DAN MORALES 

ATTORSEY CENERAL 

QBffice of tty Wxnep 

Btate of Qexae 

April 22,1996 

General 

The Honorable Chris Harris 

Chair 

Senate Committee on Administration 

Texas State Senate 

P.O. Box 12068 

Austin, Texas 78711 

Opiion No. DM-386 

RC: Whether the Texas Education 

AS-Y my, under V.T.C.S. article 

4413(29c), section 94 supply cc&icates 

of completion to a public school in the state 

whose driver education course does not 

meet the standards of and has not been 

approved by the Texas Education Agency 

or the Department of Public Safety and 

related questions (RQ-839) 

Dear Senator Harris: 

You have requested our opinion as to whether the Central Education Agency may, 

under article 4413(29c), section 9A, V.T.C.S., supply certificates of completion to a 

public school in the state whose driver education course does not meet the standards of 

and has not been approved by the Central Education Agency or the Depamnent of Public 

Safety.~ You also ask whether a driving safety course that the State Board of Education 

has approved “c4xditionaUy” or “temporarily prior to September 1,1995. must be finally 

approved at&r September 1,199s. 

Your questions require us to construe the Texas Driver and Tratlic Safety 

Education Act (the “act”), V.T.C.S. article 4413(29c). The act purports to regulate both 

driver training and driving safety courses. See V.T.C.S. art. 4413(29c), 0 2. As you 

arplain, a driver education course teaches a student “how to drive, inchuiing the laws 

applicable to operating a motor vehicle.” See id. 8 3(4). A driving safety course, on the 

other hand, teaches a licensed driver how to be. a better driver. See id. 8 3(6). Under the 

act, the Central Education Agency is authorki to regulate and oversee the system of 

driver education and driving safety schools. Id. 8 4(a). 

Preliinarily, we note that the Central Bducation Agency is equivalent to the 

Texas Education Agency. “A reference in law to the Central Education Agency means the 

Texas Education Agency.” Act of May 27, 1995, 74th Leg., RS., ch. 260, 5 80, 1995 
The Honorable Chris Harris - Page 2 (DM-386 

Ten. Sess. Law Serv. 2207,2504. Accordingly, we will refer only to the Texas Education 

Agency (the “agency”) throughout the remainder of this opinion. 

Your first question assumes that a driver education course offered in a public 

school does not meet the standards of and has not been approved by the agency or the 

Department of Public Safety. We will begin by considering the law as it relates to your 

6rst question. A “driver education school” is 

an enterprise that maintains a place of business or solicits business in 

this state, that is operated by an individual, association, partnership, 

or corporation for the education and training of persons at a primary 

or branch location in driver education or driver education instructor 

development, and that is not speci6cally exempted by this Act.* 

V.T.C.S. art. 4413(29c). 5 3(18) (footnote added). Section 7(c) of the act exempts from 

all of the act except section 9A, see i&x, several types of driver education courses 

h~cluding a wurse offered by -a school that is otherwise regulated and approved under 

any other state law.“” A public school is regulated and approved under the Education 

Code. See generally Educ. Code tit. 2. 

~whavc~ollrlred~&Qnot,thacforr.conddawbahaarchoolir”w’manaprirethnt 

. . mamtamaaplwcofhwinwsorao~tsburinco . . ..thatisopaatcdbyaoilMmdwlusodrtion. 

putnenhip, or coQomtioo....” See BL.$x’s LAW DICIIONARY 476.77 (5th cd 1979); WEBSI’ER’S 

Ntrmt NEW COUEOIAIE DCIIONARY 415 (1990). If it is nat, of comse, it & not be px&aUy 

omdwtcdbysaiadivimual,wwclation,parmarhip,or~forthc 

~nodtrpiningofpcrsons,dtbupraaicallyor~~,orbotbtoopaatcm.drivcmotor 

vehicleand char& a cooaidemtion or toitioo for such celviwa”dofitudthctann~commemlaldrivcrnainingschool.” ~~Msy19,1%7,~~.,RS.,cb.332.~l(a),l%7T~Genlrws7~,794 

(wdlfied at V.T.C.S. att. 4413(29c), 0 l(a)), umended by Act of May 25, 1991, 72d Leg. RS., ch. 835, 

~1.1991Tcx.Ga~Lpwr28.75,2876. Theori@nlactdidnotdefinethctan~‘drivaabca!kmsclwot.” 

