reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.115 - Health and Safety Standards-Eyelash Extension Application Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A practitioner
				offering the eyelash extension application service must wash the practitioner's
				hands with soap and water prior to performing any services on a
				client.
(b) Equipment, implements,
				and materials must be properly cleaned and disinfected prior to providing
				services.
(c) Chairs and beds,
				including headrests, must be cleaned and disinfected after providing services
				to each client. The chair and beds must be made of or covered in a non-porous
				material that can be disinfected.
(d) After each client, the following
				implements must be cleaned and disinfected: tweezers, nasal aspirator or
				electric eyelash dryer and other items used for a similar purpose.
(e) The following implements are single-use
				items and must be discarded in a trash receptacle after use: disposable gloves,
				tissues, disposable wipes, fabric strips, surgical tape, eye pads, extensions,
				cotton swabs, face mask, brushes, extension pads and other items used for a
				similar purpose.
(f) The following
				items that are used during services must be replaced with clean items for each
				client: disposable and terry cloth towels, hair caps, headbands, brushes,
				gowns, spatulas that contact skin or products from multi-use
				containers.
(g) A practitioner must
				use only properly labeled semi-permanent glue and semi-permanent glue remover
				that must be used according to the manufacturer's instructions.
(h) Extensions must be stored in a sealed bag
				or covered container and must be kept in a clean dry, debris-free storage
				area.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.120 - Technical Requirements-Curriculum Standards (before August 1, 2023)

Current through Reg. 49, No. 28; July 12, 2024
(a) Operator
				Curricula.
Attached
				  Graphic
(b)
				Specialist Curricula.
Attached
				  Graphic
(c)
				Distance Education.
(1) Schools offering
				distance education may not designate more than 25% of the total hours in each
				course as theory hours.
(2) A
				student may obtain the following distance education hours:
(A) a maximum of 250 hours out of the 1,000
				hour operator course;
(B) a maximum
				of 75 hours out of the 300 hour class A barber to operator course;
(C) maximum of 150 hours out of the 600 hour
				manicure course;
(D) a maximum of
				188 hours out of the 750 hour esthetician course;
(E) a maximum of 300 hours out of the 1200
				hour esthetician/manicurist course;
(F) a maximum of 80 hours out of the 320 hour
				eyelash extension course; and
(G) a
				maximum of 75 hours out of the 300 hour hairweaving course.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.200 - License Requirements-Individuals (on or after September 1, 2023)

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
				for a practitioner license, an applicantmust:
(1) submit a completed application in the
				manner prescribed by the department;
(2) pay the applicable fee required under
				§83.201;
(3) be at least 17
				years of age;
(4) have completed
				the hours of instruction required under §83.202 at a licensed
				school;
(5) pass a written and
				practical examination required under §83.21;
(6) have not committed an act that
				constitutes a ground for denial of the license; and
(7) meet other applicable requirements of the
				Act and this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.201 - Fees (on or after September 1, 2023)

Current through Reg. 49, No. 28; July 12, 2024
(a) Application
				fees.
(1) Class A Barber License or Operator
				License--$50
(2) Specialty
				Practitioner License (Esthetician, Manicurist, Esthetician/Manicurist, Eyelash
				Extension, Hair Weaving, or Hair Weaving/Esthetician)--$50
(3) Full-Service Establishment
				License--$78
(4) Specialty
				Establishment License--$78
(5)
				Mini-Establishment License--$70
(6)
				Mobile Establishment License--$78
(7) School License--$380
(8) Student Permit--$25
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.202 - Technical Requirements-Curriculum Standards (on or after August 1, 2023)

