|(a) An application for licensure as a driver education
instructor must be made on forms prescribed by the department and
be accompanied by the appropriate fees. A license application is valid
for one year from the date it is filed with the department. A person
applying for an original driver education instructor license must:
(1) hold a valid class A, B, C, or CDL driver's license,
other than a learner license or provisional license, for the preceding
three years, that has not been revoked or suspended in the preceding
(2) submit a completed application with non-refundable
application fee as prescribed by the department;
(3) submit the instructor licensing fees;
(4) submit a national criminal history record information
review fee; and
(5) provide fingerprints to the Texas Department of
Public Safety (DPS) through the IdentoGo Fingerprint Service or any
other method required by the DPS.
(b) A driver education instructor may perform instruction
and administration of the classroom and in-car phases of driver education,
as prescribed in the POI-DE, and the classroom phase of the POI-Adult
(c) An application for renewal of a driver education
instructor license must be submitted on forms prescribed by the department.
A complete renewal application must include the following:
(1) the renewal fee;
(2) provide a valid driver license record that meets
the requirements stated in §84.44(a)(1); and
(3) if selected for audit, proof of successful completion
of at least two hours of continuing education credit during the license
renewal period relating to driver education, driving safety, and instructional
(d) The department will employ an audit system for
reporting completion of continuing education. The licensee is responsible
for maintaining a record of the licensee's continuing education experiences.
The certificates, transcripts, or other documentation verifying the
completion of continuing education hours must not be forwarded to
the department at the time of renewal unless the department has selected
the licensee for audit.
(e) The audit process for continuing education will
be as follows:
(1) The department will select for audit a random sample
of licensees for each renewal period. Licensees will be notified of
the continuing education audit when they receive their renewal documentation.
(2) If selected for an audit, the licensee must submit
copies of certificates, transcripts, or other documentation satisfactory
to the department, verifying the licensee's attendance, participation,
and completion of the continuing education. All documentation must
be provided at the time of the renewal.
(3) Failure to timely furnish documentation or providing
false information during the audit process or renewal process are
grounds for disciplinary action against the licensee.
(f) An applicant for a driver education instructor
license or its renewal must successfully pass a criminal history background