(a) A legal written or electronic student enrollment contract must be executed prior to the provider's receipt of any money. Electronic signatures shall comply with Texas Business and Commerce Code, Chapter 322.
(b) All driver training provider student enrollment contracts must contain at least the following:
(1) the student's legal name and, for driver safety courses, the student's driver license number;
(2) the student's address, including city, state, and zip code;
(3) the student's telephone number;
(4) the student's date of birth;
(5) the full legal name and license number of the primary driver education provider or the branch provider, or the driving safety provider, as applicable;
(6) the specific driver training course to be taught;
(7) the agreed total contract charges that itemize all tuition, fees, and other charges;
(8) the terms of payment;
(9) the number of classroom lessons;
(10) the length of each lesson and course;
(11) the provider's cancellation, termination, and refund policy;
(12) a statement indicating the specific location, date, and time that classroom instruction is scheduled to begin; the date classroom instruction is scheduled to end; and the amount of time a student has to complete all classroom instruction, makeup assignments, and in-car instruction, if applicable;
(13) the number of in-car lessons, if applicable;
(14) the rate per classroom lesson;
(15) the rate per in-car lesson, if applicable;
(16) a statement that the provider maintains a business insurance policy for vehicles with coverage as required by Texas Transportation Code, Chapter 601, and uninsured or underinsured coverage, if applicable;
(17) the signature of a representative for the provider; and
(18) the student's signature or, if a driver education student is younger than 18, the printed name and signature of the parent or legal guardian. The signature of the parent or legal guardian is not required for an individual younger than 18 who is, or has been, married or emancipated by court order.
(c) A copy of the enrollment contract must be delivered by the provider to the student, if 18 years of age or older, or to the parent or legal guardian that signed the contract.
(d) A copy of each enrollment contract is a part of the student files maintained by all driver education providers.
(e) Driver education courses exclusively for adults and driving safety providers may use a group contract that includes more than one student's name.
(f) Driver training provider student enrollment contracts must contain the following notice for the student which states: Any grievances not resolved by the provider may be forwarded to the Texas Department of Licensing and Regulation, Driver Education and Safety, P.O. Box 12157, Austin, Texas 78711, or by facsimile to (512) 463-9468, or electronically to: https://www.tdlr.texas.gov/help/. The current telephone numbers of the department are 800-803-9202 or (512) 463-6599.
Source Note: The provisions of this §84.82 adopted to be effective June 1, 2023, 48 TexReg 2702