HBA-NIK C.S.H.B. 2031 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2031
By: Kuempel
Public Safety
4/9/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

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.  C.S.H.B. 2031 allows the department to notify the license
holder of the suspension action by first class mail, rather than by
certified mail. This substitute also authorizes the license holder to
request a hearing no later than the 20th day after the date the notice is
mailed. 

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 521.291(b), 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 address as shown on the
holder's driver's license. 

SECTION 2. Amends Section 521.344(g), 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.  Provides that a revocation or prohibition under Subsection (e)
(revocation of license or prohibition from obtaining license under
specified circumstances) or (f) (relating to failure to complete certain
rehabilitation programs) takes effect on 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 20th day after the date the
notice is mailed, rather than providing that the person must demand the
hearing not later than the 20th day after the specified date.  Makes
conforming changes. 

SECTION 3. Amends Section 522.071(c), Transportation Code, to make
conforming and nonsubstantive changes. 

SECTION 4. Amends Section 524.013(a), 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 5. Amends Section 724.033(a), Transportation Code, to make a
conforming change. 

SECTION 6. Amends Section 601.156(c), Transportation Code, to make
conforming changes. 

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

SECTION 8. Amends Section 161.254(b), Health and Safety Code, to make
conforming changes. 
 
SECTION 9. Repealer: Section 521.295 (Habitual Violators; Notice),
Transportation Code. 

SECTION 10.  Effective date: September 1, 1999.
 Makes application of this Act prospective to a notice mailed on or after
the effective  date of this Act. 

SECTION 11.  Emergency clause.
  
COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2031 modifies the original bill in SECTION 1 (Section 521.291(b),
Transportation Code) to authorize the notice to be sent by first class mail
to the licence holder's address, rather than most recent address, as shown
on the holder's driver's license, rather than as shown in the records of
the department.  

SECTION 2 of this substitute is redesignated from SECTION 3 of the original
bill.  The substitute modifies the original by providing that a revocation
or prohibition under Subsection (e) (revocation of license or prohibition
from obtaining license under specified circumstances) or (f) (failure to
complete certain rehabilitation programs) takes effect on the 30th day
after the date the notice is mailed, rather than prohibiting the revocation
or prohibition from taking effect before the 30th day after the date the
notice is mailed. The substitute further modifies the original in this
section by authorizing the person to request a hearing no later than the
20th day after the notice is mailed, whereas in the original the hearing
requested is to be no later than the 15th day after the person is
considered to have received the notice. 

SECTIONS 3-5 of this substitute are redesignated from SECTIONS 4-6 of the
original bill.  

SECTION 6 of this substitute is redesignated from proposed SECTION 9 of the
original bill. 

SECTION 9 of this substitute repeals Section 521.295 (Habitual Violators;
Notice), Transportation Code, which proposed SECTION 2 of the original
intended to delete. 

SECTION 10 of this substitute modifies proposed SECTION 10 of the original
by providing that this Act applies only to a notice mailed on or after the
effective date. 

SECTION 11 of this substitute modifies SECTION 11 of the original bill by
changing from the long emergency clause to the short emergency clause. 

C.S.H.B. 2031 differs from the original in SECTIONS 1,2,3,5,7, and 8  by
making nonsubstantive changes to reflect current statutory language.