HBA-ATS C.S.H.B. 3757 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3757
By: Giddings
Insurance
4/16/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Driving under the influence or driving while intoxicated continues to be a
serious problem in Texas. According to some reports, nearly 1,750 drivers
died as a result of an alcohol-related traffic accident in Texas during
1997.  Those fatalities accounted for almost 50 percent of all traffic
fatalities in Texas.  C.S.H.B. 3757 requires the Texas Education Agency
(agency) to develop a separate school certification and educational
curriculum for drug and alcohol awareness programs (programs).  The agency
and the Texas Commission on Alcohol and Drug Abuse must enter into a
memorandum of understanding for the interagency development of the required
educational curriculum. 

Under this bill, the commissioner of insurance is required, by rule, to
require a five percent premium discount (discount) to a motor vehicle
insurance policyholder for completion of an approved drug and alcohol
driving awareness program.  However, the discount does not apply if any
policyholder has, within seven years preceding enrollment in the program,
been convicted of an offense related to the operation of a motor vehicle
under Chapter 49 (Intoxication and Alcoholic Beverage Offenses), Penal
Code, an offense under Sections 106.02 (Purchase of Alcohol by a Minor),
106.025 (Attempt to Purchase Alcohol by a Minor), 106.04 (Consumption of
Alcohol by a Minor), 106.041 (Driving Under the Influence of Alcohol by
Minor), or 106.05 (Possession of Alcohol by a Minor), Alcoholic Beverage
Code, that has not been expunged, or an offense under a statute of another
state that is similar to the above statutes.  Nevertheless, a person who
completes a program but who is ineligible for the discount becomes eligible
on the seventh anniversary of the date of the conviction, without regard to
when the person completed the program. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the commissioner of insurance in
SECTION 3 (Article 5.03-4, Insurance Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 3, Article 4413(29c), V.T.C.S. (Texas Driver and
Traffic Safety Education Act), by adding Subdivision (23), to define "drug
and alcohol driving awareness program." 

SECTION 2.  Amends Article 4413(29c), V.T.C.S. (Texas Driver and Traffic
Safety Education Act), by adding Section 4A, as follows: 

Sec. 4A.  DRUG AND ALCOHOL DRIVING AWARENESS PROGRAMS. (a) Requires the
Texas Education Agency (agency) to develop a separate school certification
and educational curriculum for drug and alcohol awareness programs
(programs).  Provides that the programs must be offered in the same manner
as other safety driving safety courses, except as provided by rules adopted
by the agency. 

(b) Requires the agency and the Texas Commission on Alcohol and Drug Abuse
to enter into a memorandum of understanding for the interagency development
of the required educational curriculum, in accordance with Section
461.013(b) (Education and Research Programs Concerning Controlled
Substances), Health and Safety Code. 

 (c) Authorizes the program standards adopted by the agency to require the
course provider to evaluate aspects of the programs.  

SECTION 3.  Amends Subchapter A, Chapter 5, Insurance Code, by adding
Article 5.03-4, as follows: 

Art. 5.03-4.  DISCOUNTS FOR DRUG AND ALCOHOL DRIVING AWARENESS PROGRAMS.
(a)  Requires the commissioner of insurance, by rule, to require a five
percent premium discount (discount) to a motor vehicle insurance
policyholder for completion of an approved drug and alcohol driving
awareness program. 

(b) Provides that the discount does not apply if any policyholder has,
within seven years preceding enrollment in the program, been convicted of
an offense related to the operation of a motor vehicle under Chapter 49
(Intoxication and Alcoholic Beverage Offenses), Penal Code, an offense
under Sections 106.02 (Purchase of Alcohol by a Minor), 106.025 (Attempt to
Purchase Alcohol by a Minor), 106.04 (Consumption of Alcohol by a Minor),
106.041 (Driving Under the Influence of Alcohol by Minor), or 106.05
(Possession of Alcohol by a Minor), Alcoholic Beverage Code, that has not
been expunged, or an offense under a statute of another state that is
similar to the above statutes. 

(c) Provides that a person who completes a program but who is ineligible
for the discount becomes eligible on the seventh anniversary of the date of
the conviction, without regard to when the person completed the program. 

(d) Provides that the standards for the programs are the minimum standards
for certified programs designed to educate persons on the dangers of
alcohol, drugs, and driving. Provides that a person is not eligible for,
and an insurer is prohibited from offering, a discount for a program that
does not use the developed uniform curriculum. 

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Makes application of this Act prospective for a personal motor
vehicle liability insurance policy delivered, issued for delivery, or
renewed on or after January 1, 2000. 

