From: "Meghan Ashford-Grooms" <mashford-grooms@statesman.com>
Date: Fri, 19 Aug 2011 14:19:30 -0500
To: Meghan Ashford-Grooms <mashford-grooms@statesman.com>

DPS info
Date: Tue, 26 Jul 2011 14:15:43 -0500
From: Vinger, Tom
To: Meghan Ashford-Grooms <mashford-grooms@statesman.com>
Please note that if a school cites a student and they are convicted for truancy in court, , DPS has statutory authority to suspend the license, once notified by the court.  That is the current law.

1) HB 2466 allows DPS to issue a Class C license to applicant's under 18 if they met the requirements under Section 521.204, which now includes a written parental or guardian permission for school administrators or law enforcement to notify the department in the event the person has been absent from school for at least 20 consecutive instructional days. If DPS is notified by law enforcement or school administrators, the department has no authority to take enforcement
action. (i.e. revoke the license?)

As passed, HB 2466 does not have any language allowing enforcement of its provisions. 

2) Does DPS have the rule-making authority to decide to start taking enforcement action, i.e. revoking the licenses of those students who DPS is notified about  under HB 2466 (as having missed at least 20 instructional days)?

Based on our interpretation, HB 2466 did not address rule-making authority to take enforcement action related to HB 2466.

3) Is DPS working with TEA toward revoking the licenses of those students who DPS is notified about under HB 2466 (as having missed at least 20 instructional days)?

DPS does not have statutory or rulemaking authority to enforce provisions of HB 2466.


Tom Vinger
Assistant Chief of Media Relations