By Luna                                               H.B. No. 1819
       74R3282 DLF-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to approval of alcohol and drug abuse driving awareness
    1-3  programs for personal automobile insurance discounts.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 461.012(a), Health and Safety Code, as
    1-6  amended by Section 1, Chapter 637, Acts of the 73rd Legislature,
    1-7  1993, and Section 4, Chapter 671, Acts of the 73rd Legislature,
    1-8  1993, is amended to read as follows:
    1-9        (a)  The commission shall:
   1-10              (1)  provide for research and study of the problems of
   1-11  chemical dependency in this state and seek to focus public
   1-12  attention on those problems through public information and
   1-13  education programs;
   1-14              (2)  plan, develop, coordinate, evaluate, and implement
   1-15  constructive methods and programs for the prevention, intervention,
   1-16  treatment, and rehabilitation of chemical dependency in cooperation
   1-17  with federal and state agencies, local governments, organizations,
   1-18  and persons, and provide technical assistance, funds, and
   1-19  consultation services for statewide and community-based services;
   1-20              (3)  cooperate with and enlist the assistance of:
   1-21                    (A)  other state, federal, and local agencies;
   1-22                    (B)  hospitals and clinics;
   1-23                    (C)  public health, welfare, and criminal justice
   1-24  system authorities;
    2-1                    (D)  educational and medical agencies and
    2-2  organizations; and
    2-3                    (E)  other related public and private groups and
    2-4  persons;
    2-5              (4)  expand chemical dependency services for children
    2-6  when funds are available because of the long-term benefits of those
    2-7  services to the state and its citizens;
    2-8              (5)  sponsor, promote, and conduct educational programs
    2-9  on the prevention and treatment of chemical dependency, and
   2-10  maintain a public information clearinghouse to purchase and provide
   2-11  books, literature, audiovisuals, and other educational material for
   2-12  the programs;
   2-13              (6)  sponsor, promote, and conduct training programs
   2-14  for persons delivering prevention, intervention, treatment, and
   2-15  rehabilitation services and for persons in the criminal justice
   2-16  system or otherwise in a position to identify chemically dependent
   2-17  persons and their families in need of service;
   2-18              (7)  require programs rendering services to chemically
   2-19  dependent persons to safeguard those persons' legal rights of
   2-20  citizenship and maintain the confidentiality of client records as
   2-21  required by state and federal law;
   2-22              (8)  maximize the use of available funds for direct
   2-23  services rather than administrative services;
   2-24              (9)  consistently monitor the expenditure of funds and
   2-25  the provision of services by all grant and contract recipients to
   2-26  assure that the services are effective and properly staffed and
   2-27  meet the standards adopted under this chapter;
    3-1              (10)  make the monitoring reports prepared under
    3-2  Subdivision (9) a matter of public record;
    3-3              (11)  license treatment facilities under Chapter 464;
    3-4              (12)  use funds appropriated to the commission to carry
    3-5  out this chapter and maximize the overall state allotment of
    3-6  federal funds;
    3-7              (13)  develop and implement policies that will provide
    3-8  the public with a reasonable opportunity to appear before the
    3-9  commission and to speak on any issue under the commission's
   3-10  jurisdiction;
   3-11              (14)  establish minimum criteria that peer assistance
   3-12  programs must meet to be governed by and entitled to the benefits
   3-13  of a law that authorizes licensing and disciplinary authorities to
   3-14  establish or approve peer assistance programs for impaired
   3-15  professionals;
   3-16              (15)  adopt rules governing the functions of the
   3-17  commission, including rules that prescribe the policies and
   3-18  procedures followed by the commission in administering any
   3-19  commission programs; <and>
   3-20              (16)  plan, develop, coordinate, evaluate, and
   3-21  implement constructive methods and programs to provide healthy
   3-22  alternatives for youth at risk of selling controlled substances;<.>
   3-23              (17) <(16)>  submit to the federal government reports
   3-24  and strategies necessary to comply with Section 1926 of the federal
   3-25  Alcohol, Drug Abuse, and Mental Health Administration
   3-26  Reorganization Act, Pub. L. 102-321 (42 U.S.C. Section 300x-26);
   3-27  reports and strategies are to be coordinated with appropriate state
    4-1  governmental entities; and
    4-2              (18)  approve alcohol and drug abuse driving awareness
    4-3  programs as required by Section 461.0134.
    4-4        SECTION 2.  Chapter 461, Health and Safety Code, is amended
    4-5  by adding Section 461.0134 to read as follows:
    4-6        Sec. 461.0134.  ALCOHOL AND DRUG ABUSE DRIVING AWARENESS
    4-7  PROGRAMS.  (a)  The commission must approve any alcohol and drug
    4-8  abuse driving awareness program designed to allow individuals to
    4-9  become eligible for a premium discount for personal automobile
   4-10  insurance.
   4-11        (b)  The commission shall:
   4-12              (1)  adopt rules governing the qualification, approval,
   4-13  and renewal of alcohol and drug abuse driving awareness programs
   4-14  and the providers of the programs; and
   4-15              (2)  monitor, coordinate, and provide training to
   4-16  individuals presenting the programs.
   4-17        (c)  The commission may charge a nonrefundable application
   4-18  fee for approval or renewal of approval of a program.
   4-19        (d)  This section applies only if the commissioner of
   4-20  insurance adopts rules requiring personal automobile insurance
   4-21  premium discounts for individuals who have completed alcohol and
   4-22  drug abuse driving awareness programs.
   4-23        SECTION 3.  The importance of this legislation and the
   4-24  crowded condition of the calendars in both houses create an
   4-25  emergency and an imperative public necessity that the
   4-26  constitutional rule requiring bills to be read on three several
   4-27  days in each house be suspended, and this rule is hereby suspended,
    5-1  and that this Act take effect and be in force from and after its
    5-2  passage, and it is so enacted.