Texas Administrative Code

Upon request, each applicant must provide information supplemental to that contained in the applicant's original application documents. Notes 7 Tex. Admin. Code § 83.305 The provisions of this §83.305 adopted to be effective January 4, 2007, 31 TexReg 10765; amended to be effecti…

(a) The committee. An advisory committee shall be appointed under and governed by this section. (1) The name of the advisory committee shall be the State Preventive Health Advisory Committee (committee). (2) The committee is established under Health and Safety Code, §11.016, whic…

This chapter is promulgated under Texas Occupations Code, Chapter 51; Texas Education Code, Chapters 29 and 1001; and Texas Transportation Code, Chapter 521.

(a) Driver education providers must be inspected in accordance with Texas Occupations Code, Chapter 51, and the inspection rules under 16 Texas Administrative Code, Chapter 60, Subchapter H. (b) A driver education provider must display a copy of the establishment's most recent in…

(a) Any new or relocated driver education provider must be inspected and approved by the department before it may operate. Additionally, a driver education provider that has changed ownership must be inspected and approved by the department, but may continue to operate prior to i…

(a) Purpose. The purpose of this chapter is to assist in the administration and enforcement of Texas Finance Code, Chapter 348. (b) Scope. This chapter applies to: (1) all persons engaged in the business of selling motor vehicles to retail buyers in transactions in which a retail…

The following words and terms, when used in this chapter, will have the following meanings, unless the context clearly indicates otherwise: (1) Accrual method--A method to compute a finance charge and apply the finance charge to the unpaid principal balance. Both the true daily e…

(a) The department may conduct an audit of the courses offered by a driver training provider. Audits may be conducted without prior notice to the provider, and department employees and representatives may enroll and attend a course without identifying themselves as employees or r…

A licensee is responsible for the acts and omissions of its officers, directors, employees, and agents in the conduct of the licensee's business.

(a) Each officer and director of a licensee must be familiar with Texas Finance Code, Chapter 348 and its implementing regulations. (b) Employees and agents of a licensee are responsible for being familiar with the provisions of Texas Finance Code, Chapter 348 and its implementin…

(a) Required information. An affidavit under Texas Finance Code, §348.013(m) filed with the hearings officer must contain the following information: (1) the name of the prospective retail buyer; (2) a statement by a notary public identifying the prospective retail buyer, and stat…

Words and terms defined in the Code have the same meaning when used in this chapter. The following words and terms have the following meanings when used in this chapter, unless the context clearly indicates otherwise. (1) ADE-1317--The driver education certificate of completion c…

(a) Driver training provider cancellation and refund policies must be in accordance with the Code and this chapter. (b) If a student withdraws or is terminated from the course or the provider, a refund must be issued that corresponds to the actual instructional hours not provided…

(a) Precomputed retail installment sales contracts. A retail installment sales contract may not contain a time price differential charge that exceeds both the add-on rates authorized by Texas Finance Code, §348.104 and the alternative simple time price differential rate authorize…

(a) Definition. A default charge is the additional charge for a late payment on a contract. The term default charge is synonymous with the term delinquency charge as contained in Texas Finance Code, §348.107. (b) Precomputed regular payment contract using sum of the periodic bala…

(a) Definition. A "deferment charge" means a charge to defer the payment date of a scheduled payment or partial payment on a contract. A deferment charge prescribed by this section may occur in a retail installment transaction that employs the precomputed add-on method for regula…

(a) Purpose and delivery. The purpose of this section is to provide a standard form for the disclosure of equity that a retail seller must provide to the retail buyer before accepting a trade-in motor vehicle for an ordinary motor vehicle sold under a retail installment sales con…

(a) Purpose. Under Texas Finance Code, §348.006(e), before a retail seller charges a documentary fee greater than $225, the seller must provide the OCCC with a written notification of the maximum amount of the documentary fee the seller intends to charge. The OCCC may review the …

(a) The minimum requirements for course content, classroom instruction, in-car, simulation, and range training required by this chapter for a minor and adult driver education course are the standards established in the Program of Organized Instruction in Driver Education and Traf…

The advisory committee consists of nine members appointed for staggered six-year terms by the presiding officer of the commission, with the approval of the commission, as follows: (1) three driver education providers; (2) three driving safety providers; (3) one driver education i…

(a) All fees paid to the department are nonrefundable. (b) Driver Education Provider Fees: (1) The initial application fee for a primary in-person driver education provider license is $500. (2) The initial application fee for a branch in-person driver education provider license i…

(a) Debt Cancellation Agreement for Death of Retail Buyer--The agreement between the retail buyer and the retail seller or the holder of a retail installment sales contract in which a holder agrees to waive all or part of the amount owed under the retail installment sales contrac…

