the form of a letter, that all school buses offered for sale to or use by the public school systems in Texas meet or exceed all standards, specifications, and requirements as specified in the department's publication Texas School Bus Specifications. The department hereby adopts the Texas School Bus Specifications for 2008 Model School Buses. Previously published Texas School Bus Specifications remain in effect for earlier model year school buses until the department repeals these publications.
Figure: 37 TAC §14.52(a) (.pdf)
(b) All school bus chassis and body manufacturers shall certify to the department, in the form of a letter, that all multifunction school activity buses offered for sale to or use by the public school systems in Texas meet or exceed all federal standards, specifications, and requirements of a multifunction school activity bus as specified in the Title 49, Code of Federal Regulations, Part 571.
(1) A multifunction school activity bus may be painted any color except National School Bus Glossy Yellow.
(2) A multifunction school activity bus cannot be used for home to school or school to home transportation. Before delivery of a multifunction school activity bus, the manufacturer must place a label in the direct line of site of the driver while seated in the driver's seat stating: "This vehicle is not to be used for home to school or school to home transportation".
(c) Any new school bus found out of compliance with the specifications that were in effect in Texas on the date the vehicle was manufactured will be placed out of service by the vehicle's owner until it is brought into compliance with the applicable specifications.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 26, 2009.
TRD-200900876
Stanley E. Clark
Director
Texas Department of Public Safety
Effective date: March 18, 2009
Proposal publication date: December 5, 2008
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts new Chapter 14, Subchapter E, §§14.62 - 14.65, concerning Advertising Requirements, without changes to the proposed text as published in the December 5, 2008, issue of the Texas Register (33 TexReg 9951) and will not be republished. Section 14.61 is adopted with changes and will be republished.
Adoption of the new sections is necessary in order to set forth the advertising display requirements for school buses. The new sections also establish a traffic crash reporting requirement for school buses that are displaying exterior advertising. The new sections are adopted simultaneously with an adoption for repeal of current Subchapter E, §§14.61 - 14.67 and are necessary in order to delete obsolete language and because the text of the current sections no longer reflect current statute and practices.
The department accepted comment on the proposed rules through January 5, 2009. Written comments were submitted by Jim Dunlap and Keith A. Kaup representing Texas Association for Pupil Transportation (Gulf Coast Chapter); Patrick Garcia representing Education Service Center Region XI; Lou Autry representing Education Service Center Region X; Carolyn Tipton representing Education Service Center Region XV; Charley Kennington representing Education Service Center Region IV; Don Archer representing Education Service Center Region VI; Crystal Dockery representing Education Service Center Region XVI; Kenneth L. Coleman representing Borger Independent School District; and Kirk A. Self representing Canyon Independent School District.
The substantive comments, as well as the department's responses thereto, are summarized below:
COMMENT: Regarding §14.61. It appears to be the intent of TRC 547.701(d) to regulate the advertising only on school buses that are used on routes for home to school and school to home transportation since that is the great danger for the school children while they are loading and unloading on a highway or street.
RESPONSE: The department agrees with the comment and states the term school activity bus and multifunction school activity bus were included inadvertently. The necessary change has been made to the section.
The new sections are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work and Texas Transportation Code, §547.701(d), which authorizes the department to adopt rules to regulate the display of advertising on the exterior of a school bus.
§14.61.Applicability.
This subchapter is applicable to all school buses used to transport preprimary, primary, and secondary public school students.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 26, 2009.
TRD-200900875
Stanley E. Clark
Director
Texas Department of Public Safety
Effective date: March 18, 2009
Proposal publication date: December 5, 2008
For further information, please call: (512) 424-2135