Proposed Rules Title 16

TITLE 16. ECONOMIC REGULATION

PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

CHAPTER 84. DRIVER EDUCATION AND SAFETY

The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 84, Subchapter A, §84.1 and §84.3; Subchapter B, §§84.31 - 84.33; Subchapter C, §§84.42, 84.47, and 84.48; Subchapter D, §§84.50 - 84.52; Subchapter G, §§84.80, 84.84, and 84.85; Subchapter I, §§84.100, 84.101, 84.103; Subchapter L, §84.400; Subchapter M, §§84.500 - 84.502; and 84.504; Subchapter N, §84.600 and §84.601; new rules at Subchapter A, §84.2; Subchapter B, §84.30; Subchapter C, §§84.40 - 84.46; Subchapter E, §§84.60, 84.61, and 84.63; Subchapter G, §§84.81 - 84.83; Subchapter H, §84.90; Subchapter J, §84.200; Subchapter K, §84.300 and §84.301; and the repeal of existing rules at Subchapter A, §84.2; Subchapter B, §84.30; Subchapter C, §§84.40 - 84.46; Subchapter E, §§84.60 - 84.64; Subchapter F, §§84.70 - 84.72; Subchapter G, §§84.81 - 84.83; Subchapter H, §84.90; Subchapter J, §84.200; Subchapter K, §§84.300 - 84.302; Subchapter M, §§84.503, 84.505 - 84.507, regarding the Driver Education and Traffic Safety (DES) program. These proposed changes are referred to as "proposed rules."

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 84, implement House Bill (HB) 1560, Article 5, Regular Session (2021) and the Texas Education Code, Chapter 1001, Driver and Traffic Safety Education.

The proposed rules, pursuant to HB 1560, include: (1) clarification of DES license types, licensing prerequisites, means of course instruction delivery, and program fees; and (2) implementing the recommendations of the DES Providers/Instructors Workgroup (Workgroup), consistent with HB 1560, relating to the qualifications, responsibilities, and functions of those licensees.

The proposed rules in this rulemaking represent the first phase of bill implementation associated with HB 1560. A second phase is being considered to address rule amendments relating to driver training curriculum and enforcement issues within the DES program.

House Bill 1560, Article 5, Driver Education

House Bill 1560, Article 5, Regular Session (2021) represented significant reorganization and modification in the Driver Education and Traffic Safety program in Chapter 1001, Education Code by: (1) repealing and replacing certain license types and endorsements associated with driver education, driving safety, specialized driving safety, and the drug and alcohol driving awareness program courses; (2) repealing selected administrative functions to promote greater simplicity and transparency for the Department and licensees; (3) amending and adding program fees and requirements related to the revised license types; and (4) authorizing the Commission to change minimum hours for driver education course instruction.

The Workgroup conducted four meetings to address the proposed changes to the DES program brought about by HB 1560, Article 5. The Workgroup review was limited to 16 TAC Chapter 84, Subchapters A through J and the proposed rules reflect their input.

Advisory Board Recommendations

The proposed rules were presented to and discussed by the Driver Education and Traffic Safety Advisory Committee (Committee) at its meeting on January 23, 2023. The Advisory Board made the following changes to the proposed rules by: (1) amending §84.46(b) to increase the daily limit of provider in-car instruction from three to four hours per day; and (2) amending §84.82(b)(14) which clarifies the inclusion of the classroom lesson rate term in driver training provider student enrollment contracts to appropriate conditions. The Advisory Board voted and recommended that the proposed rules with changes be published in the Texas Register for public comment.

SECTION-BY-SECTION SUMMARY

Subchapter A. General Provisions.

The proposed rules amend §84.1, Authority, by clarifying rule language.

The proposed rules add new §84.2, Definitions, which establishes the meaning of the words and terms employed throughout the rule chapter. The new rule replaces existing §84.2 to: (1) add definitions for "Branch Location", "Education Service Center", "Instructional Hour", "Primary Driver Education Provider", and "Relevant Driver Training Entity"; (2) delete definitions rendered unnecessary due to the provisions of HB 1560, Article 5 for "Alternative Method of Instruction", "Certificate of Program Completion", "Change of Ownership of a School or Course Provider", "Clock Hour", "Criminal History Record Information", "DSY25", "Educational Objectives", "Inactive Course", "Instructor Development Course", "Instructor Development Program", "Instructor Trainer", "National Criminal History Record Information", "New Course", "Post Program Exam", "Pre Program Exam", "Primary School", "Specialized Driving Safety Course", and "Teaching Techniques"; (3) amend definition terminology provisions consistent with HB 1560, Article 5; (4) renumber provisions as needed; and (5) clarify rule language.

The proposed rules repeal existing §84.2, Definitions.

The proposed rules amend §84.3, Materials Adopted by Reference, by deleting references in subsections (d) and (e) to minimum requirements for course curriculum related to Specialized Driving Safety and the Drug and Alcohol Driving Awareness programs which are repealed by HB 1560, Article 5.

Subchapter B. Driver Training and Traffic Safety Advisory Committee

The proposed rules add new §84.30, Membership, which introduces changes in the number and composition of the DES advisory committee, consistent with HB 1560, Article 5. The new rule replaces existing §84.30 to: (1) reduce the number of members from eleven to nine; (2) remove member representation for the repealed drug and alcohol driving awareness program; and (3) reduce committee membership to one public member.

The proposed rules repeal existing §84.30, Membership.

The proposed rules amend §84.31, Duties, to clarify rule language.

The proposed rules amend §84.32, Terms; Vacancies, to clarify rule language.

The proposed rules amend §84.33, Officers, to clarify rule language.

Subchapter C. Driver Education Providers and Instructors.

The proposed rules amend the title of Subchapter C, "Driver Education Schools and Instructors" to read "Driver Education Providers and Instructors" to reflect the HB 1560, Article 5 change in terminology for "driver education providers" as indicated in Texas Education Code, §1001.001(6-b).

The proposed rules add new §84.40, Driver Education Provider Licensure Requirements, which introduces minimum prerequisites, consistent with the implementation of HB 1560, Article 5, for an applicant to obtain a DE provider license. The new rule replaces existing §84.40 to: (1) remove the tender of letters of credit and cash deposits as accepted alternate forms of security by DE providers in lieu of a corporate surety bond for initial licensure and renewals; (2) update rule terminology consistent with HB 1560, Article 5; (3) accept transfer of change of DE provider ownership requirements from existing §84.2(6), Definitions; (4) allow for refunds for those students unable to complete a course with a DE provider that has changed location; (5) eliminate the requirement for Department pre-approval on contract sites DE providers employ to conduct instruction at another location where a written agreement exists between the provider and authorized contract site representatives; (6) clarify ownership verification requirements in new subsection (c) for primary and branch provider location relating to new applications and change of ownership situations; (7) require licensed branch driver education locations to have a different physical address from the licensed primary provider location; (8) allow the Department to declare closure of a DE provider where the provider provides written notice of its intent to no longer deliver driver education training or education and returns all unissued DE certificates or numbers; and (9) clarify rule language.

The proposed rules repeal existing §84.40, Driver Education School Licensure Requirements.

The proposed rules add new §84.41, Driver Education Provider Responsibilities, which enumerates the duties and functions of licensed DE providers. The new rule replaces existing §84.41 to: (1) clarify the business responsibilities for online and in-person DE providers, consistent with HB 1560, Article 5; (2) transfer the duties in existing rule subsection (c) related to the care, security and issuance of driver education certificates of completion, and corporate security requirements for student data to new §84.43, Driver Education Certificates; (3) update rule terminology consistent with HB 1560, Article 5; (4) mandate DE provider compliance with §84.43 in the issuance of driver education certificates of completion; (5) require that each DE provider either be located in or maintain a registered agent within the state; and (6) clarify rule language.

The proposed rules repeal existing §84.41, Driver Education School Responsibilities.

The proposed rules add new §84.42, Motor Vehicles, which identifies the requirements for motor vehicles used by DE providers to conduct in-car instruction of students. The new rule replaces existing §84.42 to: (1) allow providers to use any motor vehicle equipped with special vehicle controls to conduct in-car instruction of a disabled student; (2) describe minimum equipment and insurance requirements for provider-owned motor vehicles used for demonstration or practice driving lessons; (3) update rule terminology consistent with HB 1560, Article 5; and (4) clarify rule language.

The proposed rules repeal existing §84.42, Motor Vehicles.

The proposed rules add new §84.43, Driver Education Certificates, which describes how relevant driver training entities care, control and issue driver education certificates of completion or certificate numbers. The new rule replaces existing §84.43 to: (1) clarify and separate the specific responsibilities for DE providers, and public and private schools, regarding the handling of driver education certificates of completion or certificate numbers; (2) combine certain DE provider responsibilities previously found in existing §84.41(c) relating to care, security and issuance of driver education certificates of completion, and corporate security requirements for student data for clarity and better organization within the rule chapter; (3) update rule terminology consistent with HB 1560, Article 5; and (4) clarify rule language.

The proposed rules repeal existing §84.43, Driver Education Certificates.

The proposed rules add new §84.44, Driver Education Instructor License, which identifies the requirements for an applicant to obtain a driver education instructor license. The new rule replaces existing §84.44 to: (1) eliminate the requirement for a high school diploma or equivalent for licensure in existing subsection (a)(1); (2) remove previous instructor endorsements with their qualifications and responsibilities; (3) require submission of a valid driver license record for the preceding three year period for instructor renewal; (4) reduce continuing education (CE) hour requirements for license renewal from four hours to two hours of instruction related to driving education, driving safety, and instructional techniques; (5) require applicant criminal history background checks for initial and renewal license applications; and (6) establish an auditing process to verify reporting of continuing education hours submitted by renewing licensees.

The proposed rules repeal existing §84.44, Driver Education Instructor License.

The proposed rules add new §84.45, Student Progress, which sets the requirements to assess student comprehension during driver education courses. The new rule replaces existing §84.45 to: (1) remove limitations on methods available to DE instructors and providers to assess successful completion and mastery of driver education course materials; (2) update rule terminology consistent with HB 1560, Article 5; and (3) clarify rule language.

The proposed rules repeal existing §84.45, Student Progress.

The proposed rules add new §84.46, Attendance and Makeup, which establishes minimum standards for DE provider recordation of student attendance. The new rule replaces existing §84.46 to: (1) increase the maximum daily limit of driver education training offered by providers to six hours per day; (2) increase the allocation of behind-the-wheel instruction to two hours per day out of a total three hour daily in-car session; (3) repeal the requirement that DE providers develop a makeup policy for inclusion in enrollment contracts; (4) update rule terminology consistent with HB 1560, Article 5; (5) increase the daily limit of provider in-car instruction from three to four hours per day; and (6) clarify rule language.

The proposed rules repeal existing §84.46, Attendance and Makeup.

The proposed rules amend §84.47, Student Conduct Policy, to clarify rule language.

The proposed rules amend §84.48, Accommodations for Deaf or Hard of Hearing Students, to update rule terminology consistent with HB 1560, Article 5.

Subchapter D. Parent-Taught Driver Education.

The proposed rules amend §84.50, Parent-Taught Driver Education Program Requirements, by: (1) removing unnecessary language in existing subsection (b) already contained in Texas Education Code, §§1001.112(b)(2)- (4); (2) limiting parent taught driver education instruction to students to six hours a day, including not more than two hours of behind-the-wheel supervised practice; (3) updating rule terminology consistent with HB 1560, Article 5; and (4) clarifying rule language.

The proposed rules amend §84.51, Submission of Parent-Taught Course of Department Approval, to: (1) clarify rule language; and (2) update the section title.

The proposed rules amend §84.52, Cancellation of Department Approval, to update the name of the Department's instructor designation form in the rule.

Subchapter E. Driving Safety Providers.

The proposed rules amend the title of Subchapter E, "Driving Safety Schools, Course Providers and Instructors" to read "Driving Safety Providers" to reflect the HB 1560, Article 5 change in terminology for "driving safety provider" as indicated in Texas Education Code, §1001.001(13).

The proposed rules add new §84.60, Driving Safety Provider License Requirements, which details the prerequisites for an applicant to obtain a driving safety provider license. The new rule, consistent with HB 1560, Article 5, replaces existing §84.60 and §84.62 to reflect the introduction of the new driving safety provider license type, and the repeal of the driving safety school license, respectively. The new rule replaces existing §84.60 to: (1) combine the functions of the previously separate course provider and driving safety school license types into one new license type (driving safety provider) to offer a driving safety course; (2) add bond amount requirements to original and renewal applications for a driving safety provider license; (3) add ownership verification, license renewal, provider relocation, provider closure, and existing provider acquisition requirements for the driving safety provider license type, and repeal such requirements for driving safety schools; (4) update rule terminology consistent with HB 1560, Article 5; and (5) clarify rule language.

The proposed rules repeal existing §84.60, Driving Safety School Licensure Requirements.

The proposed rules add new §84.61, Driving Safety Provider Responsibilities, which illustrates the required obligations for a licensed driving safety provider. The new rule replaces existing §84.61 by: (1) eliminating Department preapproval of locations for driving safety instruction courses, and the requirements associated with the driving safety instructor license type, due to its repeal by HB 1560, Article 5; (2) transferring the provider responsibilities, except those dealing with the now repealed driving safety school and instructor license types, to §84.63, Uniform Certificate of Course Completion for Driving Safety Course; (3) imposing an obligation upon driving safety providers to make all records available upon request to Department staff; (4) requiring providers to be located or maintain a registered agent within the state; (5) updating rule terminology consistent with HB 1560, Article 5; and (6) clarifying rule language.

The proposed rules repeal existing §84.61, Driving Safety School and Course Provider Responsibilities.

The proposed rules repeal existing §84.62, Course Provider License Requirements, which includes requirements that will instead be addressed in new §84.60, Driving Safety Provider License Requirements.

The proposed rules add new §84.63, Uniform Certificate of Course Completion for Driving Safety Course, which describes the responsibilities for driving safety providers regarding management of driving safety uniform certificates of course completion and certificate numbers. This new rule replaces existing §84.63 by: (1) eliminating driving safety course provider, school owner, and instructor responsibilities for uniform certificates for course completion for specific driving safety courses repealed by HB 1560, Article 5; (2) identifying requirements for driving safety providers relating to care, control, security and issuance of original and duplicate uniform certificates of course completion and certificate numbers; (3) updating rule terminology consistent with HB 1560, Article 5; and (4) clarifying rule language.

The proposed rules repeal existing §84.63, Uniform Certificate of Course Completion for Driving Safety or Specialized Driving Safety Course.

The proposed rules repeal existing §84.64, Driving Safety Instructor License Requirements, because the driving safety instructor license was repealed by HB 1560, Article 5.

Subchapter F. Drug and Alcohol Awareness Programs and Instructors.

The proposed rules repeal the Subchapter F title, "Drug and Alcohol Driving Awareness Programs and Instructors".

The proposed rules repeal existing §84.70, Drug and Alcohol Driving Awareness Program School Licensure Requirements, because the Drug and Alcohol Driving Awareness Program was repealed by HB 1560, Article 5.

The proposed rules repeal existing §84.71, School and Course Provider Responsibilities, because the Drug and Alcohol Driving Awareness Program was repealed by HB 1560, Article 5.

The proposed rules repeal existing §84.72, Instructor License Requirements, because the Drug and Alcohol Driving Awareness Program was repealed by HB 1560, Article 5.

Subchapter G. General Business Practices.

The proposed rules amend existing §84.80, Names and Advertising, by: (1) removing the Department pre-approval requirement for business advertising by new license applicants pending licensure; (2) updating rule terminology consistent with HB 1560, Article 5; and (3) clarifying rule language.

The proposed rules add new §84.81, Recordkeeping Requirements, which identifies student record management requirements for driver training providers. The new rule replaces existing §84.81 to: (1) allow licensees to maintain student records of the most recent 12 months of instruction at the provider's licensed location rather than the class instruction site; (2) clarify the type of required entries for driver education providers regarding classroom and in-car instruction student records, including retention, audit and inspection standards; (3) require driver training providers to electronically upload specific student enrollment, course completion, withdrawal and termination data to the Department within specified time periods; (4) identify the circumstances under which student records may be released by driver training providers; (5) eliminate recordkeeping requirements for driving safety schools, and drug and alcohol awareness schools, repealed by HB 1560, Article 5; (6) require DE providers to upload student certificate data to the Department as directed within 15 calendar days after issuance; (7) update rule terminology consistent with HB 1560, Article 5; and (8) clarify rule language.

The proposed rules repeal existing §84.81, Recordkeeping Requirements.

The proposed rules add new §84.82, Driver Training Provider Student Enrollment Contracts, which identifies the elements to be included on student enrollment contracts prior to the submission of payment to a provider. The new rule replaces existing §84.82 to: (1) identify the required enrollment provisions for student contracts with driver training providers; (2) eliminate the contract requirements for repealed drug and alcohol awareness and driving safety schools; (3) authorize group enrollment contracts for students enrolled in driving safety and adult driver education courses; (4) update rule terminology consistent with HB 1560, Article 5; and (5) clarify rule language.

The proposed rules repeal existing §84.82, Student Enrollment Contracts.

The proposed rules add new §84.83, Student Complaints, which identifies the Department policy regarding dispute resolution obligations for driver training providers. The new rule replaces existing §84.83 to: (1) remove repetitive grievance procedures already contained in §84.82; and (2) clarify policy relating to disputes between students and providers.

The proposed rules repeal existing §84.83, Student Complaints.

The proposed rules amend existing §84.84, Notification of Public Interest Information and Participation, by: (1) limiting the required notice of Department complaint filing information to student enrollment contracts, provider business locations, and websites; and (2) clarifying rule language.

The proposed rules amend existing §84.85, Statement of Assurance, by: (1) updating rule terminology consistent with HB 1560, Article 5; and (2) clarifying rule language.

Subchapter H. Facilities and Equipment for Driver Training Providers.

The proposed rules amend the title of Subchapter H, "Facilities and Equipment for Driver Education Schools, Driving Safety Schools and Drug and Alcohol Awareness Schools", to read "Facilities and Equipment for Driver Training Providers" to reflect the HB 1560, Article 5, changes in terminology for "driver education provider" as indicated in Texas Education Code, §1001.001(6-b) and the repeal of the license types for "driving safety schools" and "drug and alcohol awareness schools".

The proposed rules add new §84.90, Facilities and Equipment, which describes the necessary elements required for an in-person driver training provider location. The new rule replaces existing §84.90 by: (1) clarifying that such facilities must comply with local ordinances and state laws related to health and safety for students and instructors; (2) requiring that an appropriate amount of seating and writing facilities for the class size be available to students where applicable; (3) removing the requirements for driver training courses deregulated by HB 1560, Article 5; (4) updating rule terminology consistent with HB 1560, Article 5; and (5) clarifying rule language.

The proposed rules repeal existing §84.90, Facilities and Equipment.

Subchapter I. Inspections.

The proposed rules amend existing §84.100, Inspections - General, by clarifying rule language.

The proposed rules amend existing §84.101, Inspection of Driver Education Providers Before Operation, by clarifying rule language.

The proposed rules repeal existing §84.102, Periodic Inspections, because the Department will instead conduct risk-based inspections, in accordance with Texas Occupations Code §51.211, which was added by HB 1560.

The proposed rules amend existing §84.103, by: (1) amending the rule title to read, "Driver Training Provider Audits"; and (2) updating rule terminology consistent with HB 1560, Article 5.

Subchapter J. Driver Training Provider Cancellation and Refund.

The proposed rules amend the title of Subchapter J, "Driver Education and Driving Safety School Cancellation and Refund", to read "Driver Training Provider Cancellation and Refund" to reflect the HB 1560, Article 5 changes in license type terminology and the deregulation of "driving safety schools".

The proposed rules add new §84.200, Cancellation and Refund Policy, which illustrates the student cancellation and refund policies applicable to driver training providers that cease operations, terminate course instruction, or have a student withdrawal from the course. The new rule replaces existing §84.200 by: (1) reducing the interest rate on unpaid refunds to 10% to provide consistency with the provisions relating to usury in Article 16, Section 11 of the Texas Constitution; (2) clarifying that an attempted student refund evidenced in the student file represents a good faith attempt to tender a refund rather than proof of certified mail to the student or student's parent; (3) removing driving safety schools from the cancellation and refund policy requirements due to the license type repeal by HB 1560; (4) updating rule terminology consistent with HB 1560, Article 5; and (5) clarifying rule language.

The proposed rules repeal existing §84.200, Cancellation and Refund Policy.

Subchapter K. Fees

The proposed rules add new §84.300, Driver Education Fees, which set the nonrefundable driver education provider fees for the DES program for the new license types established by HB 1560, Article 5 by: (1) establishing the initial license application fees for primary and branch driver education providers, where applicable, at $500 and license renewal at $300, with initial driver education provider license endorsements at $300 each with no cost for license renewal; (2) setting driver education initial instructor license fees at $50, with license renewal at $25; (3) keeping driver education completion certificate fees at $1; (4) updating rule terminology consistent with HB 1560, Article 5; (5) removing Department driver education course pre-approval fees; and (6) clarifying rule language.

The proposed rules repeal existing §84.300, Driver Education Fees.

The proposed rules add new §84.301, Driving Safety Fees, which set the nonrefundable driving safety provider fees for the new license type, Driving Safety Provider, established by HB 1560, Article 5 by: (1) establishing the initial license application fee for a driving safety provider at $500, and license renewal at $100; (2) keeping driving safety course completion certificate fees at $1; (3) removing driving safety course Department pre-approval fees; (4) updating rule terminology consistent with HB 1560, Article 5; and (5) clarifying rule language.

The proposed rules repeal existing §84.301, Driver Safety Fees.

The proposed rules repeal existing §84.302, Drug and Alcohol Driving Awareness Fees consistent with its repeal pursuant to HB 1560, Article 5.

Subchapter L. Complaints and Enforcement Provisions.

The proposed rules amend existing §84.400, Administrative Penalties and Sanctions, by removing a violation of an executive order issued by the Governor as a basis for the institution of proceedings by the Department to seek to impose administrative penalties and/or sanctions against a licensee. This change provides consistency with the statutory authority of the Department to administer and enforce the laws and rules of the DES program.

Subchapter M. Curriculum and Alternative Methods of Instruction.

