By Smithee H.B. No. 773
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to motor vehicle liability insurance premium discounts
1-3 and dismissal of certain citations for completion of a driving
1-4 safety course; providing a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 143A(a) and (a-1), Uniform Act
1-7 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
1-8 Statutes), are amended to read as follows:
1-9 (a) When a person is charged with a misdemeanor offense
1-10 under this Act, other than a violation of Section 39, 40, 51, 104,
1-11 or 186 or a serious traffic violation as defined in Section 3(26),
1-12 Texas Commercial Driver's License Act (Article 6687b-2, Revised
1-13 Statutes), committed while operating a motor vehicle, the defendant
1-14 shall be advised by the court of his right to successfully complete
1-15 a driving safety course and the court:
1-16 (1) in its discretion may defer proceedings and allow
1-17 the person 90 days to present a uniform certificate of course
1-18 completion as evidence that, subsequent to the alleged act, the
1-19 person has successfully completed a driving safety course approved
1-20 under the Texas Driver and Traffic Safety Education Act (Article
1-21 4413(29c), Vernon's Texas Civil Statutes); or
1-22 (2) shall defer proceedings and allow the person 90
1-23 days to present a uniform certificate of course completion as
1-24 written evidence that, subsequent to the alleged act, the person
2-1 has successfully completed a driving safety course approved under
2-2 the Texas Driver and Traffic Safety Education Act (Article
2-3 4413(29c), Vernon's Texas Civil Statutes), if:
2-4 (A) the person enters a plea in person or in
2-5 writing of No Contest or Guilty and presents to the court an oral
2-6 request or a written request, in person or by mail <postmarked on
2-7 or before the answer date on the citation>, postmarked within 30
2-8 days from the answer date on the citation, to take a course;
2-9 (B) the court enters judgment on the person's
2-10 plea of No Contest or Guilty at the time the plea is made but
2-11 defers imposition of the judgment for 90 days;
2-12 (C) the person has a valid Texas driver's
2-13 license or permit;
2-14 (D) the person's driving record as maintained by
2-15 the Texas Department of Public Safety does not indicate successful
2-16 completion of a driving safety course under this subdivision within
2-17 the one year immediately preceding the date of the alleged offense;
2-18 (E) the person files an affidavit with the court
2-19 stating that the person is not in the process of taking a course
2-20 under this subdivision and has not completed a course under this
2-21 subdivision that is not yet reflected on the person's driving
2-22 record;
2-23 (F) the offense charged is for an offense
2-24 covered by this section other than speeding 25 miles per hour or
2-25 more over the posted speed limit at the place where the alleged
2-26 offense occurred; and
2-27 (G) the person provides proof of financial
3-1 responsibility as required by Section 1A, Texas Motor Vehicle
3-2 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
3-3 Statutes).
3-4 (a-1) A written request to take a driving safety course
3-5 under Subsection (a)(2) of this section that is mailed must be
3-6 <timely if it is> sent by certified mail, return receipt requested,
3-7 and be postmarked within 30 days from the answer date on the
3-8 citation<, and is postmarked on or before the answer date on the
3-9 citation>; however, the court may, in its discretion, upon written
3-10 motion submitted to the court at any time prior to the final
3-11 disposition of the case, grant a request to take a driving safety
3-12 course under Subsection (a)(1) or (a)(2) of this section.
3-13 SECTION 2. Section 143A, Uniform Act Regulating Traffic on
3-14 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
3-15 by adding Subsection (a-4) and amending Subsection (b) to read as
3-16 follows:
3-17 (a-4) A court may not accept a uniform certificate of course
3-18 completion unless the person submitting the certificate submits the
3-19 original certificate or a duplicate certificate issued by a
3-20 licensed driver training school. If a duplicate certificate is
3-21 submitted, the certificate must be accompanied by an affidavit
3-22 executed under penalty of perjury by the person submitting the
3-23 duplicate certificate stating that the person has not submitted a
3-24 certificate of course completion to a motor vehicle liability
3-25 insurer in connection with completion of that course.
3-26 (b) When the person complies with the provisions of
3-27 Subsections <Subsection> (a) and (a-4) of this section and a
4-1 uniform certificate of course completion is accepted by the court,
4-2 the court shall remove the judgment and dismiss the charge, but the
4-3 court may only dismiss one charge for completion of each course.
4-4 When a charge is dismissed under this section, the charge may
4-5 not be part of the person's driving record or used for any purpose,
4-6 but the court shall report the fact that a person has successfully
4-7 completed a driving safety course and the date of completion to the
4-8 Texas Department of Public Safety for inclusion in the person's
4-9 driving record. The court shall note in its report whether the
4-10 course was taken under the procedure provided by Subdivision (2) of
4-11 Subsection (a) of this section for the purpose of providing
4-12 information necessary to determine eligibility to take a subsequent
4-13 course under that subdivision. An insurer delivering or issuing
4-14 for delivery a motor vehicle insurance policy in this state may not
4-15 cancel or increase the premium charged the insured under the policy
4-16 merely because of an offense dismissed under this section or
4-17 because the insured completed a driving safety course under this
4-18 section.
4-19 SECTION 3. The Texas Driver and Traffic Safety Education Act
4-20 (Article 4413(29c), Vernon's Texas Civil Statutes) is amended by
4-21 adding Section 9A to read as follows:
4-22 Sec. 9A. DUPLICATE CERTIFICATE. (a) A driver training
4-23 school may issue a duplicate uniform certificate of completion to a
4-24 student who has successfully completed an agency-approved six-hour
4-25 driving safety course only if the student executes an affidavit
4-26 stating that the original certificate issued to the student was
4-27 lost or stolen and that the student has not submitted the original
5-1 certificate to a court or to a motor vehicle liability insurer.
5-2 (b) A duplicate uniform certificate of completion issued
5-3 under this section must be clearly marked "duplicate."
5-4 (c) A person commits an offense if the person knowingly
5-5 executes a false affidavit under Subsection (a) of this section.
5-6 An offense under this subsection is a Class C misdemeanor.
5-7 SECTION 4. Subchapter A, Chapter 5, Insurance Code, is
5-8 amended by adding Article 5.01-1A to read as follows:
5-9 Art. 5.01-1A. DISCOUNTS FOR DRIVING SAFETY COURSES. The
5-10 commissioner may adopt rules allowing a premium discount applicable
5-11 to a personal motor vehicle insurance policy for completion of a
5-12 driving safety course approved by the Central Education Agency.
5-13 The amount and conditions under which a motor vehicle insurer may
5-14 apply a premium discount shall be determined by the commissioner.
5-15 SECTION 5. This Act takes effect September 1, 1995, and
5-16 applies only to a driving safety course completed on or after
5-17 January 1, 1996. A driving safety course completed before January
5-18 1, 1996, is governed by the law as it existed immediately before
5-19 the effective date of this Act, and that law is continued in effect
5-20 for that purpose.
5-21 SECTION 6. The importance of this legislation and the
5-22 crowded condition of the calendars in both houses create an
5-23 emergency and an imperative public necessity that the
5-24 constitutional rule requiring bills to be read on three several
5-25 days in each house be suspended, and this rule is hereby suspended.