76R12123 DLF-F
By Giddings H.B. No. 3757
Substitute the following for H.B. No. 3757:
By Burnam C.S.H.B. No. 3757
A BILL TO BE ENTITLED
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 driving safety course with particular emphasis on curricula
1-9 designed to prevent or deter misuse and abuse of controlled
1-10 substances.
1-11 SECTION 2. The Texas Driver and Traffic Safety Education Act
1-12 (Article 4413(29c), Vernon's Texas Civil Statutes) is amended by
1-13 adding Section 4A to read as follows:
1-14 Sec. 4A. DRUG AND ALCOHOL DRIVING AWARENESS PROGRAMS. (a)
1-15 The agency shall develop a separate school certification and
1-16 educational curriculum under this Act for drug and alcohol driving
1-17 awareness programs. Except as provided by rules adopted by the
1-18 agency, the programs must be offered in the same manner as other
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 development of the educational curriculum 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 SECTION 3. Subchapter A, Chapter 5, Insurance Code, is
2-6 amended by adding Article 5.03-4 to read as follows:
2-7 Art. 5.03-4. DISCOUNTS FOR DRUG AND ALCOHOL DRIVING
2-8 AWARENESS PROGRAMS. (a) The commissioner shall by rule require a
2-9 five percent premium discount applicable to a personal motor
2-10 vehicle insurance policy for completion of a drug and alcohol
2-11 driving awareness program that has been approved by the Texas
2-12 Education Agency under the Texas Driver and Traffic Safety
2-13 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes).
2-14 (b) The discount required under this article does not apply
2-15 to a personal motor vehicle insurance policy if any person covered
2-16 under the policy has, within the seven years preceding the date on
2-17 which the person was enrolled in the drug and alcohol driving
2-18 awareness program, been convicted of:
2-19 (1) an offense related to operation of a motor vehicle
2-20 under Chapter 49, Penal Code;
2-21 (2) an offense under Section 106.02, 106.025, 106.04,
2-22 106.041, or 106.05, Alcoholic Beverage Code, that has not been
2-23 expunged under Section 106.12, Alcoholic Beverage Code; or
2-24 (3) an offense under a statute of another state that
2-25 is similar to a statute described by Subdivision (1) or (2) of this
2-26 subsection.
2-27 (c) A person who completes a drug and alcohol driving
3-1 awareness program but who is ineligible for the discount under
3-2 Subsection (b) of this article becomes eligible for the discount on
3-3 the seventh anniversary of the date of the conviction, without
3-4 regard to when the individual completed the program.
3-5 (d) The standards for drug and alcohol driving awareness
3-6 programs adopted under the Texas Driver and Traffic Safety
3-7 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes)
3-8 are the minimum standards for certified programs designed to
3-9 educate persons on the dangers of alcohol, drugs, and driving. A
3-10 person is not eligible for, and an insurer may not offer, a premium
3-11 discount applicable to a personal motor vehicle insurance policy
3-12 for completion of a drug and alcohol driving awareness program that
3-13 does not use the applicable uniform curriculum developed under the
3-14 Texas Driver and Traffic Safety Education Act (Article 4413(29c),
3-15 Vernon's Texas Civil Statutes).
3-16 SECTION 4. This Act takes effect September 1, 1999.
3-17 SECTION 5. This Act applies only to a personal motor vehicle
3-18 liability insurance policy delivered, issued for delivery, or
3-19 renewed on or after January 1, 2000. A personal motor vehicle
3-20 liability insurance policy that is delivered, issued for delivery,
3-21 or renewed before January 1, 2000, is governed by the law as it
3-22 existed immediately before the effective date of this Act, and that
3-23 law is continued in effect for that purpose.
3-24 SECTION 6. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended.