| (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--An entity that has entered
into a Memorandum of Understanding with the department to administer
the knowledge test, skills test, or both for a commercial driver license
on the department's behalf. This is equivalent to a third party tester
in accordance with 49 CFR 383.5.
(2) Examiner--An individual certified by the department
to conduct a knowledge test, skills test, or both. This is equivalent
to a third party examiner in accordance with 49 CFR 383.5.
(3) Knowledge test--Includes any written test required
for a commercial driver license, including the addition or removal
of an endorsement or restriction, excluding the Hazmat test.
(b) An organization is eligible to enter into a Memorandum
of Understanding with the department and to administer a knowledge
test, skills test, or both for a commercial driver license if it:
(1) Complies with 49 CFR 383.75; and
(2) Has been in business or operation in the State
of Texas for at least 365 days prior to the execution of the Memorandum
of Understanding; and
(3) Maintains at least one permanently occupied structure
with a permanent Texas street mailing address.
(c) An individual employed by an authorized organization
is eligible to become an examiner and conduct commercial driver license
knowledge test, skills tests, or both if he or she makes application
with the department and:
(1) Complies with 49 CFR 384.228; and
(2) For skills testing, holds the equivalent class
of Texas commercial driver license with endorsements to administer
like skills tests; and
(3) Is domiciled in the State of Texas.
(d) The department may suspend for up to one year or
revoke permanently, an organization's or examiner's authorization
to conduct commercial knowledge testing or skills testing for failure
to comply with any part of:
(1) The Memorandum of Understanding; or
(2) 49 CFR 383.75; or
(3) 49 CFR 384.228.
(e) Unless an authorized organization is a governmental
agency, the authorized agency must secure and maintain a continuous
security bond in the principal sum of $25,000 per examiner, underwritten
by a company authorized to do business in the State of Texas, which
represents a sufficient amount to pay for re-testing drivers in the
event that the organization or one or more of its examiners are involved
in fraudulent activities related to the knowledge testing or skills
testing conducted by its employees or members. However, the aggregate
liability of the surety for all breaches of the condition of the bond
in no event shall exceed the principal sum of $25,000 per examiner.
The surety on any bond may cancel the bond on giving 30 days' notice
in writing to the State of Texas and shall be relieved of liability
for any breach of any conditions of the bond that occurs after the
effective date of cancellation.
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