The proposed rules amend existing §84.500 by: (1) amending the rule title to read, "Courses of Instruction for Driver Education Providers"; (2) updating rule terminology consistent with HB 1560, Article 5; (3) removing requirements for driver education instructor development courses and continuing education course approval, which were deregulated by HB 1560, Article 5; and (4) clarifying rule language.

The proposed rules amend existing §84.501, Driver Education Course Alternative Method of Instruction, by: (1) updating rule terminology consistent with HB 1560, Article 5; and (2) clarifying rule language.

The proposed rules amend existing §84.502, Driving Safety Courses of Instruction, by: (1) removing rule language relating to requirements for driving safety instructors and course providers, continuing education course creation, and instructor development and training, due to the repeal of the license type by HB 1560, Article 5; (2) updating rule terminology consistent with HB 1560, Article 5; and (3) clarifying rule language.

The proposed rules repeal existing §84.503, Specialized Driving Safety Courses of Instruction, which addresses courses that were repealed by HB 1560, Article 5.

The proposed rules amend existing §84.504, Driving Safety Course Alternative Delivery Method, by: (1) updating rule terminology consistent with HB 1560, Article 5; and (2) clarifying rule language.

The proposed rules repeal existing §84.505, Drug and Alcohol Driving Awareness Programs of Instruction, which addresses programs that were repealed by HB 1560, Article 5.

The proposed rules repeal existing §84.506, Drug and Alcohol Driving Awareness Programs Alternative Delivery Method, which addresses programs that were repealed by HB 1560, Article 5.

The proposed rules repeal existing §84.507, Driving Safety Course for Drivers Younger than 25 Years of Age, which addresses courses that were repealed by HB 1560, Article 5.

Subchapter N. Program Instruction for Public Schools, Education Service Centers, and Colleges or Universities Course Requirements.

The proposed rules amend existing §84.600, Program of Organized Instruction, by clarifying rule language.

The proposed rules amend existing §84.601, Additional Procedures for Student Certification and Transfers, by clarifying rule language.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Tony Couvillon, Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rules are in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rules.

Tony Couvillon, Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase or loss in revenue to local government as a result of enforcing or administering the proposed rules.

Tony Couvillon, Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase in revenue to state government as a result of enforcing or administering the proposed rules.

Tony Couvillon, Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rules are in effect, there will be an estimated loss in revenue to the State as a result of enforcing or administering the proposed rules.

The estimated loss in revenue to the state is based upon several elements. The repeal of the Driving Safety School and Driving Safety Instructor license types, all Drug and Alcohol and Awareness Program license types, and all course approval fees brought about by the passage of HB 1560, Article 5 in 2019 are one of the elements associated with the expected loss in State revenue. The estimated loss of revenue from these license types is expected to be about $70,000 per year.

Next, the HB 1560 amendments and proposed rules modified and simplified the DES licensing structure, which is expected to have a role in the reduction in State revenue. HB 1560 reduces the number and type of licenses subject to regulation in the DES program to "driver education provider", "driving safety provider", and driver education instructor. The provider licenses allow for endorsements related to delivery which constitute "in person", "online", and "parent-taught". This licensing regime allows for the issuance of a single license to a person who seeks to offer driver education courses under more than one license. An applicant for an in-person primary driver education license, or an online driver education provider license, or a parent-taught driver education provider license will pay an application fee of $500 for the license and then, if the person chooses to do so, may add up to two additional endorsements to the license to be able to offer the other two types of provider courses not covered by the initial license. The fee to add each endorsement is $300 and there is no fee to renew an endorsement. Thus, a licensee may offer a course a few different ways without having to get a separate license for each mode of delivery.

Branch locations for driver education providers are treated differently. Each in-person branch location license must have a separate license and this license cannot be combined with other licenses as an endorsement, or have endorsements assigned to it. The fee for an initial in-person branch location is also $500 and the renewal fee is $100. However, no real increase in revenue is expected from branch licensure.

Additionally, driving education school licenses are being transitioned to in-driver education and online provider licenses. Previously, TDLR could expect about 37 new primary school license applications, seven new branch school applications per year, 350 primary school license renewals, and 99 branch school license renewals per year. Assuming the same number of applications each year and based on the number of current license holders who hold both a school and an online license, it can be expected the department will receive 41 applications for an in-person (primary and branch) or online licenses, and three applications for an endorsement to a license. The resulting loss of revenue for these licenses will be $3,300 per year.

Additionally, the amended statute and proposed rules require parent-taught driver education providers to pay fees for the issuance of an initial or renewal parent-taught driver education provider license. The fee for an initial license is $500 and the renewal fee is $100. It is unknown how many of these courses will be able to be categorized as a license endorsement and, thus, pay reduced fees. Assuming that the same number of license applications will be received as requests are currently received for approval of parent-taught courses, the department will receive 10 applications for an initial license and 70 applications for renewal of a license, resulting in $12,000 of increased revenue per year.

There are currently two providers that offer Specialized Driving Safety courses and none that offer the Driving Safety Course for Drivers Younger than 25. The repeal of these course types will not affect lost revenue in any significant way.

The overall net reduction in revenue each year is estimated to be $61,300. However, it must be noted that this estimate is based on current licensing trends. The actual effect on revenue caused by the changes in the number of licenses issued, the creation of endorsements, the elimination of course approval fees, and the creation of parent-taught course provider fees, cannot be estimated accurately because the end results of those changes, and the extent of those results, are unknown at this time.

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Couvillon has determined that the proposed rules will not affect a local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

Mr. Couvillon also has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be to streamline the license structure for driver education and driving safety providers, which simplifies previous complexities for students and parents, the industry, TDLR and the public, and establishes a consistent and equal framework for licensing providers. The proposed rules reduce fees, remove barriers to entry into the industry, remove redundant layers of licensing in driving safety, and update and modernize the regulation of online providers.

The proposed rules remove the regulation of driving safety instructors, who offer minimal harm to the public when delivering driving safety courses, which creates an unnecessary impediment to those seeking to become driving safety instructors. The change also gives driving safety providers more latitude in the hiring of the individuals who will deliver their courses.

The proposed rules also eliminate Specialized Driving Safety and "Drivers Younger than 25 Years of Age" Driving Safety courses, which are duplicative of content covered in regular driving safety courses and offer minimal risk of consumer harm, and the Drug and Alcohol Driving Awareness courses, which are duplicative of many drug and alcohol-related courses that are regulated and available elsewhere.

The removal of the requirement for provider applicants to have their course pre-approved by TDLR will allow for a more streamlined license approval process and license issuance. This allows a provider to get into business quicker.

The reduction in fees, coupled with the establishment of a single provider license for those that want to offer driver education through the sanctioned delivery methods and the reduction in licensing requirement barriers, will allow more persons to become licensed as providers in the industry. Thus, more choices to consumers become available from where they may obtain driver education.

The proposed rules also change inspections from being conducted periodically to a risk-based standard, which allow TDLR to focus its resources on providers and courses that merit increased scrutiny and allow other providers to be inspected only when needed.

The proposed rules update recordkeeping requirements to require driver education providers to include more information about students and their progress in a driver education course and require providers to timely report certificate data to TDLR. The requirements will allow TDLR to have better information about students, their progress, and their completion of courses should any questions arise on these subjects, or there is a need to determine refund amounts in the event of a provider's closure.

Additionally, the proposed rules make numerous changes that improve or eliminate burdensome and redundant operational requirements for course providers and instructors, update requirements and procedures to conform with current standards for online delivery and reflect current agency policies and procedures.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

Mr. Couvillon has determined that for each year of the first five-year period the proposed rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules.

The proposed rules will result in reduced costs for most of the industry, through the reduction of regulation in the program and the elimination of some license types, the removal of course approvals and their fees, the establishment of single provider license for those who want to offer driver education through the in-person, online and parent-taught methods and the reduced fees associated with the single license, and the elimination of continuing education course approval process and the requirement for instructor development courses.

However, there will be a cost for some persons. Previously, parent-taught education providers had no licensing or fee requirement, having only to obtain a no-cost approval of a course to offer it. The law now requires parent-taught providers to be licensed and to pay an initial and renewal license fee. The fees for this type of driver education provider license will be established at the same amount as the in-person and online provider licenses, as they are all three aspects of the same license, the driver education provider license.

The proposed rules establish updated recordkeeping requirements to require driver education providers to include more information about students and their progress in a driver education course and require providers to timely report certificate data to TDLR. The agency will develop an online portal which will allow providers to simply enter the information into an electronic form, which will eliminate the need for providers to purchase or develop anything to comply with the recordkeeping requirement. The only cost a provider may incur is time spent inputting the information. This cost, if any, is expected to be minimal.

Additionally, the changes in statute and rule will require updates to the information contained in the various certificates of completion. For those who purchase paper certificates, TDLR will make the necessary changes and there will be no additional cost. For those who purchase certificate numbers and issue their own certificates, there could be a one-time up-front minimal cost to update the certificate language in the templates the provider will use to issue their certificates.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, are not required.

TDLR regulates driver education providers and driving safety providers, some of which may operate a small or micro-business. It is unknown at this time how many persons will become either of those providers or how many will fall within the definition of small or micro-businesses. TDLR does not collect data regarding the number of employees or other specific information to make this determination of applicants or licensees.

The proposed rule does not have an anticipated adverse economic effect on small businesses or micro-businesses. Almost every provider license applicant or license holder will see either no change in costs or a reduction in costs. However, parent-taught driver education provider license applicants and license holders will see an increase in costs. These providers were previously not required by law to hold a license to offer a parent-taught course or pay a fee for a course approval. The statute now requires these providers to hold a license and pay an initial and annual license renewal fee. While these fees will impose a cost on these providers, these fees are not anticipated to have an overall adverse economic effect on any small or micro-businesses which have been operating or plan to operate as a parent-taught driver education provider. Revenue from the daily delivery of this course type to students will far exceed licensing fees paid once a year, and the economic effect will not be adverse.

Any additional costs associated with complying with the proposed rules, such as the recordkeeping requirements and the update to certificates of completion, will be de minimis and are intended to have the least possible adverse economic effect to small and micro-businesses.

Moreover, the proposed rules have no anticipated adverse economic effect on rural communities as they will not adversely impact the availability of driver education and safety licensees to rural communities, nor cause an increase to the costs or fees of driver education and safety courses in rural communities.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

The proposed rules have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government; however, the proposed rules fall under the exception for rules that it is necessary to implement legislation under §2001.0045(c)(9). Therefore, the agency is not required to take any further action under Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rules will be in effect, the agency has determined the following:

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules require an increase or decrease in fees paid to the agency.

The proposed rules require a decrease in fees paid to the agency by deregulating driving safety schools, driving safety instructors, Specialized Driving Safety, Driving Safety Course for Drivers Under 25 courses, and the Drug and Alcohol Driving Awareness Program, abolishing course approval fees, and requiring the provision of the issuance of a single license to a person who seeks to provide driver education course under more than one driver education provider license.

The proposed rules require an increase in fees paid to the agency by establishing a fee for an initial parent-taught driver education provider license and the annual renewal of that license.

5. The proposed rules create a new regulation.

The proposed rules create a new regulation by creating a new driver education provider, license structure, and license types and providing for a single license for a provider that seeks to offer driver education through the in-person, online, and parent-taught methods.

6. The proposed rules expand, limit, or repeal an existing regulation.

The proposed rules expand a regulation by requiring increased recordkeeping and reporting of student information, progress, and course completion; requiring parent-taught providers to obtain a driver education provider license; creating endorsements for the different driver education provider types under a single license; creating the continuing education audit process, and establishing risk-based inspections.

The proposed rules eliminate a regulation by repealing the Drug and Alcohol Driving Awareness courses, providers, and instructors; repealing the Driving Safety Course for Drivers Younger than 25, and Specialized Driving Safety courses; repealing the requirement for pre-licensure course approval; repealing licenses for Driving Safety Schools and Driving Safety Instructors; eliminates the continuing education course approval process; and the requirement for instructor development courses.

7. The proposed rules increase or decrease the number of individuals subject to the rules' applicability.

The proposed rules decrease the number of individuals subject to the rule's applicability by deregulating driving safety schools, driving safety instructors, Specialized Driving Safety, Driving Safety Course for Drivers Under 25 courses, and the Drug and Alcohol Driving Awareness Program.

8. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

The Department has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Government Code §2007.043.

PUBLIC COMMENTS

Comments on the proposed rules may be submitted electronically on the Department's website at https://ga.tdlr.texas.gov:1443/form/gcerules; by facsimile to (512) 475-3032; or by mail to Shamica Mason, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.

SUBCHAPTER A. GENERAL PROVISIONS

16 TAC §§84.1 - 84.3

STATUTORY AUTHORITY

The proposed rules are proposed under Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapter 51, Texas Education Code, Chapters 29 and 1001, and Texas Transportation Code, Chapter 521. No other statutes, articles, or codes are affected by the proposed rules.

§84.1.Authority.

This chapter is promulgated under Texas Occupations Code, Chapter 51;[,] Texas Education Code, Chapters 29 and 1001; and Texas Transportation Code, Chapter 521.

§84.2.Definitions.

Words and terms defined in the Code have the same meaning when used in this chapter. The following words and terms have the following meanings when used in this chapter, unless the context clearly indicates otherwise.

(1) ADE-1317--The driver education certificate of completion confirming student completion of a department-approved driver education course exclusively for adults.

(2) Advertising--Any affirmative act, whether written or oral, designed to call public attention to a driver training provider or course in order to evoke a desire to patronize that driver training provider or course. This includes meta tags and search engines.

(3) Branch location--A licensed in-person driver education provider that has the same ownership and name as a licensed primary in-person driver education provider but has a different physical address from the primary provider.

(4) Code--Refers to Texas Education Code, Chapter 1001.

(5) Contract site--An accredited public or private secondary school approved as a location for a driver education course of a licensed driver education provider.

(6) DE-964--The driver education certificate of completion confirming completion of an approved minor and adult driver education course.

(7) Education Service Center (ESC)--A public school district service organization of the Texas Education Agency governed by Texas Education Code, Chapter Eight.

(8) Instructional Hour (also known as "Clock Hour"):

(A) Driver Education Provider Instructional Hour--55 minutes of instruction time in a 60-minute period for a driver education course. This includes classroom and in-car instruction time.

(B) Driving Safety Provider Instructional Hour--50 minutes of instruction in a 60-minute period for a driving safety course.

(9) Personal validation question--A question designed to establish the identity of the student by requiring an answer related to personal information such as a driver's license number, address, date of birth, or other similar information that is unique to the student.

(10) Primary driver education provider--The main business location for a licensed in-person driver education provider.

(11) Public or private school--A public or private secondary school accredited by the Texas Education Agency.

(12) Relevant driver training entity--Refers to a licensed driver education provider, exempt driver education school, public or private school, education service center, college or university.

(13) Uniform certificate of course completion--A document with a serial number purchased from the department that is printed, administered and supplied by driving safety providers for issuance to students confirming completion of an approved driving safety course, and that meets the requirements of Texas Transportation Code, Chapter 543, and Texas Code of Criminal Procedure, Article 45.051 or 45.0511. This term encompasses all parts of an original or duplicate uniform certificate of course completion.

(14) Validation question--A question designed to establish the student's participation in a course or program and comprehension of the materials by requiring the student to answer a question regarding a fact or concept taught in the course or program.

§84.3.Materials Adopted by Reference.

(a) The minimum requirements for course content, classroom instruction, in-car, simulation, and range training required by this chapter for a minor and adult driver education course are the standards established in the Program of Organized Instruction in Driver Education and Traffic Safety (POI-DE), May 2022 Edition, created and distributed by the department, which is adopted into these rules by reference.

(b) The minimum requirements for course content and instruction for a driver education course exclusively for adults are the standards established in the Program of Organized Instruction in Driver Education and Traffic Safety Exclusively for Adults Six-Hour Course (POI-Adult Six-Hour), May 2022 Edition, created and distributed by the department, which is adopted into these rules by reference.

(c) The minimum requirements for course content and instruction for a driving safety course are the standards established in the Course of Organized Instruction for Driving Safety, (COI-Driving Safety), May 2022 Edition, created and distributed by the department, which is adopted into these rules by reference.

[(d) The minimum requirements for course content and instruction for a driving safety course are the standards established in the Course of Organized Instruction for Specialized Driving Safety, (COI-Specialized Driving Safety), May 2022 Edition, created and distributed by the department, which is adopted into these rules by reference.]

[(e) The minimum requirements for course content and instruction for a Drug and Alcohol Driving Awareness course are the standards established in the Program of Organized Instruction for Drug and Alcohol Driving Awareness Programs, (POI-DADAP), May 2022 Edition, created and distributed by the department, which is adopted into these rules by reference.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 26, 2023.

TRD-202300325

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: March 12, 2023

For further information, please call: (512) 463-7750

16 TAC §84.2

STATUTORY AUTHORITY

The proposed repeals are proposed under Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the proposed repeals are those set forth in Texas Occupations Code, Chapter 51, Texas Education Code, Chapters 29 and 1001, and Texas Transportation Code, Chapter 521. No other statutes, articles, or codes are affected by the proposed repeals.

§84.2.Definitions.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 26, 2023.

TRD-202300338

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: March 12, 2023

For further information, please call: (512) 463-7750

SUBCHAPTER B. DRIVER TRAINING AND TRAFFIC SAFETY ADVISORY COMMITTEE

16 TAC §84.30

STATUTORY AUTHORITY

§84.30.Membership.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 26, 2023.

TRD-202300339

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: March 12, 2023

For further information, please call: (512) 463-7750

16 TAC §§84.30 - 84.33

STATUTORY AUTHORITY

§84.30.Membership.

(a) The advisory committee consists of nine members appointed for staggered six-year terms by the presiding officer of the commission, with the approval of the commission, as follows:

(1) three driver education providers;

(2) three driving safety providers;

(3) one driver education instructor;

(4) the division head of the Department of Public Safety driver license division or the division head's designee; and

(5) one member of the public.

(b) Texas Government Code, Chapter 2110 does not apply to the advisory committee.

§84.31.Duties.

The advisory committee shall provide advice and recommendations to the department on rules, educational and technical matters relevant to the administration of the Code [~~Act~~] and this chapter.

§84.32.Terms; Vacancies.

(a) A member may not serve two consecutive full terms.

(b) If a vacancy occurs during a term, the presiding officer of the commission, with the approval of the commission, must [~~shall~~] appoint a replacement who meets the qualifications of the vacated position to serve for the remainder of the term.

(c) A member of the advisory committee may be removed from the advisory committee as provided by Texas Occupations Code §51.209.

(d) Members of the advisory committee may not receive compensation but are entitled to reimbursement for actual and necessary expenses incurred in performing the functions of the advisory committee, subject to the General Appropriations Act.

§84.33.Officers.

(a) The presiding officer of the commission must [~~shall~~] appoint the presiding officer of the advisory committee.

(b) The presiding officer of the advisory committee may vote on any matter before the advisory committee.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 26, 2023.

TRD-202300326

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: March 12, 2023

For further information, please call: (512) 463-7750

SUBCHAPTER C. DRIVER EDUCATION SCHOOLS AND INSTRUCTORS

16 TAC §§84.40 - 84.46

STATUTORY AUTHORITY

§84.40.Driver Education School Licensure Requirements.

§84.41.Driver Education School Responsibilities.

§84.42.Motor Vehicles.

§84.43.Driver Education Certificates.

§84.44.Driver Education Instructor License.

§84.45.Student Progress.

§84.46.Attendance and Makeup.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 26, 2023.

TRD-202300340

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: March 12, 2023

For further information, please call: (512) 463-7750

16 TAC §§84.40 - 84.48

STATUTORY AUTHORITY

§84.40.Driver Education Provider Licensure Requirements.

(a) Application. An application for licensure as a driver education provider must be made on forms prescribed by the department, and be accompanied by the appropriate fees. An application for a branch driver education provider license must not have the same physical address as the primary provider. A license application is valid for one year from the date it is filed with the department.

(b) Bond requirements. In the case of an original or a change of owner application, an original bond must be provided. In the case of a renewal application, an original bond or a continuation agreement for the approved bond currently on file must be submitted. The bond or the continuation agreement must be executed on the form provided by the department.

(c) Verification of driver education provider ownership. In the case of an original or change of owner application for a driver education provider, the owner must provide verification of ownership to the department.

(d) Change of ownership of a driver education provider. A change of ownership occurs when there is a change in the control of the provider. The control of a provider is considered to have changed:

(1) in the case of ownership by an individual, when more than 50 percent of the provider has been sold or transferred;

(2) in the case of ownership by a partnership or a corporation, when more than 50 percent of the provider, or of the owning partnership or corporation has been sold or transferred; or

(3) when the board of directors, officers, shareholders, or similar governing body has been changed to such an extent as to significantly alter the management and control of the provider.

(e) Purchase of a driver education provider.

(1) A person who purchases a licensed driver education provider must obtain an original license or branch location license as applicable.

(2) The purchaser must assume all refund liabilities incurred by any former owner as well as the liabilities, duties, and obligations under the enrollment contracts between the students and any former owner before the transfer of ownership.

(f) New location or change of address.

(1) The department must be notified in writing of any change of address at least fifteen (15) working days before the move.

(2) The driver education provider must submit the appropriate change of address fee prior to the actual move.

(3) If a student is not willing or able to change locations, a pro-rata refund (without deducting any administrative expense) must be made to the student.

(g) Renewal of driver education provider license. An application for the renewal of a license for a driver education provider must be submitted before the expiration of the license and include the following:

(1) the renewal fee;

(2) a current list of instructors at the school, if applicable;

(3) an executed bond or executed continuation agreement for the bond, currently approved by and on file with the department; and

(4) if applicable, a current list of all motor vehicles used for instruction.

(h) Denial, revocation, or conditional license. The authority to operate a branch location ceases if a primary driver education provider license is denied or revoked. The operation of a branch location license may be subject to any conditions placed on the continued operation of the primary driver education provider. A driver education provider license for a branch location may be denied, revoked, or conditioned separately from the license for the primary location.

(i) Driver education provider closure.

(1) The driver education provider owner must notify the department at least fifteen (15) business days before the anticipated provider closure. In addition, the driver education provider owner must provide written notice of the actual discontinuance of the operation on the day of cessation of classes. A driver education provider must make all records available for review to the department upon department request.

