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.