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RULE §84.60Driving Safety School Licensure Requirements

(a) Application for a driving safety school. An application for a license for a driving safety school shall be made on forms prescribed by the department and submitted to the department. The application must:

  (1) include individual requests for approval for each multiple classroom of the school. The applications shall be made on forms provided by the department. The driving safety school shall receive department approval for each location prior to advertising or offering a driving safety course at the location; and

  (2) include verification from the licensed course provider that the school is authorized to provide the approved driving safety or specialized driving safety course and that the school will operate in compliance with all course provider policies and procedures.

(b) Verification of Ownership of a Driving Safety School. In the case of an original or change of owner application for a driving safety school, the owner of the school shall provide verification of ownership.

(c) Purchase of driving safety school.

  (1) A person or persons purchasing a licensed driving safety school shall obtain an original license.

  (2) The contract or any instrument transferring the ownership of the driving safety school shall include the following statements.

    (A) The purchaser shall assume all refund liabilities incurred by the seller or any former owner before the transfer of ownership; and

    (B) The purchaser shall assume the liabilities, duties, and obligations under the enrollment contracts between the students and the seller, or any former owner.

(d) New location.

  (1) The owner of a driving safety school shall notify the department in writing of any change of address of a driving safety school at least fifteen (15) working days before the move.

  (2) The owner of the school must submit the appropriate fee and all required documents. A driving safety school license may be issued after the required documents are approved.

(e) A complete application for the renewal of a license for a driving safety school must include the following:

  (1) a completed application form for renewal;

  (2) a current list of instructors;

  (3) a current list of classrooms;

  (4) an annual renewal fee, if applicable; and

  (5) any other revision or evidence of which the school has been notified in writing that is necessary to bring the school's application for a renewal license to a current and accurate status.

(f) Denial, revocation, or conditional license. For schools approved to offer only one driving safety course, the authority to operate a driving safety school shall cease if the course provider license is denied or revoked or if the course provider removes all authorization to teach the course. The license of the driving safety school will remain valid for sixty (60) calendar days to allow the school owner to obtain approval to operate under a different course provider license. No instruction will be allowed until a new program has been secured to teach. At the end of the 60-day period, the school license shall be revoked unless the school will offer an approved course. A current driving safety school license shall not be renewed without an approved course.

(g) School closure.

  (1) A school shall forward all records to the course provider responsible for the records within fifteen (15) business days of closure.

  (2) The course provider shall provide the department with written notice of a school closure within five (5) business days after being notified of closure.

  (3) The department may declare a school to be closed:

    (A) as of the last day of attendance when written notification is received by the department from the school owner or course provider stating that the school will close;

    (B) when department staff determine by means of an on-site inspection that the school facility has been vacated without prior notification of change of address and without approval of future plans to continue to operate;

    (C) when the school owner allows the school license to expire; or

    (D) when the school does not have the facilities and equipment to operate pursuant to this subchapter.

Source Note: The provisions of this §84.60 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective September 1, 2020, 45 TexReg 6069

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