(2) The department may declare a driver education provider to be closed:

(A) when the provider no longer has the facilities, vehicles, instructors, or equipment to provide training pursuant to this chapter;

(B) when the provider has stopped delivering instruction and training in driver education and has failed to fulfill contractual obligations to its students;

(C) when the provider informs the department in writing of its intention to no longer deliver instruction or training in driver education and returns all unissued driver education certificates or certificate numbers; or

(D) when the provider owner allows the license to expire.

(3) If a branch location closes and a student is not willing or able to complete the training at the primary location, a pro-rata refund (without deducting any administrative expense) must be made to the student.

(j) A driver education provider must not state or imply that a driver's license, permit, or DE-964 is guaranteed or assured to any student or individual who will take or complete any instruction, or enroll, or otherwise receive instruction from any driver education provider.

(k) Contract site. An in-person driver education provider may conduct a course at a contract site, upon execution of a legal written agreement between the licensed driver education provider and an authorized representative for the contract site to provide driver education instruction. The course is subject to the same rules that apply to the licensed driver education provider, including inspections by department representatives. An on-site inspection is not required prior to use of the site. The written agreement is subject to the recordkeeping requirements under §84.81.

§84.41.Driver Education Provider Responsibilities.

(a) Each driver education provider must:

(1) maintain a current mailing address, telephone number, and e-mail address (if applicable) with the department; and

(2) provide or allow instruction to be provided only in courses that are currently on the provider's list of approved courses.

(b) An in-person or online driver education provider must:

(1) ensure that each person giving instruction with the provider has a valid driver education instructor license issued by the department;

(2) issue a DE-964 or ADE-1317 certificate of completion only to a person who has successfully completed the entire portion of the course for which the DE-964 or ADE-1317 is being issued;

(3) authorize or conduct instruction in a motor vehicle that meets the requirements stated in §84.42 (relating to Motor Vehicles); and

(4) ensure that no driver education instructor provides more than 10 hours of behind-the-wheel instruction per day.

(c) Each driver education provider that purchases driver education certificate numbers from the department must comply with the requirements stated in §84.43.

(d) Driver education providers must be located in, or maintain a registered agent in, the state of Texas. A registered agent's address must not be used for a driver education provider's physical or mailing address.

§84.42.Motor Vehicles.

All in-car instruction of students by driver education providers must be conducted in motor vehicles owned or leased by the owner of the driver education provider in the name of the driver education provider. If the student is disabled, the provider may use a motor vehicle that is equipped with special vehicle controls. All provider motor vehicles, except vehicles owned by a disabled student or a disabled student's parent, that are used to demonstrate or practice driving lessons must:

(1) be properly registered and inspected as required by the Texas Department of Motor Vehicles;

(2) be equipped with dual control brake pedals so that there is a foot brake located within easy reach of the instructor that can bring the vehicle to a stop, and otherwise be equipped in accordance with Texas motor vehicle laws;

(3) be equipped with an extra inside rearview mirror on the instructor's side, which must not be a visor mirror; and

(4) be insured by a company authorized to do business in Texas with a continuous liability business insurance policy in the amount specified in Transportation Code, Chapter 601, and include coverage for uninsured or underinsured motorists.

§84.43.Driver Education Certificates.

(a) Relevant driver training entities.

(1) A relevant driver training entity may request driver education certificates or certificate numbers by submitting an online, mailed or faxed department prescribed order form, signed by an authorized representative of the relevant driver training entity, stating the number of driver education certificates or certificate numbers to be purchased and include payment of all appropriate fees. A signature is not required for orders placed through the online system.

(2) Relevant driver training entities must:

(A) issue driver education certificates or certificate numbers only to students who have successfully completed the applicable portion of the approved driver education course;

(B) issue driver education certificates or certificate numbers in serial number order as purchased from the department;

(C) indicate the serial number of the original driver education certificate or certificate number on such certificate or certificate number and any issued duplicate, if necessary;

(D) not use an ADE-1317 driver education certificate or certificate number to replace a DE-964 driver education certificate or certificate number;

(E) not transfer unassigned or blank driver education certificates or certificate numbers at any time;

(F) maintain effective protective measures to ensure the security of driver education certificates or certificate numbers to prevent the unauthorized production or misuse of the certificates, and for the recovery of lost data (electronic or otherwise) for such certificates or certificate numbers;

(G) maintain reconciliation records of all purchased, issued, unissued or unassigned driver education certificates or certificate numbers in ascending serial number order, and ensure security and recovery of the reconciliation record data;

(H) make all records available for review by representatives of the department upon request;

(I) return unissued driver education certificates or certificate numbers to the department within thirty (30) calendar days from the date of the discontinuance of the driver education program, unless otherwise notified by the department;

(J) report to the department all unaccounted driver education certificates or certificate numbers within fifteen (15) working days of the discovery of the incident;

(K) conduct an investigation to determine the circumstances surrounding their unaccounted driver education certificates and report the investigation findings, including preventative measures for recurrence, to the department within thirty (30) calendar days of the discovery;

(L) develop and maintain effective policies and processes to ensure constant privacy, security, and integrity of confidential student information, personal and financial, and make the privacy policy available to all students; and

(M) ensure that the front of each driver education certificate contains the department's complaint contact information and current department telephone number in a font that is visibly recognizable.

(3) Each unaccounted original or duplicate driver education certificate or certificate number (whether lost, stolen, blank, or unissued) may be considered a separate violation.

(4) The right to receive driver education certificates may be immediately suspended for a period determined by the department if:

(A) a department investigation is in progress and the department has reasonable cause to believe the certificates have been misused or abused or that adequate security was not provided; or

(B) the relevant driver training entity or its designee fails to provide information on records requested by the department within the required time.

(5) The driver education certificate is a government record as defined under Texas Penal Code, §37.01(2). Any misrepresentation by the applicant or person issuing the driver education certificate may result in suspension or revocation of instructor credentials or program approval and/or criminal prosecution.

(b) Driver education provider responsibilities.

(1) Driver education certificates or certificate numbers must only be ordered by driver education providers. The primary driver education provider must order all driver education certificates and certificate numbers for its branch locations.

(2) A driver education provider must issue the "For Learner License Only" portion of the DE-964 certificate to the student upon successful completion of Module One of the Program of Organized Instruction for Driver Education and Traffic Safety.

(3) A driver education provider must issue the "For Driver License Only" portion of the DE-964 certificate to the student upon successful completion of the driver education course.

(4) The exception to paragraphs (2) and (3) is a request for transfer by the parent or legal guardian of the student. The transfer policy will be followed to comply with the parent or legal guardian request for transfer.

(5) The DPS copy of a driver education certificate must contain the original signature of the driver education instructor, or the designated parent-taught driver education instructor as applicable. The name of the driver education provider owner or its designee may be written, stamped, or typed.

(1) The driver education certificates must be issued to the superintendent, college or university chief school official, ESC director, or their designee responsible for managing the certificates for the school. This does not remove the superintendent, college or university chief school official, or ESC director from obligations pursuant to this subchapter to oversee the program.

(2) The department will accept purchase requisitions from school districts.

(3) Each superintendent, college or university chief school official, ESC director, or their designee must ensure that the policies concerning driver education certificates are followed by all individuals who have responsibility for the certificates.

(4) The superintendent, college or university chief school official, ESC director, or their designee must ensure that employees issue a driver education certificate only to a person who has successfully completed the entire portion of the course for which the driver education certificate is being used.

(A) The "For Learner License Only" portion of the driver education certificate must be issued to the student upon completion of Module One of the Program of Organized Instruction for Driver Education and Traffic Safety.

(B) The "For Driver License Only" portion of the driver education certificate must be issued to the student upon completion of the driver education program.

(C) The exception to subparagraphs (A) and (B) is a request for transfer by the parent or legal guardian of the student. The transfer policy will be followed to comply with the parent or legal guardian request for transfer.

(5) The DPS copy of a driver education certificate must contain the original signature of the driver education instructor. The name of the superintendent, college or university chief school official, ESC director, or their designee may be written, stamped, typed, or omitted.

(6) The superintendent, college or university chief school official, ESC director, or their designee must complete the affidavit on the driver education certificate if the licensed instructor has left the driver education program, become seriously ill or deceased.

§84.44.Driver Education Instructor License.

(a) An application for licensure as a driver education instructor must be made on forms prescribed by the department and be accompanied by the appropriate fees. A license application is valid for one year from the date it is filed with the department. A person applying for an original driver education instructor license must:

(1) hold a valid class A, B, C, or CDL driver's license, other than a learner license or provisional license, for the preceding three years, that has not been revoked or suspended in the preceding three years;

(2) submit a completed application with non-refundable application fee as prescribed by the department;

(3) submit the instructor licensing fees;

(4) submit a national criminal history record information review fee; and

(5) provide fingerprints to the Texas Department of Public Safety (DPS) through the IdentoGo Fingerprint Service or any other method required by the DPS.

(b) A driver education instructor may perform instruction and administration of the classroom and in-car phases of driver education, as prescribed in the POI-DE, and the classroom phase of the POI-Adult Six-Hour.

(c) An application for renewal of a driver education instructor license must be submitted on forms prescribed by the department. A complete renewal application must include the following:

(1) the renewal fee;

(2) provide a valid driver license record that meets the requirements stated in §84.44(a)(1); and

(3) if selected for audit, proof of successful completion of at least two hours of continuing education credit during the license renewal period relating to driver education, driving safety, and instructional techniques.

(d) The department will employ an audit system for reporting completion of continuing education. The licensee is responsible for maintaining a record of the licensee's continuing education experiences. The certificates, transcripts, or other documentation verifying the completion of continuing education hours must not be forwarded to the department at the time of renewal unless the department has selected the licensee for audit.

(e) The audit process for continuing education will be as follows:

(1) The department will select for audit a random sample of licensees for each renewal period. Licensees will be notified of the continuing education audit when they receive their renewal documentation.

(2) If selected for an audit, the licensee must submit copies of certificates, transcripts, or other documentation satisfactory to the department, verifying the licensee's attendance, participation, and completion of the continuing education. All documentation must be provided at the time of the renewal.

(3) Failure to timely furnish documentation or providing false information during the audit process or renewal process are grounds for disciplinary action against the licensee.

(f) An applicant for a driver education instructor license or its renewal must successfully pass a criminal history background check.

§84.45.Student Progress.

Appropriate standards must be implemented to ascertain the progress of the students.

(1) Progress standards must meet the requirements of the POI-DE approved by the department.

(2) The driver education instructor must certify that each student successfully mastered all course content before the student is awarded a driver education certificate for completion of a driver education program.

§84.46.Attendance and Makeup.

(a) Written or electronic records of student attendance must be prepared daily to document the attendance and absence of the students. A student must make up any time missed. Electronic signatures must comply with Texas Business and Commerce Code, Chapter 322.

(b) Driver education training offered by the provider must not exceed six hours per day. In-person driver education providers may include five minutes of break per instructional hour as identified in §84.500 (relating to Courses of Instruction for Driver Education Schools). In-car instruction provided by the provider must not exceed four hours per day as follows:

(1) four hours or less of in-car training; however, behind-the-wheel instruction must not exceed two hours per day; or

(2) four hours or less of simulation instruction; or

(3) four hours or less of multicar range instruction; or

(4) any combination of the methods delineated in this subsection that does not exceed four hours per day.

(c) A student must complete the hours of instruction for the required classroom and in-car phases of the minor or adult driver education course, including any makeup lessons, within the timeline specified in the original student enrollment contract.

(d) Variances to the timelines for completion of the driver education instruction stated in the original student enrollment contract may be made at the discretion of the provider owner and must be agreed to in writing by the parent or guardian.

§84.47.Student Conduct Policy.

A statement regarding the following must [~~shall~~] be provided to the parent or guardian signing the contract:

(1) conditions for dismissal; and

(2) conditions for reentry of students.

§84.48.Accommodations for Deaf or Hard of Hearing Students.

(a) Consistent with the requirements of the Americans With Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), a Driver Education Provider [~~School~~] must make reasonable accommodations and provide aids and services when, providing the classroom portion of a driver education course, that are necessary to ensure that a student who is deaf or hard of hearing may fully participate in the course.

(b) As part of the original or renewal application to obtain a driver education provider [~~school~~] license, the applicant must provide the provider's [~~school's~~ ] plan for complying with §84.48(a).

(c) A provider [~~school~~] will be in compliance with §84.48, if the provider [~~school~~ ] utilizes the department's online driver education course described in §1001.059 of the Code.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 26, 2023.

TRD-202300327

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: March 12, 2023

For further information, please call: (512) 463-7750

SUBCHAPTER D. PARENT-TAUGHT [~~PARENT TAUGHT~~] DRIVER EDUCATION

16 TAC §§84.50 - 84.52

STATUTORY AUTHORITY

§84.50.Parent-Taught Driver Education Program Requirements.

(a) Prior to teaching a department-approved parent-taught [~~parent taught~~] driver education course, a parent or other individual authorized under §1001.112 of the Code, must submit a completed request for Parent-Taught [~~Request for Parent Taught~~] Driver Education Instructor Designation Service Application [~~Program Guide form~~] with a non-refundable fee to the department.

~~[(b) The person conducting the course must:]~~

~~[(1) Possess a valid license for the preceding three years that has not been suspended, revoked, or forfeited in the past three years for an offense that involves the operation of a motor vehicle;]~~

~~[(2) have not been convicted of:]~~

~~[(A) criminally negligent homicide; or]~~

~~[(B) driving while intoxicated in the past seven years; and]~~

~~[(3) have not been convicted during the preceding three years of:]~~

~~[(A) three or more moving violations described by Section 542.304, Transportation Code, including violations that resulted in an accident; or]~~

~~[(B) two or more moving violations described by Section 542.304, Transportation Code, that resulted in an accident.]~~

(b) [~~(c)~~] After receiving the Parent-Taught [~~Parent Taught~~] Driver Education Instructor Designation Service Application [~~Program Guide~~], the instructor must obtain one of the department approved parent-taught [~~parent taught~~] driver education courses to fulfill program requirements.

(c) [~~(d)~~] The parent-taught [~~parent taught~~] driver education [~~course~~] provider must [~~will~~] provide the appropriate portion of a control-numbered DE-964 [~~only~~] to a person who has completed the objectives found in Module One: Traffic Laws of the POI-DE, or who has successfully completed the entire portion of the course for which the DE-964 is being issued.

(d) The program includes both classroom and in-car instruction phases. Instruction is limited to six hours per day, including not more than two hours of behind-the-wheel instruction per day.

~~[(e) The program includes both classroom and in-car instruction. Classroom instruction is limited to two hours per day and in-car instruction is limited to two hours per day.]~~

(e) [~~(f)~~] The parent, or other individual authorized under §1001.112 of the Code, may teach both instruction phases, or utilize a licensed driver education provider, or public driver education school for either phase.

(f) [~~(g)~~] The fourteen (14) hours of in-car instruction must be taught under one program: [;] either parent-taught, [~~parent taught~~] or a licensed driver education provider, or public driver education school. All previous driver education hours must be repeated if the method of instruction changes prior to completion of either phase.

(g) [~~(h)~~] The remaining hours of classroom following Module One: Traffic Laws of the POI-DE, must be taught under one program, either parent-taught, a [~~parent taught or a~~] licensed driver education provider, or public driver education school.

(h) [~~(i)~~] The additional thirty (30) hours of behind-the-wheel supervised practice must be completed in the presence of an adult who meets the requirements of Texas Transportation Code, §521.222(d)(2).

(i) [~~(j)~~] A student may apply to the Department of Public Safety for a learner license after completion of the objectives found in Module One: Traffic Laws of the POI-DE.

(j) [~~(k)~~] Behind-the-wheel driver education instruction may be conducted in any vehicle that is legally operated with a Class C driver license on a Texas highway.

(k) [~~(l)~~] Behind-the-wheel driver education instruction may begin after the student receives a learner license. The required curriculum that must be followed includes: minimum of 44 hours that includes: seven hours behind the wheel supervised practice instruction in the presence of a parent or other individual authorized under §1001.112 of the Code; seven hours of in-car observation in the presence of a parent or other individual authorized under §1001.112 of the Code; and 30 hours of behind the wheel supervised practice instruction, including at least 10 hours at night, in the presence of an adult who meets the requirements of Texas Transportation Code, §521.222(d)(2).

§84.51.[~~Parent Taught~~] Submission of Parent-Taught Course for Department Approval.

(a) If the curriculum and all materials meet or exceed the minimum standards set forth in §1001.112 of the Code, the department will approve the course. No more than 640 minutes of the required hours of classroom instruction delivered via multimedia may be counted.

(b) Notification of approval or denial will be sent to the requesting entity. Deficiencies will be noted in cases of denial. Any substantive change in course curriculum or materials will require submission for approval according to subsection (a).

(c) A written request is required within thirty (30) days if there is any change relating to an approved course, including contact information, company name, and course titles. Updated information will be included as soon as practical.

(d) The department will retain submitted materials according to the department's retention schedule.

(e) The department has authority to require course re-approval due to changes in parent-taught [~~parent taught~~] driver education curriculum requirements, state law, or administrative rules. The department will notify the parent-taught [~~parent taught~~] driver education course provider when re-approval is required. The course provider will have ninety (90) days from the date of notification to submit the requested information. Failure to adequately respond within the required time will result in cancellation of the course approval. The department will review the course material and make a determination as to adoption in a timely manner.

(f) A parent-taught [~~parent taught~~] driver education course submitted for department review may be denied upon finding:

(1) that the course does not meet the standards required under §1001.112 of the Code; or

(2) the materials used were not approved by the department.

(g) A notice of denial will be sent to requesting entity. The requesting entity will have ninety (90) days to correct the noted deficiencies. If the requesting entity fails to meet approval criteria, the course will be denied. If a course is denied by the department, the requesting entity must wait thirty (30) days before submitting a new parent-taught [~~parent taught~~] driver education course for approval by the department.

(h) Course identification. All parent-taught [~~parent taught~~] courses must [~~shall~~] display the parent-taught [~~parent taught course~~] provider name and registration number assigned by the department on the entity's website and the registration page used by the student to pay any monies, provide any personal information, and enroll.

(i) A parent-taught [~~parent taught~~] course may accept students redirected from a website if [~~as long as~~] the student is redirected to a webpage that clearly identifies the parent-taught [~~parent taught course~~] provider and registration number offering the course. This information must [~~shall~~] be visible before and during the student registration and course payment processes.

§84.52.Cancellation of Department Approval.

(a) A department-approved parent-taught [~~parent taught~~] driver education course may have its approval cancelled upon a finding:

(1) That the course does not meet the standards required under §1001.112 of the Code, or

(2) The materials used were not approved by the department.

(b) Prior to cancellation, the department will allow the parent-taught [~~parent taught~~] driver education course provider ninety (90) days from the date of notification the opportunity to correct the noted deficiencies in the curriculum and remove the non-approved material.

(1) Failure to adequately respond within the required time will result in cancellation of the course.

(2) If the parent-taught [~~parent taught~~] driver education course is cancelled by the department, all course information will be removed from the Parent-Taught [~~Parent Taught~~] Driver Education Instructor Designation Service Application [~~Program Guide~~] and the department's website immediately.

(3) If a parent-taught [~~parent taught~~] driver education course is cancelled by the department, the entity must wait thirty (30) days before submitting a new Parent Taught Driver Education Course for approval by the department.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 26, 2023.

TRD-202300328

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: March 12, 2023

For further information, please call: (512) 463-7750

SUBCHAPTER E. DRIVING SAFETY SCHOOLS, COURSE PROVIDERS AND INSTRUCTORS

16 TAC §§84.60 - 84.64

STATUTORY AUTHORITY

The proposed repeals are proposed under Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001, which authorize the Texas Commission of Licensing and Regulation, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

§84.60.Driving Safety School Licensure Requirements.

§84.61.Driving Safety School and Course Provider Responsibilities.

§84.62.Course Provider License Requirements.

§84.63.Uniform Certificate of Course Completion for Driving Safety or Specialized Driving Safety Course.

§84.64.Driving Safety Instructor License Requirements.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 26, 2023.

TRD-202300341

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: March 12, 2023

For further information, please call: (512) 463-7750

SUBCHAPTER E. PROVIDERS [~~DRIVING SAFETY SCHOOLS, COURSE PROVIDERS AND INSTRUCTORS~~]

16 TAC §§84.60, 84.61, 84.63

STATUTORY AUTHORITY

§84.60.Driving Safety Provider License Requirements.

(a) Application for driving safety provider license. An application for a driving safety provider license must be made on forms prescribed by the department, and be accompanied by the appropriate fee. A license application is valid for one year from the date it is filed with the department.

(b) Bond requirements for providers. In the case of an original or a change of owner application, an original bond must be provided in the amount of $10,000. In the case of a renewal application, an original bond or a continuation agreement for the approved bond currently on file shall be submitted. The bond or the continuation agreement must be executed on the form prescribed by the department.

(c) Provider license. The provider license must indicate the name of the driving safety course for which approval is granted exactly as stated in the application for the course approval.

(d) Verification of ownership for driving safety provider. In the case of an original or change of owner application for a driving safety provider, the provider owner must provide verification of ownership.

(e) Purchase of driving safety provider. A person or persons purchasing a licensed driving safety provider must obtain an original license and bond. The contract or any instrument transferring the ownership of the driving safety provider must include the following statements:

(1) The purchaser must assume all refund liabilities incurred by the seller or any former owner before the transfer of ownership; and

(2) The purchaser must assume the liabilities, duties, and obligations under the enrollment contracts between the students and the seller, or any former owner.

(f) New location. The department must be notified in writing of any change of address of a driving safety provider or its registered agent at least fifteen (15) working days before the move. The appropriate fee and all documents must also be submitted.

(g) Renewal of driving safety provider license. A complete application for the renewal of a license for a driving safety provider must be submitted before the expiration of the license and must include the following:

(1) a completed application for renewal;

(2) an annual renewal fee; and

(3) an executed bond or executed continuation agreement for the bond currently on file with the department.

(h) Provider closure. A provider owner must notify the department of its closure date at least fifteen (15) business days before the closure. A provider must make all records and all used and unused uniform certificates of course completion and course completion certificate numbers available for review by the department upon request.

§84.61.Driving Safety Provider Responsibilities.

(a) Driving safety providers must be located, or maintain a registered agent, in the State of Texas. A registered agent's address must not be used for a driving safety provider's physical or mailing address.

(b) Each provider must:

(1) maintain a current mailing address with the department;

(2) develop and maintain effective policies and processes to ensure constant privacy, security, and integrity of confidential student information, personal and financial, and make the privacy policy available to all students; and

(3) make all records, including all used and unused uniform certificates of course completion and course completion certificate numbers, available for review by the department upon request.

