HBA-MPM C.S.S.B. 777 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 777 By: Bernsen Public Education 5/19/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE A research study conducted by Nustats International for the Texas Department of Transportation on the topic of littering has shown what types of people tend to litter, the effectiveness of the current anti-litter campaigns, and current trends on the type of litter being discarded along Texas roads. C.S.S.B. 777 requires litter prevention information to be included in the curriculum of certain driver education and driving safety courses. In addition, C.S.S.B. 777 requires the commissioner of education to adopt rules necessary to implement this provision and enforce the adopted rules. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the commissioner of education in SECTION 1 (Section 6, Article 4413(29c), V.T.C.S.) and SECTION 2 of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 6, Article 4413(29c), V.T.C.S. (Texas Driver and Traffic Safety Education Act), as follows: (a) Requires the commissioner of education (commissioner) to adopt rules necessary to implement this Act and to enforce rules adopted by the commissioner, rather than the State Board of Education (board). Provides that a reference in another provision of this Act to a rule adopted by the board means a rule adopted by the commissioner. (b) Deletes existing text relating to the authority of the commissioner to adopt and enforce temporary rules under this Act. (c) Requires the commissioner, by rule, to require that information relating to litter prevention be included in the curriculum of each driver education and driving safety course. Requires the commissioner to consult with the Department of Public Safety in developing rules under this subsection. SECTION 2. (a) Requires the commissioner of education to adopt rules under the Texas Driver and Traffic Safety Education Act (Article 4413(29c), V.T.C.S.), as amended by this Act, not later than January 1, 2001. Provides that a rule adopted by the State Board of Education under the Texas Driver and Traffic Safety Education Act before the effective date of this Act remains in effect until superseded by a rule adopted by the commissioner of education. (b) Requires the commissioner to adopt rules as added by this Act no later than January 1, 2000. SECTION 3.Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original in the caption to provide that this Act relates to "the regulation of driver training courses" rather than "to a requirement that litter prevention information be included in the curriculum of certain driver education and driving safety courses." The substitute modifies the original in SECTION 1 (Section 6, Article 4413(29c), V.T.C.S. (Texas Driver and Traffic Safety Education Act)), by amending Subsection (a) to require the commissioner of education (commissioner) to adopt rules necessary to implement this Act and enforce rules adopted by the commissioner, rather than the State Board of Education (board). The substitute provides that a reference in another provision of this Act to a rule adopted by the board means a rule adopted by the commissioner. In addition, the substitute deletes text from existing Subsection (b) in regard to the authority of the commissioner to adopt and enforce temporary rules under this Act. The substitute modifies the original in SECTION 2 by adding Subsection (a) to require the commissioner of education to adopt rules under the Texas Driver and Traffic Safety Education Act (Article 4413(29c), V.T.C.S.), as amended by this Act, not later than January 1, 2001. In addition, the substitute provides that a rule adopted by the State Board of Education under the Texas Driver and Traffic Safety Education Act before the effective date of this Act remains in effect until superseded by a rule adopted by the commissioner of education. The substitute redesignates proposed text in the original to Subsection (b) in the substitute.