CHAPTER 34. TRANSPORTATION - Texas Statutes

EDUCATION CODE

TITLE 2. PUBLIC EDUCATION

SUBTITLE F. CURRICULUM, PROGRAMS, AND SERVICES

CHAPTER 34. TRANSPORTATION

Sec. 34.001. PURCHASE OF MOTOR VEHICLES. (a) A school district

may purchase school motor vehicles through the comptroller or

through competitive bidding under Subchapter B, Chapter 44.

(b) The comptroller may adopt rules as necessary to implement

Subsection (a). Before adopting a rule under this subsection,

the comptroller must conduct a public hearing regarding the

proposed rule regardless of whether the requirements of Section

2001.029(b), Government Code, are met.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

937, Sec. 1.83, eff. September 1, 2007.

Sec. 34.002. SAFETY STANDARDS. (a) The Department of Public

Safety, with the advice of the Texas Education Agency, shall

establish safety standards for school buses used to transport

students in accordance with Section 34.003.

(b) Each school district shall meet or exceed the safety

standards for school buses established under Subsection (a).

(c) A school district that fails or refuses to meet the safety

standards for school buses established under this section is

ineligible to share in the transportation allotment under Section

42.155 until the first anniversary of the date the district

begins complying with the safety standards.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 1997, 75th Leg., ch. 1438, Sec. 2, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 309, Sec. 9.01, eff.

June 18, 2003.

Sec. 34.0021. SCHOOL BUS EMERGENCY EVACUATION TRAINING. (a)

Pursuant to the safety standards established by the Department of

Public Safety under Section 34.002, each school district may

conduct a training session for students and teachers concerning

procedures for evacuating a school bus during an emergency.

(b) A school district that chooses to conduct a training session

under Subsection (a) is encouraged to conduct the school bus

emergency evacuation training session in the fall of the school

year. The school district is also encouraged to structure the

training session so that the session applies to school bus

passengers, a portion of the session occurs on a school bus, and

the session lasts for at least one hour.

(c) The school bus emergency evacuation training must be based

on the recommendations of the most recent edition of the National

School Transportation Specifications and Procedures, as adopted

by the National Congress on School Transportation, or a similar

school transportation safety manual.

(c-1) Immediately before each field trip involving

transportation by school bus, a school district is encouraged to

review school bus emergency evacuation procedures with the school

bus passengers, including a demonstration of the school bus

emergency exits and the safe manner to exit.

(d) Not later than the 30th day after the date that a school

district completes a training session, the district shall provide

the Department of Public Safety with a record certifying the

district's completion of the training.

(e) The Department of Public Safety may adopt rules necessary to

implement this section.

Added by Acts 2007, 80th Leg., R.S., Ch.

923, Sec. 7, eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1347, Sec. 3, eff. June 19, 2009.

Sec. 34.003. OPERATION OF SCHOOL BUSES. (a) School buses or

mass transit authority motor buses shall be used for the

transportation of students to and from schools on routes having

10 or more students. On those routes having fewer than 10

students, passenger cars may be used for the transportation of

students to and from school.

(b) To transport students in connection with school activities

other than on routes to and from school:

(1) only school buses or motor buses may be used to transport 15

or more students in any one vehicle; and

(2) passenger cars or passenger vans may be used to transport

fewer than 15 students.

(c) In all circumstances in which passenger cars or passenger

vans are used to transport students, the operator of the vehicle

shall ensure that the number of passengers in the vehicle does

not exceed the designed capacity of the vehicle and that each

passenger is secured by a safety belt.

(d) In this section, "passenger van" means a motor vehicle other

than a motorcycle or passenger car, used to transport persons and

designed to transport 15 or fewer passengers, including the

driver.

(e) "Motor bus" means a vehicle designed to transport more than

15 passengers, including the driver.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 1997, 75th Leg., ch. 1029, Sec. 1, eff.

June 19, 1997; Acts 1997, 75th Leg., ch. 1438, Sec. 3, eff. Sept.

1, 1997.

Sec. 34.004. STANDING CHILDREN. A school district may not

require or allow a child to stand on a school bus or passenger

van that is in motion.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 1997, 75th Leg., ch. 1029, Sec. 2, eff.

June 19, 1997.

Sec. 34.005. FINANCING. (a) A school district financially

unable to immediately pay for a school motor vehicle, including a

bus, bus body, or bus chassis, the district purchases may, as

prescribed by this section, issue interest-bearing time warrants

in amounts sufficient to make the purchase.

(b) The warrants must mature in serial installments not later

than the fifth anniversary of the date of issue and bear interest

at a rate not to exceed the maximum rate provided by Section

1204.006, Government Code. The warrants shall be issued and sold

at not less than their face value.

