HBA-ATS H.B. 3757 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3757
By: Giddings
Insurance
4/9/1999
Introduced



BACKGROUND AND PURPOSE 

Driving under the influence or driving while intoxicated continues to be a
serious problem in Texas. According to some reports, nearly 1,750 drivers
died as a result of an alcohol-related traffic accident in Texas during
1997.  Those fatalities accounted for almost 50 percent of all traffic
fatalities in Texas.  H.B. 3757 requires the Texas Education Agency, with
the assistance of the Texas Commission on Alcohol and Drug Abuse, to
develop school certification and educational curriculum for driver training
and driving safety courses.  Under this bill, motor vehicle liability
insurers are required to offer a five percent discount on personal auto
coverage to drivers who complete an approved drug and alcohol driving
awareness program.  However, drivers convicted of driving while intoxicated
or of being a minor found guilty of the possession, consumption, or
purchase of alcoholic beverages are not eligible for the discount for
several years. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 4413(29c), V.T.C.S., by adding Section 4A, as
follows: 

Sec. 4A.  APPROVED DRUG AND ALCOHOL DRIVING AWARENESS PROGRAM

(a)  DEFINITIONS.  Defines "approved drug and alcohol awareness program,"
"commission," "department," "discount," "driver training," "drug and
alcohol driving awareness program," "reporting period," "school," and
"self-assessment." 

(b) Requires the Texas Education Agency (commission) to develop school
certification and educational curriculum for driver training and driving
safety courses. 

(c) Requires the Texas Commission on Alcohol and Drug Abuse to enter into a
memorandum of understanding with the commission for the development of
curricula, in accordance with Section 461.013(b) (Education and Research
Programs Concerning Controlled Substances), Health and Safety Code.  

(d) Requires the Texas Department of Insurance (department) to require
motor vehicle liability insurers to offer a five percent discount
(discount) on personal auto coverage upon completion of the approved drug
and alcohol driving awareness program (program).  

(e) Sets forth that drivers convicted of driving while intoxicated or of
being a minor found guilty of the possession, consumption, or purchase of
alcoholic beverages, within the last seven years from the date of
anticipated enrollment in the program, are not eligible for the discount.
Sets forth that drivers who are convicted for these types of offenses after
taking the course will not be eligible for the discount for seven years
after being convicted.  

(f) Provides that the commission's intent is to promulgate minimum
standards for the uniform operation of certified programs designed to
educate persons on the dangers of  alcohol/drugs and driving to receive a
discount on personal auto coverage.  Provides that a certified program must
utilize a uniform curriculum developed by the commission. 

SECTION 2.  There is no Section 2 of this bill.

SECTION 3.Emergency clause.
  Effective date: upon passage.