§84.63.Uniform Certificate of Course Completion for Driving Safety Course.

(a) For purposes of this section, the term "certificate" refers to uniform certificates of course completion issued by the department to driving safety providers in paper format, and certificate numbers issued to driving safety providers for inclusion on department-approved driving safety course certificate completion forms.

(b) Driving safety provider responsibilities. Providers are responsible for original and duplicate certificates in accordance with this subsection. Each driving safety provider must:

(1) submit a plan for the electronic issuance of certificates for approval by the department prior to its implementation;

(2) issue certificates that comply with the design specifications approved by the department;

(3) develop and maintain a department-approved method for securing, issuing, and maintaining original and duplicate certificates that, to the greatest extent possible, prevents the unauthorized production or misuse of the certificates, and allows for the recovery of lost data (electronic or otherwise) for such certificates;

(4) issue certificates only to students who have successfully completed all elements of the provider's approved driving safety course;

(5) maintain secure files (electronic or otherwise) with data pertaining to all certificates purchased from the department, and must make available to the department, upon request, an ascending numerical accounting record of the numbered certificates issued;

(6) issue all original and duplicate certificates using first-class or enhanced postage, equivalent commercial delivery method, or a department-approved electronic issuance method;

(7) sequentially number original certificates from the block of numbers purchased from the department;

(8) use certificates only for the course for which the certificates were ordered from the department;

(9) implement and maintain methods for efficiently issuing original certificates so that issuance of duplicate certificates is kept at a minimal rate;

(10) report all unaccounted original and duplicate certificates or unissued certificates or duplicates to the department within 15 business days of the discovery of the incident;

(11) conduct an investigation to determine the circumstances surrounding the unaccounted items noted in paragraph (10), and submit a report of the findings of the investigation, including preventative measures for recurrence, to the department within thirty (30) days of the discovery; and

(12) report original and duplicate certificate data, by secure electronic transmission, to the department within five (5) days of issuance using guidelines established and provided by the department. The issue date indicated on the certificate shall be the date the provider issues the certificate to the student.

(1) The provider's records, including unissued or unnumbered original and duplicate certificates, must be available for review by representatives of the department.

(2) A driver safety provider must not issue, transfer, or transmit an original or duplicate certificate bearing the serial number of a certificate or duplicate previously issued.

(3) Each unaccounted, missing, blank, or unissued original or duplicate certificate may be considered a separate violation. This may include a lost, stolen, or otherwise unaccounted original or duplicate certificate.

(4) When a duplicate certificate is issued by a provider, the duplicate certificate shall bear a serial number from the block of numbers purchased from the department by the provider. The duplicate certificate must clearly indicate the number of both the duplicate and the original serial number of the certificate being replaced.

(5) Any item on a duplicate certificate that has different data than that shown on the original certificate must clearly indicate both the original data and the replacement data; for example, a change in the date of course completion must show the correct date and "changed from XX," where "XX" is the date shown on the original certificate.

(6) If the student requests a duplicate certificate within thirty (30) days of the date of issue of the original certificate because the original was not received, unusable, or was issued with errors due to no fault of the student, the provider must issue the duplicate at no cost to the student. Driving safety providers must include this information in the student enrollment contract.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 26, 2023.

TRD-202300329

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: March 12, 2023

For further information, please call: (512) 463-7750

SUBCHAPTER F. DRUG AND ALCOHOL AWARENESS PROGRAMS AND INSTRUCTORS

16 TAC §§84.70 - 84.72

STATUTORY AUTHORITY

The proposed repeals are proposed under Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001, which authorize the Texas Commission of Licensing and Regulation, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

§84.70.Drug and Alcohol Driving Awareness Program School Licensure Requirements.

§84.71.School and Course Provider Responsibilities.

§84.72.Instructor License Requirements.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 26, 2023.

TRD-202300342

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: March 12, 2023

For further information, please call: (512) 463-7750

SUBCHAPTER G. GENERAL BUSINESS PRACTICES

16 TAC §§84.80 - 84.85

STATUTORY AUTHORITY

The proposed rules are proposed under Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001, which authorize the Texas Commission of Licensing and Regulation, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

§84.80.Names and Advertising.

(a) A licensed driver training provider must not conduct business or advertise under a name that is not distinguishable from a name used by any other licensed driver training provide, or tax-supported educational establishment in this state, unless specifically approved in writing by the department.

[(a) A licensed driver education school, driving safety school, department-approved course provider, or drug and alcohol awareness school may not conduct business or advertise under a name that is not distinguishable from a name used by any other licensed driver education school, driving safety school, course provider or drug and alcohol awareness school, or tax-supported educational establishment in this state, unless specifically approved in writing by the department.]

(b) Use of names other than the approved provider [~~school~~] name may constitute a violation of this section.

(c) Branch providers must [~~schools shall~~] conduct business using the same name as the primary driver education provider [~~school~~].

(d) [~~An applicant applying for approval of a new license shall be allowed to advertise in a manner as approved by the department.~~] Any publicly posted advertisement from a license applicant subject to license approval by the department must [~~shall~~] include the following information:

(1) A notice stating "Driving School Coming Soon"; and

(2) Display a functioning phone number and email address for the provider within the advertisement.

(e) An applicant applying for approval of a new provider license must [~~shall~~] not:

(1) Enroll students or conduct classes in driver training [~~or drug and alcohol awareness~~] prior to department approval of the license application;

(2) Accept payments from prospective students; or

(3) Publish advertisements including the provider [~~school~~] name or upcoming class sessions.

(f) A driver training provider must [~~school shall~~] not advertise without including the provider [~~school~~] name and license [~~the school~~] number [~~exactly~~] as it appears on the provider [~~driver education school~~] license.

(g) All advertisements of a multiple classroom location or alternative delivery method shall meet the requirements in subsections (a) - (f).

§84.81.Recordkeeping Requirements.

(a) A driver training provider must accurately complete all records and applications and furnish upon request any data pertaining to student enrollments and attendance, as well as records and necessary data required for licensure and to show compliance with the legal requirements for inspection or audit to authorized representatives of the department. The records must include timecards for driver education instructors and schedules that reflect the duties and instruction times for instructors that correlate to the times that are shown on timecards.

(b) The driver training provider must retain all student records for at least three years. A driver training provider must maintain access to the records for the students who completed driver training at its licensed location within the last twelve (12) months. The driver training provider must maintain all other driver training records at a location accessible by the provider after twelve (12) months. Providers with no current enrollment may request approval from the department to transfer records to the primary provider or another licensed location.

(c) A driver training provider must maintain a written or electronic daily record of attendance, including makeup sessions, if applicable, for all students enrolled with the provider.

(d) Each driver training provider must retain a copy of the DE-964, ADE-1317, or uniform certificate of course completion for driving safety in the appropriate student files.

(e) Each driver training provider must, upon request, furnish each individually contracted student a duplicate of his or her instruction record when all the courses contracted for are completed or the student otherwise ceases taking instruction at or with the provider, provided all financial obligations have been met by the student.

(f) Driver Education Provider Student Records.

(1) The individual student record form (classroom instruction) for all students must include the following:

(A) the name, license number, and address of the provider;

(B) the full name, full address, telephone number of the student, and date of birth;

(D) the date(s) of instruction;

(E) each topic of instruction completed;

(F) the grade earned for each unit, if applicable; and

(G) the initials of each instructor providing the classroom instruction. The instructor's signature and license number shall appear at least once on the form.

(2) The individual student record form (in-car instruction) must contain the following entries:

(A) the full name, full address, telephone number of the student, and date of birth;

(B) the date(s) of instruction;

(D) the score earned for each lesson;

(E) the driver or learner license number held by the student; and

(F) the instructor's name and license number or instructor initials (if the instructor's name and license number appears at least one time on the record).

(g) Each driver education provider must report certificate data in a manner and format prescribed by the Department within 15 calendar days after the certificate issuance for each phase. This includes the "For Learner License Only" portion of the Texas Driver Education Certificate and the "For Driver License Only" portion of the Texas Driver Education Certificate.

(h) Driver education providers must not release student records that identify the student by name or address, or may lead to such identification, except:

(1) to authorized representatives of the department;

(2) to a peace officer;

(3) under court order or subpoena; or

(4) with written consent of both the student and at least one parent or legal guardian if the student is under 18 years of age.

§84.82.Driver Training Provider Student Enrollment Contracts.

(a) A legal written or electronic student enrollment contract must be executed prior to the provider’s receipt of any money. Electronic signatures shall comply with Texas Business and Commerce Code, Chapter 322.

(b) All driver training provider student enrollment contracts must contain at least the following:

(1) the student's legal name and, for driver safety courses, the student’s driver license number;

(2) the student's address, including city, state, and zip code;

(3) the student's telephone number;

(4) the student's date of birth;

(5) the full legal name and license number of the primary driver education provider or the branch provider, or the driving safety provider, as applicable;

(6) the specific driver training course to be taught;

(7) the agreed total contract charges that itemize all tuition, fees, and other charges;

(8) the terms of payment;

(9) the number of classroom lessons;

(10) the length of each lesson and course;

(11) the provider’s cancellation, termination, and refund policy;

(12) a statement indicating the specific location, date, and time that classroom instruction is scheduled to begin; the date classroom instruction is scheduled to end; and the amount of time a student has to complete all classroom instruction, makeup assignments, and in-car instruction, if applicable;

(13) the number of in-car lessons, if applicable;

(14) the rate per classroom lesson, if applicable;

(15) the rate per in-car lesson, if applicable;

(16) a statement that the provider maintains a business insurance policy for vehicles with coverage as required by Texas Transportation Code, Chapter 601, and uninsured or underinsured coverage, if applicable;

(17) the signature of a representative for the provider; and

(18) the student's signature or, if a driver education student is younger than 18, the printed name and signature of the parent or legal guardian. The signature of the parent or legal guardian is not required for an individual younger than 18 who is, or has been, married or emancipated by court order.

(c) A copy of the enrollment contract must be delivered by the provider to the student, if 18 years of age or older, or to the parent or legal guardian that signed the contract.

(d) A copy of each enrollment contract is a part of the student files maintained by all driver education providers.

(e) Driver education courses exclusively for adults and driving safety providers may use a group contract that includes more than one student's name.

(f) Driver training provider student enrollment contracts must contain the following notice for the student which states: Any grievances not resolved by the provider may be forwarded to the Texas Department of Licensing and Regulation, Driver Education and Safety, P.O. Box 12157, Austin, Texas 78711, or by facsimile to (512) 463-9468, or electronically to: https://www.tdlr.texas.gov/help/. The current telephone numbers of the department are 800-803-9202 or (512) 463-6599.

§84.83.Student Complaints.

Driver training providers must make every effort to resolve disputes between students and the provider.

§84.84.Notification of Public Interest Information and Participation.

Consumers and service recipients must [~~shall~~] be notified of the name, e-mail address, mailing address, and telephone number of the department for the purpose of directing complaints to the department regarding the Driver Education and Safety Program. The notification must appear on the following:

(1) each [~~registration form, application, or~~] written contract for services of a person regulated under this chapter; and

(2) a sign prominently displayed in the place of business or website of each person regulated under this chapter.

§84.85.Statement of Assurance.

(a) Driver training providers must [~~education schools, and department-approved course providers shall~~] submit a Statement of Assurance as prescribed by the department to demonstrate course materials have been updated to reflect the latest changes to applicable laws.

(b) Failure to make necessary changes and submit a Statement of Assurance reflecting the changes may subject the licensee to administrative penalties and/or sanctions.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 26, 2023.

TRD-202300330

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: March 12, 2023

For further information, please call: (512) 463-7750

SUBCHAPTER G. GENERAL BUSINESS PRACTICES

16 TAC §§84.81 - 84.83

STATUTORY AUTHORITY

The proposed repeals are proposed under Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001, which authorize the Texas Commission of Licensing and Regulation, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

§84.81.Recordkeeping Requirements.

§84.82.Student Enrollment Contracts.

§84.83.Student Complaints.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 26, 2023.

TRD-202300343

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: March 12, 2023

For further information, please call: (512) 463-7750

SUBCHAPTER H. FACILITIES AND EQUIPMENT FOR DRIVER EDUCATION SCHOOLS, DRIVING SAFETY SCHOOLS AND DRUG AND ALCOHOL AWARENESS SCHOOLS

16 TAC §84.90

STATUTORY AUTHORITY

The proposed repeals are proposed under Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001, which authorize the Texas Commission of Licensing and Regulation, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

§84.90.Facilities and Equipment.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 26, 2023.

TRD-202300344

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: March 12, 2023

For further information, please call: (512) 463-7750

SUBCHAPTER H. FACILITIES AND EQUIPMENT FOR DRIVER TRAINING PROVIDERS [~~EDUCATION SCHOOLS, DRIVING SAFETY SCHOOLS AND DRUG AND ALCOHOL AWARENESS SCHOOLS~~]

16 TAC §84.90

STATUTORY AUTHORITY

§84.90.Facilities and Equipment.

(a) Each driver training provider must conduct the department approved course in a facility or facilities approved by the department, if applicable.

(b) An in-person driver training provider must not maintain a classroom facility in a private residence.

(c) The amount of classroom space for any driver training provider must meet the use requirements of the maximum number of current students in class with appropriate seating and writing facilities as necessitated by the activity patterns of the course.

(d) The facilities must meet any state and local ordinances governing housing and safety for the use designated.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 26, 2023.

TRD-202300331

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: March 12, 2023

For further information, please call: (512) 463-7750

SUBCHAPTER I. INSPECTIONS

16 TAC §§84.100, 84.101, 84.103

STATUTORY AUTHORITY

The proposed rules are proposed under Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001, which authorize the Texas Commission of Licensing and Regulation, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

§84.100.Inspections--General.

(a) Driver education providers must [~~shall~~ ] be inspected in accordance with Texas Occupations Code, Chapter 51, and the inspection rules under 16 Texas Administrative Code, Chapter 60, Subchapter H.

(b) A driver education provider must [~~shall~~ ] display a copy of the establishment’s most recent inspection report issued by the department in a common area, lobby or hallway location within the building in which the provider is located and accessible to the public without assistance or permission during all hours in which the provider is in operation.

§84.101.Initial Inspections--Inspection of Driver Education Providers Before Operation.

(a) Any new or relocated driver education provider must be inspected and approved by the department before it may operate. Additionally, a driver education provider that has changed ownership must be inspected and approved by the department, but may continue to operate prior to inspection.

(b) The driver education provider owner must [~~shall~~] request an initial inspection from the department.

(c) Upon receipt of the owner’s request, the department must [~~shall~~] schedule the initial inspection date and notify the owner.

§84.103.[~~AMI~~] Driver Training Provider [~~Education School~~] Audits.

(a) The department [~~If a driver education school is conducting driver education instruction through AMI, department employees~~] may conduct an audit of the courses offered by a driver training provider [~~the school~~]. Audits may be conducted without prior notice to the provider, and department employees and representatives may enroll and attend a course without identifying themselves as employees or representatives of the department.

(b) Department employees and representatives performing an audit may not be required to pay any fee to a provider for enrolling in or attending a course.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 26, 2023.

TRD-202300332

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: March 12, 2023

For further information, please call: (512) 463-7750

SUBCHAPTER J. DRIVER EDUCATION AND DRIVING SAFETY SCHOOL CANCELLATION AND REFUND

16 TAC §84.200

STATUTORY AUTHORITY

The proposed repeals are proposed under Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001, which authorize the Texas Commission of Licensing and Regulation, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

§84.200.Cancellation and Refund Policy.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 26, 2023.

TRD-202300345

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: March 12, 2023

For further information, please call: (512) 463-7750

SUBCHAPTER J. DRIVER TRAINING PROVIDER [~~EDUCATION AND DRIVING SAFETY SCHOOL~~] CANCELLATION AND REFUND

16 TAC §84.200

STATUTORY AUTHORITY

The proposed rules are proposed under Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001, which authorize the Texas Commission of Licensing and Regulation, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

§84.200.Cancellation and Refund Policy.

(a) Driver training provider cancellation and refund policies must be in accordance with the Code and this chapter.

(b) If a student withdraws or is terminated from the course or the provider, a refund must be issued that corresponds to the actual instructional hours not provided.

(c) Written requests for refunds to a driver training provider must be fulfilled within thirty (30) days after the receipt of the request. Proof of completion of refund shall be the refund document or copies of both sides of the canceled check and shall be on file within seventy-five (75) days of the effective date of termination. All refund checks shall identify the student to whom the refund is assigned. In cases where multiple refunds are made using one check, the check shall identify each individual student and the amount to be credited to that student's account.

(d) In reference to §1001.404 of the Code, the annual interest rate on unpaid refunds is set at 10 percent.

(e) In reference to §1001.404 of the Code, a driver training provider is considered to have made a good faith effort to tender a refund if the student file contains sufficient evidence of an attempted refund.

(f) Any funds received from, or on behalf of, a student shall be recorded in a format that is readily accessible to representatives of the department.

(g) Branch providers must use the policies approved for use by the primary provider.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 26, 2023.

TRD-202300333

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: March 12, 2023

For further information, please call: (512) 463-7750

SUBCHAPTER K. FEES

16 TAC §§84.300 - 84.302

STATUTORY AUTHORITY

The proposed repeals are proposed under Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001, which authorize the Texas Commission of Licensing and Regulation, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

§84.300.Driver Education Fees.

§84.301.Driving Safety Fees.

§84.302.Drug and Alcohol Driving Awareness Fees.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 26, 2023.

TRD-202300346

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: March 12, 2023

For further information, please call: (512) 463-7750

16 TAC §84.300, §84.301

STATUTORY AUTHORITY

The proposed rules are proposed under Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001, which authorize the Texas Commission of Licensing and Regulation, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

§84.300.Driver Education Fees.

(a) All fees paid to the department are nonrefundable.

(b) Driver Education Provider Fees:

(1) The initial application fee for a primary in-person driver education provider license is $500.

(2) The initial application fee for a branch in-person driver education provider license is $500.

(3) The initial application fee for an online driver education provider license is $500.

(4) The initial application fee for a parent-taught driver education provider license is $500.

(5) The initial application fee for each driver education provider endorsement is $300.

(6) The renewal application fee for a primary in-person driver education provider license is $100.

(7) The renewal application fee for a branch in-person driver education provider license is $100.

(8) The renewal application fee for an online driver education provider license is $100.

(9) The renewal application fee for a parent-taught driver education provider license is $100.

(10) The fee for a change of the physical address for a driver education primary in-person provider location and branch in-person provider location is $150.

(11) The fee for a change of name of a driver education provider or to change the name of an owner is $50.

(12) If a driver education provider changes ownership as defined under §84.40(d), the fee paid by the new owner is $500 for a primary driver education provider and $500 for a branch driver education provider.

(1) The initial application fee for a driver education instructor license is $50. The fee may not be collected for an applicant who is currently teaching a driver education course in a public school in this state.

(2) The annual renewal application fee for a driver education instructor license is $25.

(3) The national criminal history check fee - The fee in the amount set by and paid to the Texas Department of Public Safety for the cost of fingerprint processing and obtaining national criminal history record information from the Texas Department of Public Safety, its contractors, and the Federal Bureau of Investigation.

(d) Driver Education Certificate of Completion Fees:

(1) The fee for a DE-964 certificate of completion is $1.00.

(2) The fee for a DE-964 certificate of completion number is $1.00.

(3) The fee for an ADE-1317 certificate of completion is $1.00.

(4) The fee for an ADE-1317 certificate of completion number is $1.00.

(e) Other Fees:

(1) A duplicate/replacement fee for any license issued under this chapter is $25.

(2) Late renewal fees for licenses issued under this chapter are provided under §60.83 (relating to Late Renewal Fees).

(3) A dishonored/returned check or payment fee is the fee prescribed under §60.82 (relating to Dishonored Payment Device).

(4) The fee for a criminal history evaluation letter is the fee prescribed under §60.42 (relating to Criminal History Evaluation Letters).

(5) The fee for the Parent-Taught Driver Education Instructor Designation Service Application is $20.

§84.301.Driving Safety Fees.

(a) All fees paid to the department are nonrefundable.

(b) Driving Safety Provider Fees:

(1) The initial application fee for a driving safety provider is $500.

(2) The annual renewal application fee for a driving safety provider is $100.

(3) The fee for a change of address of a driving safety provider is $50.

(4) The fee for a change of name of a driving safety provider or name of owner is $50.

(5) If a driving safety provider changes ownership as defined under §84.60(e), the fee paid by the new owner is $500.

(d) Other Fees:

(1) A duplicate/replacement fee for any license issued under this chapter is $25.

(2) Late renewal fees for licenses issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).

(3) A dishonored/returned check or payment fee is the fee prescribed under §60.82 of this title (relating to Dishonored Payment Device).

(4) The fee for a criminal history evaluation letter is the fee prescribed under §60.42 of this title (relating to Criminal History Evaluation Letters).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 26, 2023.

TRD-202300334

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: March 12, 2023

For further information, please call: (512) 463-7750

SUBCHAPTER L. COMPLAINTS AND ENFORCEMENT PROVISIONS

16 TAC §84.400

STATUTORY AUTHORITY

If a person or entity violates any provision of Texas Education Code, Chapter 1001, Texas Transportation Code, Chapter 521, this chapter, or any rule or order of the executive director or commission, [~~or an executive order issued by the Governor for the State of Texas pursuant to Chapter 418, Texas Government Code,~~] proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of Texas Education Code, Chapter 1001, Texas Occupations Code, Chapter 51, and any associated rules.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 26, 2023.

TRD-202300335

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: March 12, 2023

For further information, please call: (512) 463-7750

SUBCHAPTER M. CURRICULUM AND ALTERNATIVE METHODS OF INSTRUCTION

16 TAC §§84.500 - 84.502, 84.504

STATUTORY AUTHORITY

§84.500.Courses of Instruction for Driver Education Providers [~~Schools~~].

(a) The educational objectives of driver training courses must [~~shall~~] include, but not be limited to, promoting respect for and encouraging observance of traffic laws and traffic safety responsibilities of driver education and citizens; instruction on law enforcement procedures for traffic stops in accordance with provisions of the Community Safety Education Act (Senate Bill 30, 85th Regular Legislature (2017)); reducing traffic violations; reducing traffic-related injuries, deaths, and economic losses; the proper use of child passenger safety seat systems; and motivating development of traffic-related competencies through education, including, but not limited to, Texas traffic laws, risk management, driver attitudes, courtesy skills, and evasive driving techniques.

