HBA-MPM H.B. 2989 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2989 By: Culberson Public Education 3/22/1999 Introduced BACKGROUND AND PURPOSE H.B. 2989 provides that a driver's license held by a public school student younger than 18 years old is subject to suspension by the Department of Public Safety (department) until the student's 21st birthday if the student's grade point average falls below 70, if they drop out of school, or if they are absent for 10 or more consecutive days. Furthermore, this bill provides a specified protocol for a school district or charter school with respect to notifying a student of a suspended license and provides exemptions and a hearing process to terminate the suspension. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 25, Education Code, by adding Subchapter E, as follows: SUBCHAPTER E. SUSPENSION OF STUDENT DRIVER'S LICENSE FOR FAILURE TO ATTEND SCHOOL OR MAKE SATISFACTORY PROGRESS Sec. 25.151. DEFINITION. Defines "driver's license" for purposes of this subchapter. Sec. 25.152. GROUNDS FOR SUSPENSION OF STUDENT'S DRIVER'S LICENSE. Provides that a driver's license (license) held by a public school student (student) younger than 18 years old is subject to suspension by the Department of Public Safety (department) until the student's 21st birthday if the student: (1) has a grade point average in academic classes that is less than 70 on a sale of 100 in the preceding grade reporting period; (2) is absent without excuse for 10 or more consecutive days or consecutive partial class days during a semester; or (3) withdraws from the school district (district) or open-enrollment charter school and does not meet a criterion described by Section 25.153(b)(2), Education Code. Sec. 25.153. PROCEDURE FOR SUSPENSION. (a) Requires the district or school to notify the student when the district or school's records indicate the student's license is subject to suspension under Section 25.152, Education Code. Provides that the notice must include the grounds for suspension. Provides that if the license is subject to suspension under Section 25.152(2) or (3), Education Code, the notice must state that the student may avoid the suspension as provided by Subsection (b). (b) Authorizes a student to avoid license suspension if, no later than the 14th day after the notice is sent, the student: (1) resumes attendance or re-enrolls in the district or school; (2) provides proof acceptable to the district or school that the student is enrolled at another school or course preparing a person to obtain a certificate of high school equivalency or if the person has obtained a certificate of high school equivalency; or is a home school student. Sec. 25.154. HEARING. (a) Requires a district or charter school that receives proof from a student under Section 25.153(b)(2) to promptly notify the student whether the proof is sufficient to avoid suspension of the student's license. Requires the district or school to also notify the student of the student's entitlement to a hearing under Subsection (b) if the notification states that the student's proof is unacceptable. (b) Authorizes a student to request a hearing before the board of trustees (board) of the district or the person operating the charter school no later than the seventh day after the notice is sent under Subsection (a). Provides that the request must be in writing and delivered to the person or office specified in the notice. (c) Requires the hearing to be held in a manner that provides the student with appropriate due process required by the federal constitution if the student requests a hearing. Requires the board or person operating the charter school to conduct the hearing and make a decision regarding license suspension no later than the 30th day after the student requests the hearing. Sec. 25.155. APPEAL. Provides that a decision under Section 25.154 may be appealed by trial de novo to a statutory county court of the county in which the district's central administrative office or the charter school is located, or, if there is not a statutory county court, the county court. Sec. 25.156. NOTICE TO DEPARTMENT OF PUBLIC SAFETY. (a) Requires the district or charter school to take action required by Subsection (b) in certain cases. (b) Requires the district or charter school required to act under Subsection 9a) to promptly follow a specified protocol regarding the suspension of a student's license. Sec. 25.157. TERMINATION OF SUSPENSION. (a) Requires the department, as provided by Subsection (c), to terminate the suspension of a license under Section 25.152(1) in certain circumstances. (b) Requires the department, except as provided by Subsection (c), to terminate suspension of a license under Section 25.152(2) or (3), Education Code, in certain circumstances. (c) Prohibits the department from terminating the suspension of a license if the license was previously suspended under this subchapter before a student's 21st birthday. Sec. 25.158. FORM OF NOTICE. Requires notice given to a student under this subchapter to be sent by certified mail to the student at the student's address as specified in the records of the district or charter school that provides notice. Sec. 25.159. FORMS. Requires the Texas Education Agency (agency) to design standard forms for use in notifying the department that a license should be suspended under this subchapter or that a suspension should be terminated. Provides that the forms must be approved by the department. SECTION 2. Amends Subchapter O, Chapter 521, Transportation Code, by adding Section 521.3421, as follows: Sec. 521.3421. SUSPENSION OF LICENSE HELD BY STUDENT UNDER 21 YEARS OF AGE. Requires the department to automatically suspend the license of a person on receipt of a notice under Section 25.156(b), Education Code. (b) Provides that the period of suspension continues until the department receives certain notification or documentation, except as provided by Section 25.152 or 25.157(c), Education Code. SECTION 3. Amends Section 521.343(a), Transportation Code, to include Sections 25.152 and 25.157(c) among those exceptions which apply to a suspension under this subchapter. SECTION 4. Effective date: September 1, 1999. Provides that for purposes of Section 25.152(2), Education Code, as added by this Act, a student's absence from school that occurs before the effective date of this Act is not aggregated with absences that occur on or after the effective date of this Act. SECTION 5. Emergency clause.