The commission must set license criteria, and the department must approve a driver education provider license application if the listed requirements are met.
Sec. 1001.204. REQUIREMENTS FOR DRIVER EDUCATION PROVIDER LICENSE. (a) The commission by rule shall establish the criteria applicable to each driver education provider license. (b) The department shall approve an application for a driver education provider license if the application is submitted on a form approved by the department, the application is accompanied by the fee, and the department determines that the applicant: (1) has courses, curricula, and instruction of a quality, content, and length that reasonably and adequately achieve the stated objective for which the courses, curricula, and instruction are offered; (2) provides to each student before enrollment or each person before contracting for driver education course materials, to the extent applicable: (A) a copy of: (i) the refund policy; (ii) the schedule of tuition, fees, and other charges; and (iii) the regulations relating to absence, grading policy, and rules of operation and conduct; and (B) the department's name, mailing address, telephone number, and Internet website address for the purpose of directing complaints to the department; (3) to the extent applicable, maintains adequate records as prescribed by the department to show attendance and progress or grades and enforces satisfactory standards relating to attendance, progress, and conduct; (4) on completion of training, issues each student a certificate indicating the course name and satisfactory completion; (5) complies with all county, municipal, state, and federal laws, including assumed name registration and other applicable requirements; (6) is financially sound and capable of fulfilling its commitments for training; (7) maintains and publishes as part of its student enrollment contract or materials contract, as applicable, the proper policy for the refund of the unused portion of tuition, fees, and other charges if a student fails to take the course or withdraws or is discontinued from the provider at any time before completion; (8) does not use erroneous or misleading advertising, either by actual statement, omission, or intimation, as determined by the department; (9) does not use a name similar to the name of another existing driver education provider or tax-supported educational institution in this state, unless specifically approved in writing by the executive director; (10) submits to the department for approval the applicable course hour lengths and curriculum content for each course offered by the provider; (11) does not owe an administrative penalty for a violation of this chapter; (12) meets all requirements applicable to the license type under Section 1001.2041, 1001.2042, or 1001.2043; and (13) meets any additional criteria required by the department, including any applicable inspection requirements. Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1044 (H.B. 1786), Sec. 29, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 584 (S.B. 848), Sec. 5, eff. June 9, 2017. Acts 2017, 85th Leg., R.S., Ch. 990 (H.B. 912), Sec. 5, eff. June 15, 2017. Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 2.003, eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 5.23, eff. September 1, 2021.