(b) This subsection contains requirements for driver education courses. All course content and instructional material must [~~shall~~] include current statistical data, references to law, driving procedures, and traffic safety methodology. For each course, curriculum documents and materials may be requested as part of the application for approval. For courses offered in a language other than English, the course materials must [~~shall~~] be accompanied by a written declaration affirming that the translation of the course materials is true and correct in the proposed language presented. Such course materials are subject to the approval of the department prior to its use by a driver education provider [~~school~~].

(1) Minor and adult driver education course.

(A) The driver education classroom phase for students age 14 and over must [~~shall~~] consist of:

(i) a minimum of 32 hours of classroom instruction. The in-car phase must consist of seven hours of behind-the-wheel instruction and seven hours of in-car observation in the presence of a person who holds a driver education instructor license; and

(ii) 30 hours of behind-the-wheel instruction, including at least 10 hours of nighttime instruction, in the presence of an adult who meets the requirements of Texas Transportation Code, §521.222(d)(2). The 30 hours of instruction must be endorsed by a parent or legal guardian if the student is a minor. Simulation hours must [~~shall~~] not be substituted for these 30 hours of instruction. Driver education training endorsed by the parent is limited to one hour per day.

(B) Providers [~~Schools~~] are allowed five minutes of break per instructional hour for all phases. No more than ten minutes of break time may be accumulated for each two hours of instruction.

(C) Driver education course curriculum content, minimum instruction requirements, and administrative guidelines for classroom instruction, in-car training (behind-the-wheel and observation), simulation, and multicar range must [~~shall~~] include the educational objectives established by the department in the POI-DE and meet the requirements of this subchapter. In addition, the educational objectives that must be provided to every student enrolled in a minor and adult driver education course must [~~shall~~] include information relating to human trafficking prevention in accordance with the provisions of the Julia Wells Act (Senate Bill 1831, Section 3, 87th Regular Legislature (2021)); litter prevention; anatomical gifts; safely operating a vehicle near oversize or overweight vehicles; the passing of certain vehicles as described in Transportation Code §545.157; the dangers and consequences of street racing; leaving children in vehicles unattended; distractions; motorcycle awareness; alcohol awareness and the effect of alcohol on the effective operation of a motor vehicle; and recreational water safety.

(D) Driver education providers [~~schools~~] that desire to instruct students age 14 and over in a traditional classroom program must [~~shall~~] provide the same beginning and ending dates for each student in the same class of 36 or less. No student must [~~shall~~] be allowed to enroll and start the classroom phase after the seventh hour of classroom instruction has begun.

(E) Students must [~~shall~~] proceed in the sequence identified by and approved for that driver education provider [~~school~~].

(F) Students must [~~shall~~] receive classroom instruction from an instructor who is approved and licensed by the department. An instructor must [~~shall~~] be in the classroom and available to students during the entire 32 hours of instruction, including self-study assignments. Instructors must [~~shall~~] not have other teaching assignments or administrative duties during the 32 hours of classroom instruction.

(G) Videos, tape recordings, guest speakers, and other instructional media that present concepts required in the POI-DE may be used as part of the required 32 hours of traditional classroom instruction.

(H) Self-study assignments occurring during regularly scheduled class periods must [~~shall~~] not exceed 25 percent of the course and must [~~shall~~] be presented to the entire class simultaneously.

(I) Each classroom student must [~~shall~~] be provided a driver education textbook designated by the commissioner or access to instructional materials that are in compliance with the POI-DE approved for the school. Instructional materials, including textbooks, must be in a condition that is legible and free of obscenities.

(J) A copy of the current edition of the "Texas Driver Handbook" or instructional materials that are equivalent must [~~shall~~] be furnished to each student enrolled in the classroom phase of the driver education course.

(K) Each student, including makeup students, must [~~shall~~] be provided their own seat and table or desk while receiving classroom instruction. A provider must [~~school shall~~] not enroll more than thirty-six (36) students, excluding makeup students, and the number of students may not exceed the number of seats and tables or desks available at the provider's location [~~school~~].

(L) When a student changes providers [~~schools~~ ], the provider [~~school~~] must follow the current transfer policy developed by the department.

(M) All classroom phases of driver education, including makeup work, must [~~shall~~] be completed within the timelines stated in the original student contract. This must [~~shall~~] not circumvent the attendance and progress requirements.

(N) All in-car lessons must [~~shall~~] consist of actual driving instruction. No provider must [~~school shall~~] permit a ratio of more than four students per instructor or exceed the seating and occupant restraint capacity of the vehicle used for instruction. Providers [~~Schools~~] that allow one-on-one instruction shall notify the parents in the contract.

(O) A student must have a valid driver's license or learner license in his or her possession during any behind-the-wheel instruction.

(P) All in-car instruction provided by the provider must [~~school shall~~] begin no earlier than 5:00 a.m. and end no later than 11:00 p.m.

(Q) A provider [~~school~~] may use multimedia systems, simulators, and multicar driving ranges for in-car instruction in a driver education program. Each simulator, including the filmed instructional programs, and each plan for a multicar driving range must meet state specification developed by DPS and the department. A licensed driver education instructor must be present during use of multimedia systems, simulators, and multicar driving ranges.

(R) Four periods of at least 55 minutes per hour of instruction in a simulator may be substituted for one hour of behind-the-wheel instruction and one hour of in-car observation. Two periods of at least 55 minutes per hour of multicar driving range instruction may be substituted for one hour of behind-the-wheel instruction and one hour of in-car observation relating to elementary or city driving lessons. However, a minimum of four hours must be devoted to actual behind-the-wheel instruction.

(S) In a minor and adult driver education program, a student may apply to the DPS for a learner license after completing the objectives found in Module One: Traffic Laws of the POI-DE.

(T) Each provider [~~school~~] owner that teaches driver education courses must [~~shall~~] collect adequate student data to enable the department to evaluate the overall effectiveness of the driver education course in reducing the number of violations and accidents of persons who successfully complete the course. The department may determine a level of effectiveness that serves the purposes of the Code.

(U) The instructor must [~~shall~~] be physically present in appropriate proximity to the student for the type of instruction being given. A driver education instructor, [~~licensed supervising teacher, licensed driver education teacher~~] or provider [~~school~~] owner must [~~shall~~ ] sign or stamp all completed classroom instruction records.

(2) Driver education course exclusively for adults. Courses offered in a traditional classroom setting or online to persons who are age 18 to under 25 years of age for the education and examination requirements for the issuance of a driver's license under Texas Transportation Code, §521.222(c) and §521.1601, must be offered in accordance with the following guidelines.

(A) Traditional approval process. The department may approve a driver education course exclusively for adults to be offered traditionally if the course meets the following requirements.

(i) Application. The driver education provider must [~~school shall~~] submit a completed application along with the appropriate fee.

(ii) Instructor license required. Students must [~~shall~~] receive classroom instruction from a licensed [~~supervising teacher or~~] driver education instructor [~~teacher~~].

(iii) Minimum course content. The driver education course exclusively for adults must [~~shall~~] consist of six clock hours of classroom instruction that meets the minimum course content and instruction requirements contained in the POI-Adult Six-Hour.

(iv) Course management. An approved adult driver education course must [~~shall~~] be presented in compliance with the following guidelines.

(I) The instructor must [~~shall~~] be physically present in appropriate proximity to the student for the type of instruction being given. A licensed driver education instructor, [~~supervising teacher, licensed driver education teacher~~] or provider [~~school~~] owner must [~~shall~~] sign or stamp all completed classroom instruction records.

(II) A copy of the current edition of the "Texas Driver Handbook" or study material that is equivalent must [~~shall~~ ] be furnished to each student enrolled in the course.

(III) Self-study assignments, videos, tape recordings, guest speakers, and other instructional media that present topics required in the course must [~~shall~~] not exceed 150 minutes of instruction. [~~PowerPoint slides or equivalent software solutions are considered to be approved teaching aids and does not fall into the restricted media aids.~~]

(IV) Each student, including makeup students, must [~~shall~~] be provided their own seat and table or desk while receiving classroom instruction. A provider must [~~school shall~~] not enroll more than 36 students, excluding makeup students, and the number of students may not exceed the number of seats and tables or desks available at the provider's location [~~school~~].

(V) All classroom instruction, including makeup work, must [~~shall~~] be completed within the timelines stated in the original student contract.

(VI) A minimum of 330 minutes of instruction is required.

(VII) The total length of the course must [~~shall~~] consist of a minimum of 360 minutes.

(VIII) Thirty minutes of time, exclusive of the 330 minutes of instruction, must [~~shall~~] be dedicated to break periods or to the topics included in the minimum course content.

(IX) Students must [~~shall~~] not receive a driver education certificate of completion unless that student receives a grade of at least 70 percent on the highway signs examination and at least 70 percent on the traffic laws examination as required under Texas Transportation Code, §521.161.

(X) The driver education provider must [~~school shall~~] make a material effort to establish the identity of the student.

(B) Online approval process. The department may approve a driver education course exclusively for adults to be offered online if the course meets the following requirements.

(i) Application. The applicant for an online driver education provider license must [~~school shall~~] submit a completed application along with the appropriate fee.

(ii) Request for approval. The request for approval must include a syllabus cross-reference, contract, and instructional records.

(iii) Online Provider [~~School~~] license required. A person or entity offering an online driver education course exclusively for adults must hold an online [a] driver education provider [~~school~~] license.

(I) The online driver education provider must [~~school shall~~] be responsible for the operation of the online course.

(II) Students must [~~shall~~] receive classroom instruction from a licensed driver education instructor. [~~supervising teacher or driver education teacher.~~]

(iv) Course content. The online course must meet the requirements of the course identified in §1001.1015 of the Code.

(I) Course topics. The course requirements described in the POI-Adult Six-Hour must [~~shall~~] be met.

(II) Length of course. The course must be six hours in length, which is equal to 360 minutes. A minimum of 330 minutes of instruction must be provided. Thirty minutes of time, exclusive of the 330 minutes of instruction, must [~~shall~~] be dedicated to break periods or to the topics included in the minimum course content. All break periods must [~~shall~~] be provided after instruction has begun and before the comprehensive examination and summation.

(III) Required material. A copy of the current edition of the "Texas Driver Handbook" or study material that is equivalent must [~~shall~~] be furnished to each student enrolled in the course.

(IV) Editing. The material presented in the online course must [~~shall~~] be edited for grammar, punctuation, and spelling and be of such quality that it does not detract from the subject matter.

(V) Irrelevant material. Advertisement of goods and services, and distracting material not related to driver education must [~~shall~~] not appear during the actual instructional times of the course. [~~Distracting material that is not related to the topic being presented shall not appear during the actual instructional times of the course.~~]

(VI) Minimum content. The online course must [~~shall~~] present sufficient content so that it would take a student 360 minutes to complete the course. In order to demonstrate that the online course contains sufficient minutes of instruction, the online course must [~~shall~~] use the following methods.

(-a-) Word count. For written material that is read by the student, the course must [~~shall~~] contain the total number of words in the written sections of the course. This word count must [~~shall~~] be divided by 180, the average number of words that a typical student reads per minute. The result is the time associated with the written material for the sections.

(-b-) Multimedia presentations. For multimedia presentation, the online course must [~~shall~~] calculate the total amount of time it takes for all multimedia presentations to play, not to exceed 150 minutes.

(-c-) Charts and graphs. The online course may assign one minute for each chart or graph.

(-d-) Time allotment for questions. The online course may allocate up to 90 seconds for questions presented over the Internet and 90 seconds for questions presented by telephone.

(-e-) Total time calculation. If the sum of the time associated with the written course material, the total amount of time for all multimedia presentations, and the time associated with all charts and graphs equals or exceeds 330 minutes, the online course has demonstrated the required amount of minimum content.

(-f-) Alternate time calculation method. In lieu of the time calculation method, the online course may submit alternate methodology to demonstrate that the online course meets the 330-minute requirement.

(v) Personal validation. The online course must [~~shall~~] maintain a method to validate the identity of the person taking the course. The personal validation system must [~~shall~~ ] incorporate one of the following requirements.

(I) Provider [~~School~~]-initiated method. Upon approval by the department, the online course may use a method that includes testing and security measures that validate the identity of the person taking the course. The method must meet the following criteria.

(-a-) Time to respond. The student must correctly answer a personal validation question within 90 seconds.

(-b-) Placement of questions. At least two personal validation questions must [~~shall~~] appear randomly during each instructional hour, not including the final examination.

(-c-) Exclusion from the course. The online course must [~~shall~~] exclude the student from the course after the student has incorrectly answered more than 30 percent of the personal validation questions.

(-d-) Correction of answer. The online course may correct an answer to a personal validation question for a student who inadvertently missed a personal validation question. In such a case, the student record must [~~shall~~] include a record of both answers and an explanation of the reasons why the answer was corrected.

(II) Third party data method. The online course must [~~shall~~] ask a minimum of twelve (12) personal validation questions randomly throughout the course from a bank of at least twenty (20) questions drawn from a third party data source. The method must meet the following criteria.

(-a-) Time to respond. The student must correctly answer a personal validation question within 90 seconds.

(-b-) Placement of questions. At least two personal validation questions must [~~shall~~] appear randomly during each instructional hour, not including the final examination.

(vi) Content validation. The online course must [~~shall~~] incorporate a course content validation process that verifies student participation and comprehension of course material, including the following.

(I) Timers. The online course must [~~shall~~] include built-in timers to ensure that 330 minutes of instruction have been attended and completed by the student.

(II) Testing the student's participation in multimedia presentations. The online course must [~~shall~~] ask at least one course validation question following each multimedia clip of more than 180 seconds.

(-a-) Test bank. For each multimedia presentation that exceeds 180 seconds, the online course must [~~shall~~] have a test bank of at least four questions.

(-b-) Question difficulty. The question shall be short answer, multiple choice, essay, or a combination of these forms. The question must [~~shall~~] be difficult enough that the answer may not be easily determined without having viewed the actual multimedia clip.

(-c-) Failure criteria. If the student fails to answer the question correctly, the online course must require the student to view the multimedia clip again. The online course must [~~shall~~] then present a different question from its test bank for that multimedia clip. The online course may not repeat a question until it has asked all the questions from its test bank.

(-d-) Answer identification. The online course must [~~shall~~] not identify the correct answer to the multimedia question.

(III) Course participation questions. The online course must [~~shall~~] test the student's course participation by asking at least two questions each from Chapter Four, Topics Two through Eight in the POI-Adult Six Hour.

(-a-) Test bank. The test bank for course participation questions must [~~shall~~] include at least ten questions each from Chapter Four, Topics Two through Eight in the POI-Adult Six-Hour.

(-b-) Placement of questions. The course participation questions must [~~shall~~] be asked at the end of the major unit or section in which the topic is covered.

(-c-) Question difficulty. Course participation questions must [~~shall~~] be of such difficulty that the answer may not be easily determined without having participated in the actual instruction.

(IV) Comprehension of course content. The online course must [~~shall~~] test the student's mastery of the course content by administering at least 30 questions covering the highway signs and traffic laws required under Texas Transportation Code, §521.161.

(-a-) Test banks (two). Separate test banks for course content mastery questions are required for the highway signs and traffic laws examination as required under Texas Transportation Code, §521.161, with examination questions drawn equally from each.

(-b-) Placement of questions. The mastery of course content questions must [~~shall~~] be asked at the end of the course (comprehensive final examination).

(-c-) Question difficulty. Course content mastery questions must [~~shall~~] be of such difficulty that the answer may not be easily determined without having participated in the actual instruction.

(vii) Retest the student. If the student misses more than 30 percent of the questions asked on an examination, the online course must [~~shall~~] retest the student using different questions from its test bank. The student is not required to repeat the course, but may be allowed to review the course prior to retaking the examination. If the student fails the comprehensive final examination three times, the student fails [~~shall fail~~] the course.

(viii) Student records. The online course must [~~shall~~] provide for the creation and maintenance of the records documenting student enrollment, the verification of the student's identity, and the testing of the student's mastery of the course material. The provider must [~~school shall also~~] ensure that the student record is readily, securely, and reliably available for inspection by a department representative. The student records must [~~shall~~] contain the following information:

(I) the student's first, middle, and last name;

(II) the student's date of birth and gender;

(III) a record of all questions asked and the student's responses;

(IV) the name or identity number of the staff member entering comments, retesting, or revalidating the student;

(V) both answers and a reasonable explanation for the change if any answer to a question is changed by the provider [~~school~~] for a student who inadvertently missed a question; and

(VI) a record of the time the student spent in each unit and the total instructional time the student spent in the course.

(ix) Waiver of certain education and examination requirements. A licensed driver education instructor must determine that the student has successfully completed and passed a driver education course exclusively for adults prior to waiving the examination requirements of the highway sign and traffic law parts of the examination required under Texas Transportation Code, §521.161, and signing the ADE-1317 driver education completion certificate.

(x) Age requirement. A person must be at least 18 years of age to enroll in a driver education course exclusively for adults.

(xi) Issuance of certificate. Not later than the 15th working day after the course completion date, the provider must [~~school shall~~] issue an ADE-1317 driver education certificate only to a person who successfully completes an approved online driver education course exclusively for adults.

(xii) Access to instructor and technical assistance. The provider [~~school~~] must establish hours that the student may access an [~~the~~] instructor trained in the adult driver education curriculum, and for technical assistance. With the exception of circumstances beyond the control of the provider [~~school~~], the student must [~~shall~~] have access to the instructor and technical assistance during the specified hours.

(xiii) Additional requirements for online courses. Courses delivered via the Internet or technology must [~~shall~~ ] also comply with the following requirements.

(I) Re-entry into the course. An online course may allow the student re-entry into the course by username and password authentication or other means that are as secure as username and password authentication.

(II) Navigation. The student must [~~shall~~] be provided orientation training to ensure easy and logical navigation through the course. The student must [~~shall~~] be allowed to freely browse previously completed material.

(III) Audio-visual standards. The video and audio must [~~shall~~] be clear and, when applicable, the video and audio must [~~shall~~] be synchronized.

(IV) Course identification. All online courses must [~~shall~~] display the driver education provider [~~school~~ ] name and license number assigned by the department on the entity's website and the registration page used by the student to pay any monies, provide any personal information, and enroll.

(V) Domain names. Each provider [~~school~~] offering an online course must offer that online course from a single domain.

(VI) A driver education provider [~~school~~] offering an online course may accept students redirected from a website as long as the student is redirected to the webpage that clearly identifies the name and license number of the provider [~~school~~] offering the online course. This information must [~~shall~~] be visible before and during the student registration and course payment processes.

(3) Compliance with Texas Transportation Code, §521.1601. Persons age 18 to under 25 years of age must successfully complete either a minor and adult driver education course or the driver education course exclusively for adults. Partial completion of either course does not satisfy the requirements of rule or law.

(4) Issuance of certificate. A licensed provider [~~school~~] or instructor may not issue an ADE-1317 adult driver education certificate to a person who is not at least 18 years of age.

[(c) This subsection contains requirements for driver education instructor development courses. For each course, the following curriculum documents and materials are required to be submitted as part of the application for approval. If the course meets the minimum requirements set forth in this subchapter, including current reference to the law, driving procedures, current instructor application and renewal processes, then the department may grant an approval. Schools desiring to provide driver education instructor development courses shall provide an application for approval that shall be in compliance with this section.]

[(1) Schools desiring to obtain approval for a driver education instructor development course shall request an application for approval from the department. All instructor development curricula submitted for approval shall meet or exceed the requirements set forth for approved programs offered at colleges, universities, school districts, or educational service centers and shall be specific to the area of specialization. Guidelines and criteria for the course shall be provided with the application packet, and the school shall meet or exceed the criteria outlined.]