(c) The proceeds of the sale of the warrants shall be used to

provide the funds required for the purchase.

(d) The warrants, on maturity and in the order of their maturity

dates, are payable out of any available funds of the school

district and, as they become due, are entitled to first and prior

payment out of those funds.

(e) Full records of all warrants issued and sold shall be kept

by the school district.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.205, eff.

Sept. 1, 2001.

Sec. 34.006. SALE OF BUSES. (a) At the request of a school

district, the comptroller shall dispose of a school bus.

(b) A school district is not required to dispose of a school bus

through the comptroller.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

937, Sec. 1.84, eff. September 1, 2007.

Sec. 34.007. PUBLIC SCHOOL TRANSPORTATION SYSTEM. (a) A board

of county school trustees or a school district board of trustees

may establish and operate an economical public school

transportation system:

(1) in the county or district, as applicable; or

(2) outside the county or district, as applicable, if the county

or school district enters into an interlocal contract as provided

by Chapter 791, Government Code.

(b) In establishing and operating the transportation system, the

county or school district board shall:

(1) employ school bus drivers certified in accordance with

standards and qualifications adopted by the Department of Public

Safety; and

(2) on determining eligibility for transportation services,

allow a parent to designate one of the following locations

instead of the child's residence as the regular location for

purposes of obtaining transportation under the system to and from

the child's school, if the location is an approved stop on an

approved route:

(A) a child-care facility, as defined by Section 42.002, Human

Resources Code; or

(B) the residence of a grandparent of the child.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 2001, 77th Leg., ch. 169, Sec. 3, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 201, Sec. 24, eff. Sept.

1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

449, Sec. 1, eff. June 16, 2007.

Acts 2007, 80th Leg., R.S., Ch.

817, Sec. 1, eff. June 15, 2007.

Sec. 34.008. CONTRACT WITH TRANSIT AUTHORITY, COMMERCIAL

TRANSPORTATION COMPANY, OR JUVENILE BOARD. (a) A board of

county school trustees or school district board of trustees may

contract with a mass transit authority, commercial transportation

company, or juvenile board for all or any part of a district's

public school transportation if the authority, company, or board:

(1) requires its school bus drivers to have the qualifications

required by and to be certified in accordance with standards

established by the Department of Public Safety; and

(2) uses only those school buses or mass transit authority buses

in transporting 15 or more public school students that meet or

exceed safety standards for school buses established under

Section 34.002.

(b) This section does not prohibit the county or school district

board from supplementing the state transportation cost allotment

with local funds necessary to provide complete transportation

services.

(c) A mass transit authority contracting under this section for

daily transportation of pre-primary, primary, or secondary

students to or from school shall conduct, in a manner and on a

schedule approved by the county or district school board, the

following education programs:

(1) a program to inform the public that public school students

will be riding on the authority's or company's buses;

(2) a program to educate the drivers of the buses to be used

under the contract of the special needs and problems of public

school students riding on the buses; and

(3) a program to educate public school students on bus riding

safety and any special considerations arising from the use of the

authority's or company's buses.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 1997, 75th Leg., ch. 1438, Sec. 5, eff.

Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

449, Sec. 2, eff. June 16, 2007.

Acts 2007, 80th Leg., R.S., Ch.

449, Sec. 3, eff. June 16, 2007.

Sec. 34.009. CONTRACTS FOR USE, ACQUISITION, OR LEASE OF SCHOOL

BUS. (a) As an alternative to purchasing a school bus, a board

of county school trustees or school district board of trustees

may contract with any person for use, acquisition, or lease with

option to purchase of a school bus if the county or school

district board determines the contract to be economically

advantageous to the county or district. A contract in the form of

an installment purchase or any form other than a lease or lease

with option to purchase is subject to Section 34.001.

(b) A school bus that is leased or leased with an option to

purchase under this section must meet or exceed the safety

standards for school buses established under Section 34.002,

Education Code.

(c) Each contract that reserves to the county or school district

board the continuing right to terminate the contract at the

expiration of each budget period of the board during the term of

the contract is considered to be a commitment of current revenues

only.

(d) Termination penalties may not be included in any contract

under this section. The net effective interest rate on any

contract must comply with Chapter 1204, Government Code.

(e) The competitive bidding requirements of Subchapter B,

Chapter 44, apply to a contract under this section.

(f) The commissioner shall adopt a recommended contract form for

the use, acquisition, or lease with option to purchase of school

buses. A district is not required to use the contract.

