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