[(A) Six-semester-hour instructor development course. The driver education instructor development program instructional objectives must be equivalent to six semester hours or 90 clock hours of driver and traffic safety education instructor training and shall include:]

[(i) Driver Education I--minimum of 45 clock hours. Instructional objectives: the trainee shall acquire the knowledge, skills, and understanding to instruct students in the reduced-risk driving practices in the Highway Transportation System (HTS) in accordance with the standards for minor and adult driver education and traffic safety. Instruction shall address the following topics:]

~~[(I) overview of Driver Education I;]~~

~~[(II) minor and adult driver education curriculum overview and course goals;]~~

~~[(III) school and instructor liability and responsibility;]~~

~~[(IV) student evaluation and assessment;]~~

~~[(V) instructor conduct, including professionalism and public relations;]~~

~~[(VI) rules, codes, and standards for driver education programs; and]~~

~~[(VII) classroom progress examination for Driver Education I.]~~

[(ii) Driver Education II--minimum of 45 clock hours. Instructional objectives: the trainee shall acquire the knowledge, skills, and understanding to instruct students in the reduced-risk driving practices in the HTS in accordance with the standards for minor and adult driver education and traffic safety for in-car instruction. Instruction shall address the following topics:]

~~[(I) overview of Driver Education II;]~~

~~[(II) minor and adult driver education in-car curriculum overview;]~~

~~[(III) commentary driving techniques;]~~

~~[(IV) factors that influence learning and habit formation;]~~

~~[(V) in-car lesson planning, including scheduling and designing;]~~

~~[(VI) vocabulary and communication;]~~

~~[(VII) risk management;]~~

~~[(VIII) general guidelines for conducting behind-the-wheel and in-car observation;]~~

~~[(IX) in-car debriefing techniques;]~~

~~[(X) proper record keeping and maintenance;]~~

~~[(XI) classroom progress examination for Driver Education II; and]~~

~~[(XII) in-car laboratory, including:]~~

~~[(-a-) initial assessment of trainee's driving skills by instructor trainer;]~~

~~[(-b-) observation of in-car teaching techniques as given by a licensed instructor;]~~

~~[(-c-) practice of instructor risk-management and emergency procedures, including taking control of the vehicle under the supervision and observation of a licensed instructor;]~~

~~[(-d-) in-car trainee student teaching under the supervision and observation of a licensed instructor; and]~~

~~[(-e-) trainee in-car student teaching final progress assessment under the supervision and observation of a licensed instructor.]~~

[(B) Nine-semester-hour instructor development course. The driver education instructor development program instructional objectives must be equivalent to nine semester hours or 135 clock hours of driver and traffic safety education instructor training and shall include:]

~~[(i) all requirements set forth in subparagraph (A); and]~~

[(ii) Driver Education III--minimum of 45 clock hours. Instructional objectives: the trainee shall acquire the knowledge, skills, and understanding to instruct students in the reduced-risk driving practices in the HTS in accordance with the standards for minor and adult driver education and traffic safety for classroom instruction. Instruction shall address the following topics:]

~~[(I) overview of Driver Education III;]~~

~~[(II) classroom delivery, including the Code, rules, standards, and school administrative procedures;]~~

~~[(III) student learning styles;]~~

~~[(IV) classroom management and student discipline;]~~

~~[(V) classroom lesson planning and designing;]~~

~~[(VI) scheduling driver education programs;]~~

~~[(VII) proper record keeping and maintenance;]~~

~~[(VIII) simulation theory and multicar range instruction;]~~

~~[(IX) instructor professional growth;]~~

~~[(X) classroom progress examination for Driver Education III; and]~~

~~[(XI) classroom laboratory, including:]~~

~~[(-a-) observation of classroom teaching techniques as given by a licensed instructor; and]~~

~~[(-b-) classroom practice student teaching under the supervision and observation of a licensed instructor.]~~

[(C) Supervising instructor development course. The supervising driver education instructor development program instructional objectives must be equivalent to six semester hours or 90 clock hours of driver and traffic safety education instructor training and shall include:]

~~[(i) training in administering driver education programs and supervising and administering traffic safety education;]~~

[(ii) Supervising Instructor I--minimum of 45 clock hours. Instructional objectives: the instructor shall acquire the knowledge, skills, and understanding to instruct trainees in the reduced-risk driving practices in the HTS in accordance with the standards for minor and adult driver education and traffic safety. Instruction shall address the following topics:]

~~[(I) overview of Supervising Instructor I;]~~

~~[(II) minor and adult driver education curriculum overview and course goals;]~~

~~[(III) rules, codes, and standards for driver education programs;]~~

~~[(IV) learning styles;]~~

~~[(V) factors that influence learning and habit formation;]~~

~~[(VI) vocabulary and communication;]~~

~~[(VII) lesson plan development;]~~

~~[(VIII) classroom management and student discipline; and]~~

~~[(IX) classroom progress examination for Supervising Instructor I.]~~

[~~(iii)~~ Supervising Instructor II--minimum of 45 clock hours. Instructional objectives: the instructor shall acquire the knowledge, skills, and understanding to instruct trainees in the reduced-risk driving practices in the HTS in accordance with the standards for minor and adult driver education and traffic safety. Instruction must shall address the following topics:]

~~[(I) overview of Supervising Instructor II;]~~

~~[(II) student evaluation and assessment;]~~

~~[(III) commentary driving techniques;]~~

~~[(IV) in-car debriefing techniques;]~~

~~[(V) scheduling driver education programs;]~~

~~[(VI) proper record keeping and maintenance;]~~

~~[(VII) school and instructor liability and responsibility;]~~

~~[(VIII) instructor conduct, including professionalism and public relations;]~~

~~[(IX) risk management;]~~

~~[(X) simulation theory and multicar range;]~~

~~[(XI) professional growth;]~~

~~[(XII) classroom progress examination for Supervising Instructor II; and]~~

~~[(XIII) classroom laboratory, including:]~~

~~[(-a-) observation of nine-semester-hour driver education instructor development course classroom teaching techniques as given by a licensed instructor; and]~~

~~[(-b-) classroom practice student teaching of a nine-semester-hour driver education instructor development course under the supervision and observation of a licensed instructor.]~~

[(2) Prior to enrolling as a trainee in a driver education instructor development course, the school owner or representative must obtain proof that the enrollee has a high school diploma or equivalent. A copy of the evidence must be placed on file with the school. Further, the school shall obtain and evaluate the current official driving record from the enrollee for the preceding 36-month period prior to enrollment. The school must use the standards set forth in §84.50(b)(3) when determining the qualifications for a trainee's enrollment.]

[(3) Instruction records shall be maintained by the school for each instructor trainee and shall be available for inspection by authorized department representatives at any time during the training period and/or for license investigation purposes. The instruction record shall include the trainee's name, address, driver's license number, and other pertinent data; name and instructor license number of the person conducting the training; and dates of instruction, lesson time, and subject taught during each instruction period. Each record shall also include grades or other means of indicating the trainee's aptitude and development. Upon satisfactory completion of the training course, the supervising teacher conducting the training will certify one copy of the instruction record for attachment to the trainee's application for licensing, and one copy will be maintained in a permanent file at the school.]

~~[(4) All instructor trainee instruction records submitted for the approved instructor development courses shall be original documents.]~~

[(5) A licensed supervising teacher shall teach the instructor development courses. The supervising teacher may allow a driver education teacher, or teaching assistant to provide training under the direction of the supervising teacher in areas appropriate for their level of certification and/or licensure.]

~~[(6) The supervising teacher is responsible for certifying all independent study and research assignments that shall not exceed 25 percent of the total training program time]~~

~~[(d) This subsection contains requirements for driver education continuing education courses.]~~

[(1) Driver education school] owners may receive an approval for a four-hour continuing education course and provide the approved course to instructors to ensure that instructors meet the requirements for continuing education.]

~~[(2) The request for course approval shall contain the following:]~~

~~[(A) a description of the plan by which the course will be presented;]~~

~~[(B) the subject of each unit;]~~

~~[(C) the educational objectives of each unit;]~~

~~[(D) time to be dedicated to each unit;]~~

~~[(E) instructional resources for each unit, including names or titles of presenters and facilitators; and]~~

~~[(F) a plan by which the school owner will monitor and ensure attendance and completion of the course by the instructions within the guidelines set forth in the course.]~~

~~[(3) A continuing education course may be approved if the department determines that:]~~

~~[(A) the course constitutes an organized program of learning that enhances the instructional skills, methods, or knowledge of a licensed driver education instructor;]~~

~~[(B) the course pertains to subject matters that relate directly to the practice of driver education instruction, instruction techniques, or driver education-related subjects; and]~~

[(C) the entire course shall be taught by individuals with recognized experience or expertise in the area of driver education or related subjects. The department may request evidence of the individuals' experience or expertise.]

[(4) Driver education school owners may not offer the same continuing education course to instructors each year. In order to continue to offer a course, a new or revised continuing education course shall be submitted to the department for approval.]

~~[(e) A branch school may offer only a course that is approved for the primary school.]~~

[(f) Schools applying for approval of additional courses after the original approval has been granted shall submit the documents designated by the department with the appropriate fee. Courses shall be approved before soliciting students, advertising, or conducting classes. An approval for an additional course shall not be granted if the school's compliance is in question at the time of application.]

[(g) If an approved course is discontinued, the department shall be notified within five days of discontinuance and furnished with the names and addresses of any students who could not complete the course because it was discontinued. If the school does not make arrangements satisfactory to the students and the department for the completion of the courses, the full amount of all tuition and fees paid by the students are due and refundable. If arrangements are not made satisfactory to the students and the department, the refunds must be made no later than thirty (30) days after the course was discontinued. Any course discontinued shall be removed from the school's approval.]

[(h) If, upon review and consideration of an original, renewal, or amended application for course approval, the department determines that the applicant does not meet the legal requirements, the department shall notify the applicant, setting forth the reasons for denial in writing.]

~~[(i) The department may revoke approval of a school's courses under certain circumstances, including, but not limited to, the following.]~~

~~[(1) Information contained in the application for the course approval is found to be untrue.]~~

~~[(2) The school has failed to maintain the instructors, facilities, equipment, or courses of study on the basis of which approval was issued.]~~

~~[(3) The school offers a course which has not been approved or for which there are no instructors or equipment.]~~

~~[(4) The school has been found to be in violation of TEC, Chapter 1001, and/or this chapter.]~~

§84.501.Driver Education Course Alternative Method of Instruction.

(a) Approval process. The department may approve an alternative method whereby a driver education provider [~~school~~ ] is approved to teach all or part of the classroom portion of a driver education course by an alternative method of instruction (AMI) that does not require students to be physically present in a classroom that meets the following requirements.

(1) Standards for approval. The department may approve a driver education provider [~~school~~] to teach all or part of the classroom portion of a driver education course by an AMI that does not require students to be present in a classroom only if:

(A) the AMI includes testing and security measures that the department determines are at least as secure as the measures available in the usual classroom setting;

(B) the course satisfies any other requirement applicable to a course in which the classroom portion is taught to students in the usual classroom setting;

(D) the AMI instructional activities are integral to the academic program; and

(E) extensive communication between a student and instructor and among students is emphasized.

(2) Application. The provider must [~~school shall~~] submit a completed AMI application along with the appropriate fee. The application for AMI approval must [~~shall~~] be treated the same as an application for the approval of a driver education traditional course, and the AMI must deliver the curriculum as aligned with POI-DE.

(3) Provider [~~School~~] license required. A person or entity offering a classroom driver education course to Texas students by an AMI must hold a driver education provider [~~school~~] license. The driver education provider [~~school~~] is responsible for the operation of the AMI.

(b) Course content. The AMI must deliver the same topics, sequence, and course content as the provider's [~~school's~~] approved traditional driver education course as established by the department in the POI-DE.

(1) Course topics. The time requirements for the course content described in §84.500(b)(1)(C) shall be met.

(2) Editing. The material presented in the AMI must [~~shall~~] be edited for grammar, punctuation, and spelling and be of such quality that it does not detract from the subject matter.

(3) Irrelevant material. Advertisement of goods and services must [~~shall~~] not appear during the actual instructional times of the course. Distracting material that is not related to the topic being presented must [~~shall~~] not appear during the actual instructional times of the course.

(4) Student breaks. The AMI is allowed five minutes of break per instructional hour for all phases, for a total of 160 minutes of break time. No more than ten minutes of break time may be accumulated for each two hours of instruction.

(5) Minimum content. The AMI shall present sufficient instructional content so that it would take a student a minimum of 32 hours (1,920 minutes) to complete the course. A course that demonstrates that it contains 1,760 minutes of instructional content shall mandate that students take 160 minutes of break time or provide additional educational content for a total of 1,920 minutes (32 hours). In order to demonstrate that the AMI contains sufficient content, the AMI must [~~shall~~] use the following methods.

(A) Word count. For written material that is read by the student, the total number of words in the written sections of the course must [~~shall~~] be divided by 180. The result is the time associated with the written material for the sections.

(B) Multimedia presentations. There shall be a minimum of 120 minutes of multimedia presentation. The provider [~~school~~] owner must [~~shall~~] calculate the total amount of time it takes for all multimedia presentations to play, not to exceed 640 minutes.

(D) Examinations. The provider [~~school~~] owner may allocate up to 90 seconds for questions presented over the Internet and 90 seconds for questions presented by telephone.

(E) Total time calculation. If the sum of the time associated with the written course material, the total amount of time for all multimedia presentations, and the time associated with all charts, graphs, and breaks equals or exceeds the minimum 1,920 minutes, the AMI has demonstrated the required amount of content.

(F) Alternate time calculation method. In lieu of the time calculation method, the AMI may submit alternate methodology to demonstrate that the AMI meets the minimum 32-hour requirement.

(6) Academic integrity. The academic integrity of the AMI for a classroom driver education course must [~~shall~~] include:

(A) goals and objectives that are measurable and clearly state what the participants should know or be able to do at the end of the course;

(B) a clear, complete driver education classroom course overview and syllabus;

(D) literacy and communication skills that are incorporated and taught as an integral part of the AMI;

(E) sufficient learning resources and materials to increase student success available to students before the AMI begins;

(F) instruction requirements that are consistent with course goals, representative of the scope of the course, and clearly stated;

(G) communication processes that are provided to students, parents, and mentors on how to communicate with the provider [~~school~~] and instructor, including information on the process for these communications and for timely and frequent feedback about student progress;

(H) information addressing issues associated with the use of copyrighted materials; and

(I) if online, clearly stated academic integrity and Internet etiquette expectations regarding lesson activities, discussions, e-mail communications, and plagiarism.

(7) Instructional design. Instructional design of AMI for classroom driver education must [~~shall~~]:

(A) include a clear understanding of student needs and incorporate varied ways to learn and multiple levels of mastery of the curriculum;

(B) ensure each lesson includes a lesson overview, objectives, resources, content and activities, assignments, and assessments to provide multiple learning opportunities for students to master the content;

(D) include activities that engage students in active learning;

(E) include the instructor engaging students in learning activities that address a variety of learning styles and preferences to master course content;

(F) include instruction that provides opportunities for students to engage in higher-order thinking, critical-reasoning activities, and thinking in increasingly complex ways;

(G) include a statement that notifies the student of the provider [~~school~~] owner's security and privacy policy regarding student data, including personal and financial data; and

(H) include assessment and assignment answers and explanations.

(c) Personal validation. The AMI must [~~shall~~ ] maintain a method to validate the identity of the person taking the course. The personal validation system must [~~shall~~] incorporate one of the following requirements.

(1) Provider-[~~School~~] initiated method. Upon approval by the department, the AMI may use a method that includes testing and security measures that are at least as secure as the methods available in the traditional classroom setting.

(A) Time to respond. The student must correctly answer the personal validation question within 90 seconds for questions presented over the Internet and 90 seconds for questions presented by telephone.

(B) Placement of questions. At least one personal validation question must [~~shall~~] appear in each major unit or section, not including the final examination.

(C) Exclusion from the course. The AMI must [~~shall~~] exclude the student from the course after the student has incorrectly answered more than 30 percent of the personal validation questions.

(D) Correction of answer. The provider [~~school~~ ] may correct an answer to a personal validation question for a student who inadvertently missed a personal validation question. In such a case, the student record must [~~shall~~] include a record of both answers and an explanation of the reasons why the answer was corrected.

(2) Third party data method. The online course must [~~shall~~] ask a minimum of 60 personal validation questions randomly throughout the course from a bank of at least 200 questions drawn from a third party data source.

(B) Placement of questions. At least one personal validation question must [~~shall~~] appear in each major unit or section, not including the final examination.

(C) Exclusion from the course. The AMI must [~~shall~~] exclude the student from the course after the student has incorrectly answered more than 30 percent of the personal validation questions.

(d) Content validation. The AMI must [~~shall~~ ] incorporate a course content validation process that verifies student participation and comprehension of course material, including the following.

(1) Timers. The AMI must [~~shall~~] include built-in timers to ensure that 1,920 minutes of instruction have been attended and completed by the student.

(2) Testing the student's participation in multimedia presentations. The AMI must [~~shall~~] ask at least one course validation question following each multimedia clip of more than 180 seconds.

(A) Test bank. For each multimedia presentation that exceeds 180 seconds, the AMI must [~~shall~~] have a test bank of at least four questions.

(B) Question difficulty. The question must [~~shall~~] be short answer, multiple choice, essay, or a combination of these forms. The question must [~~shall~~] be difficult enough that the answer may not be easily determined without having viewed the actual multimedia clip.

(C) Failure criteria. If the student fails to answer the question correctly, the AMI must [~~shall~~] either require the student to view the multimedia clip again or the AMI fails [~~shall fail~~] the student from the course. If the AMI requires the student to view the multimedia clip again, the AMI must [~~shall~~] present a different question from its test bank for that multimedia clip. The AMI may not repeat a question until it has asked all the questions from its test bank.

(D) Answer identification. The AMI must [~~shall~~ ] not identify the correct answer to the multimedia question.

(3) Mastery of course content. The AMI must [~~shall~~] test the student's mastery of the course content by asking questions from each of the modules listed in the program of organized instruction for driver education and traffic safety.

(A) Test bank. The test bank for course content mastery questions must [~~shall~~] include at least:

(i) 20 questions each from modules 1 and 8 listed in the POI-DE; and

(ii) 10 questions each from the remaining modules.

(B) Placement of questions. The mastery of course content questions must [~~shall~~] be asked at the end of each module.

(C) Question difficulty. Course content mastery questions must [~~shall~~] be of such difficulty that the answer may not be easily determined without having participated in the actual instruction.

(4) Repeat and retest options. The AMI may use the following options for students who fail an examination to show mastery of course content.

(A) Repeat the failed module. If the student misses more than 30 percent of the questions asked on a module examination, the AMI must [~~shall~~] require that the student take the module again. The correct answer to missed questions may not be disclosed to the student (except as part of course content). At the end of the module, the AMI must [~~shall~~] again test the student's mastery of the material. The AMI must [~~shall~~] present different questions from its test bank until all the applicable questions have been asked. The student may repeat this procedure an unlimited number of times.

(B) Retest the final examination. If the student misses more than 30 percent of the questions asked on the final examination, the AMI must [~~shall~~] retest the student in the same manner as the failed examination, using different questions from its test bank. If the student fails the same unit examination or the comprehensive final examination three times, the student fails [~~shall fail~~] the course.

(e) Student records. The AMI must [~~shall~~] provide for the creation and maintenance of the records documenting student enrollment, the verification of the student's identity, and the testing of the student's mastery of the course material. The provider must [~~school shall~~] ensure that the student record is readily, securely, and reliably available for inspection by a department-authorized representative. The student records must [~~shall~~] contain all information required in §84.81 (relating to Recordkeeping Requirements) and the following information.

(1) A record of all questions asked and the student's responses.

(2) The name or identity number of the staff member entering comments or revalidating the student.

(3) The name or identity number of the staff member retesting the student.

(4) If any answer to a question is changed by the provider [~~school~~] for a student who inadvertently missed a question, the provider must [~~school shall~~] provide both answers and a reasonable explanation for the change.

(5) A record of the time the student spent in each unit of the AMI and the total instructional time the student spent in the course.

(f) Additional requirements for AMI courses. Courses delivered via the Internet or technology must [~~shall~~] also comply with the following requirements.

(1) Course identification. All AMI courses must [~~shall~~] display the driver education provider [~~school~~ ] name and license number assigned by the department on the entity's website and the registration page used by the student to pay any monies, provide any personal information, and enroll.

(2) A driver education provider [~~school~~] offering an AMI course may accept students redirected from another website if [~~as long as~~] the student is redirected to the webpage that clearly identifies the name and license number of the provider [~~school~~] offering the AMI course. This information must [~~shall~~] be visible before and during the student registration and course payment processes.

(g) Additional requirements for video courses.

(1) Delivery of the material. For AMIs delivered using [~~by the use of~~] videotape, digital video disc (DVD), film, or similar media, the equipment and course materials may only be made available through a process that is approved by the department.

(2) Video requirement. The video course must [~~shall~~] include between 60 and 640 minutes of video that is relevant to the required topics such as video produced by other entities for training purposes, including public safety announcements and B roll footage. The remainder of the 1,760 minutes of required instruction must [~~shall~~] be video material that is relevant to required course instruction content.

(A) A video AMI must [~~shall~~] ask, at a minimum, at least one course validation question for each multimedia clip of more than 180 seconds.

(B) A video AMI must [~~shall~~] devise and submit for approval a method for ensuring that a student correctly answers questions concerning the multimedia clips of more than 180 seconds.

(h) Standards for AMIs using new technology. For AMIs delivered using technologies that have not been previously reviewed and approved by the department, the department may apply similar standards as appropriate and may also require additional standards. These standards must [~~shall~~] be designed to ensure that the course can be taught by the alternative method and that the alternative method includes testing and security measures that are at least as secure as the methods available in the usual classroom setting.

(i) Modifications to the AMI. Except as provided by paragraph (1), a change to a previously approved AMI must [~~shall~~] not be made without the prior approval of the department. The licensed provider [~~school~~] for the approved course on which the AMI is based must [~~shall~~] ensure that any modification to the AMI is implemented by all providers [~~schools~~] endorsed to offer the AMI.

(1) A provider [~~school~~] may submit to the department a request for immediate implementation of a proposed change that is insignificant or that protects the interest of the consumer such that immediate implementation is warranted. The request must [~~shall~~] include:

(A) a complete description of the proposed change;

(B) the reason for the change;

(C) the reason the requestor believes the proposed change is insignificant or protects the interest of the consumer such that immediate implementation is warranted; and

(D) an explanation of how the change will maintain the course or AMI in compliance with state law and the rules specified in this chapter.

(2) The department may request additional information regarding a proposed change from the provider [~~school~~] making a request under paragraph (1).

(3) The department will respond to any request made under paragraph (1), within five (5) working days of receipt.

(A) If the department determines that the proposed change is insignificant or protects the interest of the consumer such that immediate implementation is warranted, the requestor may immediately implement the change. The licensed provider [~~school~~] for the approved course on which the AMI is based must [~~shall~~ ] ensure that the change is implemented.

(B) If the department determines that the proposed change is neither insignificant nor protects the interest of the consumer such that immediate implementation is warranted, the department must [~~shall~~] notify the requestor of that determination and the change may not be made unless the department approves the change following a complete review.

(4) A determination by the department to allow immediate implementation under paragraph (1), does not constitute final approval by the department of the change. The department reserves the right to conduct further review after the change is implemented and to grant or deny final approval based on whether the change complies with state law and rules specified in this chapter.

(5) If, following further review, a change in an AMI that has been immediately implemented pursuant to paragraph (1), is determined not to be in compliance with state law and rules specified in this chapter, the department.

(A) shall notify the [~~course~~] provider affected by the change of:

(i) the specific provisions of state law or rules with which the AMI change is not in compliance; and

(ii) a reasonable date by which the AMI must be brought into compliance;

(B) must [~~shall~~] not, for the period between the implementation of the change and the date specified under subparagraph (A)(ii):

(i) seek any penalty relating to the non-compliance;

(ii) take any action to revoke or deny renewal of a license of a [~~school or course~~] provider based on the change; or

(iii) withdraw approval of a course or AMI based on the change; and

(C) is not required to specify the method or manner by which the provider [~~school~~] alters the AMI to come into compliance with state law and the rules in this chapter.

(6) If the department allows immediate implementation pursuant to paragraph (1), and later determines that the description of the change or the request was misleading, materially inaccurate, not substantially complete, or not made in good faith, paragraph (5)(B) does not apply.

(7) A provider [~~school~~] who immediately implements a change pursuant to paragraph (1) and fails to bring the AMI into compliance prior to the date allowed under paragraph (5)(A)(ii) may be determined to be in violation of state law or the rules in this chapter after that date.

(8) A provider [~~school~~] that immediately implements a change under paragraph (1) assumes the risk of final approval being denied and of being required to come into compliance with state law and the rules in this chapter prior to the date allowed under paragraph (5)(A)(ii), including bearing the cost of reversing the change or otherwise modifying the AMI to come into compliance with state law and the rules in this chapter.

