DAN MORALES 

ATTORSEI GENERAL 

QBffice of tty Bttornep &herd 

Mate of Eexae 

Mr. James R Wilson 

Director 

Texas Depar&ment of Public Safety 

P.O. Box 4087 

Austin, Texas 78773-0001 

June 13, 1996 

Opinion No. DM-QOO 

Re: Whether a parent or guardian who 

teaches a driver education course under 

section 7A of article 6687b, V.T.C.S., must 

be licensed under article 4413(29c), 

V.T.C.S., and related questions (RQ-866) 

Dear Mr. Wilson: 

On behalf of the Texas Department of Public Safety (“department”) you a& 

several questions about Senate Bii 964 of the Seventy-fourth Legislature, which regulates 

the teaching of driver education. Act of May 29, 1995, 74th Leg., RS., ch. 1009, $ 1, 

1995 Tex. Sess. Law Serv. 5047. You first ask whether a parent or legal guardian who 

teaches a driver education course approved by the Department of Public Safety under 

section 7A of article 6687b, V.T.C.S.,’ must be licensed as a commercial driver training 

school and otherwise meet the requirements of V.T.C.S. article 4413(29c), section 10. 

Section 7A, adopted by Senate Bill 964, provides as follows: 

‘(a) The Department by rule shall provide for approval of a 

driver training course given by the parent or legal guardian of a 

person who is required to complete successllly a driver training 

course to obtain a Class C license. The rules must provide that: 

(1) the parent or guardian be a licensed driver; 

(2) the student driver spend a minimum number of hours in: 

(A) classroom instruction; and 

(B) behind-the-wheel instruction; 

WIG Seventy-kwth Legislahwe rcpalcd article 6687b, V.T.C.S., and xmwted its provtsions in 

chapter 521 of the Transportation code, as part of the ongoing revision of the slate’s general statutes 

without substantive change. Act of May 1, 1995,74th Leg., RS., ch. 165.58 1,24, 1995 Tex. Sess. Law 

Serv. 1025, 1870. The repeal of arliclc 668%. V.T.C.S., by Ihe Tmnsporlation Code does not alkt 

ameodments to axtide 6687b by the Seventy-foti Legislature. God Code 8 311.031. The amendments 

arcprservcdandgivcneffcctaspartofthecodeprovisionthatrcviscdtheamendcd~tute. Inthis 

opinion, we will refer to the provision you inquire about as section 7A of former arlicle 6687b, V.T.C.S. 
Mr. James R. Wilson - Page 2 (DM-400) 

(3) the parent or guardian not be convicted of: 

(A) criminally negligent homicide; or 

(B) driving while intoxicated; and 

(4) the parent or guardian not be disabled because of 

mental illness. 

(b) The Department may not approve a course unless it 

determines that the course materials are at least equal to those 

required in a course approved by the Central Education Agency, 

except that the Department may not require that: 

(1) the classroom instruction be provided in a room having 

particular characteristics or equipment; or 

(2) the vehicle used for the behind-the-wheel instruction 

have equipment other than the equipment otherwise required by 

law for operation of the vehicle on a highway while the vehicle is 

not being used for driver training. 

(c) The rules must provide a method by which: 

(1) approval of a course is obtained, and 

(2) an applicant submits proof of completion of the course. 

(d) Completion of a driver training course approved under this 

section has the same effect under this Act as completion of a driver 

training course approved by the Central Education Agency.z 

Act ofMay 29, 1995, R.S., ch. 1010, 5 30, 1995 Tex. Sess. Law Serv. 5047,5064. 

Persons who must successfilly complete a driver training course to obtain a class 

C license are described in the following provision: 

(a) The Department may license a person as a Class C driver 

who is under the age of eighteen (18) years, provided the person: 

(1) is sixteen ( 16) years of age or older 

(2) has submitted to the Department a driver education 

certificate provided for by Section 94 Texas Driver and Tratlic 

Safety Education Act (Article 4413(29c), Vernon’s Texas Civil 

ZA refcrcnce in law to the Central Education Agency means the Texas Education Agency. Act of 

May 27, 1995,74th Leg., RS., ch. 260,§ SO,1995 Tex. Sess. Law Serv. 2207,2504. 

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Mr. James R. Wilson - Page 3 (DM-400) 

Statutes), indicating that the person has completed and passed a 

driver education course approved by the Department under 

Section 7A of this Act or by the Central Education Agency;’ 

(3) has obtained a high school diploma or its equivalent or 

is a student enrolled in a public, home, or private school who 

attended school for at least 80 days in the fall or spring semester 

preceding the date of application, or has been enrolled for at 

least 45 days, and is currently enrolled, in a program to prepare 

persons to pass the high school equivalency exam; and 

(4) has passed the examination required by Section 10 of 

this Act.4 

Act of May 29, 1995, R.S., 1009, 5 25(a)(2), 1995 Tex. Sess. Law Serv. 5047, 5061-62 

(amending section 7 of article 6687b, V.T.C.S., now codified as section 521.204 of the 

Transportation Code).J 

Article 4413(29c), V.T.C.S., requires the Texas Education Agency to license and 

regulate driver training schools and driver training instructors. V.T.C.S. art. 4413(29c), 

3 2. Section 10 of article 4413(29c) provides that “[a] person may not operate a driver 

training school unless a driver training school license for the school has been secured.” 

The term “driver training school” in section 10 includes “driver education school” and 

“driving safety school” as defined in section 3 of article 4413(29c), V.T.C.S. Id. 5 3(4), 

(5), (7), (IS), (21). A “driver education school” is defined as 

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 

Id. § 3(18). A “driving safety school” is defined in similar terms. Id. 5 3(21). Section 13 

of article 4413(29c) states the criteria that a driver education school must meet to be 

licensed by the Texas Education Agency. A “driver training course” given pursuant to 

?Yee note 2. 

?Section 10 of article 6687b. V.T.C.S. has been mcodifii as Tmnsporlation Code sections 

521.161 and 521.163 through ,166. See note 1. Section 521.161 ofthe Transportation Code requites the 

Depammat of Public Safely to examine each applicant for a driver’s license. Transp. code 5 521.161(a). 

The examination most include a M of the applicant’s vision, ability to identify and understand highway 

signs, and knowledge of the t&tic Laws of the state; a demonstration of the individual’s ability to operate 

the motor vehicle, and any additional examination the department finds necessary to de&mine the 

applicant’s fitness to operate a motor vehicle safely. Id. 5 521.161(b). 

%ee note 1. 

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Mr. James R. Wilson - Page 4 (DM-400) 

section 7A of article 6687b, V.T.C.S., by the parent or legal guardian to a child or ward 

does not fit the above definition of “driver education school.” Some of the requirements 

that a driver education school must meet to secure a license would be irrelevant to “a 

driver training course” given by a parent or legal guardian. For example, a driver 

education school must have “adequate . instructors to provide training of good quality,” 

V.T.C.S. art. 4413(29c), 5 13(a)(2), provide “a copy of the schedule of tuition, fees, 

retimd policy, and other charges, id. 5 13(a)(4), and be “financially sound and capable of 

tUilling its commitments for training,” id. $ 13(a)(8). A parent or legal guardian who 

teaches a “driver training course” approved by the Department of Public Safety under 

section 7A of article 6687b, V.T.C.S., is not required to be licensed as a commercial 

driver training school and otherwise meet the requirements of section 10, article 

4413(29c), V.T.C.S. Of course, the “driver training course” taught by a parent or legal 

guardii must meet the requirements set out in section 7A in order to be approved by the 

department. 

You next ask whether the parent or legal guardian who teaches such a driver 

training course must be involved in “home school” instruction of the person to be taught.6 

This question arises because of remarks by Representative Horn who proposed the 

amendment to Senate Bill 964 that added section 7A.’ Senate Bill 964 was introduced as 

a comprehensive bill to reform and overhaul driver safety and education. Representative 

Horn stated that his amendment “allows for home schoolers to be able to have their 

parents teach them or to attend their public school that offers this course.“* He did not 

say that his amendment would allow only home-schooled children to be taught to drive by 

their parent or guardian, but information submitted to us in connection with tbis opinion 

request indicates that the amendment was understood to apply only to home-schooled 

children. 

Nothing in the wording of section 7A limits its effect to the parent or legal 

guardian of a home-schooled child. It applies to “‘the parent or legal guardian of a person 

who is required to complete successfully a driver training course to obtain a class C 

6Thc Texas Supreme Court has held that a home school can k a private school within the 

statutory exception to the compulsory attendance law, so long as children are taught in a bona fide manner 

from curriculum designed to meet basic education goals. Tcxac Educorion Agency Y. Leeper, 893 S.W.Zd 

432 flex. 1994); see Educ. Code 5 25.086(a) (exempting a child from requirements of compulsory school 

allendance if the child attends a private or parochial school that includes in its course a study of good 

citizenship). 

‘Representative Horn proposed a floor amendment to Senate Bill 964 consisting of section 7A of 

article 6687h, V.T.C.S., and conforming amendments 10 other sections of the bill. The proposed 

amendment was adopted hy the House of Representatives without objection. H.J. of Tex., 74th Leg., at 

3064-65 (1995). 

%&ate on S.B. 964 on the Floor of the House, 74th Leg., RS. (?&y 19, 1995) (tape available 

from the House Video/Audio Services Office). 

p. 2197 
Mr. James R. Wilson - Page 5 (DM-400) 

license.” Act ofMay 29, 1995, R.S., ch. 1009, $30, 1995 Tex. Sess. Law Serv. 5047, 

5064. Any person who is at least sixteen years of age but under the age of eighteen must 

submit a certificate indicating successtU completion of a driver education course to obtain 

a class C driver’s license. See Tramp. Code 8 521.204 ur amended by Act of 

May 29, 1995, 74th Leg., R.S., ch. 1009, 3 25(2), 1995 Tex. Sess. Law Serv. 5061-62. 

The language of section 7A includes the parents or guardians of all such persons. 

If the language of a statute is unambiguous, the intent of the legislature must be 

sought in the plain and common meaning of the words and terms used. Sorokolit Y. 

Rho&s, 889 S.W.2d 239 (Tex. 1994). When interpreting a statute, a court seeks to 

etlbctuate the “collective” intent or purpose of the legislators who enacted the legislation. 

Soykin v. Stare, 818 S.W.2d 782, 785 (Tex. Grim. App. 1991). To accomplish this, it 

necessarily focuses its attention on the literal text of the statute, “because the text of the 

statute is rhe law in the sense that it is the only thing actually adopted by the legislators, 

probably through compromise.” Id. (emphasis in ~riginaJ).~ If the meaning of the 

provision should have been plain to the legislators who voted on it, the courts ordinarily 

give effect to that plain meaning. Id. Although section 3 11.023 of the Government Code 

authorizes the courts to consider legislative history, whether or not the statute is 

ambiguous on its face, when the statute is not ambiguous, the courts should not rely on 

that authority to change the provisions of the statute. Id. at 789, n.4. Accordingly, giving 

effect to the plain language of section 7A, we conclude that it does not require the parent 

or legal guardian who teaches a driver training course to be involved in “home school” 

instruction of the person to be taught.10 

You next ask whether the Texas Education Agency may provide to the 

Department of Public Safety the certificates of course completion for those persons who 

have successtidly completed courses under section 7A of article 668713. Section 9A of 

article 44 13(29c), enacted by Senate Bill 964, provides in part: 

The agency shall print and supply to licensed and exempt driver 

education schools serially numbered driver education certificates to 

be used for certifying completion of an approved driver education 

course for the purposes of Section 7(a), Chapter 173, Acts of the 

47th Legislature, Regular Session, 1941 (Article 6687b, Vernon’s 

me conference committee appointed to adjust the differences between the Senate and the House 

of Representatives on Senate Bill 964 approved the adoption of section 7A. Bill File, S.B. 964,74tb Leg., 

R.S. (1995) (tiled in Legislative Reference Library). 

toWe have received a number of letters from members of the public who raise serious questions 

about the wisdom of section 7A. Subject to constitotional limitations, the legislature has power to declare 

the public policy of the state. Scarborough v. Pqwe, 198 S.W.Zd 917 flex. Civ. App.-San Antonio 

1947, wit refd); see McCain v. Yost, 284 S.W.Zd 898 (Tex. 1955); McGregor v. Clmvson, 506 S.W.Zd 

922 flex. Civ. App.-Waco 1974, no wit). Arguments about changing the policy refkcted in section 7A 

should be addwsed to the legislatore. 

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Mr. James R. Wilson - Page 6 (DM-400) 

Texas Civil Statutes) [now codified as section 521.204 of the 

Transportation Code]. 

Id. $9A (adopted by Act ofMay 29, 1995,74th Leg., R.S.: ch. 1009 $9, 1995 Tex. Sess. 

Law Serv. 5050). Former section 7(a) of article 6687b, V.T.C.S., was amended by Senate 

Bill 964 to provide as follows: 

(a) The Department may license a person as a Class C driver 

who is under the age of eighteen (18) years, provided the person: 

(1) is sixteen (16) years of age or older; 

(2) has submitted to the Department a driver education 

certiticate provided for by Section 94 Texas Driver and TrafEc 

Safety Education Act (Article 4413(29c), Vemons Texas Civil 

Statutes), indicating that the person has completed and passed a 

driver education course approved by the Department under 

Section 7A of this Act or by the Central Education 

Agency;“. . [has obtained high school diploma or is enrolled in 

program to obtain it and has passed examination required by 

driver’s license law]. 

