Texas Register, Volume 48, Number 6, Pages 553-772 , February 10, 2023 Page: 572
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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 regu-
lation.
The proposed rules expand a regulation by requiring increased
recordkeeping and reporting of student information, progress,
and course completion; requiring parent-taught providers to ob-
tain a driver education provider license; creating endorsements
for the different driver education provider types under a single li-
cense; creating the continuing education audit process, and es-
tablishing 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 ap-
proval process; and the requirement for instructor development
courses.
7. The proposed rules increase or decrease the number of indi-
viduals 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 in-
terests 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 submit-
ted 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 AUTHORITYThe proposed rules are proposed under Texas Occupations
Code, Chapters 51 and Texas Education Code, Chapter 1001,
which authorize the Texas Commission of Licensing and Reg-
ulation, 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 Edu-
cation Code, Chapters 29 and 1001, and Texas Transportation
Code, Chapter 521. No other statutes, articles, or codes are af-
fected 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 Trans-
portation 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 comple-
tion 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 sec-
ondary 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 dis-
trict 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 sec-
ondary school accredited by the Texas Education Agency.48 TexReg 572 February 10, 2023 Texas Register
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Texas. Secretary of State. Texas Register, Volume 48, Number 6, Pages 553-772 , February 10, 2023, periodical, February 10, 2023; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1542462/m1/20/: accessed June 3, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.