(a) The following words and terms, when used in this section, shall have the following meanings, unless the context shall clearly indicate otherwise.
  (1) Authorized organization (AO)--An entity that has entered into a Memorandum of Understanding (MOU) with the department to administer the driving skills test for a non-commercial driver license on the department's behalf.
  (2) Examiner--An individual certified by the department to conduct a skills test.
  (3) Successor in interest--Change of ownership of a business that is carried on and controlled substantially as it was before the ownership change.
(b) An organization is eligible to enter into a MOU with the department and to administer a skills test for a non-commercial driver license if it:
  (1) Maintains a valid driver education school license issued by the Texas Department of Licensing and Regulation (TDLR);
  (2) Has held the driver education school license issued by the TDLR for a minimum of one year;
  (3) Ensures completion of the appropriate Impact Texas Drivers (ITD) curriculum to its driver education students; and
  (4) Complies with the requirements of the MOU with the department.
(c) An individual employed by an AO is eligible to become an examiner and conduct skills tests if he or she:
  (1) Maintains a valid driver education instructor license issued by the TDLR;
  (2) Has held the driver education instructor license issued by the TDLR for at least one year;
  (3) Maintains a valid, unexpired Texas driver license;
  (4) Has not been convicted of:
    (A) Any felony;
    (B) Criminally negligent homicide;
    (C) Driving while intoxicated within seven years; or
    (D) Driving under the influence within seven years.
  (5) Does not have six or more points assigned to his or her Texas driver license;
  (6) Has successfully completed the department prescribed training set out in the MOU; and
  (7) Conforms to the standards of the MOU 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; amended to be effective November 2, 2017, 42 TexReg 6031