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.
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