|(a) Application for school. An application for a license
for a Drug and Alcohol Driving Awareness Program school shall be made
on forms prescribed by the department and shall include:
(1) individual requests for approval for each multiple
classroom of the school. The applications shall be made on forms provided
by the department. The school shall receive the department approval
for each location prior to advertising or offering a program at the
(2) verification from the course provider that the
school is authorized to provide the approved drug and alcohol driving
(b) Approval. The department shall approve the application
of a drug and alcohol driving awareness school if the department finds
that the school does not owe a civil penalty under Texas Education
Code, Chapter 1001.
(c) Verification of ownership for drug and alcohol
driving awareness school. In the case of an original or change of
owner application for a school, the owner of the school shall provide
verification of ownership.
(d) School name. A drug and alcohol driving awareness
school license shall not contain more than one school name.
(e) Purchase of drug and alcohol driving awareness
(1) A person or persons purchasing a licensed school
shall obtain an original license.
(2) The contract or any instrument transferring the
ownership of the drug and alcohol driving awareness school shall include
a statement that the purchaser shall assume the liabilities, duties,
and obligations under the enrollment contracts between the students
and the seller, or any former owner.
(f) New location.
(1) The owner of a drug and alcohol driving awareness
school must notify the department in writing of any change of address
of a drug and alcohol driving awareness school at least three working
days before the move.
(2) The school must submit the appropriate fee and
all documents designated by the department as being necessary.
(3) The school must maintain a current mailing address
and telephone number with the department.
(g) Renewal of drug and alcohol driving awareness school
license. A complete application for the renewal of a license for a
drug and alcohol driving awareness school shall be submitted before
the expiration of the license in accordance with Texas Education Code,
Chapter 1001, and shall include the following:
(1) completed application for renewal; and
(2) renewal fee, if applicable.
(h) Denial, revocation, or conditional license. For
schools approved to offer only one drug and alcohol driving awareness
program, the authority to operate a school shall cease if the program
approval is revoked or if the course provider removes all authorization
to teach the program. The license of the school will remain valid
for sixty (60) calendar days to allow the school owner to obtain approval
to provide a different program. 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 will be revoked unless an approved program
will be offered. The current school license shall not be renewed without
an approved program.
(i) School closure.
(1) The school owner shall notify the department and
the course provider at least fifteen (15) business days before the
anticipated school closure. The school owner shall provide written
notice to the department and the course provider of the actual discontinuance
of the operation within five working days after the cessation of classes.
A school shall forward all records to the course provider responsible
for the records within five (5) days.
(2) The course provider shall provide the department
with written notice of a school closure within five (5) working days
after knowledge of cessation of classes.
(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 or course provider stating
that the school will close;
(B) when the department staff determine by means of
an on-site visit that the school facility has been vacated without
prior notification of change of address given to the department and
without the department 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 appropriate facilities
and equipment to operate.
|Source Note: The provisions of this §84.70 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective March 15, 2018, 43 TexReg 1431; amended to be effective September 1, 2020, 45 TexReg 6069