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TITLE 16ECONOMIC REGULATION
PART 4TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 84DRIVER EDUCATION AND SAFETY
SUBCHAPTER HFACILITIES AND EQUIPMENT FOR DRIVER EDUCATION SCHOOLS, DRIVING SAFETY SCHOOLS AND DRUG AND ALCOHOL AWARENESS SCHOOLS
RULE §84.90Facilities and Equipment

(a) Each driver education, driving safety, specialized driving safety, DSY25, and drug and alcohol driving awareness school shall conduct the department approved course in a facility or facilities approved by the department, if applicable.

(b) A driver education school shall not maintain a classroom facility in a private residence.

(c) The amount of classroom space for any driver education, driving safety, specialized driving safety, and drug and alcohol driving awareness school shall meet the use requirements of the maximum number of current students in class with appropriate seating and writing facilities as necessitated by the activity patterns of the course.

(d) The facilities shall meet any state and local ordinances governing housing and safety for the use designated.

(e) The classroom facilities, when used for instruction, shall contain at least the following:

  (1) adequate seating facilities for all students being trained;

  (2) adequate charts, diagrams, mock-ups, and pictures relating to the operation of motor vehicles (if applicable), traffic laws, physical forces, and correct driving procedures; and

  (3) any materials that have been approved as a part of the course approval.

(f) Each driver education, driving safety, specialized driving safety, DSY25, and drug and alcohol driving awareness school shall be provided in designated instructional areas that promote learning by ensuring that students are able to see and hear the instructor and audiovisual aids. Any facility that contains an adult-oriented business or a facility that is required to exclude patrons because of age will not be approved. Factors that will be considered in determining whether facilities promote learning include facility layout, visual and hearing distractions, and equipment functionality.

(g) A violation of the law or rules at any multiple classroom location constitutes a violation by the driving safety, specialized driving safety or drug and alcohol driving awareness school.

(h) All classroom and multiple classroom location approvals are contingent on the driving safety, specialized driving safety or drug and alcohol driving awareness school license and shall be subject to denial or revocation if such action is taken against the license of the school.

(i) The driving safety course provider location shall be the physical address as stated on the course provider license.

(j) No drug or alcohol awareness program may be taught in any location where alcohol is present.


Source Note: The provisions of this §84.90 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective September 1, 2020, 45 TexReg 6069

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