In199lLbekgislaturrdelaedtbcwwd”~fronrthphrerc”drivanainingrcbod” 

UbdlmcndcdtbCddhitiOlltOiBClUdC entaprira03oducdogcomwatndrtvar~~,driving, 

tamctor developettt. See Act oft&y 25.19!21,72d Leg., RS.. ch. 835.5 I, 1991 Tcx. Gcn. Laws 

zx75,2876. hl995lhclcgatuc-thnrtutcodcfuw"drivcr-~"~ 

SChOOlSOffCiiOgdliVUOdOWtiOOcGlrra~thOWOff~dlitingd~WUtWS. SeeMof 

May 29,1995,74th Lag.. RS., ch. 1009,~ I, 1995 Tcx &is. Law Serv. 5047.5049 (aalifmd at V.T.C.S. 

art. 4413(29c), 0 3(18)). Otkr changa to tk dctinition made by the 1995 am&matt wue 

nozmhah. Seeid. 

%ctioo 7(c)(5) ofarticle 4413(29c). V.T.C.S., actuatty prwidcs as follows: 

AdrivcrakationcomxisexemptfromthisAa,cxcqtScction9Aofthis 

Auiritir: 

(5) aachoolthatiaotkrwkragulatedandappn3wdtmderanyothcrrtatc 

law. 

p. 2119 
The Honorable Chris Harris - Page 3 (~~-386) 

Section 9A of the act, the only provision of the act to which a public school is 

subject, provides as follows: 

Tbe agency &all print and supply to licensed and exempt driver 

education schools serially numbered driver education certikates to 

be used for certi& completion of an approved driver education 

wttrse for the purposes of Section 7(a), . . . Article 6687b. 

P.T.C.S.]. The agency by rule shall provide for the design and 

diPtn’butionofthecatificat#,iaamsnaerthattotbegrratesrextent 

possible pmvents the unauthorized reproduction or misuse of tbe 

catifiuttes. 

Article 6687b. V.T.C.S.. provides for the licensing of drivers, chauffeurs, and wmmercial 

operators. Section 7(a) of that article authorizes the Department of Public Safety, see 

V.T.C.S. art. 6687b. 8 l(1) (defining “department”), to license as a class c* driver an 

individual under the age of eighteen if, among other things, the individual “has submitted 

to the Department a driver education certifkte provided for by Section 9A [of the act], 

indicating that the person has completed and passed a driver education course approved 

by the Department under Section 7A [of article 6687b] or by the” agency.5 Even if the 

Department of Public Safety has not approved a public school’s driver education course, 

we wnclude that a student successMy completing such a course is entitled to receive a 

certiScate of completion necemary for obtaining a class C license under V.T.C.S. article 

4413(29c), section 9A. Our conclusion is premised on a determinanon that a public 

school’s driver education course is “approved by” the agency for purposes of section 9A if 

the public school’s course adheres to the curricui~ devised by the agency. 

Section 6(b) of the act rquires the wmmissioner of the agency to establish, by 

rule, the atrriculum and designate the textbooks that must be used in a driver education 

course.6 The act does not otherwise provide for the approval or monitoring of a driver 
Tbe Honorable Chris Harris - Page 4 (DM-386) 

education c~urse.~ A public school is, of wurse, exempt 6om section 6(b). See V.T.C.S. 

art. 4413(29c), $8 3(18). 7(c)(5). 