(j) Termination of the provider's [~~school's~~ ] operation. Upon termination, providers must [~~schools shall~~] deliver any missing student data to the department within five days of termination.

(k) Renewal of AMI approval. The AMI approval must be renewed and updated to ensure timeliness every even-numbered year.

(1) For approval, the provider must [~~school shall~~] update all the statistical data, references to law, and traffic safety methodology with the latest available data.

(2) The department may alter the due date of the renewal documents by giving the approved AMI six months notice. The department may alter the due date in order to ensure that the AMI is updated six months after the effective date of new state laws passed by the Texas Legislature.

(l) Access to instructor and technical assistance. The provider [~~school~~] must establish hours that the student may access an [~~the~~] instructor trained in the classroom portion of the curriculum, and for technical assistance. With the exception of circumstances beyond the control of the provider [~~school~~], the student must [~~shall~~] have access to the instructor and technical assistance during the specified hours.

(m) Enrollment guidelines. The AMI for driver education classroom that desires to instruct students age 14 to under 25 years of age must [~~shall~~] provide the same beginning and ending dates for each student in the same class of 36 or less. No student shall be allowed to enroll and start the classroom phase after the sixth hour of classroom instruction has been completed.

(n) Required training. The driver education instructor must meet the professional teaching standard established by a state licensing agency or have academic credentials in the field in which he or she is teaching and must have been trained to teach the AMI classroom driver education course. Each instructor of an AMI classroom driver education course offered by a driver education provider [~~school~~] must have a current driver education instructor license.[:]

~~[(1) have a ST, or DET driver education instructor license; and]~~

~~[(2) successfully complete the appropriate professional development course before teaching an AMI classroom driver education course.]~~

§84.502.Driving Safety Courses of Instruction.

[~~(a)~~] This section contains requirements for traditional classroom driving safety courses. [~~, continuing education, and instructor development courses.~~] For each course, the following curriculum documents and materials are required to be submitted as part of the application for approval. [~~Except as provided by §84.504, (relating to Driving Safety Course Alternative Delivery Method), all course content shall be delivered under the direct observation of a licensed instructor.~~] Courses of instruction must [~~shall~~] not be approved that contain language that a reasonable and prudent individual would consider inappropriate. Any changes and updates to a course must [~~shall~~] be submitted by the driving safety [~~course~~] provider and approved prior to being offered. [~~Approval will be revoked for any course that meets the definition of inactive course as defined in §84.2(14).~~]

(1) Driving safety courses.

(A) Educational objectives. The educational objectives of driving safety courses must [~~shall~~] include, but not be limited to, promoting respect for and encouraging observance of traffic laws and traffic safety responsibilities of drivers and citizens; information relating to human trafficking prevention in accordance with the provisions of the Julia Wells Act (Senate Bill 1831, Section 3, 87th Regular Legislature (2021)); implementation of law enforcement procedures for traffic stops in accordance with the provisions of the Community Safety Education Act (Senate Bill 30, 85th Regular Legislature (2017)); the proper use of child passenger safety seat systems; safely operating a vehicle near oversize or overweight vehicles; the passing of certain vehicles as described in Transportation Code §545.157; the dangers and consequences of street racing; reducing traffic violations; reducing traffic-related injuries, deaths, and economic losses; and motivating continuing development of traffic-related competencies.

(B) Driving safety course content guides. A course content guide is a description of the content of the course and the techniques of instruction that will be used to present the course. For courses offered in languages other than English, the driving safety provider must [~~course owner shall~~] provide written declaration affirming that the translation of the course materials is true and correct in the proposed language presented. Such materials are subject to the approval of the department prior to its use in a driver safety course. To be approved, each driving safety provider must [~~course owner shall~~] submit as part of the application a course content guide that includes the following:

(i) a statement of the course's traffic safety goal and philosophy;

(ii) a statement of policies and administrative provisions related to techniques of instruction, [~~instructor conduct,~~] standards, and performance;

(iii) a statement of policies and administrative provisions related to student progress, attendance, makeup, and conduct. The policies and administrative provisions must [~~shall~~] be used by each driving safety provider [~~school~~] that offers the course and include the following requirements:

~~[(I) progress standards that meet the requirements of subparagraph (F);]~~

(I) [~~(II)~~] appropriate standards to ascertain the attendance of students. All driving safety providers [~~schools approved to use the course~~] must use appropriate [~~the same~~] standards for documenting attendance to include the hours scheduled each day and each hour notattended;

(II) [~~(III)~~] if the student does not complete the entire course, including all makeup lessons, within the timeline specified by the court, no credit for instruction shall be granted;

(III) [~~(IV)~~] any period of absence for any portion of instruction will require that the student complete that portion of instruction in a manner determined by the driving safety provider [~~. All makeup lessons must be equivalent in length and content to the instruction missed and taught by a licensed instructor~~]; and

(IV) [~~(V)~~] conditions for dismissal and conditions for re-entry of those students dismissed for violating the conduct policy;

(iv) a statement of policy addressing entrance requirements and special conditions of students such as the inability to read, language barriers, and other disabilities;

(v) a list of relevant instructional resources such as textbooks, audio and visual media and other instructional materials, and equipment that will be used in the course and the furniture deemed necessary to accommodate the students in the course such as tables, chairs, and other furnishings. The course shall include a minimum of 60 minutes of audio/video materials relevant to the required topics; however, the audio/video materials must [~~shall~~] not be used in excess of 165 minutes of the 300 minutes of instruction. The resources may be included in a single list or may appear at the end of each instructional unit;

(vi) written or printed materials to be provided for use by each student as a guide to the course. The department may make exceptions to this requirement on an individual basis;

(vii) instructional activities to be used to present the material (lecture, films, other media, small-group discussions, workbook activities, written and oral discussion questions, etc.). When small-group discussions are planned, the course content guide must [~~shall~~] identify the questions that will be assigned to the groups;

(viii) instructional resources for each unit;

(ix) techniques for evaluating the comprehension level of the students relative to the instructional unit. If oral or written questions are to be used to measure student comprehension levels, they shall be included in the course guide. The evaluative technique may be used throughout the unit or at the end; and

(x) a completed form cross-referencing the instructional units to the topics identified in Chapter Four of the COI-Driving Safety. A form to cross-reference the instructional units to the required topics and topics unique to the course will be provided by the department.

(C) Course and time management. Approved driving safety courses must [~~shall~~] be presented in compliance with the following guidelines and must [~~shall~~] include statistical information drawn from data maintained by the Texas Department of Transportation or National Highway Traffic Safety Administration.

(i) A minimum of 300 minutes of instruction is required.

(ii) The total length of the course must [~~shall~~] consist of a minimum of 360 minutes.

(iii) Sixty (60) minutes of time, exclusive of the 300 minutes of instruction, must [~~shall~~] be dedicated to break periods or to the topics included in the minimum course content. All break periods must [~~shall~~] be provided after instruction has begun and before the comprehensive examination and summation.

(iv) Administrative procedures such as enrollment must [~~shall~~] not be included in the 300 minutes of the course.

(v) Courses conducted in a single day in a traditional classroom setting must [~~shall~~] allow a minimum of 30 minutes for lunch.

(vi) Courses taught over a period longer than one day must [~~shall~~] provide breaks on a schedule equitable to those prescribed for one-day courses. However, all breaks must [~~shall~~] be provided after the course introduction and prior to the last unit of the instructional day or the comprehensive examination and summation, whichever is appropriate.

(vii) The order of topics must [~~shall~~] be approved by the department as part of the course approval, and for each student, the course must [~~shall~~] be taught in the order identified in the approved application.

(viii) Students must [~~shall~~] not receive a uniform certificate of course completion unless that student receives a grade of at least 70 percent on the final examination.

(ix) In a traditional classroom setting, there must be sufficient seating for the number of students, arranged so that all students are able to view, hear, and comprehend all instructional aids and the class must [~~shall~~] have no more than 50 students.

(x) The driving safety provider must [~~instructor or school shall~~] make a material effort to establish the identity of the student.

(D) Minimum course content. Driving Safety course content, including video and multimedia, must [~~shall~~] include current statistical data, references to law, driving procedures, and traffic safety methodology, as shown in the COI-Driving Safety to assure student mastery of the subject matter.

[(E) Instructor training guides. An instructor training guide contains a description of the plan, training techniques, and curriculum to be used to train instructors to present the concepts of the approved driving safety course described in the applicant's driving safety course content guide. Each course provider shall submit, as part of the application, an instructor training guide that has a table of contents and is submitted in the format or manner as prescribed by the department. The guide shall include the following:]

~~[(i) a statement of the philosophy and instructional goals of the training course;]~~

~~[(ii) a description of the plan to be followed in training instructors. The plan shall include, as a minimum, provisions for the following:]~~

~~[(I) instruction of the trainee in the course curriculum;]~~

~~[(II) training the trainee in the techniques of instruction that will be used in the course;]~~

~~[(III) training the trainee about administrative procedures and course provider policies;]~~

~~[(IV) demonstration of desirable techniques of instruction by the instructor trainer;]~~

~~[(V) a minimum of 15 minutes of instruction of the course curriculum by the trainee under the observation of the instructor trainer as part of the basic training course;]~~

~~[(VI) time to be dedicated to each training lesson; and]~~

[(VII) a minimum of 600 minutes of instruction of the course in a regular approved course under the observation of a licensed instructor trainer. The instructor trainee shall provide instruction for two full courses. It is not mandatory that the two courses be taught as two complete courses; however, every instructional unit shall be taught twice; and]

[(iii) instructional units sufficient to address the provisions identified in clause (ii)(I) - (VI). The total time of the units shall contain a minimum of 16 instructional hours. Each instructional unit shall include the following:]

~~[(I) the subject of the unit;]~~

~~[(II) the instructional objectives of the unit;]~~

~~[(III) time to be dedicated to the unit;]~~

~~[(IV) an outline of major concepts to be presented;]~~

[(V) instructional activities to be used to present the material (i.e., lecture, films, other media, small-group discussions, workbook activities, written and oral discussion questions). When small-group discussions are planned, the course guide shall identify the questions that will be assigned to the groups;]

~~[(VI) instructional resources for each unit; and]~~

[(VII) techniques for evaluating the comprehension level of the students relative to the instructional unit. If oral or written questions are to be used to measure student comprehension levels, they shall be included in the instructor training guide. The evaluative technique may be used throughout the unit or at the end.]

(E) [~~(F)~~] Examinations. Each course provider shall submit for approval, as part of the application, tests designed to measure the comprehension level of students at the completion of the driving safety course [~~and the instructor training course~~]. The comprehensive examination for each driving safety course must include at least two questions from the required units set forth in Chapter Four, Topics Two through Twelve of the COI-Driving Safety, for a total of at least 20 questions. The final examination questions shall be of such difficulty that the answer may not easily be determined without completing the actual instruction. Provider-designated persons who offer or provide instruction must [~~Instructors shall~~] not assist students in answering the final examination questions but may facilitate alternative testing. Students must not be [~~Instructors may not be certified, or students~~] given credit for the driving safety course unless they score 70 percent or more on the final test. The provider must [~~course content guide shall~~] identify alternative testing techniques to be used for students with reading, hearing, or learning disabilities and policies for retesting students who score less than 70 percent on the final examination. The provider [~~applicant~~] may choose not to provide alternative testing techniques; however, students shall be advised whether the course provides alternative testing prior to enrollment in the course. Test questions may be short answer, multiple choice, essay, or a combination of these forms.

(F) [~~(G)~~] Requirements for authorship. The course materials must [~~shall~~] be written by individuals or organizations with recognized experience in writing instructional materials.

(G) [~~(H)~~] Renewal of course approval. The course approval must be renewed every even-numbered year.

(i) For approval, the course owner shall update all the course content methodology, procedures, statistical data, and references to law with the latest available data.

(ii) The department may alter the due date of the renewal documents by giving the approved course six months' notice. The department may alter the due date in order to ensure that the course is updated six months after the effective date of new state laws passed by the Texas Legislature.

(H) If, upon review and consideration of an original, renewal, or amended application for course approval, the department determines that the applicant does not meet the legal requirements, the department shall notify the applicant, setting forth the reasons for denial in writing.

(I) The department may revoke approval of any course given to a provider under any of the following circumstances:

(2) Any information contained in the application for the course approval is found to be untrue;

(3) The school has failed to maintain the courses of study on the basis of which approval was issued;

(4) The provider has been found to be in violation of the Code, and/or this chapter; or

(5) The course has been found to be ineffective in meeting the educational objectives set forth in subsection (a)(1)(A).

~~[(2) Instructor development courses.]~~

[(A) If the alternative instructor training in §84.64 (relating to Driving Safety Instructor License Requirements) is not applicable, driving safety instructors shall successfully complete 28 clock hours (50 minutes of instruction in a 60-minute period) in the approved instructor development course for the driving safety course to be taught, under the supervision of a driving safety instructor trainer. Supervision is considered to have occurred when the instructor trainer is present and personally provides the 28 clock hours of training for driving safety instructors, excluding those clock hours approved by department staff that may be presented by a guest speaker or using films and other media that pertain directly to the concepts being taught.]

[(B) Instruction records shall be maintained by the course provider and instructor trainer for each instructor trainee and shall be available for inspection by authorized department representatives at any time during the training period and/or for license investigation purposes. The instruction record shall include the trainee's name, address, driver's license number, and other pertinent data; the name and instructor license number of the person conducting the training; and the dates of instruction, lesson time, and subject taught during each instruction period. Each record shall also include grades or other means of indicating the trainee's aptitude and development. Upon satisfactory completion of the training course, the instructor trainer conducting the training will certify one copy of the instruction record for attachment to the trainee's application for licensing, and one copy will be maintained in a permanent file at the course provider location.]

~~[(C) All student instruction records submitted for the department-approved instructor development course shall be signed by the course provider. Original documents shall be s~~

[(D) Driving safety instructor development courses including the practical-teaching portion of the instructor development course shall be offered at approved classroom facilities of a licensed school. A licensed instructor trainer shall present the course.]

[(E) Applicants shall complete 28 hours of training in the driving safety curriculum that shall be taught. Of the 28 hours, 16 shall cover techniques of instruction and in-depth familiarization with materials contained in the driving safety curriculum. The additional 12 hours shall consist of practical teaching with students and shall occur after the first 16 hours have been completed.]

~~[(3) Continuing education course.]~~

[(A) For each course, the following curriculum documents and materials are required to be submitted as part of the application for approval. If the course meets the minimum requirements set forth in this subchapter, the department may grant an approval. Course providers desiring to provide a driving safety continuing education course shall provide an application for approval that shall be in compliance with this section.]

[(B) Each course provider will be responsible for receiving an approval for a minimum of a two-hour continuing education course. Each instructor currently endorsed to teach the course must attend the approved continuing education course conducted by the course provider.]

~~[(C) The request for course approval shall contain the following:]~~

~~[(i) a description of the plan by which the course will be presented;]~~

~~[(ii) the subject of each unit;]~~

~~[(iii) the instructional objectives of each unit;]~~

~~[(iv) time to be dedicated to each unit;]~~

~~[(v) instructional resources for each unit, including names or titles of presenters and facilitators;]~~

~~[(vi) any information that the department mandates to promote the quality of the education being provided; and]~~

~~[(vii) a plan by which the course provider will monitor and ensure attendance and completion of the course by the instructions within the guidelines set forth in the course.]~~

~~[(D) A continuing education course may be approved if the department determines that:]~~

~~[(i) the course is designed to enhance the instructional skills, methods, or knowledge of the driving safety instructor;]~~

~~[(ii) the course pertains to subject matters that relate directly to driving safety instruction, instruction techniques, or driving safety-related subjects;]~~

[(iii) the course has been designed, planned, and organized by the course provider. The course provider shall use licensed driving safety instructors to provide instruction or other individuals with recognized experience or expertise in the area of driving safety instruction or driving safety-related subject matters. Evidence of the individuals' experience or expertise may be requested by the division;]

[(iv) the course contains updates or approved revisions to the driving safety course curriculum, policies or procedures, and/or any changes to the course, that are affected by changes in traffic laws or statistical data; and]

~~[(v) any technology used to present a continuing education course meets reasonable standards for determining attendance, security, and testing.]~~

[(b) Course providers shall submit documentation on behalf of schools applying for approval of additional courses after the original approval has been granted. The documents shall be designated by the department and include the appropriate fee. Courses shall be approved before soliciting students, advertising, or conducting classes. An approval for an additional course shall not be granted if the school's compliance is in question at the time of application.]

[(c) If an approved course is discontinued, the department shall be notified within five days of discontinuance and furnished with the names and addresses of any students who could not complete the course because it was discontinued. If the school does not make arrangements satisfactory to the students and the department for the completion of the courses, the full amount of all tuition and fees paid by the students are due and refundable. If arrangements are not made satisfactory to the students and the department, the refunds must be made no later than 30 days after the course was discontinued. Any course discontinued shall be removed from the list of approved courses.]

[(d) If, upon review and consideration of an original, renewal, or amended application for course approval, the department determines that the applicant does not meet the legal requirements, the department shall notify the applicant, setting forth the reasons for denial in writing.]

~~[(e) The department may revoke approval of any course given to a course owner, provider, or school under any of the following circumstances.]~~

~~[(1) Any information contained in the application for the course approval is found to be untrue.]~~

~~[(2) The school has failed to maintain the faculty, facilities, equipment, or courses of study on the basis of which approval was issued.]~~

~~[(3) The school and/or course provider has been found to be in violation of the Code, and/or this chapter.]~~

~~[(4) The course has been found to be ineffective in meeting the educational objectives set forth in subsection (a)(1)(A).]~~

§84.504.Driving Safety Course Alternative Delivery Method.

(a) Approval process. The department may approve an application for an alternative delivery method (ADM) submitted by a driving safety provider that delivers an approved driving safety course [~~or an approved specialized driving course~~] and meets the following requirements.

(1) Standards for approval. The department may approve an ADM employed by a driving safety provider for an approved driving safety course [~~or a specialized driving safety course~~] and waive any rules to accomplish this approval if the ADM delivers an approved course in a manner that is at least as secure as a traditional classroom. ADMs that meet the requirements outlined in subsections (b) - (h), shall receive ADM approval.

(2) Application. The driving safety [~~course~~ ] provider must [~~shall~~] submit a completed ADM application along with the appropriate fee. The application for ADM approval must [~~shall~~] be treated the same as an application for the approval of a new course and the ADM must deliver the driving safety [~~course~~] provider's approved curriculum as delineated in the course content guide required by §84.502 (relating to Driving Safety Courses of Instruction) [~~and §84.503 (relating to Specialized Driving Safety Courses of Instruction)~~], and the COI-Driving Safety [~~and COI-Specialized Driving Safety~~].

(3) Incomplete applications. An application that is incomplete may be returned to the applicant along with the application fee.

(4) Provider [~~School~~] license required. A person or entity offering a driving safety course [~~or a specialized driving course~~] to Texas students by an alternative delivery method must hold a driving safety provider [~~school~~ ] license. The driving safety provider [~~school~~] is responsible for the operation of the ADM.

~~[(5) Course provider endorsement required. The driving safety school must have an endorsement from a licensed course provider.]~~

(b) Course content. The ADM must allow for delivery of [~~deliver~~] the same topics and course content as the approved course established by the department in the COI-Driving Safety [~~and COI-Specialized Driving Safety~~].

(1) Course topics. The time requirements for each unit and the course [~~as a whole~~] described in §84.502(a)(1)(C) and (D) [~~and §84.503(a)(1)(C) and (D) shall~~] must be met.

(2) Topic sequence. The ADM sequencing may be different from the approved traditional driving safety course if [~~as long as~~] the sequencing does not detract from the educational value of the course. The driving safety provider must [~~ADM owner shall~~] provide a key showing the topic sequence of the traditional driving safety course and where the corresponding information appears in the ADM.

(3) Editing. The material presented in the ADM must [~~shall~~] be edited for grammar, punctuation, and spelling and be of such quality that it does not detract from the subject matter.

(4) Irrelevant material. Advertisement of goods and services must [~~shall~~] not appear during the actual instructional times of the course. Distracting material that is not related to the topic being presented must [~~shall~~] not appear during the actual instructional times of the course.

(5) Minimum content. The ADM must [~~shall~~] present sufficient content so that it would take a student 300 minutes to complete the course. In order to demonstrate that the ADM contains sufficient content, the ADM must [~~shall~~] use the following methods.

(A) Word count. For written material that is read by the student, the driving safety [~~course~~] provider must [~~shall~~] count the total number of words in the written sections of the course. This word count must [~~shall~~ ] be divided by 180, the average number of words that a typical student reads per minute. The result is the time associated with the written material for the sections.

(B) Multimedia presentations. For multimedia presentation, the driving safety [~~course~~] provider must [~~shall~~] calculate the total amount of time it takes for all multimedia presentations to play.

(D) Examinations. The [~~course~~] provider may allocate up to 90 seconds for questions presented over the Internet and 90 seconds for questions presented by telephone.

(E) Total time calculation. If the sum of the time associated with the written course material, the total amount of time for all multimedia presentations, and the time associated with all charts and graphs equals or exceeds 300 minutes, the ADM has demonstrated the required amount of content.

(F) Alternate time calculation method. In lieu of the time calculation method, the driving safety provider [~~ADM~~ ] may submit alternate methodology to demonstrate that the ADM meets the 300-minute requirement.

(6) Student breaks. A course that demonstrates that it contains 300 minutes of instructional content must [~~shall~~ ] mandate that students take 60 minutes of break time or provide additional educational content for a total of 360 minutes.

(c) Personal validation. The driving safety provider must ensure the ADM [~~shall~~] maintain a system to validate the identity of the person taking the course. The personal validation system must [~~shall~~] incorporate the following requirements.

(1) Personal validation questions. The ADM must [~~shall~~] ask a minimum of 10 personal validation questions throughout the course.

(2) Third party data sources. The personal validation questions must [~~shall~~] be drawn equally from at least two different databases.

(3) Time to respond. The student must correctly answer the personal validation question within 90 seconds for questions presented over the Internet and 90 seconds for questions presented by telephone.

(4) Placement of questions. At least one personal validation question must [~~shall~~] appear in each major unit or section, not including the final examination.

