HBA-GUM, RBT H.B. 1562 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1562
By: Reyna, Elvira
Criminal Jurisprudence
7/7/1999
Enrolled



BACKGROUND AND PURPOSE 

H.B. 1562 clarifies a confused interpretation of two laws passed by the
75th Legislature.  One bill allowed county criminal courts to refer
occupational driver's license matters to magistrates.   The other gave
county criminal courts concurrent civil jurisdiction with the county courts
at law to hear appeals of driver's license suspensions.  The confusion
arises in automatic license revocation (ALR) appeal hearings.  In this
case, the Texas Department of Public Safety contends that a magistrate
cannot  hear the appeal because it is a civil matter.  H.B. 1562 makes
conforming changes in Section 54.306 (a) of the Government Code that will
allow a magistrate to hear an ALR appeal.    
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 Section 54.306(a), Government Code, to include an appeal
of an administrative driver's license revocation hearing among those
matters a judge is authorized to refer to a magistrate. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.