The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Advertising--Any affirmative act, whether written or oral, designed to call public attention to a school and/or course in order to evoke a desire to patronize that school and/or course. This includes Meta tags and search engine listings.
2. (2) Break--An interruption in a course of instruction occurring after the course introduction and before the comprehensive examination and course summation.

3. (3) Change of ownership of a school or course provider--A change in the control of the school or course provider. Any agreement to transfer the control of a school or course provider is considered to be a change of ownership. The control of a school or course provider is considered to have changed:

   1. (A) in the case of ownership by an individual, when more than 50% of the school or course provider has been sold or transferred;
   2. (B) in the case of ownership by a partnership or a corporation, when more than 50% of the school or course provider or of the owning partnership or corporation has been sold or transferred; or
   3. (C) when the board of directors, officers, shareholders, or similar governing body has been changed to such an extent as to significantly alter the management and control of the school or course provider.
4. (4) Clock hour--50 minutes of instruction in a 60-minute period for a driving safety course.
5. (5) Course validation question--A question designed to establish the student's participation in the course and comprehension of the course material by requiring the student to answer a question regarding a fact or concept taught in the course.
6. (6) Division--The division of the Texas Education Agency (TEA) responsible for administering the provisions of the law, rules, regulations, and standards as contained in this chapter and licensing driver training programs.
7. (7) Division director--The person designated by the commissioner of education to carry out the functions and regulations governing the driving safety schools and course providers and designated as director of the division responsible for licensing driver training programs.
8. (8) Final examination question--A question designed to measure the student's comprehension and knowledge of course material presented after the instruction is completed.

9. (9) Good reputation--A person is considered to be of good reputation if:

   1. (A) there are no felony convictions, unless the applicant can successfully demonstrate that the applicant has been rehabilitated;
   2. (B) there are no convictions involving crimes of moral turpitude;
   3. (C) within the last seven years, the person has never been successfully sued for fraud or deceptive trade practice;
   4. (D) the person has not owned or operated a school or course provider with serious violations and has never owned or operated a school or course provider that closed with violations, including, but not limited to, unpaid refunds or selling, trading, or transferring a driver education certificate or uniform certificate of course completion to any person or school not authorized to possess it. In making this determination, the division may consider the seriousness and number of violations, efforts made to correct the violations, and the history of similar violations;
   5. (E) the person has not failed to provide material information to representatives of TEA or falsified instructional records or any documents required for approval or continued approval;
   6. (F) in the case of an instructor, there are no misdemeanor or felony convictions involving driving while intoxicated over the past seven years; and
   7. (G) in the event that an instructor or applicant has received deferred adjudication of guilt from a court of competent jurisdiction, a determination can be made upon review of evidence that the conduct underlying the basis of the deferred adjudication has not rendered the person unworthy to provide driver training instruction. When determining underlying conduct, the commissioner may consider the facts and circumstances surrounding the deferred adjudication.
10. (10) Inactive course--A driving safety or specialized driving safety course for which no uniform certificates of completion or course completion certificate numbers have been purchased for 36 months or longer.
11. (11) Instructor trainer--A driving safety instructor or specialized driving safety instructor who has been trained to prepare instructors to give instruction in a specified curriculum.
12. (12) Mail or commercial delivery--First Class U.S. mail or equivalent commercial delivery services that deliver no sooner than the day following successful course completion. Electronic delivery such as e-mail or facsimile is not acceptable as a commercial delivery service.
13. (13) Moral turpitude--Conduct that is inherently immoral or dishonest.
14. (14) New course--A driving safety or specialized driving safety course is considered new when it has not been approved by TEA to be offered previously; or has been approved by TEA and become inactive; or the content, lessons, or delivery of the course have been changed to a degree that a new application is requested and a complete review of the application and course presentation is necessary to determine compliance.
15. (15) Personal validation question--A question designed to establish the identity of the student by requiring an answer related to the student's personal information such as a driver's license number, address, date of birth, or other similar information that is unique to the student.
16. (16) Public or private school--For the purpose of these rules, a public or private school is an accredited public or non-public secondary school.
17. (17) Specialized driving safety course--A six-hour driving safety course that includes at least four hours of training intended to improve the student's knowledge, compliance with, and attitude toward the use of child passenger safety seat systems and the wearing of seat belt and other occupant restraint systems.
18. (18) Uniform certificate of course completion--A document with a serial number purchased from the division that is printed, administered, and supplied by course providers or primary consignees for issuance to students who successfully complete an approved driving safety or specialized driving safety course and that meets the requirements of Texas Transportation Code, Chapter 543, and Texas Code of Criminal Procedure, Article 45.051 or 45.0511. This term encompasses all parts of an original or duplicate uniform certificate of course completion. It is a government record.

Source Note:The provisions of this §84.200 adopted to be effective December 26, 1999, 24 TexReg 11351; amended to be effective July 19, 2001, 26 TexReg 5238; amended to be effective December 30, 2001, 26 TexReg 10540; amended to be effective April 21, 2005, 30 TexReg 2222; amended to be effective November 21, 2005, 30 TexReg 7738; amended to be effective December 29, 2010, 35 TexReg 11636; transferred effective September 1, 2015, as published in the Texas Register August 28, 2015, 40 TexReg 5471.