Section 29902(a) of the Education Code requks the agency to “develop a 

program of organi& instruction in driver education and tratlic safety for public school 

students.“* In our opinion, because the agency is responsible to organize the program of 

instruction in driver education and tratfic safety for public school students, we believe any 

public school that offers a course of instruction pursuant to the agency’s guidelines is 

approved by the agency for purposes of section 9A of the act. The agency must, 

accordingly, supply the cutikates of completion descrii in section 9A to a public 

school offering a driver education course in wmpliance with agency directives. The 

public school need not comply with any other requirements under the act to which private 

driver education courses are subject. Indeed, to require a public school to comply with 

sections of the act other than section 9A simply to receive the certhkates of completion 

wntravenes the act’s express statement that a public school is exempt from all sections but 

section 9A 

With respect to the oversight of a public school’s driver education wurse, the 

1995 amendments to the act actually make little change in the law. Prior to the effective 

date of the 1995 amendments, a public school’s driver education course was wholly 

exempt from the act. Thus, previous law did not require a public school to license its 

driver education course, nor was a public school’s driver education wurse subject to 

7Adriverakcationschool~howva,dUinaliceneebmtkPgcrry. Seeid.@lO. 

‘Seotioo 29.902 becarw &ctivc May 30.1995. See Act of May 27, 1995,74th Leg.. RS.. ch. 

26O.p 866, 1995 Tcx. Se% Law Serv. 2207.2505. The day before section 29.902 kcame dktive, 

May29,1995, the le@slatmc amended hy the ewctmwt of seaate Bii 964, fatioa 21.102 of the 

Education Code. Scr Act of May 29, 1995,74th Leg.. RS., ch. 1009. 8 I, 1995 Ta Scss. Law Sav. 

5047,504748. Wi* qsrd to the authority to ‘dewkp a pmgram of orSanbd inmwxion in driver 

cducationaadtratficsafctyforplblicrbool~”ScnatcBill964rrtaintdruchputborityinthc 

Texas Education A8cncy. See id. at 504748 (ammdiq Educ. Code 0 21.902(a)). 

Inregardtotheagencyauthoridtodaviscadriverdwation-brpahlicwhoolb%udw& 

ScnatcBii964diwlycordlicfswithSaatcBiil. Gaimuy,wbcrroBe&ofthclegirlrturehrr 

~~le~tothesameMtutc,“thclate6airldacofewcnnwt pttmils.” wt 

Cuk 8 311.025(b); see o&o 82 C.J.S. Statutes 5 9. ti 25 (1953) (Uatiq that during session lcgirlptivc 

body’mayQ~nd,Eoruiderandrsonsida,rccdtcnu”itsmemknthinkpropcr~”onlythe 

6nalmsultwiUkrc8ard&asthcthingdonc”). Inthiscasqhowver,SaateBitll@kitlypaovidgto 

thewnuary. Scction8lofthcbiiprovidaasfollowr: ~Actprevaibowanyw~Actoftk 

74tbLcgirkturc,RcgularScsEion,1995,thatuncaborrrpcalsapmviriondTitlclor5Education 

code,tegads6ofthemla~datcaof wactmw~tmlwstheothercosltlistingAct~provider 

cuhcmiw.” Act ofMay 27,1995,74lh Leg., RS.. ch. 260.0 81.1995 Ta .%ss. Law Serv. 2207.2504. 

siisenaleBii964dwaaotcxprrPdyRlpcncdcscwIeBi1,th amcdmamtotheaubuwo3of 

aatioo 21.102 (now &on 29.902) of tk Education Code in Senate Bii 1 pva% cj: Act & 

May29.1995, 74th Le& RS., ch. 426, 0 33(c), 1995 Tex. Sess. Law Serv. 3084. 3096 @ro~id@ 

arplicittythatpmvidwsdthatnatuteprevPilovaanyrevidonsmdebyScnMcBilll);MoC 

May 10.1995.74lb kg., RS., ch. 141,# 4.1995 Tea. Se.% Law SUV. 989,990 (ramC). 

p. 2121 
The Honorable Chris Harris - Page 5 (DM-386) 

monitoring by the agency. Relevant to the issue you raise, the only substantive change the 

amendments to the act e&ted is the requirement, in newly enacted section 9A, V.T.C.S. 

article 4413(29c), that the agency supply to “lkcnsed and exempt driver education 

schools” driver education ccrtitlcates. The 1995 amendments further require an applicant 

for a class C driver’s license to present the certi6cate of completion to the Department of 

Public Sdety.9 

We turn now to your second question: whether the wmmissioner of education 

(the “wmmissione?) must, afk September 1, 1995, finally approve a driving safety 

course that the wmmLssiottes approved “wnditionall~ or Yemporaril~ prior to 

September 1. 1995. &e V.T.C.S. art. 4413(29c). §3(16) (defining “approved driving 

safety wurse”). Article 4413(29c), section 13(a-I), V.T.C.S., requires the commissioner 

to approve the application of a driving safety school if the school meets certain criteria.~O 

ptiortothewwnwnt ofthl995~a&mhatdy54X@pwple 

ha[q~tothmtificataofw~l~onfor~ralcty~. Thiseasy 

-ha9madeadliogthaeb7edcmaforapria,withcmttakiegthe-. 

atltooeomnma 

HouseRcsw1chOrg..BiiAwlysk,S5.964,74thLc~. 116(1995). Webdkvewcmsyinferthstthc 

kgjdatadmirattoptevent-wholladmtwtttpktaiattPgprovcddriwcdwmioathmugbalicenrtdororanpdrivcrcducatwrcboo]~obtrininga~cuedEompletioqwhich 

mntldatabletkindividwltoapplyforadxivdsliwnse. Ourwnclwionheredownottuukmiwtbat 

kgidakde6ire. 

1% Seventy-fourth Le&latm added s§ion (a-l) to tick 4413(29c), section 13. 

V.T.C.S. See Aa ofMay 29, 1995, 74th Lq., RS.. ch 1009, 0 15, 1995 Tcx. Scss. hw Serv. 5047, 

5052 (aditkd at V.T.C.S. art. Ul3(29c), 8 13(&l)). The Seventy-fimlh Lc@atum ako amended 

a&ion 13(a) to apply only to driver cducaho schwk. &e id. (mdifial at V.T.C.S. art. Ul3(29c), 

0 13(a)). Prior to Scptmbm I, 1995, the act providal tbr tk wmmissionu to approve both types of 

dtivar miaiag whools under scotion 13(a). See Act ofMay 25. 1991,726 Leg, RS.. ch 835. 0 I. 1991 

Tu. &u Laws 2875, 2879-80 (wdi6aJ at V.T.C.S. art. Ul3(29c), p 13(a)), amended by AU of 

May 29.1995.74tb Leg., RS., ch 1009.§ IS. 1995 Ta Set& Law Sav. 5047.5052. Tk amdrmts 

p. 2122 
The Honorable Chris Harris - Page 6 (DM-386) 

Upon approd the driving safety school receives a license from the wmmissionex See 

V.T.C.S. art. 4413(29c), Q 13(d)(l); d Act of May 30. 1993, 73d Leg., RS., ch. 954, 

0 5, 1993 Tar. Gen. Laws 4071.4073 (codi6ed at V.T.C.S. art. 4413(29c), Q 13(d)(l)), 

umenukdby Act of May 29, 1995.74th Leg.. RS., ch. 1009, 5 15, 1995 Tar. Sess. Law 

Serv. 5047. 5055. A license may not exceed one year in term. V.T.C.S. art. 4413(29c). 

5 WX2). 

Section 13(f) authorizes the commissioner to revoke a driving safety 8chool’8 

iicutse or impose reasonable conditions on the license.. The wmmissioner also may 

revoke or make wnditional any license if the commissioner has reason to believe the 

licwsee violated the act or any rule adopted pursuant to the act. V.T.C.S. art. 4413(29c). 

