|(a) The following words and terms, when used in this
section, shall have the following meanings, unless the context shall
clearly indicate otherwise.
(1) Authorized organization (AO)--An entity that has
entered into a Memorandum of Understanding (MOU) with the department
to administer the driving skills test for a non-commercial driver
license on the department's behalf.
(2) Examiner--An individual certified by the department
to conduct a skills test.
(3) Successor in interest--Change of ownership of a
business that is carried on and controlled substantially as it was
before the ownership change.
(b) An organization is eligible to enter into a MOU
with the department and to administer a skills test for a non-commercial
driver license if it:
(1) Maintains a valid driver education school license
issued by the Texas Department of Licensing and Regulation (TDLR);
(2) Has held the driver education school license issued
by the TDLR for a minimum of one year;
(3) Ensures completion of the appropriate Impact Texas
Drivers (ITD) curriculum to its driver education students; and
(4) Complies with the requirements of the MOU with
(c) An individual employed by an AO is eligible to
become an examiner and conduct skills tests if he or she:
(1) Maintains a valid driver education instructor license
issued by the TDLR;
(2) Has held the driver education instructor license
issued by the TDLR for at least one year;
(3) Maintains a valid, unexpired Texas driver license;
(4) Has not been convicted of:
(A) Any felony;
(B) Criminally negligent homicide;
(C) Driving while intoxicated within seven years; or
(D) Driving under the influence within seven years.
(5) Does not have six or more points assigned to his
or her Texas driver license;
(6) Has successfully completed the department prescribed
training set out in the MOU; and
(7) Conforms to the standards of the MOU between the
department and his or her employer.