By Giddings H.B. No. 793
77R87 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain personal motor vehicle insurance policy premium
1-3 discounts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 5.03-4, Insurance Code, is amended to read
1-6 as follows:
1-7 Art. 5.03-4. DISCOUNTS FOR DRUG AND ALCOHOL DRIVING
1-8 AWARENESS PROGRAMS. (a) In this article, "alcohol- or
1-9 intoxication-related offense" means:
1-10 (1) an offense related to operation of a motor vehicle
1-11 under Chapter 49, Penal Code;
1-12 (2) an offense under Section 106.02, 106.025, 106.04,
1-13 106.041, or 106.05, Alcoholic Beverage Code, that has not been
1-14 expunged under Section 106.12, Alcoholic Beverage Code; or
1-15 (3) an offense under a statute of another state that
1-16 is similar to a statute described by Subdivision (1) or (2).
1-17 (b) The commissioner shall by rule require a five percent
1-18 premium discount applicable to a personal motor vehicle insurance
1-19 policy for completion of a drug and alcohol driving awareness
1-20 program that has been approved by the Texas Education Agency under
1-21 the Texas Driver and Traffic Safety Education Act (Article
1-22 4413(29c), Vernon's Texas Civil Statutes).
1-23 (c) A person is ineligible to receive the [(b) The]
1-24 discount required under this article [does not apply to a personal
2-1 motor vehicle insurance policy] if any person covered under the
2-2 policy has, within the seven years preceding the date on which the
2-3 person was enrolled in the drug and alcohol driving awareness
2-4 program, been convicted of an alcohol- or intoxication-related
2-5 offense [of:]
2-6 [(1) an offense related to operation of a motor
2-7 vehicle under Chapter 49, Penal Code;]
2-8 [(2) an offense under Section 106.02, 106.025, 106.04,
2-9 106.041, or 106.05, Alcoholic Beverage Code, that has not been
2-10 expunged under Section 106.12, Alcoholic Beverage Code; or]
2-11 [(3) an offense under a statute of another state that
2-12 is similar to a statute described by Subdivision (1) or (2) of this
2-13 subsection].
2-14 (d) [(c)] A person who completes a drug and alcohol driving
2-15 awareness program but who is ineligible for the discount under
2-16 Subsection (c) [(b)] of this article becomes eligible for the
2-17 discount on the seventh anniversary of the date of the
2-18 disqualifying conviction[, without regard to when the individual
2-19 completed the program].
2-20 (e) The discount under this article expires on the earlier
2-21 of:
2-22 (1) the third anniversary of the date on which the
2-23 person completes the drug and alcohol driving awareness program; or
2-24 (2) the date the person is convicted of an alcohol- or
2-25 intoxication-related offense if the person is convicted after
2-26 completing the drug and alcohol driving awareness program.
2-27 (f) [(d)] The standards for drug and alcohol driving
3-1 awareness programs adopted under the Texas Driver and Traffic
3-2 Safety Education Act (Article 4413(29c), Vernon's Texas Civil
3-3 Statutes) are the minimum standards for certified programs designed
3-4 to educate persons on the dangers of alcohol, drugs, and driving.
3-5 A person is not eligible for, and an insurer may not offer, a
3-6 premium discount applicable to a personal motor vehicle insurance
3-7 policy for completion of a drug and alcohol driving awareness
3-8 program that does not use the applicable uniform curriculum
3-9 developed under the Texas Driver and Traffic Safety Education Act
3-10 (Article 4413(29c), Vernon's Texas Civil Statutes).
3-11 SECTION 2. This Act applies only to a personal motor vehicle
3-12 liability insurance policy delivered, issued for delivery, or
3-13 renewed on or after January 1, 2002. A personal motor vehicle
3-14 liability insurance policy that is delivered, issued for delivery,
3-15 or renewed before January 1, 2002, is governed by the law as it
3-16 existed immediately before the effective date of this Act, and that
3-17 law is continued in effect for that purpose.
3-18 SECTION 3. This Act takes effect immediately if it receives
3-19 a vote of two-thirds of all the members elected to each house, as
3-20 provided by Section 39, Article III, Texas Constitution. If this
3-21 Act does not receive the vote necessary for immediate effect, this
3-22 Act takes effect September 1, 2001.