1-1 By: Giddings (Senate Sponsor - Carona) H.B. No. 3757 1-2 (In the Senate - Received from the House May 5, 1999; 1-3 May 6, 1999, read first time and referred to Committee on State 1-4 Affairs; May 13, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 7, Nays 0; May 13, 1999, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 3757 By: Shapleigh 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to approved drug and alcohol driving awareness programs. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Section 3, Texas Driver and Traffic Safety 1-13 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes), 1-14 is amended by adding Subdivision (23) to read as follows: 1-15 (23) "Drug and alcohol driving awareness program" 1-16 means a course with particular emphasis on curricula designed to 1-17 prevent or deter misuse and abuse of controlled substances. 1-18 SECTION 2. The Texas Driver and Traffic Safety Education Act 1-19 (Article 4413(29c), Vernon's Texas Civil Statutes) is amended by 1-20 adding Section 4A to read as follows: 1-21 Sec. 4A. DRUG AND ALCOHOL DRIVING AWARENESS PROGRAMS. 1-22 (a) The agency shall develop standards for a separate school 1-23 certification and approve educational curricula under this Act for 1-24 drug and alcohol driving awareness programs. The programs may 1-25 include one or more courses. Except as provided by rules adopted 1-26 by the agency, the programs must be offered in the same manner as 1-27 driving safety courses offered in compliance with this Act. 1-28 (b) The agency and the Texas Commission on Alcohol and Drug 1-29 Abuse shall enter into a memorandum of understanding for the 1-30 interagency approval of the educational curricula required by 1-31 Subsection (a) of this section, in accordance with Section 1-32 461.013(b), Health and Safety Code. 1-33 (c) The standards adopted by the agency for drug and alcohol 1-34 driving awareness programs may require the course provider to 1-35 evaluate procedures, projects, techniques, and controls conducted 1-36 as part of the educational programs. 1-37 (d) The board may establish fees in connection with drug and 1-38 alcohol driving awareness programs in lieu of the fees established 1-39 under Section 13 of this Act. The fees established under this 1-40 subsection shall be in amounts reasonable and necessary to 1-41 implement and administer this Act in connection with drug and 1-42 alcohol driving awareness programs. 1-43 SECTION 3. Subchapter A, Chapter 5, Insurance Code, is 1-44 amended by adding Article 5.03-4 to read as follows: 1-45 Art. 5.03-4. DISCOUNTS FOR DRUG AND ALCOHOL DRIVING 1-46 AWARENESS PROGRAMS. (a) The commissioner shall by rule require a 1-47 five percent premium discount applicable to a personal motor 1-48 vehicle insurance policy for completion of a drug and alcohol 1-49 driving awareness program that has been approved by the Texas 1-50 Education Agency under the Texas Driver and Traffic Safety 1-51 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes). 1-52 (b) The discount required under this article does not apply 1-53 to a personal motor vehicle insurance policy if any person covered 1-54 under the policy has, within the seven years preceding the date on 1-55 which the person was enrolled in the drug and alcohol driving 1-56 awareness program, been convicted of: 1-57 (1) an offense related to operation of a motor vehicle 1-58 under Chapter 49, Penal Code; 1-59 (2) an offense under Section 106.02, 106.025, 106.04, 1-60 106.041, or 106.05, Alcoholic Beverage Code, that has not been 1-61 expunged under Section 106.12, Alcoholic Beverage Code; or 1-62 (3) an offense under a statute of another state that 1-63 is similar to a statute described by Subdivision (1) or (2) of this 1-64 subsection. 2-1 (c) A person who completes a drug and alcohol driving 2-2 awareness program but who is ineligible for the discount under 2-3 Subsection (b) of this article becomes eligible for the discount on 2-4 the seventh anniversary of the date of the conviction, without 2-5 regard to when the individual completed the program. 2-6 (d) The standards for drug and alcohol driving awareness 2-7 programs adopted under the Texas Driver and Traffic Safety 2-8 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes) 2-9 are the minimum standards for certified programs designed to 2-10 educate persons on the dangers of alcohol, drugs, and driving. A 2-11 person is not eligible for, and an insurer may not offer, a premium 2-12 discount applicable to a personal motor vehicle insurance policy 2-13 for completion of a drug and alcohol driving awareness program that 2-14 does not use the applicable uniform curriculum developed under the 2-15 Texas Driver and Traffic Safety Education Act (Article 4413(29c), 2-16 Vernon's Texas Civil Statutes). 2-17 SECTION 4. This Act takes effect September 1, 1999. 2-18 SECTION 5. This Act applies only to a personal motor vehicle 2-19 liability insurance policy delivered, issued for delivery, or 2-20 renewed on or after January 1, 2000. A personal motor vehicle 2-21 liability insurance policy that is delivered, issued for delivery, 2-22 or renewed before January 1, 2000, is governed by the law as it 2-23 existed immediately before the effective date of this Act, and that 2-24 law is continued in effect for that purpose. 2-25 SECTION 6. This Act takes effect only if a specific 2-26 appropriation for the implementation of this Act is provided in 2-27 H.B. No. 1 (General Appropriations Act), Acts of the 76th 2-28 Legislature, Regular Session, 1999. If no specific appropriation 2-29 is provided in H.B. No. 1, the General Appropriations Act, this Act 2-30 has no effect. 2-31 SECTION 7. The importance of this legislation and the 2-32 crowded condition of the calendars in both houses create an 2-33 emergency and an imperative public necessity that the 2-34 constitutional rule requiring bills to be read on three several 2-35 days in each house be suspended, and this rule is hereby suspended. 2-36 * * * * *