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.