Current through Reg. 49, No. 28; July 12, 2024
(a) The cosmetology
				operator and class A barber curricula consist of 1,000 clock hours or
				equivalent credit hours, as follows:
(1)
				Theory and related practice: anatomy and physiology; diseases and disorders of
				the skin, scalp, hair and nails; chemistry (haircoloring, chemical waving, and
				relaxing); bacteriology, sterilization and sanitation, health, safety, first
				aid, laws and rules; tools and equipment; hair care and related theory;
				business skills and establishment management; skin care and related theory;
				hair removal; nail care and related theory; electricity; haircutting;
				hairstyling; hair and scalp treatments, scalp massage; hairweaving, extensions;
				chemical textures and applications; face and neck massage and treatments;
				facial hair removal; manicuring; waxing and removing body hair; customer
				service and professional ethics; makeup; pedicuring; artificial nails. 700
				hours.
(2) The standards for the
				operator curriculum must include Specialty Practice and related theory: eyelash
				semi-permanent extensions; advanced hair care and advanced chemical services;
				and related practices. 300 hours.
(3) The standards for the class A barber
				curriculum must include Specialty Practice and related theory: shaving with any
				razor type and razor techniques; mustache and beard care; advanced hair care
				and men's haircutting; and related practices. 300 hours.
(4) A school may enroll a student
				simultaneously in both the cosmetology operator course and the class A barber
				course if the student seeks to obtain both license types. The student must
				complete all the requirements under subsections (a)(1) through (a)(3) to obtain
				both license types.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter A - GENERAL PROVISIONS › Section 84.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
This chapter is promulgated under Texas Occupations Code,
					 Chapter 51; Texas Education Code, Chapters 29 and 1001; and Texas
					 Transportation Code, Chapter 521.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter A - GENERAL PROVISIONS › Section 84.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
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, or postsecondary 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) Endorsement - The method by which a
				  driver education course is delivered to the student, whether in-person, online
				  or parent-taught.
(9) 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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter A - GENERAL PROVISIONS › Section 84.3 - Materials Adopted by Reference

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter B - DRIVER TRAINING AND TRAFFIC SAFETY ADVISORY COMMITTEE › Section 84.30 - Membership

Current through Reg. 49, No. 28; July 12, 2024
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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter B - DRIVER TRAINING AND TRAFFIC SAFETY ADVISORY COMMITTEE › Section 84.31 - Duties

Current through Reg. 49, No. 28; July 12, 2024
The advisory committee shall provide advice and
					 recommendations to the department on rules, educational and technical matters
					 relevant to the administration of the Code and this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter B - DRIVER TRAINING AND TRAFFIC SAFETY ADVISORY COMMITTEE › Section 84.32 - Terms; Vacancies

Current through Reg. 49, No. 28; July 12, 2024
(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
				  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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter B - DRIVER TRAINING AND TRAFFIC SAFETY ADVISORY COMMITTEE › Section 84.33 - Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) The presiding
				  officer of the commission must 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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter C - DRIVER EDUCATION SCHOOLS AND INSTRUCTORS › Section 84.40 - Driver Education Provider Licensure Requirements

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter C - DRIVER EDUCATION SCHOOLS AND INSTRUCTORS › Section 84.41 - Driver Education Provider Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter C - DRIVER EDUCATION SCHOOLS AND INSTRUCTORS › Section 84.42 - Motor Vehicles

Current through Reg. 49, No. 28; July 12, 2024
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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter C - DRIVER EDUCATION SCHOOLS AND INSTRUCTORS › Section 84.44 - Driver Education Instructor License

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter C - DRIVER EDUCATION SCHOOLS AND INSTRUCTORS › Section 84.45 - Student Progress

Current through Reg. 49, No. 28; July 12, 2024
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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter C - DRIVER EDUCATION SCHOOLS AND INSTRUCTORS › Section 84.46 - Attendance and Makeup

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter C - DRIVER EDUCATION SCHOOLS AND INSTRUCTORS › Section 84.47 - Student Conduct Policy

Current through Reg. 49, No. 28; July 12, 2024
A statement regarding the following must be provided to the
					 parent or guardian signing the contract:
(1) conditions for dismissal; and
(2) conditions for reentry of
				  students.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter C - DRIVER EDUCATION SCHOOLS AND INSTRUCTORS › Section 84.48 - Accommodations for Deaf or Hard of Hearing Students

Current through Reg. 49, No. 28; July 12, 2024
(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
				  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 license, the applicant must provide the provider's plan for complying
				  with §84.48(a).
(c) A provider
				  will be in compliance with §84.48, if the provider utilizes the
				  department's online driver education course described in §1001.059 of the
				  Code.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter D - PARENT-TAUGHT DRIVER EDUCATION › Section 84.51 - Submission of Parent-Taught Course for Department Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  curriculum and all materials meet or exceed the applicable minimum standards
				  set forth in 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 driver education curriculum
				  requirements, state law, or administrative rules. The department will notify
				  the 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 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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter D - PARENT-TAUGHT DRIVER EDUCATION › Section 84.52 - Cancellation of Department Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  department-approved 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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter E - DRIVING SAFETY SCHOOLS, COURSE PROVIDERS AND INSTRUCTORS › Section 84.60 - Driving Safety Provider License Requirements

