The Texas Education Agency (TEA) proposes amendments to §§176.1101 - 176.1105, 176.1107 - 176.1109, 176.1111 - 176.1113, and 176.1116 - 176.1118, and the repeal of and new §176.1110, concerning driver training schools. The sections establish minimum standards for operation of licensed Texas driving safety schools and course providers. The proposed amendments, repeal, and new rule would remove provisions found to have limited or no statutory authority; repeal and replace the rule governing alternative delivery methods; and reflect the codification of Vernon's Texas Civil Statutes, Article 4413(29c), titled the Texas Driver and Traffic Safety Education Act, into the Texas Education Code (TEC), Chapter 1001.

Texas Civil Statutes, Article 4413(29c), the Texas Driver and Traffic Safety Education Act, was codified by the 78th Texas Legislature, 2003, as Texas Education Code, Title 5, Chapter 1001. Also during 2003, there was a major reorganization of state government with a view toward streamlining regulatory processes and other governmental functions. In the course of reviewing aspects of the codification, it became apparent that a revision of 19 TAC Chapter 176 was necessary. Currently, rules in this chapter are organized in the following subchapters: Subchapter AA, Commissioner's Rules on Minimum Standards for Operation of Licensed Texas Driver Education Schools; Subchapter BB, Commissioner's Rules on Minimum Standards for Operation of Licensed Texas Driving Safety Schools and Course Providers; Subchapter CC, Commissioner's Rules on Minimum Standards for Operation of Texas Drug and Alcohol Driving Awareness Programs; and Subchapter DD, Commissioner's Rules on Hearings Held Under the Texas Driver and Traffic Safety Education Act. Revisions are proposed for rules in Subchapters AA, BB, and DD.

Comments from the driver training industry, consumers, legislators, and other stakeholders contributed to the revision of 19 TAC Chapter 176, including the repeal and replacement of 19 TAC §176.1110 governing Alternative Delivery Methods of driving safety courses. New definitions would be added to both Subchapters AA and BB to assist all parties in completely understanding certain terms used in the rules. In Subchapters AA, BB, and DD, references to Texas Civil Statutes, Article 4413(29c), would be replaced with corresponding references to the Texas Education Code, Chapter 1001. A few references were not codified and those unchanged references would now show the suffix "(Vernon's 2001)" to refer the reader to the prior version of the law. The decision not to codify non-operative language does not mean that the rule is no longer justified. Editorial changes would be made to standardize language or correct grammar have been made throughout Subchapters AA and BB. These edits include changing reference to the division rather than the division director, as applicable, for clarification and changing reference to a driver's license rather than a driver license for consistency. Changes in Subchapter DD include clarification of timeline requirements.

In order to correct references to newly codified statutory authority and to clarify and modify existing rule language, the following amendments, repeal, and new rule to 19 TAC Chapter 176, Subchapter BB, are proposed.

The amendment to 19 TAC §176.1101 would include changes in paragraph (9)(A) to modify language to broaden the scope of prior felony convictions to be considered, in subparagraph (C) to shorten the length of time for consideration from ten years to seven, in subparagraph (D) to remove unnecessary language and add language to allow the division to consider prior similar violations, and in subparagraph (E) to clarify language. New subparagraph (G) would be added to address applicants who have received deferred adjudication in prior criminal cases.

The amendment to 19 TAC §176.1102 would modify subsection (a) to correct a statutory citation.

The amendment to 19 TAC §176.1103 would modify subsection (e)(1) to change from three working days to five working days for consistency. Subsection (e) would also be modified by removing paragraph (3) and renumbering the following paragraph. In subsection (i), language in paragraph (1) would be changed to delete the school requirement to notify the agency and program owner prior to school closure. Paragraph (2) would be modified to clarify language.

The amendment to 19 TAC §176.1104 would modify subsection (h) to change the deadline from three days to five and in subsection (k) from 15 days to five days for consistency. Subsection (k) would also be revised to delete an unnecessary statutory citation and new subsection (l) would add the requirement for course providers and facilities to be located in the United States.

