BILL ANALYSIS H.B. 1819 By: Luna 03-28-95 Committee Report (Unamended) BACKGROUND In October 1993, the State Board of Insurance adopted an amendment to the Texas Automobile Rules and Rating Manual, Rule 74.E., "Driver Credits." This amendment provides for a 5% discount to consumers who participate in an alcohol and drug abuse driving awareness course. This rule also directed the Texas Commission on Alcohol and Drug Abuse (TCADA) to certify and approve the driving awareness courses and the instructors. The TCADA has used its general authority to enact the program, but there is not a statute in the Health and Safety Code mandating this. All of the other TCADA programs have specific mandates. Having this in the Code will prevent a possible challenge from the reimbursing insurance companies. PURPOSE H.B. 1819 grants the TCADA a mandate to certify and approve the alcohol and drug driving awareness programs, as directed by the State Board of Insurance in its Texas Rules and Rating Manual, Rule 74.E., "Driver Credits." RULEMAKING AUTHORITY It is the committee's opinion that this bill expressly grants additional rulemaking authority to the TCADA in Section 2 (Section 461.0134(b), Health and Safety Code). SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 461.012(a) of the Health and Safety Code as follows: Subsection (a): A technical clarification divides paragraph (15) into paragraphs (15) and (16), and renumbers the ensuing paragraphs accordingly. Adds paragraph (18), which requires the TCADA to approve alcohol and drug abuse driving awareness programs in accordance with Section 461.0134 (added by this Act). SECTION 2. Adds Section 461.0134, entitled "ALCOHOL AND DRUG ABUSE DRIVING AWARENESS PROGRAMS" to the Health and Safety Code, as follows: Subsection (a) requires the TCADA to approve any alcohol and drug abuse driving awareness program that allows individuals to become eligible for a premium discount for personal automobile insurance. Subsection (b) requires the TCADA to adopt rules governing such a program and its providers, and to monitor, coordinate and provide training to individuals presenting the program. Subsection (c) allows the TCADA to charge an application fee for approval or renewal of a program. Subsection (d) provides that Section 461.0134 applies only if the Commissioner of Insurance adopts rules requiring auto insurance premium discounts for the completion of this program. SECTION 3. Emergency clause. Effective upon passage. SUMMARY OF COMMITTEE ACTION H.B. 1819 was considered by the Public Health Committee in a public hearing on March 28, 1995. The following person testified for the bill: Representative Luna, author of the bill. The bill was reported favorably without amendment with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 7 Ayes, 0 Nays, 0 PNV, and 2 Absent.