(g) After a contract providing for payment aggregating $100,000

or more by a school district is authorized by the board of

trustees, the board may submit the contract and the record

relating to the contract to the attorney general for the attorney

general's examination as to the validity of the contract. The

approval is not required as a term of the contract. If the

contract has been made in accordance with the constitution and

laws of the state, the attorney general shall approve the

contract, and the comptroller shall register the contract. After

the contract has been approved by the attorney general and

registered by the comptroller, the validity of the contract is

incontestable for any cause. The legal obligations of the lessor,

vendor, or supplier of the property to the board are not

diminished in any respect by the approval and registration of a

contract.

(h) The decision of a board of county school trustees or school

district board of trustees to use an alternative form of use,

acquisition, or purchase of a school bus does not affect a

district's eligibility for participation in the transportation

funding provisions of the Foundation School Program or any other

state funding program.

(i) A contract entered into under this section is a legal and

authorized investment for banks, savings banks, trust companies,

building and loan associations, savings and loan associations,

insurance companies, fiduciaries, and trustees and for the

sinking funds of school districts.

(j) A contract under this section may have any lawful term of

not less than two or more than 10 years.

(k) A school district may use the provisions of any other law

not in conflict with this section to the extent convenient or

necessary to carry out any power or authority, express or

implied, granted by this section.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 1997, 75th Leg., ch. 1438, Sec. 6, eff.

Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1420, Sec. 8.206, eff.

Sept. 1, 2001.

Sec. 34.010. USE OF SCHOOL BUSES FOR EXTRACURRICULAR AND OTHER

SCHOOL-RELATED ACTIVITIES. (a) A school district board of

trustees or board of county school trustees governing a

countywide transportation system may contract with nonschool

organizations for the use of school buses. The county or school

district board may provide services relating to the maintenance

and operation of the buses in accordance with the contract.

(b) The commissioner shall ensure that the costs of using school

buses for a purpose other than the transportation of students to

or from school, including transportation for an extracurricular

activity or field trip or of members of an organization other

than a school organization, are properly identified in the Public

Education Information Management System (PEIMS).

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 34.011. APPEALS. A policy decision of a board of county

school trustees or board of trustees of a school district

affecting transportation is final and may not be appealed.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 34.012. THREE-POINT SEAT BELT INSTRUCTION; INFORMATION

CLEARINGHOUSE. (a) The State Board of Education shall develop

and make available to each school district a program of

instruction in the proper use of a three-point seat belt.

(b) The State Board of Education shall serve as a clearinghouse

of best practices for school districts seeking the most efficient

and sensible information regarding school bus safety, including

possible compliance with Section 547.701, Transportation Code,

using school buses originally purchased without seat belts.

Added by Acts 2007, 80th Leg., R.S., Ch.

259, Sec. 3, eff. September 1, 2007.

Sec. 34.013. BUS SEAT BELT POLICY. A school district shall

require a student riding a bus operated by or contracted for

operation by the district to wear a seat belt if the bus is

equipped with seat belts for all passengers on the bus. A school

district may implement a disciplinary policy to enforce the use

of seat belts by students.

Added by Acts 2007, 80th Leg., R.S., Ch.

259, Sec. 3, eff. September 1, 2007.

Sec. 34.014. FUNDING FOR THREE-POINT SEAT BELTS. (a) A person

may offer to donate three-point seat belts or money for the

purchase of three-point seat belts for a school district's school

buses.

(b) The board of trustees of a school district shall consider

any offer made by a person under Subsection (a). The board of

trustees may accept or decline the offer after adequate

consideration.

(c) The board of trustees may acknowledge a person who donates

three-point seat belts or money for the purchase of three-point

seat belts for a school bus under this section by displaying a

small, discreet sign on the side or back of the bus recognizing

the person who made the donation. The sign may not serve as an

advertisement for the person who made the donation.

Added by Acts 2007, 80th Leg., R.S., Ch.

259, Sec. 3, eff. September 1, 2007.

Sec. 34.015. REPORTING OF BUS ACCIDENTS. (a) In this section,

"bus" means a bus operated by or contracted for use by a school

district to transport schoolchildren.

(b) A school district shall report annually to the Texas

Education Agency the number of accidents in which the district's

buses are involved. The agency by rule shall determine the

information to be reported, including:

(1) the type of bus involved in the accident;

(2) whether the bus was equipped with seat belts;

(3) the number of students and adults involved in the accident;

(4) the number and types of injuries sustained by bus passengers

in the accident; and

(5) whether the injured passengers were wearing seat belts at

the time of the accident.

(c) The Texas Education Agency shall publish the reports

received under this section on its Internet website.

Added by Acts 2007, 80th Leg., R.S., Ch.

259, Sec. 3, eff. September 1, 2007.