(5) Exclusion from the course. The ADM must be constructed to [~~shall~~] exclude the student from the course after the student has incorrectly answered more than 30 percent of the personal validation questions.

(6) Correction of answer. The driving safety provider [~~school~~] may correct an answer to a personal validation question for a student who inadvertently missed a personal validation question. In such a case, the student record must [~~shall~~] include a record of both answers and an explanation of the reasons that the provider [~~school~~] corrected the answer.

(7) Student affidavits. A student for whom third-party database information is available from fewer than two databases (for example, a student with an out-of-state driver's license) may be issued a uniform certificate of completion upon presentation to the driving safety [~~course~~] provider of a notarized copy of the student's driver's license or equivalent type of photo identification and a statement from the student certifying that the individual attended and successfully completed the six-hour driving safety [~~or specialized driving safety~~] course for which the certificate is being issued and [~~for which~~] there exists a corresponding student record.

(8) Alternative methods. Upon approval by the department, the driving safety provider may employ an ADM that uses [~~may use~~] alternate methods that are at least as secure as the personal validation question method.

(d) Content validation. The driving safety provider must ensure the ADM [~~shall~~] incorporate a course content validation process that verifies student participation and comprehension of course material, including the following.

(1) Timers. The ADM must [~~shall~~] include built-in timers to ensure that 300 minutes of instruction have been attended and completed by the student.

(2) Testing the student's participation in multimedia presentations. The ADM must [~~shall~~] ask at least one course validation question following each multimedia clip of more than 180 seconds.

(A) Test bank. For each multimedia presentation that exceeds 180 seconds, the ADM must [~~shall~~] have a test bank of at least four questions.

(B) Question difficulty. Each [~~The~~] question must [~~shall~~] be short answer, multiple choice, essay, or a combination of these forms. The questions must [~~question shall~~] be difficult enough that the answer may not be easily determined without having viewed the actual multimedia clip.

(C) Failure criteria. If the student fails to answer the question correctly, the ADM shall either require the student view the multimedia clip again or the ADM must [~~shall~~] fail the student from the course. If the ADM requires the student to view the multimedia clip again, the ADM must [~~shall~~] present a different question from its test bank for that multimedia clip. The ADM may not repeat a question until it has asked all the questions from its test bank.

(D) Answer identification. The ADM must [~~shall~~ ] not identify the correct answer to the multimedia question.

(3) Mastery of course content. The ADM must allow for testing of [~~shall test~~] the student's mastery of the course content by asking at least two questions from each of the topics listed in Chapter Four, Topics Two through Twelve of the COI-Driving Safety[~~, and Chapter Four, Topics Two through Nine of the COI-Specialized Driving Safety~~].

(A) Test bank. The test bank for course content mastery questions must [~~shall~~] include at least ten questions from each of the topics identified in Chapter Four, Topics Two through Twelve of the COI-Driving Safety [~~, and Chapter Four, Topics Two through Nine of the COI-Specialized Driving Safety~~].

(B) Placement of questions. The mastery of course content questions must [~~shall~~] be asked either at the end of the major unit or section in which the topic identified in Chapter Four, Topics Two through Twelve of the COI-Driving Safety, [~~and Chapter Four, Topics Two through Nine of the COI-Specialized Driving Safety is covered~~] (unit examination) or at the end of the course (comprehensive final examination).

(C) Question difficulty. Course content mastery questions must [~~shall~~] be short answer, multiple choice, essay, or a combination of these forms, and of such difficulty that the answer may not be easily determined without having participated in the actual instruction.

(4) Repeat and retest options. The ADM may use either of the following options for students who fail an examination to show mastery of course content, but may not use both in the same ADM.

(A) Repeat the failed unit. If the student misses more than 30 percent of the questions asked on an examination, the ADM must [~~shall~~] require that the student take the unit again. All timers must [~~shall~~] be reset. The correct answer to missed questions may not be disclosed to the student (except as part of course content). At the end of the unit, the ADM must [~~shall~~] again test the student's mastery of the material. The ADM must [~~shall~~] present different questions from its test bank until all the applicable questions have been asked. The student may repeat this procedure an unlimited number of times.

(B) Retest the student. If the student misses more than 30 percent of the questions asked on an examination, the ADM must [~~shall~~] retest the student in the same manner as the failed examination, using different questions from its test bank. The student is not required to repeat the failed unit but may be allowed to do so prior to retaking the examination. If the student fails the same unit examination or the comprehensive final examination three times, the student fails [~~shall fail~~] the course.

(e) Student records. The ADM must [~~shall~~] provide for the creation and maintenance of the records documenting student enrollment, the verification of the student's identity, and the testing of the student's mastery of the course material. Each entry that verifies enrollment, identifies the question asked or the response given, documents retesting and/or revalidation, and documents any changes to the student's record must [~~shall~~] include the date and time of the activity reported. The student records must [~~shall~~] contain the following information.

(1) The student's name and driver's license number.

(2) A record of which personal validation questions were asked and the student's responses.

(3) A record of which multimedia participation questions were asked and the student's responses.

(4) The name or identity number of the staff member entering comments, retesting, or revalidating the student.

(5) If any answer to a question is changed by the driving safety provider [~~school or course provider~~] for a student who inadvertently missed a question, the [~~school or course~~] provider must [~~shall~~] provide both answers and a reasonable explanation for the change.

(6) A record of the course content mastery questions asked and the answers given.

(7) A record of the time the student spent in each unit of the ADM and the total instructional time the student spent in the course.

(8) The provider must [~~school shall~~] also ensure that the student record is readily, securely, and reliably available for inspection by the department.

(f) Additional requirements for ADM courses. Courses delivered via the Internet must [~~shall~~] also comply with the following requirements.

(1) Course identification. All ADM courses must [~~shall~~] display the driving safety provider [~~school~~] name[~~, course provider name~~] and license number [~~numbers for each~~] assigned by the department on the entity's website and the registration page used by the student to pay any monies, provide any personal information, and enroll.

(2) A driving safety provider [~~school~~] offering a driving safety course through ADM [~~an ADM course~~] may accept students redirected from another website if [~~as long as~~] the student is redirected to the webpage that clearly identifies the names and license numbers of the [~~school and course~~] provider offering the ADM. This information must [~~shall~~] be visible before and during the student registration and course payment processes.

(3) Domain names. Each provider [~~school~~] offering a driving safety course through ADM [~~an ADM~~] must offer that ADM from a single domain.

(g) Additional requirements for video courses.

(1) Delivery of the material. For ADMs delivered using [~~by the use of~~] videotape, digital video disc (DVD), film, or similar media, the equipment and course materials may only be made available through a department approved process [~~that is approved by the department~~].

(2) Video requirement. In order to meet the video requirement of §84.502(a)(1)(B)(v), the video course must [~~shall~~ ] include between 60 and 150 minutes of video that is relevant to the required topics such as video produced by other entities for training purposes, including public safety announcements and B roll footage. The remainder of the 300 minutes of required instruction must [~~shall~~] be video material that is relevant to the required topics and produced specifically for the ADM.

(A) A video ADM must ask [~~shall ask, at a minimum,~~] at least one course validation question for each multimedia clip of more than 180 seconds at the end of each major segment (chapter) of the ADM.

(B) A video ADM must [~~shall~~] devise and submit for approval a method for ensuring that a student correctly answers questions concerning [~~the~~] multimedia clips consisting of more than 60 seconds in length presented during the ADM.

(h) Standards for ADMs using new technology. For ADMs delivered using technologies that have not been previously reviewed and approved by the department, the department may apply similar standards as appropriate and may also require additional standards. These standards must [~~shall~~] be designed to ensure that the course can be taught by the alternative method and that the alternative method includes testing and security measures that are at least as secure as the methods available in the traditional classroom setting.

(i) Modifications to the ADM. Except as provided by paragraph (1) of this subsection, a change to a previously approved ADM must [~~shall~~] not be made without the prior approval of the department. [~~The licensed course provider for the approved course on which the ADM is based shall ensure that any modification to the ADM is implemented by all schools endorsed to offer the ADM.~~]

(1) A driving safety [~~course~~] provider may submit to the department a written request for immediate implementation of a proposed change that is insignificant or that protects the interest of the consumer such that immediate implementation is warranted. The written request must [~~shall~~] include:

(A) a complete description of the proposed change;

(B) the reason for the change;

(C) the reason the provider [~~requestor~~] believes the proposed change is insignificant or protects the interest of the consumer such that immediate implementation is warranted; and

(D) an explanation of how the change will maintain the course or ADM in compliance with state law and the rules specified in this chapter.

(2) The department may request additional information regarding a proposed change from the driving safety [~~course~~ ] provider making a request under paragraph (1).

(3) The department will respond to any request made under paragraph (1), within five working days of receipt.

(A) If the department determines that the proposed change is insignificant or protects the interest of the consumer such that immediate implementation is warranted, the requestor may immediately implement the change. The driving safety [~~licensed~~] provider [~~for the approved course on which the ADM is based~~] must [~~shall~~] ensure that the change is implemented [~~by all schools endorsed to offer the ADM~~].

(B) If the department determines that the proposed change is neither insignificant nor protects the interest of the consumer such that immediate implementation is warranted, the department must [~~shall~~] notify the provider [~~requestor~~] of that determination and the change may not be made unless the department approves the change following a complete review.

(5) If, following further review, a change in an ADM that has been immediately implemented pursuant to paragraph (1), is determined not to be in compliance with state law and rules specified in this chapter, the department:

(A) must [~~shall~~] notify the [~~course~~ ] provider affected by the change of:

(i) the specific provisions of state law or rules with which the ADM change is not in compliance; and

(ii) a reasonable date by which the ADM must be brought into compliance;

~~[(B) shall require the course provider to notify any school endorsed by the course provider of the finding;]~~

(B) [~~(C)~~] must [~~shall~~ ] not, for the period between the implementation of the change and the date specified under subparagraph (A)(ii):

(i) seek any penalty relating to the non-compliance;

(ii) take any action to revoke or deny renewal of a license of a [~~school or course~~] provider based on the change; or

(iii) withdraw approval of a course or ADM based on the change; and

(C) [~~(D)~~] is not required to specify the method or manner by which the [~~course~~] provider alters the ADM to come into compliance with state law and the rules in this chapter.

(6) If the department allows immediate implementation pursuant to paragraph (1) and later determines that the description of the change or the request was misleading, materially inaccurate, not substantially complete, or not made in good faith, paragraph (5)(C) does not apply.

(7) A driving safety [~~course~~] provider who immediately implements a change pursuant to paragraph (1) and fails to bring the ADM into compliance prior to the date allowed under paragraph (5)(A)(ii) may be determined to be in violation of state law or the rules in this chapter after that date.

(8) A driving safety [~~course~~] provider that immediately implements a change under paragraph (1), assumes the risk of final approval being denied and of being required to come into compliance with state law and the rules in this chapter prior to the date allowed under paragraph (5)(A)(ii), including bearing the cost of reversing the change or otherwise modifying the ADM to come into compliance with state law and the rules in this chapter.

(j) Termination of the driving safety provider's [~~school's~~] operation. Upon termination, a driving safety provider must [~~schools shall~~] deliver any missing student data to the department within five days of termination.

(k) Renewal of ADM approval. The ADM approval must be renewed every even-numbered year.

(1) For approval, the driving safety [~~course~~ ] provider must [~~shall~~] update all the statistical data and references to law with the latest available data.

(2) The department may alter the due date of the ADM renewal documents by giving the driving safety provider using the approved ADM six months' notice. The department may alter the due date in order to ensure that the ADM is updated six months after the effective date of new state laws passed by the Texas Legislature.

(l) Access to the driving safety provider for [~~instructor and~~] technical assistance. The driving safety provider [~~school~~] must establish hours that the student may obtain [~~access the instructor and for~~] technical assistance. Except for [~~With the exception of~~] circumstances beyond the control of the provider [~~school~~], the student must [~~shall~~] have access to the provider [~~instructor~~] and technical assistance during the specified hours.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 26, 2023.

TRD-202300336

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: March 12, 2023

For further information, please call: (512) 463-7750

SUBCHAPTER M. CURRICULUM AND ALTERNATIVE METHODS OF INSTRUCTION

16 TAC §§84.503, 84.505 - 84.507

STATUTORY AUTHORITY

The proposed repeals are proposed under Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001, which authorize the Texas Commission of Licensing and Regulation, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

§84.503.Specialized Driving Safety Courses of Instruction.

§84.505.Drug and Alcohol Driving Awareness Programs of Instruction.

§84.506.Drug and Alcohol Driving Awareness Programs Alternative Delivery Method.

§84.507.Driving Safety Course for Drivers Younger than 25 Years of Age.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 26, 2023.

TRD-202300347

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: March 12, 2023

For further information, please call: (512) 463-7750

SUBCHAPTER N. PROGRAM INSTRUCTION FOR PUBLIC SCHOOLS, EDUCATION SERVICE CENTERS, AND COLLEGES OR UNIVERSITIES COURSE REQUIREMENTS

16 TAC §84.600, §84.601

STATUTORY AUTHORITY

The proposed rules are proposed under Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001, which authorize the Texas Commission of Licensing and Regulation, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

§84.600.Program of Organized Instruction.

(a) To be approved under this subchapter, a driver education plan must [~~shall~~] include one or more of the following course programs.

(1) Core program. This program must [~~shall~~ ] consist of at least 32 hours of classroom instruction; seven hours of behind-the-wheel instruction in the presence of a certified instructor; seven hours of in-car observation in the presence of a certified instructor; and 30 hours of behind-the-wheel instruction, including at least 10 hours of instruction that takes place at night, verified by a parent or guardian in the presence of an adult who meets the requirements of Texas Transportation Code, §521.222(d)(2).

(2) In-car only program. This program must [~~shall~~] consist of at least seven hours of behind-the-wheel instruction in the presence of a certified instructor; seven hours of in-car observation in the presence of a certified instructor; and 30 hours of behind-the-wheel instruction, including at least 10 hours of instruction that takes place at night, verified by a parent or guardian in the presence of an adult who meets the requirements of Texas Transportation Code, §521.222(d)(2).

(3) Classroom only program. This program must [~~shall~~] consist of at least 32 hours of classroom instruction.

(b) The minimum requirements of the driver education program must be met regardless of how the course is scheduled. The following applies to all minor and adult driver education programs.

(1) A learner portion of a DE-964 must [~~shall~~ ] be issued to a student to obtain a learner's license upon completion of Module One of the POI-DE. A driver license portion of the DE-964 must [~~shall~~] be given when all in-car laboratory and classroom instruction has been completed by the student.

(2) In-car laboratory lessons may be given only after the student has obtained a learner's license.

(3) Instruction may be scheduled any day of the week, during regular school hours, before or after school, and during the summer.

(4) Instruction must [~~shall~~] not be scheduled before 5:00 a.m. or after 11:00 p.m.

(5) The driver education classroom phase must have uniform beginning and ending dates. Students must [~~shall~~] proceed in a uniform sequence. Students must [~~shall~~] be enrolled and in class before the seventh hour of classroom instruction in a 32-hour program and the 12th hour of classroom instruction in 56-hour or semester-length programs.

(6) Self-study assignments occurring during regularly scheduled class periods must [~~shall~~] not exceed 25 percent of the course and must [~~shall~~] be presented to the entire class simultaneously.

(7) The driver education course must [~~shall~~ ] be completed within the timelines established by the superintendent, college or university chief school official, or ESC director. This must [~~shall~~] not circumvent attendance or progress. Variances to the established timelines must [~~shall~~] be determined by the superintendent, college or university chief school official, or ESC director and must be agreed to by the parent or legal guardian.

(8) Public schools are allowed five minutes of break within each instructional hour in all phases of instruction. A break is an interruption in a course of instruction occurring after the lesson introduction and before the lesson summation. It is recommended that the five minutes of break be provided outside the time devoted to behind-the-wheel instruction so students receive a total of seven hours of instruction.

(9) A student must [~~shall~~] not receive credit for more than four hours of driver education training at a public school in one calendar day no matter what combination of training is provided, excluding makeup. Further, for each calendar day, a student is [~~shall be~~] limited to a maximum of:

(A) two hours of classroom instruction;

(B) four hours of observation time;

(D) three hours of simulation instruction; and

(E) one hour of behind-the-wheel instruction.

(10) Driver education training verified by the parent is limited to one hour per day.

(c) Course content, minimum instruction requirements, and administrative guidelines for each phase of driver education classroom instruction, in-car training (behind-the-wheel and observation), simulation, and multicar range must [~~shall~~] include the instructional objectives established by the department, as specified in this subsection and the POI-DE, and meet the requirements of this subchapter. Sample instructional modules may be obtained from the department. Schools may use sample instructional modules developed by the department or develop their own instructional modules based on the approved instructional objectives. The instructional objectives are organized into the modules outlined in this subsection and include objectives for classroom and in-car training (behind-the-wheel and observation), simulation lessons, parental involvement activities, and evaluation techniques. In addition, the instructional objectives that must be provided to every student enrolled in a minor and adult driver education course include information relating to litter prevention; anatomical gifts; safely operating a vehicle near oversize or overweight vehicles; distractions, including the use of a wireless communication device that includes texting; motorcycle awareness; alcohol awareness and the effect of alcohol on the effective operation of a motor vehicle; and recreational water safety. A student may apply to the Texas Department of Public Safety (DPS) for a learner's license after completing six hours of instruction as specified in Module One of the POI-DE.

(d) A public school may use multimedia systems, simulators, and multicar driving ranges for instruction in a driver education program.

(e) Each simulator, including the instructional programs, and each plan for a multicar driving range must meet state specifications developed by the department. Simulators are electromechanical equipment that provides for teacher evaluation of perceptual, judgmental, and decision-making performance of individuals and groups. With simulation, group learning experiences permit students to operate vehicular controls in response to audiovisual depiction of traffic environments and driving emergencies. The specifications are available from the department.

(f) A minimum of four periods of at least 55 minutes per hour of instruction in a simulator may be substituted for one hour of behind-the-wheel and one hour observation instruction. A minimum of two periods of at least 55 minutes per hour of multicar driving range instruction may be substituted for one hour of behind-the-wheel and one hour observation instruction relating to elementary or city driving lessons. However, a minimum of four hours must be devoted to behind-the-wheel instruction and a minimum of four hours must be devoted to observation instruction.

(g) A school may not permit more than 36 students per driver education class, excluding makeup students.

(h) All behind-the-wheel lessons must [~~shall~~ ] consist of actual driving instruction. Observation of the instructor, mechanical demonstrations, etc., must [~~shall~~] not be counted for behind-the-wheel instruction. The instructor must [~~shall~~] be in the vehicle with the student during the entire time behind-the-wheel instruction is provided.

(i) Minor and adult driver education programs must [~~shall~~] include the following components.

(1) Driver education instruction is limited to eligible students between the ages of 14-18 years of age, who are at least 14 years of age when the driver education classroom phase begins and who will be 15 years of age or older when the behind-the-wheel instruction begins. Students officially enrolled in school who are 18-21 years of age may attend a minor and adult driver education program.

(2) Motion picture films, slides, videos, tape recordings, and other media that present concepts outlined in the instructional objectives may be used as part of the required instructional hours of the classroom instruction. Units scheduled to be instructed may also be conducted by guest speakers as part of the required hours of instruction. Together, these must [~~shall~~] not exceed 640 minutes of the total classroom phase.

(3) Each classroom student must [~~shall~~] be provided a driver education textbook or driver education instructional materials approved by the department.

(4) A copy of the current edition of the "Texas Driver Handbook" published by DPS must [~~shall~~] be furnished to each student enrolled in the classroom phase of the driver education course.

(5) No public school should permit a ratio of less than two, or more than four, students per instructor for behind-the-wheel instruction, except behind-the-wheel instruction may be provided for only one student when it is not practical to instruct more than one student, for makeup lessons, or if a hardship would result if scheduled instruction is not provided. In each case when only one student is instructed:

(A) the school must [~~shall~~] obtain a waiver signed and dated by the parent or legal guardian of the student and the chief school official stating that the parent or legal guardian understands that the student may be provided behind-the-wheel instruction on a one-on-one basis with only the instructor and student present in the vehicle during instruction;

(B) the waiver may be provided for any number of lessons; however, the waiver must [~~shall~~] specify the exact number of lessons for which the parent is providing the waiver; and

(C) the waiver must [~~shall~~] be signed before the first lesson in which the parent is granting permission for the student to receive one-on-one instruction.

(j) Colleges and universities that offer driver education to adults must [~~shall~~] submit and receive written approval for the course from the department prior to implementation of the program. The request for approval must include a syllabus, list of instructors, samples of instructional records that will be used with the course, and information necessary for approval of the program.

§84.601.Additional Procedures for Student Certification and Transfers.

(a) Unused DE-964s must [~~shall~~] not be transferred to another school without written approval by the department.

(b) The DE-964 document is a government record as defined under Texas Penal Code, §37.01(2). Any misrepresentation by the applicant or person issuing the form as to the prerequisite set forth may result in suspension or revocation of instructor credentials or program approval and/or criminal prosecution.

(c) The superintendent, college or university chief school official, ESC director, or their designee may request to receive serially numbered DE-964 certificates for exempt schools by submitting a completed order on the form provided by the department stating the number of certificates to be purchased and including payment of all appropriate fees. The department will accept purchase requisitions from school districts.

(d) All DE-964 certificates and records of certificates must be provided to the department or DPS upon request. The superintendent, college or university chief school official, ESC director, or their designee must [~~shall~~] maintain the school copies of the certificates. The chief school official, ESC or DPS director, or their designee must [~~shall~~] return unissued DE-964 certificates to the department within 30 days from the date the school discontinues the driver education program, unless otherwise notified.

(e) The public school may accept any part of the driver education instruction received by a student in another state; however, the student must complete all [of] the course requirements for a Texas driver education program. Driver education instruction completed in another state must be certified in writing by the chief official or course instructor of the school where the instruction was given and include the hours and minutes of instruction and a complete description of each lesson provided. The certification document must be attached to the student's individual record at the Texas school and be maintained with the record for seven years.

(f) Students who are licensed in another state and have completed that state's driver education program should contact the DPS for information on the licensing reciprocal agreement between that state and Texas.

(g) All records of instruction must [~~shall~~ ] be included as part of the student's final history when it is necessary to compile multiple records to verify that a student successfully completed a driver education course.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 26, 2023.

TRD-202300337

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: March 12, 2023

For further information, please call: (512) 463-7750