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

1. (1) Break--An interruption in a program of instruction occurring after the program introduction and before the post-program exam.
2. (2) Certificate of program completion--Serially numbered certificates that are printed, administered, and supplied by the course provider that have been approved by the Texas Education Agency (TEA) as part of the drug and alcohol driving awareness program.

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

   1. (A) in the case of ownership by an individual, when more than 50% of the school 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 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.
4. (4) Clock hour--50 minutes of instruction in a 60-minute period, unless the term "clock hour" is defined differently under another law or rule.

5. (5) Course provider--For the purposes of this subchapter, a course provider is an enterprise that:

   1. (A) maintains a place of business or solicits business in Texas;
   2. (B) is operated by an individual, association, partnership, or corporation; and
   3. (C) has received an approval for a drug and alcohol driving awareness program from the commissioner of education or has been designated by a person who has received that approval to conduct business and represent the person in Texas.
6. (6) Division--The division of 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 drug and alcohol driving awareness schools and course providers and designated as director of the division responsible for licensing driver training programs.
8. (8) Driver Training--For the purposes of this subchapter, driver training includes drug and alcohol driving awareness program training.
9. (9) Drug and alcohol driving awareness program--A course of instruction intended to prevent or deter misuse and abuse of controlled substances as that applies to the task of driving.

10. (10) Drug and alcohol driving awareness school--An enterprise that:

    1. (A) maintains a place of business or solicits business in Texas; and
    2. (B) is operated by an individual, association, partnership, or corporation that educates and trains persons using drug and alcohol driving awareness programs.

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

    1. (A) there are no felony convictions related to the operation of a school, and the person has been rehabilitated from any other felony convictions;
    2. (B) there are no convictions involving crimes of moral turpitude;
    3. (C) within the last ten years, the person has never been successfully sued for fraud or deceptive trade practice;
    4. (D) the person does not own or operate a school or program currently in violation of the legal requirements involving fraud, deceptive trade practices, student safety, or quality of education; has never owned or operated a school or program with habitual violations; and has never owned or operated a school or program which closed with violations including, but not limited to, selling, trading, or transferring a certificate of program completion to any person or school not authorized to possess it;
    5. (E) the person has not withheld material information from 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 or minor in possession, consumption, or purchase of alcoholic beverages within 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 about good reputation can be made upon review of evidence of the conduct underlying the basis of the deferred adjudication. When determining underlying conduct, the commissioner of education may consider the facts and circumstances surrounding the deferred adjudication.
12. (12) Instructor trainer--A licensed drug and alcohol driving awareness program instructor who has been authorized to prepare instructors to give instruction in a specified curriculum.
13. (13) Moral turpitude--Conduct that is inherently immoral or dishonest.
14. (14) New program--A drug and alcohol driving awareness program is considered new when it has not been approved by TEA to be offered previously, or has been approved by TEA and offered and then discontinued, or has been inactive for 36 months or more, or the content or lessons of the program have been changed to a degree that a new application is requested and a complete review of the application and program 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 student-solicited data such as personal preference, memory, or other similar information that is unique to the student.
16. (16) Post-program exam--An exam designed to measure the student's comprehension and knowledge of course material presented after the instruction is completed.
17. (17) Pre-program exam--An exam given during the program introduction using questions drawn from material to be covered in the course to determine the level of drug and alcohol knowledge possessed by the student prior to receiving instruction.
18. (18) Program validation question--A question designed to establish the student's participation in the program and comprehension of the program material by requiring the student to answer a question regarding a fact or concept taught in the program.
19. (19) Public or private school--For the purposes of this subchapter, a public or private school is an accredited public or non-public secondary school.
20. (20) Self-assessment--A tool used by program participants to evaluate one's own risk for developing problems with alcohol and drugs.

Source Note:The provisions of this §84.301 adopted to be effective December 26, 1999, 24 TexReg 11367; amended to be effective February 26, 2009, 34 TexReg 1244; transferred effective September 1, 2015, as published in the Texas Register August 28, 2015, 40 TexReg 5471.