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.