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