1. (a) Each driver education school must:

   1. (1) Maintain a current mailing address, telephone number, and e-mail address (if applicable) with the department;
   2. (2) ensure that each individual permitted to give instruction at the school has a valid driver education instructor's license with the proper endorsement issued by the department;
   3. (3) provide instruction or allow instruction to be provided only in courses that are currently on the school's list of approved courses;
   4. (4) complete, issue, or validate a DE-964 or ADE-1317 only to a person who has successfully completed the entire portion of the course for which the DE-964 or ADE-1317 is being issued;
   5. (5) authorize, approve, or conduct instruction in a motor vehicle that meets the requirements stated in §84.42 (relating to Motor Vehicles); and
   6. (6) ensure that no instructor provides more than 10 hours of behind-the-wheel instruction per day.
2. (b) Except as provided in subsection (a), an instructor-trainee may engage in practice teaching lessons necessary for the purpose of licensing in an approved location under the direction and in the presence of a licensed instructor.

3. (c) Each primary driver education school owner-operator or employee that purchases driver education certificate numbers from the department must:

   1. (1) develop and maintain a means to ensure the security and integrity of student information, especially financial and personal information, in transit and at rest;
   2. (2) develop and maintain a means to ensure the privacy of student data, including personal and financial data, and make the corporate privacy policy available to all course students;
   3. (3) develop and maintain a department-approved method for issuing original and duplicate driver education certificates that, to the greatest extent possible, prevents the unauthorized production or misuse of the certificates; and
   4. (4) ensure that the front of each driver education certificate contains the department's complaint contact information and current department telephone number in a font that is visibly recognizable.
4. (d) Driver education schools must be located in, or maintain a registered agent in, the state of Texas. A registered agent's address shall not be used for a driver education school's physical or mailing address.

Source Note:The provisions of this §84.41 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.