8 13(f)(2). We find no explicit authority for a temporary license. 

Prior to September 1,1995, the act required a driving safety school to submit to 

the commissioner an initial license fee of $1,700 plus $850 for each branch location. See 

Act of Uay 30, 1993, 73d Leg., RS., ch. 954, 5 5, 1993 Tar. Gen. Laws 4071, 4072 

(cod&d at V.T.C.S. art. 4413(29c), Q 13(b)(l)(A)), mergded by Act of May 29, 1995, 

74th Leg., RS.. ch. 1009.~ IS.1995 Tex. Sess. Law Serv. 5047.5054. We do not iind 

inthe~cthitacistedpriortoSeptemba1,1995,~yrequiranmt~afwaccompMy 

an application for approval of a driving safety course. 

The Sevmty-fourth Legislature amended article 4413(29c), section 13(b)(l)(G), to 

require a nonrefbndable fw of $9,000 to accompany an “application for approval of a 

driving safety wurse that has not been evshted by the State Board of Education.” See 

Act of May 29, 1995.74th Leg., RS.. ch. 1009, 4 15, 1995 Tar. Sess. Law &IV. 5047, 

5054. Notwithstanding this section, a driving safety wurse that. the agency approved 

prior to September 1, 1995, need not be reapproved, “and no fee is owed in relation to 

approval of the course unless the fee became due before” September 1,199s. Id. 5 32(b), 

at 5065. 

As we understand your question, you are uncertain as to wheth~ a licensee upon 

whom the wmmissioner of education imposed w&ions prior to September 1, 1995, 

must again apply for a license and submit the $9,000 application fee to regain permanent 

liwnsure status after September 1,1995. We note that tbe wmmissioner may impose 

wnditions only on a driving safety school. See V.T.C.S. art. 4413(29c). 6 13(f). Gn the 

0th~ hand, the $9.000 application fee is to accompany an application for “approval of a 

driving safety course.” Id. 5 13(b)(l)(G) (emphasis addedj. Conseqttently~ we tind 

nothing on the face of the act that requires a driving saf* school holding a licen.% dthK 

conditional or unconditional, to pay the application fee under section 13(b)(l)(G) unless 

the school desires to change the driving safety course it offers. 

p. 2123 
The Honorable Chris Hatris - Page 7 (DM-386) 

Moreov~, we do not believe that a driving safety school upon whose license the 

wnunissioner has imposed wndhions must reapply for a license. Article 4413(29c), 

section 13(t) provides the wmmissioner with a choice: either the wmmissioner may 

revoke the license of a driving safety school, or the wnunissioner may impose conditions 

upon the ticense. Unless a driving safety school’s license is revoked its license rem&s in 

e-&t, and the driving safety school need not apply for a new license. 

SUMMARY 

Any public school offering the program of otganimd instruction 

in drive education and tra5c safety that the Texas Education 

Agency has adopted purmant to section 29902(a) of the Education 

Code is offering an “approved driver education course” for purposes 

of V.T.C.S. attide 4413(29c), section 9A. The Texas Education 

Agency must, in accordance with article 4413(29c), section 94 

supply such a public school with “serially nmbered driver education 

certiticates to be used for certif& completion” of the course. 

Nothing in article 4413(29c), V.T.C.S., requires a licensed 

driving safety school. upon which license the wmmissioner of 

education has imposed wnditiom purmant to article. 4413(29c), 

section 13(f), to pay an application f# under section 13@)(I)(G) 

unless the school desires to change the driving ssfety course it offers. 

Additionally, a licensed driving s&y school, upon which license the 

wmmissioner has imposed wnditions, need not apply for a new 

liwnse. 

DAN MORALES 

Attorney General of Texas 

JORGE VEGA 

Pii Assistant Attorney General 

SARAH J. SHIRLEY 

Cbair,Opiion c0tinc.e 

Prepared by Kytnberly K. Oltrogge 

hsistant Attorney General 

p. 2124