HBA-DMD H.B. 2032 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2032
By: Kuempel
Public Safety
7/27/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, Department of Public Safety (department)
personnel were required to obtain the driver's license and the vehicle
registration of a convicted person if the person failed to surrender these
items after receiving a notice. This created time consuming bookkeeping
requirements for the department. H.B. 2032 authorizes the department to
require a license holder who has had a license suspended or revoked by the
department to surrender the license to the department.  This bill
authorizes the department to return a suspended license to the holder on
the expiration of the suspension period. This bill also authorizes the
department to require the person to send to the department the person's
driver's license and vehicle registration. It authorizes the department to
direct a department employee to obtain and send to the department the
driver's license and vehicle registration of a person who fails to send the
person's license or registration. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Department of Public Safety in
SECTION 3 (Section 601.372, Transportation Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 521.308, Transportation Code, to authorize,
rather than require, the Department of Public Safety (department) to
require a license holder who has had the person's license suspended or
revoked by the department to surrender the license to the department.
Authorizes, rather than requires, the department to return a suspended
license to the holder on the expiration of the suspension period. 

SECTION 2.  Amends Section 521.347(a), Transportation Code, to authorize,
rather than require, the court that convicts a person of an offense for
which this chapter (Driver's Licenses and Certificates) or Chapter 522
(Commercial Driver's Licenses), Transportation Code, requires automatic
suspension of the person's driver's license to require the person to
surrender to the court each driver's license held by the person. 

SECTION 3.  Amends Section 601.372(c), Transportation Code, as follows:

(c) Authorizes the department, by rule, to require the person to send the
person's driver's license, rather than requiring the person to send the
driver's license, and vehicle registrations no later than 10 days after
receiving written notice from the department. 

SECTION 4.  Amends Section 601.373(b), Transportation Code, to authorize,
rather than require, the department to direct a department employee to
obtain and send to the department the driver's license and vehicle
registration of a person who fails to send the person's license or
registration in accordance with Section 601.372. 

SECTION 5.Effective date: September 1, 1999.

SECTION 6.Emergency clause.