Texas House Bill 1190

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Texas House Bill 1190

Currently there is a House bill in Texas that will affect all defensive driving courses in Texas .
The bill is the following:
By: Flynn H.B. No. 1190
A BILL TO BE ENTITLED
AN ACT
relating to statutory minimum fees for driving safety courses.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 1001.205, Education Code, is amended to
read as follows:
       Sec. 1001.205.  REQUIREMENTS FOR DRIVING SAFETY SCHOOL
LICENSE. The commissioner shall approve an application for a
driving safety school license if on investigation the agency
determines that the school:
             (1)  has driving safety courses, curricula, and
instruction of a quality, content, and length that reasonably and
adequately achieve the stated objective for which the course,
curricula, and instruction are developed by the course provider;
             (2)  has adequate space, equipment, instructional
material, and instructors to provide training of good quality;
             (3)  has instructors and administrators who have
adequate educational qualifications and experience;
             (4)  maintains adequate records as prescribed by the
commissioner to show attendance and progress or grades and enforces
satisfactory standards relating to attendance, progress, and
conduct;
             (5)  complies with all county, municipal, state, and
federal laws, including fire, building, and sanitation codes and
assumed name registration;
             (6)  has administrators, owners, and instructors who
are of good reputation and character;
             (7)  does not use erroneous or misleading advertising,
either by actual statement, omission, or intimation, as determined
by the commissioner;
             (8)  does not use a name similar to the name of another
existing school or tax-supported educational establishment in this
state, unless specifically approved in writing by the commissioner;
             (9)  maintains and uses the approved contract and
policies developed by the course provider;
             (10)  does not owe an administrative penalty under this
chapter;
             [(11)   will not provide a driving safety course to a
person for less than $25;] and
             (11) [(12)]  meets additional criteria required by the
commissioner.
       SECTION 2.  Section 1001.352, Education Code, is amended to
read as follows:
       Sec. 1001.352.  FEES FOR DRIVING SAFETY COURSE. A course
provider shall charge each student[:
             [(1) at least $25 for a driving safety course; and
             [(2)] a fee of at least $3 for driving safety course
materials and for supervising and administering the course.
       SECTION 3.  The change in law made by this Act to Section
1001.205, Education Code, applies only to an application for a
driving safety school license submitted on or after the effective
date of this Act. An application for a driving safety school
license submitted before the effective date of this Act is governed
by the law in effect immediately before the effective date of this
Act, and that law is continued in effect for that purpose.
       SECTION 4.  The change in law made by this Act to Section
1001.352, Education Code, applies only to a driving safety course
provided on or after the effective date of this Act. A course
provided before the effective date of this Act is governed by the
law in effect immediately before the effective date of this Act, and
the former law is continued in effect for that purpose.
       SECTION 5.  This Act takes effect September 1, 2013.
We are petitioning to prevent the passing of Texas House Bill 1190.In summary, five reasons to be opposed to HB 1190, although there are many, many more:
1. Reduces the opportunity for small businesses in the driving safety field to startup and compete on a level playing field with larger multistate operations.
2. Could create similar deceptive advertising techniques that other states have resorted to similar to Florida and California.
3. Will eventually result in a loss of jobs within the industry with lower skilled workforce of instructors due to lower pay.
4. Closing of currently operating small businesses in the driving safety field due to the inability to be price competitive with online courses with call centers in other states and abroad.
5. Reduced profitability in the industry as a whole therefore reducing the taxes collected hurting State and Federal Governments.
Small businesses within the driver safety and driver education industry in Texas, along with the families they are composed of, will hurt tremendously if the bill is passed.

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