Office of House Bill AnalysisH.B. 2031
By: Kuempel
Public Safety


Several different statutes require the Department of Public Safety
(department) to send orders of license  suspension and other documents by
certified mail.  Currently, state law requires individuals to notify the
department of a change of address within 30 days of moving, therefore, the
department should have a current address at which to notify these
individuals.  H.B. 2031 allows the department to notify the license holder
of the suspension action by first class mail, rather than by certified


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 1.  Amends Subchapter N, Chapter 521.291, Transportation Code, by
authorizing the notice of a driver's license suspension to be sent by first
class, rather than certified, mail to the license holder's most recent
address as shown in records of the Department of Public Safety

SECTION 2.  Amends Subchapter N, Chapter 521.295, Transportation Code, by
deleting the public safety director's (director) authorization to give a
license holder notice of a pending hearing. 

SECTION 3.  Amends subchapter O, Chapter 521.344, Transportation Code, to
delete the requirement that the notice sent under this section be sent
return receipt requested.  Provides that the notice must contain a
statement that the person has the right to request, rather than demand, in
writing that a hearing be held on the revocation or prohibition.  Provides
that the notice is considered received on the fifth day after the date the
notice is mailed.  Requires that a revocation or prohibition under
Subsection (e) or (f) take effect the 30th day after the date the notice is
mailed, rather than prohibiting a revocation to take effect before the 28th
day after the person received notice. Authorizes the person to request a
hearing not later than the 15th day after the date the person is considered
to have received the notice, rather than providing that the person must
demand the hearing not later than the 20th day after the specified date.
Makes conforming changes. 

SECTION  4.  Amends Subchapter G, Chapter 522.071, Transportation Code,
make conforming and nonsubstantive changes. 

SECTION 5.  Amends Subchapter A, Chapter 524.013, Transportation Code, to
require the department to send a notice of suspension to the person's
address in the records of the department or, rather than and, in the peace
officer's report if it is different from the address in the department's
records.  Makes a conforming change. 

SECTION 6.  Amends Subchapter C, Chapter 724.033, Transportation Code, to
make a conforming change. 

SECTION 7.  Amends Section 106.115, Alcoholic Beverage Code, to  make
conforming changes. 

SECTION 8.  Amends Section 161.254, Health and Safety Code, to make
conforming changes. 
SECTION 9.  Amends Subsection O, Section 601.156, Transportation Code, to
make conforming changes. 

SECTION 10.  Effective date: September 1, 1999.

SECTION 11.  Emergency clause.
   Effective date: upon passage.