(a) All fees paid to the department are nonrefundable. (b) Driving Safety Provider Fees: (1) The initial application fee for a driving safety provider is $500. (2) The annual renewal application fee for a driving safety provider is $100. (3) The fee for a change of address of a d…

(a) Purpose. This section only applies to a motor vehicle retail installment sales transaction under Texas Finance Code, Chapter 348 where a charge for insurance or debt cancellation agreement is included in the balance due under the retail installment sales contract. This sectio…

(a) If a retail seller obtains insurance for which a charge is included in a motor vehicle retail installment sales contract under Texas Finance Code, Chapter 348, the retail seller must send or cause to be sent to the retail buyer, within 30 days of the date of the contract, a p…

If a retail buyer provides a holder with evidence of property insurance coverage that names the holder as a loss payee and that is equivalent to insurance already purchased through the holder, the holder must promptly cancel any equivalent property insurance or collateral protect…

If a holder of a motor vehicle retail installment sales contract involving an ordinary vehicle arranges for collateral protection insurance and assesses a charge for the insurance to the retail buyer, the holder must comply with the provisions of Texas Finance Code, Chapter 307.

(a) If the prepaid maintenance agreement is required in connection with the sale of a motor vehicle, regardless of whether the sale is a cash sale or a credit sale, the charge for the prepaid maintenance agreement should be disclosed or otherwise included as a component of the ca…

(a) Purpose and scope. The Texas Finance Code allows a debt cancellation agreement to be included in a motor vehicle retail installment sales contract involving an ordinary vehicle subject to Texas Finance Code, Chapter 348 as an itemized charge. This section outlines the paramet…

(a) Purpose and scope. This section applies to a debt cancellation agreement described by Texas Finance Code, Chapter 354, that includes insurance coverage as part of the retail buyer's responsibility to the holder. Debt cancellation agreements must be submitted to the OCCC for a…

The advisory committee shall provide advice and recommendations to the department on rules, educational and technical matters relevant to the administration of the Code and this chapter.

(a) A member may not serve two consecutive full terms. (b) If a vacancy occurs during a term, the presiding officer of the commission, with the approval of the commission, must appoint a replacement who meets the qualifications of the vacated position to serve for the remainder o…

(a) The presiding officer of the commission must appoint the presiding officer of the advisory committee. (b) The presiding officer of the advisory committee may vote on any matter before the advisory committee.

(a) Application. An application for licensure as a driver education provider must be made on forms prescribed by the department and be accompanied by the appropriate fees. An application for a branch driver education provider license must not have the same physical address as the…

If a person or entity violates any provision of Texas Education Code, Chapter 1001, Texas Transportation Code, Chapter 521, this chapter, or any rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative…

The enforcement authority granted under Texas Education Code, Chapter 1001, and Texas Occupations Code, Chapter 51 and any associated rules may be used to enforce Texas Education Code, 1001 and this chapter.

(a) A person may not acquire a retail installment sales contract or an outstanding balance under a retail installment sales contract unless the person holds a license under Texas Finance Code, Chapter 348 or is exempt from licensing under Texas Finance Code, Chapter 348. (b) Secu…

(a) Each driver education provider must: (1) maintain a current mailing address, telephone number, and e-mail address (if applicable) with the department; and (2) provide or allow instruction to be provided only in courses that are currently on the provider's list of approved cou…

All in-car instruction of students by driver education providers must be conducted in motor vehicles owned or leased by the owner of the driver education provider in the name of the driver education provider. If the student is disabled, the provider may use a motor vehicle that i…

(a) Relevant driver training entities. (1) A relevant driver training entity may request driver education certificates or certificate numbers by submitting an online department prescribed order form, stating the number of driver education certificates or certificate numbers to be…

(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 ori…

Appropriate standards must be implemented to ascertain the progress of the students. (1) Progress standards must meet the requirements of the POI-DE approved by the department. (2) The driver education instructor must certify that each student successfully mastered all course con…

(a) Written or electronic records of student attendance must be prepared daily to document the attendance and absence of the students. A student must make up any time missed. Electronic signatures must comply with Texas Business and Commerce Code, Chapter 322. (b) Driver educatio…

A statement regarding the following must be provided to the parent or guardian signing the contract: (1) conditions for dismissal; and (2) conditions for reentry of students.

(a) Consistent with the requirements of the Americans With Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), a Driver Education Provider must make reasonable accommodations and provide aids and services when, providing the classroom portion of a driver education course,…

(a) Prior to teaching a department-approved parent-taught driver education course, a parent or other individual authorized under §1001.112 of the Code, must submit a completed request for Parent-Taught Driver Education Instructor Designation Service Application with a non-refunda…

(a) The educational objectives of driver training courses must include promoting respect for and encouraging observance of traffic laws and traffic safety responsibilities of driver education and citizens; instruction on law enforcement procedures for traffic stops; human traffic…