The amendment to 19 TAC §176.1105 would modify subsection (a) to add language that requires course providers to maintain a registered agent in Texas, clarify instructor trainee, and delete the requirement to notify TEA when an instructor leaves employment of the school. The proposal would also revise subsection (d) to correct a statutory citation.

The amendment to 19 TAC §176.1107 would modify subsection (c)(1)(A) to change the requirement for driving safety instructor training to accommodate instructors already licensed. Also in subsection (c), the modification to paragraph (2)(A) would make similar accommodation for specialized driving safety instructors. The changes in paragraph (3)(A)(i) - (iii) would reduce the hourly training requirements of instructors already licensed and clause (iv) would be added to clarify driving safety course proof of authorship and initial course demonstration. Revisions in paragraphs (3)(B), (4)(B), (5)(B), and (6)(B) would broaden language to include practical teaching and/or demonstrative presentation records. In addition, changes in paragraph (4)(A)(i) - (iii) would reduce the hours of verifiable experience for a driving safety instructor trainer and clause (iv) would be added to clarify specialized driving safety course proof of authorship and initial course demonstration. Modifications in paragraph (5)(A)(i) would reduce the hours of teaching experience for driving safety instructor trainers and would require the trainer to demonstrate to the division director's designee the ability to teach. Revisions in paragraph (6)(A)(i) would reduce the hours of verifiable experience for a specialized driving safety instructor trainer.

The amendment to 19 TAC §176.1107 would also update subsection (k) to cite a previous version of state law and the year, subsection (n)(1)(A) to correct the reference to Chapter 53 of the Texas Occupations Code, and subsection (n)(4) to correct a statutory citation.

The amendment to 19 TAC §176.1108 would modify subsection (a) to clarify who must submit changes to traditional driving safety courses and change the language to clarify the revocation of approval of inactive courses. The changes in subsection (a)(1)(B)(v) would clarify and correct grammar and in subsection (a)(1)(B)(vi) would remove language to clarify what constitutes a student course guide. Other changes to section would also:

remove language in subsection (a)(1)(C)(v) to allow lunch periods to occur during the 60 minutes of breaks allowed;

delete subsection (a)(1)(C)(ix), removing the requirement for a short video to be shown during class;

revise renumbered subsection (a)(1)(C)(ix) to require sufficient accommodations for all students and renumber the following clause;

change language in subsection (a)(1)(D) to require that courses must assure students master curriculum points delineated;

add new language in subsection (a)(1)(D)(i)(V), that requires TEA-provided information on course content;

add requirements in subsection (a)(1)(D)(iii) to subclause (I) to include aggressive driving and subclause (III) to add drowsy driving;

add new language in subsection (a)(1)(D)(x)(VI), that requires courses to address dangers involved in locking or leaving children in vehicles unattended;

add a requirement in subsection (a)(1)(D)(xi) that courses not address methods to drink and drive and remove subclause (V) regarding countermeasures;

remove a requirement in subsection (a)(1)(D)(xii) for a summation and change the final examination time to a minimum of five minutes rather than 15 minutes;

modify subsection (a)(1)(D)(xiii) to change the remaining allocated course time from 20 to 30 minutes;

update subsection (a)(1)(H) to correct a statutory citation;

add a new subsection (a)(1)(J) to specify requirements for renewal every two years of driving safety courses;

modify subsection (a)(2)(A) to clarify the completion of instructor training hours if alternative training does not apply;

modify subsections (a)(3)(A)(ii)(VI) and (a)(3)(A)(iii)(I) and (III) to clarify language regarding continuing education programs;

change subsection (a)(3)(B) to increase the amount of time for course providers to notify TEA of continuing education courses;

revise subsection (c) to change the deadline for notification from 72 hours to five days for discontinued courses;

modify subsection (e)(1) to broaden the context of falsification in applications;

update subsection (e)(3) to correct a statutory citation; and

change language in subsection (e)(4) to correct the citation for location of the educational objectives.

