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.