1. (a) The following words and terms, when used in this section, shall have the following meanings, unless the context shall clearly indicate otherwise.

   1. (1) Authorized organization--An entity that has entered into a Memorandum of Understanding with the department to administer the driving skills test for a non-commercial driver license on the department's behalf.
   2. (2) Examiner--An individual certified by the department to conduct a skills test.

2. (b) An organization is eligible to enter into a Memorandum of Understanding with the department and to administer a skills test for a non-commercial driver license if it:

   1. (1) Maintains a valid driver education school license issued by the Texas Education Agency;
   2. (2) Has held the driver education school license issued by the Texas Education Agency for a minimum of two years;
   3. (3) Teaches the Impact Texas curriculum to its driver education students; and
   4. (4) Complies with the requirements of the Memorandum of Understanding with the department.

3. (c) An individual employed by an authorized organization is eligible to become an examiner and conduct skills tests if he or she:

   1. (1) Maintains a valid driver education instructor license issued by the Texas Education Agency;
   2. (2) Has held the driver education instructor license issued by the Texas Education Agency for at least two years;
   3. (3) Maintains a valid, unexpired Texas driver license;

   4. (4) Has not been convicted of:

      1. (A) Any felony;
      2. (B) Criminally negligent homicide;
      3. (C) Driving while intoxicated within seven years; or
      4. (D) Driving under the influence within seven years.
   5. (5) Does not have six or more points assigned to his or her Texas driver license;
   6. (6) Has successfully completed the department prescribed training set out in the Memorandum of Understanding; and
   7. (7) Conforms to the standards of the Memorandum of Understanding between the department and his or her employer.

Source Note:The provisions of this §15.61 adopted to be effective March 16, 2014, 39 TexReg 1724.