By Smithee H.B. No. 773
74R2840 DLF-D
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. Section 143A, Uniform Act Regulating Traffic on
1-7 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
1-8 by adding Subsection (a-4) and amending Subsection (b) to read as
1-9 follows:
1-10 (a-4) A court may not accept a uniform certificate of course
1-11 completion unless the person submitting the certificate submits the
1-12 original certificate or a duplicate certificate issued by a
1-13 licensed driver training school. If a duplicate certificate is
1-14 submitted, the certificate must be accompanied by an affidavit
1-15 executed under penalty of perjury by the person submitting the
1-16 duplicate certificate stating that the person has not submitted a
1-17 certificate of course completion to a motor vehicle liability
1-18 insurer in connection with completion of that course.
1-19 (b) When the person complies with the provisions of
1-20 Subsections <Subsection> (a) and (a-4) of this section and a
1-21 uniform certificate of course completion is accepted by the court,
1-22 the court shall remove the judgment and dismiss the charge, but the
1-23 court may only dismiss one charge for completion of each course.
1-24 When a charge is dismissed under this section, the charge may
2-1 not be part of the person's driving record or used for any purpose,
2-2 but the court shall report the fact that a person has successfully
2-3 completed a driving safety course and the date of completion to the
2-4 Texas Department of Public Safety for inclusion in the person's
2-5 driving record. The court shall note in its report whether the
2-6 course was taken under the procedure provided by Subdivision (2) of
2-7 Subsection (a) of this section for the purpose of providing
2-8 information necessary to determine eligibility to take a subsequent
2-9 course under that subdivision. An insurer delivering or issuing
2-10 for delivery a motor vehicle insurance policy in this state may not
2-11 cancel or increase the premium charged the insured under the policy
2-12 merely because of an offense dismissed under this section or
2-13 because the insured completed a driving safety course under this
2-14 section.
2-15 SECTION 2. The Texas Driver and Traffic Safety Education Act
2-16 (Article 4413(29c), Vernon's Texas Civil Statutes) is amended by
2-17 adding Section 9A to read as follows:
2-18 Sec. 9A. DUPLICATE CERTIFICATE. (a) A driver training
2-19 school may issue a duplicate uniform certificate of completion to a
2-20 student who has successfully completed an agency-approved six-hour
2-21 driving safety course only if the student executes an affidavit
2-22 stating that the original certificate issued to the student was
2-23 lost or stolen and that the student has not submitted the original
2-24 certificate to a court or to a motor vehicle liability insurer.
2-25 (b) A duplicate uniform certificate of completion issued
2-26 under this section must be clearly marked "duplicate."
2-27 (c) A person commits an offense if the person knowingly
3-1 executes a false affidavit under Subsection (a) of this section.
3-2 An offense under this subsection is a Class C misdemeanor.
3-3 SECTION 3. Subchapter A, Chapter 5, Insurance Code, is
3-4 amended by adding Article 5.01-1A to read as follows:
3-5 Art. 5.01-1A. DISCOUNTS FOR DRIVING SAFETY COURSES. (a)
3-6 The commissioner may adopt rules requiring a premium discount
3-7 applicable to a personal motor vehicle insurance policy for
3-8 completion of a driving safety course approved by the Central
3-9 Education Agency. The amount of the premium discount shall be
3-10 determined by the commissioner.
3-11 (b) A motor vehicle insurer may not apply the premium
3-12 discount authorized by Subsection (a) of this article if the
3-13 individual who completed the driving safety course submitted a
3-14 uniform certificate of completion of the driving safety course to a
3-15 court to obtain the dismissal of an offense under Section 143A,
3-16 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
3-17 Texas Civil Statutes). The commissioner shall adopt rules to
3-18 implement this section.
3-19 SECTION 4. This Act takes effect September 1, 1995, and
3-20 applies only to a driving safety course completed on or after
3-21 January 1, 1996. A driving safety course completed before January
3-22 1, 1996, is governed by the law as it existed immediately before
3-23 the effective date of this Act, and that law is continued in effect
3-24 for that purpose.
3-25 SECTION 5. The importance of this legislation and the
3-26 crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended.