Section 15.61 - Third Party Skills Testing(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:(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.37 Tex. Admin. Code § 15.61
The provisions of this §15.61 adopted to be effective March 16, 2014, 39 TexReg 1724; Amended by Texas Register, Volume 42, Number 43, October 27, 2017, TexReg 6031, eff. 11/2/2017