HBA-NIK, NIK H.B. 3641 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3641
By: Turner, Bob
Public Safety
4/8/1999
Introduced



BACKGROUND AND PURPOSE 

Various offenses related to the operation of a motor vehicle are handled
through administrative hearings.  Patterning such hearings after the
administrative license revocation (ALR) program may make them more
efficient.  H.B. 3641 authorizes the public safety director to notify a
person of the revocation or suspension of the person's driver's license,
permit, or operating privilege.  This bill requires a $50 processing fee
for the hearing, provides the time frame in which the hearing is to take
place, and requires the hearing to be heard by a judge of a municipal court
or a justice of the peace of a county. 

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, Transportation Code, as follows:

 (a) Includes the provision that if a person meets one or more of the
criteria listed in Section 521.294 (Suspension; Revocation), the public
safety director (director) is authorized to notify the person, rather than
the license holder, and to suspend or revoke the person's license, permit,
or operating privilege, rather than to summon the license holder to appear
at a hearing.  Provides that notice is considered received on the fifth day
after the date the notice is mailed. Makes conforming changes. 

(b) Requires, rather than authorizes, the notice to be sent by first class,
rather than certified, mail to the person's most recent address as shown in
the records of the Department of Public Safety (department), rather than on
the holder's driver's license. Makes a conforming change. 

(c) Provides that the period of suspension is 90 days effective 40 days
after the date the person is considered to have received the notice of
suspension or revocation, if a hearing is not requested in a timely manner. 

SECTION 2. Amends Section 521.292, Transportation Code, to require a
hearing to be held as provided by this subchapter (General Provisions
Relating to License Denial, Suspension, or Revocation) if, not later than
the specified time, the department receives at its headquarters in Austin
in writing a request that a hearing be held.  Provides that a $50
processing fee must be included with the request for hearing.  Prohibits
the department, if the $50 fee is not included, from processing the
request.  Provides that fees collected under this subsection are hereby
appropriated to the department for the administration of this chapter
(Driver's License and Certificate) and Chapter 601 (Motor Vehicle Safety
Responsibility Act).  Makes a conforming change. 

SECTION 3. Amends Section 521.293, Transportation Code,  to require the
hearing to be conducted not less than 10 days after the date of
notification required by Section 521.292 (Written Changes Required), rather
than Section 521.291 (Authority to Suspend or Revoke License; Notice;
Hearing). Requires the department, rather than the presiding officer, to
set the case for hearing at the earliest  practical time. 

SECTION 4. Amends Section 521.294, Transportation Code, as follows:

(b) Includes a person's permit or operating privilege among that which the
presiding officer is required to determine should be suspended or revoked.
Deletes text stating that the person's responsibility as an operator for
any accident resulting in death is a reason requiring the presiding officer
to determine the revocation or suspension of a person's license, permit, or
operating privilege. Redesignates Subdivisions (3)-(6) to (2)-(5). 

(1) Makes a conforming change.

(6) Redesignated from (7).  Includes a person convicted on two or more
occasions for violating a restriction, rather than an endorsement, imposed
on the use of the license as a reason for the revocation or suspension of a
person's license, permit, or operating privilege. 

(7) Includes a violation of an endorsement imposed on the use of the
license as a reason for the revocation or suspension of a person's license,
permit, or operating privilege. 

(c) Provides that if the hearing results in an affirmative finding that the
person engaged in conduct proscribed in Subsection (b), except for
Subsection (b)(1), the period of a suspension is not less than 30 days or
more than one year.  Makes a nonsubstantive change. 

(d) Redesignated from (c).

(e) Redesignated from (d).  Requires the presiding officer to determine
whether a person's license should be revoked because the person, who is at
least 14 years of age but younger than 17, has been reported within two
years of an offense by a court for specified violations. 

Subsections (f)-(i) are redesignated from (e)-(h). 

SECTION 5. Amends Section 521.295, Transportation Code, to delete the
entire text of this section, authorizing the director to give a license
holder notice of a pending hearing by publication in a newspaper. 

SECTION5. (This bill contains an additional SECTION 5). Amends Section
521.301, Transportation Code, to provide that a suspension, cancellation,
or revocation order is binding unless appealed as provided in Section
521.302 (Appeal; Judicial Review), rather than Section 521.303, or unless
the hearing was timely requested under Section 521.291 in addition to
Section 521.344 (g) (Suspension for Offenses Related to Use of Alcohol). 

SECTION 6. Amends Section 601.156, Transportation Code, to provide that a
hearing under this subchapter is subject to the notice and hearing
procedures of Section 521.291.  Requires such a hearing to be heard by a
judge of a municipal court or the justice of the peace of the county,
rather than the precinct, in which the person requesting the hearing
resides.  Deletes text requiring the court to set a date for the hearing
and the department to summon the person requesting the hearing. 

SECTION 7. Effective date: September 1, 1999.

SECTION 8. Emergency clause.
  Effective date: upon passage.