TITLE 16. ECONOMIC REGULATION
PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 84. DRIVER EDUCATION AND SAFETY
The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 84, Subchapter A, §84.3; Subchapter M, §84.500 and §84.504; Subchapter N, §84.600; and the Program Guides, regarding the Driver Education and Safety (DES) program. These proposed changes are referred to as "proposed rules."
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The proposed rules under 16 TAC, Chapter 84, implement Senate Bill (SB) 1366, 89th Legislature, Regular Session (2025), and Texas Education Code, Chapter 1001, Driver and Traffic Safety Education.
The proposed rules are necessary to address the Legislature's driver training instruction changes for the implementation of SB 1366 for the DES program, which mandates that driver training course curriculum includes information relating to the dangers and penalties associated with violating traffic laws in construction and maintenance work zones. The DES Program Guides were amended to May 2026 to reflect the changes mandated by SB 1366 as well. The Program Guides will be published separately in the "In Addition" section of the Texas Register.
ADVISORY BOARD RECOMMENDATIONS
The proposed rules were presented to and discussed by the Driver Training and Traffic Safety Advisory Board at its meeting on November 12, 2025. The Advisory Board did not make any changes to the proposed rules. The Advisory Board voted and recommended that the proposed rules be published in the Texas Register for public comment.
SECTION-BY-SECTION SUMMARY
The proposed rules amend §84.3, Materials Adopted by Reference, to reflect the change in the new edition dates for the DES Program Guides to "May 2026 Edition".
The proposed rules amend §84.500, Courses of Instruction for Driver Education Providers, to include, consistent with SB 1366, that information related to penalties, fines, and inherent dangers such as bodily injury, death, and property damage associated with the violation of traffic laws in construction and maintenance work zones be included in driver education course curriculum.
The proposed rules amend §84.504, Driving Safety Courses of Instruction, to include, consistent with SB 1366, that information related to penalties, fines, and inherent dangers such as bodily injury, death, and property damage associated with the violation of traffic laws in construction and maintenance work zones be included in driving safety course curriculum.
The proposed rules amend §84.600, Program of Organized Instruction, to: (1) clarify that the educational objectives in §84.500 (Courses of Instruction for Driver Education Providers), and the Program Guides apply to exempt entities such as public schools, educational service centers, colleges and universities in their instruction; and (2) include, consistent with SB 1366, that information related to penalties, fines, and inherent dangers such as bodily injury, death, and property damage associated with violation of traffic laws in construction and maintenance work zones be included in their driver education course curriculum.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT
Tony Couvillon, Senior Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rules are in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rules.
Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rules.
LOCAL EMPLOYMENT IMPACT STATEMENT
Because Mr. Couvillon has determined that the proposed rules will not affect a local economy, the agency is not required to prepare a local employment impact statement under Texas Government Code §2001.022.
PUBLIC BENEFITS
Mr. Couvillon also has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be that drivers will be made more aware of the dangers associated with violating traffic laws in construction or maintenance work zones, and the penalties for certain offenses committed in a construction or maintenance work zone. The proposed rules also align the educational objectives for driver training and driving safety courses with SB 1366, and the DES Program Guides to include all required topics.
PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL
Mr. Couvillon has determined that for each year of the first five-year period the proposed rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules.
All driver training school courses of instruction will have to be altered as to time and content to include information relating to construction or maintenance work zones. Changing the content of their courses could result in a small cost to some providers, but these costs are anticipated to be minimal, if any.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT
The proposed rules do not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT
Pursuant to Texas Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rules will be in effect, the agency has determined the following:
1. The proposed rules do not create or eliminate a government program.
2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.
3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.
4. The proposed rules do not require an increase or decrease in fees paid to the agency.
5. The proposed rules do not create a new regulation.
6. The proposed rules expand, limit, or repeal an existing regulation.
The proposed rules expand an existing regulation by adding a new educational objective for driver education and driving safety courses by requiring the inclusion of information relating to construction or maintenance work zones.
7. The proposed rules do not increase or decrease the number of individuals subject to the rules' applicability.
8. The proposed rules do not positively or adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT
The Department has determined that no private real property interests are affected by the proposed rules, and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES
The Department is requesting public comments on the proposed rules and information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rules. Please do not submit copyrighted, confidential, or proprietary information.
Comments on the proposed rules and responses to the request for information may be submitted electronically on the Department's website at https://ga.tdlr.texas.gov:1443/form/DES_Rule_Making; by facsimile to (512) 475-3032; or by mail to Shamica Mason, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.
SUBCHAPTER
A.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is Senate Bill 1366, 89th Legislature, Regular Session (2025).
§84.3.
(a)
The minimum requirements for course content, classroom instruction, in-car, simulation, and range training required by this chapter for a minor and adult driver education course are the standards established in the Program of Organized Instruction in Driver Education and Traffic Safety (POI-DE), May 2026 [December 2024] Edition, created and distributed by the department, which is adopted into these rules by reference.
(b)
The minimum requirements for course content and instruction for a driver education course exclusively for adults are the standards established in the Program of Organized Instruction in Driver Education and Traffic Safety Exclusively for Adults Six-Hour Course (POI-Adult Six-Hour), May 2026 [December 2024] Edition, created and distributed by the department, which is adopted into these rules by reference.
(c)
The minimum requirements for course content and instruction for a driving safety course are the standards established in the Course of Organized Instruction for Driving Safety, (COI-Driving Safety), May 2026 [December 2024] Edition, created and distributed by the department, which is adopted into these rules by reference.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 8, 2025.
TRD-202504454
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: January 18, 2026
For further information, please call: (512) 463-7750
SUBCHAPTER
M.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is Senate Bill 1366, 89th Legislature, Regular Session (2025).
§84.500.
(a) The educational objectives of driver training courses must include promoting respect for and encouraging observance of traffic laws and traffic safety responsibilities of driver education and citizens; instruction on law enforcement procedures for traffic stops; human trafficking prevention; litter prevention; anatomical gifts; leaving children in vehicles unattended; distractions; motorcycle awareness; recreational water safety; information relating to the Texas Driving with Disabilities Program; safely operating a vehicle near oversize or overweight vehicles; the passing of certain vehicles as described in Transportation Code §545.157; the dangers and consequences of street racing; alcohol awareness and its effect on motor vehicle operation; reducing traffic violations, injuries, deaths, and economic losses; proper child passenger safety seat system use; information relating to penalties, fines, and inherent dangers such as bodily injury, death, and property damage in construction and maintenance work zones; and instilling safe driving habits through education, including Texas traffic laws, risk management, driver attitudes, courtesy skills, and evasive driving techniques.
[(a) The educational objectives of driver training courses must include, but not be limited to, promoting respect for and encouraging observance of traffic laws and traffic safety responsibilities of driver education and citizens; instruction on law enforcement procedures for traffic stops in accordance with provisions of the Community Safety Education Act; information relating to human trafficking prevention in accordance with the provisions of the Julia Wells Act (Senate Bill 1831, Section 3, 87th Regular Legislature (2021)); information relating to the Texas Driving with Disabilities Program (Senate Bill 2304, 88th Regular Legislature (2023)); litter prevention; anatomical gifts; safely operating a vehicle near oversize or overweight vehicles; the passing of certain vehicles as described in Transportation Code §545.157; the dangers and consequences of street racing; leaving children in vehicles unattended; distractions; motorcycle awareness; alcohol awareness and the effect of alcohol on the effective operation of a motor vehicle; recreational water safety; reducing traffic violations, injuries, deaths, and economic losses; the proper use of child passenger safety seat systems; and motivating development of traffic-related competencies through education, including, but not limited to, Texas traffic laws, risk management, driver attitudes, courtesy skills, and evasive driving techniques.]
(b) - (e) (No change.)
§84.504.
This section contains requirements for traditional classroom driving safety courses. For each course, the following curriculum documents and materials are required to be submitted as part of the application for approval. Courses of instruction must not be approved that contain language that a reasonable and prudent individual would consider inappropriate. Any changes and updates to a course must be submitted by the driving safety provider and approved prior to being offered.
(1) Driving safety courses.
(A) Educational objectives. The educational objectives of driving safety courses must include promoting respect for and encouraging observance of traffic laws and traffic safety responsibilities of drivers and citizens; instruction on law enforcement procedures for traffic stops; human trafficking prevention; litter prevention; anatomical gifts; leaving children in vehicles unattended; distractions; motorcycle awareness; information relating to the Texas Driving with Disabilities Program; safely operating a vehicle near oversize or overweight vehicles; the passing of certain vehicles as described in Transportation Code §545.157; the dangers and consequences of street racing; alcohol awareness and its effect on motor vehicle operation; reducing traffic violations, injuries, deaths, and economic losses; proper child passenger safety seat system use; information relating to penalties, fines, and inherent dangers such as bodily injury, death, and property damage in construction and maintenance work zones; and instilling safe driving habits through education, including Texas traffic laws, risk management, driver attitudes, courtesy skills, and evasive driving techniques.
[(A) Educational objectives. The educational objectives of driving safety courses must include, but not be limited to, promoting respect for and encouraging observance of traffic laws and traffic safety responsibilities of drivers and citizens; information relating to human trafficking prevention in accordance with the provisions of the Julia Wells Act (Senate Bill 1831, Section 3, 87th Regular Legislature (2021)); information relating to the Texas Driving with Disabilities Program (Senate Bill 2304, 88th Regular Legislature (2023)); implementation of law enforcement procedures for traffic stops in accordance with the provisions of the Community Safety Education Act; the proper use of child passenger safety seat systems; safely operating a vehicle near oversize or overweight vehicles; the passing of certain vehicles as described in Transportation Code §545.157; the dangers and consequences of street racing; reducing traffic violations; reducing traffic-related injuries, deaths, and economic losses; and motivating continuing development of traffic-related competencies.]
(B) - (H) (No change.)
(2) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 8, 2025.
TRD-202504455
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: January 18, 2026
For further information, please call: (512) 463-7750
SUBCHAPTER
N.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is Senate Bill 1366, 89th Legislature, Regular Session (2025).
§84.600.
(a) - (b) (No change.)
(c)
Course content, minimum instruction requirements, and administrative guidelines for each phase of driver education classroom instruction, in-car training (behind-the-wheel and observation), simulation, and multicar range must include the instructional objectives established by the department, as specified in §84.500 (relating to Courses of Instruction for Driver Education Providers), this subsection and the POI-DE, and meet the requirements of this subchapter. Sample instructional modules may be obtained from the department. Schools may use sample instructional modules developed by the department or develop their own instructional modules based on the approved instructional objectives. The instructional objectives are organized into the modules outlined in this subsection and include objectives for classroom and in-car training (behind-the-wheel and observation), simulation lessons, parental involvement activities, and evaluation techniques. [In addition, the instructional objectives that must be provided to every student enrolled in a minor and adult driver education course include information relating to litter prevention; anatomical gifts; safely operating a vehicle near oversize or overweight vehicles; distractions, including the use of a wireless communication device that includes texting; motorcycle awareness; alcohol awareness and the effect of alcohol on the effective operation of a motor vehicle; and recreational water safety.] A student may apply to the Texas Department of Public Safety (DPS) for a learner's license after completing six hours of instruction as specified in Module One of the POI-DE.
(d) - (j) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 8, 2025.
TRD-202504456
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: January 18, 2026
For further information, please call: (512) 463-7750