SECTION 6.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3757 modifies the original bill by adding a new SECTION 1 to
include the definition of "drug and alcohol driving awareness program" in
proposed Section 3(23), Article 4413(29c), V.T.C.S.   

C.S.H.B. 3757 modifies the original bill by redesignating SECTION 1 of the
original to SECTION 2.  The original bill contained no SECTION 2. 

In SECTION 2, the substitute provides a new title, "Drug and Alcohol
Driving Awareness Programs," for Section 4A. 

In SECTION 2, the substitute amends Article 4413(29c), (Texas Driver and
Traffic Safety Education Act) V.T.C.S., by adding Section 4A, which was
originally added in SECTION 1 of the original. The substitute deletes the
definitions of  "approved drug and alcohol awareness program,"
"commission," "department," "discount," "driver training," "drug and
alcohol driving awareness program," "reporting period," "school," and
"self-assessment" found in proposed Section 4A(a) of the original.  In the
new proposed Section 4A(a), the substitute requires the Texas Education
Agency (agency) to develop a separate school certification and educational
curriculum for drug and alcohol awareness programs (programs).  Proposed
Section 4A(b) of the original required the Texas Education Agency to
develop school certification and educational curriculum for driver training
and driving safety courses.  Proposed Section 4A(b) of the substitute
requires the agency and the Texas Commission on Alcohol and Drug Abuse to
enter into a memorandum of understanding for the  interagency development
of the required educational curriculum, in accordance with Section
461.013(b), Health and Safety Code.  Proposed Section 4A(c) of the
substitute authorizes the program standards adopted by the agency to
require the course provider to evaluate aspects of the programs. 

The substitute deletes proposed Sections 4A(c), (d), (e), and (f) of the
original.  Proposed Section 4A(c) requires the  Texas Commission on Alcohol
and Drug Abuse to enter into a memorandum of understanding with the agency
for the development of curricula, in accordance with Section 461.013(b),
Health and Safety Code.  Proposed Section 4A(d) requires the Texas
Department of Insurance to require motor vehicle liability insurers to
offer a five percent discount on personal auto coverage upon completion of
the approved drug and alcohol driving awareness program.  Proposed Section
4A(e) sets forth that drivers convicted of driving while intoxicated or of
being a minor found guilty of the possession, consumption, or purchase of
alcoholic beverages, within the last seven years from the date of
anticipated enrollment in the program, are not eligible for the discount,
and  sets forth that drivers who are convicted for these types of offenses
after taking the course will not be eligible for the discount for seven
years after being convicted.  Proposed Section 4A(f) provides that the
agency's intent is to promulgate minimum standards for the uniform
operation of certified programs designed to educate persons on the dangers
of alcohol/drugs and driving to receive a discount on personal auto
coverage, and provides that a certified program must utilize a uniform
curriculum developed by the commission. 

C.S.H.B. 3757 modifies the original bill in a new SECTION 3 of the
substitute to amend Subchapter A, Chapter 5, Insurance Code, by adding
Article 5.03-4.  In proposed Article 5.03-4(a), the substitute requires the
commissioner of insurance, by rule, to require a five percent premium
discount (discount) to a motor vehicle insurance policyholder for
completion of an approved drug and alcohol driving awareness program.  In
proposed Article 5.03-4(a), the substitute provides that the discount does
not apply if any policyholder has, within seven years preceding enrollment
in the program, been convicted of an offense under Chapter 49, Penal Code,
an offense under Sections 106.02, 106.025, 106.04, 106.041, or 106.05,
Alcoholic Beverage Code, that has not been expunged, or an offense under a
statute of another state that is similar to the above statutes.  In
proposed Article 5.03-4(c), the substitute provides that a person who
completes a program but who is ineligible for the discount becomes eligible
on the seventh anniversary of the date of the conviction, without regard to
when the person completed the program.  In proposed Article 5.03-4(d), the
substitute provides that the standards for the programs are the minimum
standards for certified programs designed to educate persons on the dangers
of alcohol, drugs, and driving.  The substitute also provides that a person
is not eligible for, and an insurer is prohibited from offering, a discount
for a program that does not use the developed uniform curriculum. 

C.S.H.B. 3757 modifies the original bill by adding SECTION 4 (effective
date). 

C.S.H.B. 3757 modifies the original bill by adding SECTION 5 to make
application of the Act prospective for a personal motor vehicle liability
insurance policy delivered, issued for delivery, or renewed on or after
January 1, 2000. 

C.S.H.B. 3757 modifies the original bill by redesignating SECTION 3 of the
original to SECTION 6 (emergency clause).