1-1 AN ACT
1-2 relating to approved drug and alcohol driving awareness programs.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 3, Texas Driver and Traffic Safety
1-5 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
1-6 is amended by adding Subdivision (23) to read as follows:
1-7 (23) "Drug and alcohol driving awareness program"
1-8 means a course with particular emphasis on curricula designed to
1-9 prevent or deter misuse and abuse of controlled substances.
1-10 SECTION 2. The Texas Driver and Traffic Safety Education Act
1-11 (Article 4413(29c), Vernon's Texas Civil Statutes) is amended by
1-12 adding Section 4A to read as follows:
1-13 Sec. 4A. DRUG AND ALCOHOL DRIVING AWARENESS PROGRAMS. (a)
1-14 The agency shall develop standards for a separate school
1-15 certification and approve educational curricula under this Act for
1-16 drug and alcohol driving awareness programs. The programs may
1-17 include one or more courses. Except as provided by rules adopted
1-18 by the agency, the programs must be offered in the same manner as
1-19 driving safety courses offered in compliance with this Act.
1-20 (b) The agency and the Texas Commission on Alcohol and Drug
1-21 Abuse shall enter into a memorandum of understanding for the
1-22 interagency approval of the educational curricula required by
1-23 Subsection (a) of this section, in accordance with Section
1-24 461.013(b), Health and Safety Code.
2-1 (c) The standards adopted by the agency for drug and alcohol
2-2 driving awareness programs may require the course provider to
2-3 evaluate procedures, projects, techniques, and controls conducted
2-4 as part of the educational programs.
2-5 (d) The board may establish fees in connection with drug and
2-6 alcohol driving awareness programs in lieu of the fees established
2-7 under Section 13 of this Act. The fees established under this
2-8 subsection shall be in amounts reasonable and necessary to
2-9 implement and administer this Act in connection with drug and
2-10 alcohol driving awareness programs.
2-11 SECTION 3. Subchapter A, Chapter 5, Insurance Code, is
2-12 amended by adding Article 5.03-4 to read as follows:
2-13 Art. 5.03-4. DISCOUNTS FOR DRUG AND ALCOHOL DRIVING
2-14 AWARENESS PROGRAMS. (a) The commissioner shall by rule require a
2-15 five percent premium discount applicable to a personal motor
2-16 vehicle insurance policy for completion of a drug and alcohol
2-17 driving awareness program that has been approved by the Texas
2-18 Education Agency under the Texas Driver and Traffic Safety
2-19 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes).
2-20 (b) The discount required under this article does not apply
2-21 to a personal motor vehicle insurance policy if any person covered
2-22 under the policy has, within the seven years preceding the date on
2-23 which the person was enrolled in the drug and alcohol driving
2-24 awareness program, been convicted of:
2-25 (1) an offense related to operation of a motor vehicle
2-26 under Chapter 49, Penal Code;
2-27 (2) an offense under Section 106.02, 106.025, 106.04,
3-1 106.041, or 106.05, Alcoholic Beverage Code, that has not been
3-2 expunged under Section 106.12, Alcoholic Beverage Code; or
3-3 (3) an offense under a statute of another state that
3-4 is similar to a statute described by Subdivision (1) or (2) of this
3-5 subsection.
3-6 (c) A person who completes a drug and alcohol driving
3-7 awareness program but who is ineligible for the discount under
3-8 Subsection (b) of this article becomes eligible for the discount on
3-9 the seventh anniversary of the date of the conviction, without
3-10 regard to when the individual completed the program.
3-11 (d) The standards for drug and alcohol driving awareness
3-12 programs adopted under the Texas Driver and Traffic Safety
3-13 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes)
3-14 are the minimum standards for certified programs designed to
3-15 educate persons on the dangers of alcohol, drugs, and driving. A
3-16 person is not eligible for, and an insurer may not offer, a premium
3-17 discount applicable to a personal motor vehicle insurance policy
3-18 for completion of a drug and alcohol driving awareness program that
3-19 does not use the applicable uniform curriculum developed under the
3-20 Texas Driver and Traffic Safety Education Act (Article 4413(29c),
3-21 Vernon's Texas Civil Statutes).
3-22 SECTION 4. This Act takes effect September 1, 1999.
3-23 SECTION 5. This Act applies only to a personal motor vehicle
3-24 liability insurance policy delivered, issued for delivery, or
3-25 renewed on or after January 1, 2000. A personal motor vehicle
3-26 liability insurance policy that is delivered, issued for delivery,
3-27 or renewed before January 1, 2000, is governed by the law as it
4-1 existed immediately before the effective date of this Act, and that
4-2 law is continued in effect for that purpose.
4-3 SECTION 6. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3757 was passed by the House on May
4, 1999, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 3757 on May 26, 1999, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 3757 on May 29, 1999, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3757 was passed by the Senate, with
amendments, on May 24, 1999, by the following vote: Yeas 30, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
3757 on May 30, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor