By Giddings                                           H.B. No. 3757
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                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.  Article 4413(29c), Vernon's Texas Civil Statutes,
 1-5     is amended by adding Section 4A to read as follows:
 1-6           Sec. 4A.  APPROVED DRUG AND ALCOHOL DRIVING AWARENESS PROGRAM
 1-7     (a)  DEFINITIONS.  In this Act:
 1-8                 (1)  "Approved drug and alcohol awareness program"
 1-9     means an educational program for persons eligible to receive a
1-10     mandatory discount on personal automobile coverage by completing a
1-11     drug and alcohol driving awareness program which has been certified
1-12     by the Texas Education Agency pursuant to this chapter.
1-13                 (2)  "Commission" means the Texas Education Agency;
1-14     which shall develop the approved course, adopt rules for the
1-15     qualification and certification of providers of the drug and
1-16     alcohol driving awareness programs, process all applications for
1-17     program certification/recertification, and monitor and coordinate
1-18     the educational programs.
1-19                 (3)  "Department" means the Texas Department of
1-20     Insurance; through which the State Board of Insurance adopted the
1-21     establishment of a mandatory discount on personal automobile
 2-1     coverage for each eligible person completing a drug and alcohol
 2-2     driving awareness program certified by the commission.
 2-3                 (4)  "Discount" means a 5.0% discount on personal auto
 2-4     coverage for successful completion of drug and alcohol driving
 2-5     awareness program certified by the commission.
 2-6                 (5)  "Driver Training" means driver education provided
 2-7     by a driver education school and driving safety training provided
 2-8     by a driving safety school.
 2-9                 (6)  "Drug and Alcohol Driving Awareness Program" means
2-10     a course of instruction intended to improve a driver's knowledge,
2-11     perceptions, and attitudes about driving; with particular emphasis
2-12     on curricula designed to prevent or deter misuse and abuse of
2-13     controlled substances and to evaluate procedures, projects,
2-14     techniques, and controls conducted as part of the educational
2-15     programs.
2-16                 (7)  "Reporting period" means that period of time
2-17     beginning with the date the program was certified/recertified by
2-18     the commission and ending August 31 of each year.
2-19                 (8)  "School" means a driver education school or
2-20     driving safety school.
2-21                 (9)  "Self-assessment" means a tool used by program
2-22     participants to evaluate one's own risk for developing problems
2-23     with alcohol.
2-24           (b)  The commission shall develop school certification and
2-25     educational curriculum for driver training and driving safety
 3-1     courses.
 3-2           (c)  The Texas Commission on Alcohol and Drug Abuse shall
 3-3     enter into a memorandum of understanding, with the commission for
 3-4     the interagency development of curricula, in accordance with the
 3-5     Texas Health and Safety Code, 461.013(b).
 3-6           (d)  The department shall require insurance companies,
 3-7     providing motor vehicle liability insurance, to offer a 5.0%
 3-8     discount on personal auto coverage, upon completion of the approved
 3-9     drug and alcohol driving awareness program.
3-10           (e)  Drivers convicted of driving while intoxicated, or
3-11     convicted of being a minor found guilty of the possession,
3-12     consumption or purchase of alcoholic beverages, within the last
3-13     seven years from the date of anticipated program enrollment are not
3-14     eligible for the discount.  Drivers convicted of driving while
3-15     intoxicated, or of being a minor found guilty of the possession,
3-16     consumption or purchase of alcoholic beverages, after taking the
3-17     course will not be eligible for the discount for seven years from
3-18     the date of conviction.
3-19           (f)  The intent of the commission by adoption of this chapter
3-20     is to promulgate written rules, regulations, and standards
3-21     reflecting minimum standards for the uniform operation of certified
3-22     programs designed to educated persons on the dangers of
3-23     alcohol/drugs and driving in order to receive a 5.0% discount on
3-24     personal auto coverage.  By adoption of this chapter, a certified
3-25     drug and alcohol driving awareness program must utilize a uniform
 4-1     curriculum developed by the commission.
 4-2           SECTION 2.  The importance of this legislation and the
 4-3     crowded condition of the calendars in both houses create an
 4-4     emergency and an imperative public necessity that the
 4-5     constitutional rule requiring bills to be read on three several
 4-6     days in each house be suspended, and this rule is hereby suspended,
 4-7     and that this Act takes effect and be in force from and after its
 4-8     passage, and it is so enacted.