The amendment to 19 TAC §176.1109 would modify subsection (a)(1)(B)(v) to clarify language regarding audio/video material and revise clause (vi) to delete unnecessary language. Other changes to the section would also:

revise subsection (a)(1)(C)(v) to allow the lunch period to occur during the 60 minutes of breaks required;

change subsection (a)(1)(C)(ix) to require sufficient accommodations for all students;

modify subsection (a)(1)(D) to require that specialized courses contain four hours of child passenger safety seat systems, seat belts, etc. and must assure students' mastery;

add new language in subsection (a)(1)(D)(viii)(VIII) that requires courses to address dangers involved in locking or leaving children in vehicles unattended;

revise subsection (a)(1)(D)(ix) to remove the requirement for a summation and set the final examination time to a minimum of five minutes rather than 15 minutes;

revise subsection (a)(1)(D)(x) to increase the time allowed for other topics in the course from 20 to 30 minutes;

update subsection (a)(1)(H) to correct a statutory citation;

modify subsection (a)(2)(A) to clarify the completion of instructor training hours if alternative training does not apply;

change subsection (a)(3)(B) to change the amount of time for course providers to notify TEA of continuing education courses;

revise subsection (c) to change the deadline for notification from 72 hours to five days for discontinued courses;

modify subsection (e)(1) to broaden the context of falsification in applications;

update subsection (e)(3) to correct a statutory citation; and

change language in subsection (e)(4) to correct the reference citation for educational objectives.

Section 176.1110 would be repealed and replaced with a proposed new section that would set out the requirements for driving safety course Alternative Delivery Methods (ADMs). Included in the new language are provisions for allowing different methods for demonstrating student mastery, comprehension, and participation in the curriculum and a new requirement that written material in ADMs that is read by the student must provide enough content (by word count) to equal the equivalent of a 180-word-per-minute reading rate. Extensive language would be added to control modifications to an ADM while allowing the course provider to make certain changes that are insignificant or in the public interest with minimal review by TEA. The new section would also require that ADM approval be renewed every two years beginning on March 1, 2006.

The amendment to 19 TAC §176.1111 would modify subsection (b)(16) to clarify that the student must be informed of the course provider's security and privacy policy. The modification in subsection (c)(2) would add course providers to the list of entities prohibited from improperly issuing certificates.

The amendment to 19 TAC §176.1112 would update subsections (a), (c), and (d) to correct statutory citations.

The amendment to 19 TAC §176.1113 would remove unnecessary language from subsection (d).

The amendment to 19 TAC §176.1116 would modify subsection (a) to add domain names to the types of names that may not be used by a licensee, remove unnecessary language, and specify that ADMs must also adhere to name and advertising requirements. The revision in subsection (b) would remove unnecessary language and in subsection (c) would add course providers to the responsible parties that may be required to substantiate advertising claims and publish retractions.

The amendment to 19 TAC §176.1117 would update subsections (a)(1), (a)(10), and (c)(4) to correct statutory citations and revise subsection (a)(9) to change language from two business days to five business days for a course provider to report all unaccounted certificates.

The amendment to 19 TAC §176.1118 would update subsections (a) and (d) to correct statutory citations.

Ernest Zamora, Associate Commissioner for Support Services and School Finance, has determined that for the first five-year period the amendments, repeal, and new rule are in effect there will be fiscal implications for state or local government as a result of enforcing or administering the amendments, repeal, and new rule. The net estimated costs for fiscal years 2005 - 2009 would total $5,400. This is a result of cost savings in the area of driving safety curriculum materials no longer provided by the state and costs to the state for anticipated review of driving safety course revisions that use a new process under proposed amendments. The net estimated costs for fiscal years 2005 - 2009 are derived as follows:

19 TAC §176.1108(a)(1)(C)(ix) previously required TEA to provide a short videotape presentation for driving safety course providers. The proposed amendment would remove this TEA responsibility and replace it with a written document to be provided to course providers for distribution to their schools (see 19 TAC §176.1108(a)(1)(D)(i)(V)). The estimated cost for production of a replacement videotape for the outdated version and the cost of distribution of additional copies would be $5,000; therefore, this would be a savings to the state in fiscal year 2005. The estimated cost to produce and disseminate the written document would be approximately $100 per year in fiscal year 2006 and thereafter. This change to the produce and disseminate a written document rather than a videotape would result in a net savings to the state of $4,600.

Proposed new 19 TAC §176.1110(j) would require that TEA staff make a determination within five days as to whether requested modifications to an alternative delivery method may be deemed insignificant. These determinations, newly required under the proposal, are estimated at about $2,000 in payroll costs in fiscal year 2005 and each year thereafter for a total cost to the state of $10,000.

Dr. Zamora has determined that for each year of the first five years the amendments, repeal, and new rule are in effect the public benefit anticipated as a result of enforcing the amendments, repeal, and new rule would be a net reduction in regulatory requirements for industry members while maintaining a curriculum in driving safety and specialized driving safety (seat belt) programs that meet the intent of legislative mandates. Revisions that require re-approval of courses on a biennial basis assure that students receive the latest information on Texas law and statistics for both the state and nation. There will be an effect on small businesses as a result of the proposed amendments, repeal, and new rule in 19 TAC Chapter 176, Subchapter BB. The estimated savings during fiscal years 2005-2009 for small businesses operating within the industry total $1,742,500. Relative costs for small and large businesses will be the same. The cost or savings involved are the same per unit, regardless of business size, but the net result will vary depending on business size and volume. There are no anticipated economic costs to persons who are required to comply with the amendment as proposed.

The estimated fiscal impact for businesses during fiscal years 2005-2009 is derived as follows:

The proposed amendment to 19 TAC §176.1105(a) would allow a driving safety course provider to operate with only a registered agent in the state of Texas. Previously, course providers were required to maintain an office and staff and computer equipment in state. The cost savings to each course provider is estimated at $50,000 in the first year of operation and $30,000 per year afterward. There are currently five course providers who are headquartered outside of Texas, two of whom have already moved and the other three are expected to keep only registered agents within the state. This would generate an estimated savings of $300,000 in fiscal year 2005 and $200,000 each year thereafter.

Proposed changes to training requirements found in 19 TAC §176.1107(c) would reduce the number of hours of training required by an average of 30 hours per instructor. This would result in a savings of about $600 per instructor and would affect about 250 instructors per year. The resulting savings of about $150,000 would be realized by the schools providing the instruction and the instructors who are being trained each fiscal year.

Currently, 19 TAC §176.1108(a)(1)(C)(ix) requires TEA to provide a short videotape presentation for driving safety course providers. The proposed amendment to this rule removes this TEA responsibility and replaces it with a written document to be provided to course providers for distribution to their schools (see proposed 19 TAC §176.1108(a)(1)(D)(i)(V)). This will require an expense to each course provider to disseminate the written material to each of the schools and/or include the material within their alternative delivery methods. The estimated cost is $250 for each of the current 43 course providers for a total of $10,750 for fiscal year 2005.

The proposed amendment to 19 TAC §176.1108(a)(1)(D) would add various new curriculum requirements, including the dangers of locking and leaving children in vehicles, distracted driving, and aggressive driving. Course providers must bear the cost of revising curriculum and passing this information on to all schools endorsed to offer the approved course and for revisions to any alternative delivery method endorsed. The estimated cost is $250 for each of the current 43 course providers for a total of $10,750 for fiscal year 2005.

Course providers would be required in the proposed amendment to 19 TAC §176.1108(a)(1)(J) to update the statistical and legal materials presented in the approved course biennially, beginning in fiscal year 2006. The cost of these revisions to approved courses and endorsed alternative delivery methods is estimated at $1,000 for each of the current 43 course providers for a $43,000 in fiscal year 2006 and again in fiscal year 2008.

Comments on the proposed rules may be submitted to Cristina De La Fuente-Valadez, Policy Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028.