The Commissioner of Insurance, by Commissioner's Order No. 96-1189, Docket No. 2250, eliminates specified courses from Manual Rule 74.E.2 and allows the insurance credit for completion of any driving safety course approved under and taught through a school licensed under Texas Civil Statutes, Article 4413(29c), regardless of whether a uniform certificate of completion (defined in the statute) is issued to the graduates. Article 4413(29c) provides for approval of driving safety courses, schools, and course providers by the Texas Education Agency, which includes the State Board of Education and the Commissioner of Education.
The order mandates that Rule 74 include one exemption from the above requirements. The exemption is based upon Texas Civil Statutes, Article 4413(29c), Section 7(a), which totally exempts an organization having 50,000 or more members, which qualifies for a tax exemption under specified Internal Revenue Code provisions, and which conducts for its members and other individuals, who are at least 50 years of age, a driving course that is not used for purposes of former Texas Civil Statutes, Article 6701d, Section 143A, Uniform Act Regulating Traffic on Highways, now the Transportation Code, Title 7, §§543.101 et seq. (pertaining to dismissal of charges concerning traffic law violations). The fact that such a course has been granted a statutory exemption indicates confidence of the legislature in the course's quality, and that is a persuasive reason to allow the insurance credit for taking such a course.
The order also mandates deletion of the "Exception" appearing at the end of Rule 74.E.2, pertaining to Certified Driver Education Teachers. Such teachers are to be treated the same as other persons for purposes of the insurance credit. In other words, a teacher needs to take a driving safety course in order to receive the insurance credit, rather than automatically being entitled to the insurance credit through receipt of a license to teach a driver education course. Background information and justification for all action taken is set forth in the staff petition (Ref. No. A-0896-34-I) and in the August 27, 1996 issue of the Texas Register (21 TexReg 8183).
The amendments, shown in an attachment to this letter, were adopted to become effective December 17, 1996, which is the 60th day after publication of the notification of the Commissioner's action in the Texas Register.
David P. Durden
Deputy Commissioner
Property and Casualty Insurance Lines
A copy of the attachment may be obtained by calling the Chief Clerk's office at 512-463-6326.