HBA-ATS H.B. 3757 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3757 By: Giddings Insurance 4/9/1999 Introduced 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. H.B. 3757 requires the Texas Education Agency, with the assistance of the Texas Commission on Alcohol and Drug Abuse, to develop school certification and educational curriculum for driver training and driving safety courses. Under this bill, motor vehicle liability insurers are required to offer a five percent discount on personal auto coverage to drivers who complete an approved drug and alcohol driving awareness program. However, drivers convicted of driving while intoxicated or of being a minor found guilty of the possession, consumption, or purchase of alcoholic beverages are not eligible for the discount for several years. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 4413(29c), V.T.C.S., by adding Section 4A, as follows: Sec. 4A. APPROVED DRUG AND ALCOHOL DRIVING AWARENESS PROGRAM (a) DEFINITIONS. Defines "approved drug and alcohol awareness program," "commission," "department," "discount," "driver training," "drug and alcohol driving awareness program," "reporting period," "school," and "self-assessment." (b) Requires the Texas Education Agency (commission) to develop school certification and educational curriculum for driver training and driving safety courses. (c) Requires the Texas Commission on Alcohol and Drug Abuse to enter into a memorandum of understanding with the commission for the development of curricula, in accordance with Section 461.013(b) (Education and Research Programs Concerning Controlled Substances), Health and Safety Code. (d) Requires the Texas Department of Insurance (department) to require motor vehicle liability insurers to offer a five percent discount (discount) on personal auto coverage upon completion of the approved drug and alcohol driving awareness program (program). (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. 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. (f) Provides that the commission'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. Provides that a certified program must utilize a uniform curriculum developed by the commission. SECTION 2. There is no Section 2 of this bill. SECTION 3.Emergency clause. Effective date: upon passage.