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter E - DRIVING SAFETY SCHOOLS, COURSE PROVIDERS AND INSTRUCTORS › Section 84.61 - Driving Safety Provider Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter F - [Repealed effective 6/1/2023] DRUG AND ALCOHOL AWARENESS PROGRAMS AND INSTRUCTORS › Section 84.70

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter F - [Repealed effective 6/1/2023] DRUG AND ALCOHOL AWARENESS PROGRAMS AND INSTRUCTORS › Section 84.71

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter F - [Repealed effective 6/1/2023] DRUG AND ALCOHOL AWARENESS PROGRAMS AND INSTRUCTORS › Section 84.72

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter G - GENERAL BUSINESS PRACTICES › Section 84.80 - Names and Advertising

Current through Reg. 49, No. 28; July 12, 2024
(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.
(b) Use of names other than the approved
				  provider name may constitute a violation of this section.
(c) Branch providers must conduct business
				  using the same name as the primary driver education provider.
(d) Any publicly posted advertisement from a
				  license applicant subject to license approval by the department must 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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter G - GENERAL BUSINESS PRACTICES › Section 84.81 - Recordkeeping Requirements

Current through Reg. 49, No. 28; July 12, 2024
(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;
(C) the date instruction
				  terminated, if applicable;
(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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter G - GENERAL BUSINESS PRACTICES › Section 84.82 - Driver Training Provider Student Enrollment Contracts

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter G - GENERAL BUSINESS PRACTICES › Section 84.83 - Student Complaints

Current through Reg. 49, No. 28; July 12, 2024
Driver training providers must make every effort to resolve
					 disputes between students and the provider.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter G - GENERAL BUSINESS PRACTICES › Section 84.84 - Notification of Public Interest Information and Participation

Current through Reg. 49, No. 28; July 12, 2024
Consumers and service recipients must 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 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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter G - GENERAL BUSINESS PRACTICES › Section 84.85 - Statement of Assurance

Current through Reg. 49, No. 28; July 12, 2024
(a) Driver training
				  providers must 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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter H - FACILITIES AND EQUIPMENT FOR DRIVER EDUCATION SCHOOLS, DRIVING SAFETY SCHOOLS AND DRUG AND ALCOHOL AWARENESS SCHOOLS › Section 84.90 - Facilities and Equipment

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter I - INSPECTIONS › Section 84.100 - Inspections-General

Current through Reg. 49, No. 28; July 12, 2024
(a) Driver
				  education providers must 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 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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter I - INSPECTIONS › Section 84.101 - Initial Inspections-Inspection of Driver Education Providers Before Operation

Current through Reg. 49, No. 28; July 12, 2024
(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
				  request an initial inspection from the department.
(c) Upon receipt of the owner's request, the
				  department must schedule the initial inspection date and notify the
				  owner.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter I - INSPECTIONS › Section 84.103 - Driver Training Provider Audits

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may conduct an audit of the courses offered by a driver training provider.
				  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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter J - DRIVER EDUCATION AND DRIVING SAFETY SCHOOL CANCELLATION AND REFUND › Section 84.200 - Cancellation and Refund Policy

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter K - FEES › Section 84.300 - Driver Education Fees

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter K - FEES › Section 84.301 - Driving Safety Fees

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter L - COMPLAINTS AND ENFORCEMENT PROVISIONS › Section 84.400 - Administrative Penalties and Sanctions

Current through Reg. 49, No. 28; July 12, 2024
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,
					 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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter L - COMPLAINTS AND ENFORCEMENT PROVISIONS › Section 84.401 - Enforcement Authority

Current through Reg. 49, No. 28; July 12, 2024
The enforcement authority granted under Texas Education
					 Code, Chapter 1001, and Texas Occupations Code, Chapter 51 and any associated
					 rules may be used to enforce Texas Education Code, 1001 and this
					 chapter.