Act of May 29, 1995, 74th Leg., R.S., ch. 1009, § 25(2), 1995 Tex. Sess. Law Serv. 

5047, 5061-62 (amending section 7 of article 6687b, V.T.C.S., now codified as section 

521.204 of the Transportation Code). Former section 7(a) of article 6687b, V.T.C.S, as 

amended by Senate Bill 964, shows that the legislature intended a person to receive a 

driver education certiftcate provided for by section 9A of article 4413(29c), V.T.C.S., if 

the person has completed and passed a driver education course approved by the 

department under section 7A. Moreover, section 7A(d) provides that completion of a 

driver training course approved under that section “has the same effect as completion 

of a driver training course approved” by the Texas Education Agency. Section 9A must 

be read in harmony with the other provisions of Senate Bill 964. Barr v. Bernhmd, 562 

S.W.Zd 844 (Tex. 1978); Black v. American Bankers Ins. Co., 478 S.W.2d 434 (Tex. 

1972). Senate Bill 964 contemplates that certificates of course completion will be made 

available to persons who have successfully completed courses under section 7A of article 

6687b, V.T.C.S. Act of May 29, 1995, 74th Leg., R.S., ch. 1009, § 30, 1995 Tex. Sess. 

Law Serv. 5047, 5064. Some cooperation between Texas Education Agency and the 

department will be necessary to carry out this legislative purpose. We believe that the 

Texas Education Agency may provide to the Department of Public Safety the certificates 

of course completion for those persons who have successfully completed courses under 

section 7A of article 6687b. 

llSec note 2. 

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Mr. James R. Wilson - Page 7 (DM-400) 

YOU finally ask whether the department may, by rule, set out the minimum course 

curriculum elements required for approval of a course of driver education by a parent or 

legal guardian under section 7A of article 6687b. In our opinion, section 7A authorizes 

the department to adopt a rule stating the minimum course curriculum elements required 

of a driver training course under section 7A. 

Section 7A(a) provides that the department “by rule shall provide for approval of a 

driver training course given by the parent or legal guardian,” setting out certain provisions 

that the rules must include, and section 7A(c) requires the department’s rules to provide a 

method by which approval of a course is obtained. Section 7A(b) states that the 

department “may not approve a course unless it determines that the course materials are at 

least equal to those required in a course approved by the [Texas] Education Agency,” 

stating certain provisions that the rules may not include. To implement section 7A(b), the 

department must be able to identify the minimum course materials that meet the statutory 

standard, and we believe that it may adopt a rule listing and/or describing these materials. 

Accordingly, the department’s rule-making authority under section 7A authorizes it to 

adopt a rule setting out the minimum course curriculum elements required for approval of 

a course of driver education by a parent or legal guardian pursuant to that section. The 

department’s rules must be consistent with the express provisions of section 7A. A parent 

or legal guardian will not be authorized to teach a driver education course to a child until 

the department’s rules are in place and the department has approved the particular course 

to be given by the parent or guardian. 

SUMMARY 

The Seventy-fourth Legislature enacted Senate Bill 964, which 

added section 7A to former article 6687b, V.T.C.S., now codified as 

Transportation Code, chapter 521. Section 7A requires the 

Department of Public Safety to provide by rule “for approval of a 

driver training course given by the parent or legal guardian” of a 

person who must complete a driver training course to obtain a class 

C license. The parent or legal guardian who teachers such a driver 

training course is not required to be licensed as a commercial driver 

training school pursuant to article 4413(29c), V.T.C.S., nor must the 

parent or legal guardian be involved in the “home school” instruction 

of the person to be taught a driver training course. The Texas 

Education Agency may provide to the Department of Public Safety 

certificates of course completion for those persons who have 

successtblly completed courses under section 7A of article 6687b. 

The department may, by rule, set out the minimum course curriculum 

elements required for approval of a course of driver education to be 

taught by a parent or legal guardian under section 7A of article 

6687b, V.T.C.S. A parent or legal guardian will not be authorized to 

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Mr. JarnesR. Wilson - Page 8 (DM-400) 

teach a driver education course to a child until the department’s rules 

are in place and the department has approved the particular course to 

be given by the parent or guardian. 

DAN MORALES 

Attorney General of Texas 

JORGE VEGA 

Fist Assistant Attorney General 

SARAH J. SHJRLEY 

Chair, Opinion Committee 

Prepared by Susan L. Garrison 

Assistant Attorney General 

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