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TITLE 16ECONOMIC REGULATION
PART 4TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 84DRIVER EDUCATION AND SAFETY
SUBCHAPTER FDRUG AND ALCOHOL AWARENESS PROGRAMS AND INSTRUCTORS
RULE §84.71School and Course Provider Responsibilities

(a) For purposes of this subsection, the term ‘Course provider’ means an enterprise that:

  (1) maintains a place of business or solicits business in Texas;

  (2) is operated by an individual, association, partnership, or corporation; and

  (3) has received an approval for a drug and alcohol awareness program from the executive director or has been designated by a person who has received that approval to conduct business and represent the person in Texas.

(b) Course providers must be located, or maintain a registered agent, in the State of Texas. All instruction in a drug and alcohol driving awareness program shall be performed in locations approved by the department and by department-licensed instructors.

(c) Each course provider or employee shall:

  (1) ensure that instruction of the program is provided in schools currently approved to offer the program, and in the manner in which the program was approved;

  (2) ensure that the program is provided by persons who have a valid current instructor license with the proper endorsement issued by the department, except as provided in subsection (a);

  (3) ensure that schools and instructors are provided with the most recent approved program materials and relevant data and information pertaining to the program within sixty (60) days of approval. Instructor training may be required and shall be addressed in the approval notice;

  (4) develop and maintain a means to ensure the security and integrity of student information, especially financial and personal information, in transit and at rest;

  (5) develop and maintain a means to ensure the privacy of student data, including personal and financial data, and make the corporate privacy policy available to all course students; and

  (6) ensure that each certificate of program completion contains the department complaint contact information.

(d) Each drug and alcohol driving awareness school owner-operator or employee shall:

  (1) ensure that each individual permitted to give instruction at the school or any classroom location has a valid current instructor license with the proper endorsement issued by the department, except as provided in subsection (a);

  (2) prohibit an instructor from giving instruction or prohibit a student from receiving instruction if that instructor or student is using or exhibits any evidence or effect of an alcoholic beverage, controlled substance, drug, abusable glue, aerosol paint, or other volatile chemical as those terms are defined in the Alcoholic Beverage Code and the Health and Safety Code;

  (3) provide instruction or allow instruction to be provided only in courses that are currently on the school's list of approved courses;

  (4) complete, issue, or validate a certificate of program completion only for a person who has successfully completed the entire course;

  (5) evaluate instructor performance in accordance with the course provider plan;

  (6) develop and maintain a means to ensure the security and integrity of student information, especially financial and personal information, in transit and at rest; and

  (7) develop and maintain a means to ensure the privacy of student data, including personal and financial data, and make the corporate privacy policy available to all course students.

(e) For the purposes of this subchapter, each person employed by or associated with any drug and alcohol driving awareness school shall be deemed an agent of the school, and the school may share the responsibility for all acts performed by the person which are within the scope of the employment and which occur during the course of the employment.


Source Note: The provisions of this §84.71 adopted to be effective April 1, 2017, 42 TexReg 1400

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