HBA-DMD, NIK H.B. 3685 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3685
By: Flores
Public Safety
7/30/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, the Texas Department of Public Safety's
Driver Improvement and Control Bureau was charged with the assessment of
the Administrative License Revocation (ALR), Driver Improvement and Control
(DIC), and Safety Responsibility (SR) appeals.  The task was complicated by
differing statutory language. While ALR appeals were suspended upon the
91st day of the stay, DIC and SR appeals were able to stay action for
years.  The statute for ALR appeals was more specific than the SR and DIC
statute.  H.B. 3685 clarifies the Transportation Code regarding driver's
license suspensions, cancellations, and revocations.  This bill is modeled
after Section 524.041 (Appeal from Administrative Hearing) so that more
specific provisions may be applied to all appeal petitions received by the
Department of Public Safety.  

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 521.302, Transportation Code, as follows:

Sec. 521.302. APPEAL; JUDICIAL REVIEW. (a) Makes no change.

(b) Provides that to appeal a driver's license suspension, cancellation, or
revocation (action), a person must file a petition by the 30th day after
the date administrative ruling is final, rather than on which the
department order was entered, in the county court at law of the county in
which the person resides, or in the county court if there is no county
court at law.  Requires a person who files an appeal under this section to
send a file stamped copy  of the petition by certified mail to the
Department of Public Safety (department) at the agency's headquarters in
Austin.  Provides that the copy must be certified by the clerk of the court
in which the petition is filed. 

(c) Makes no change.

(d) Requires the court to determine whether the petitioner is subject to
the probated suspension of a license in addition to other actions the court
is required to take. 

(e) Deletes the provision that the license holder has the right to trial by
jury. 

(f) Provides that the filing of a petition of appeal as provided by this
section stays an order of cancellation, suspension, probated suspension, or
revocation.  Provides that a stay under this section is effective for not
more than 90 days after the date the appeal petition was filed.  Requires
the department to impose the cancellation, suspension, probated suspension,
or revocation on the expiration of the stay.  Prohibits the department or
court from granting an extension of the stay or an additional stay.
Deletes text of existing Subsection (f), which provides that the filing of
a petition stays specified orders until the trial is completed and final
judgment is rendered. 

 SECTION 2. Amends Section 601.158, Transportation Code, to make conforming
changes relating to when the person must file a petition to appeal the
action and how the filing of a petition of appeal stays an order of
suspension.  

SECTION 3. Amends Section 601.401, Transportation Code, as follows:

Sec. 601.401. DEPARTMENT ACTS SUBJECT TO REVIEW. (a) Authorizes an act of
the department under this chapter to be appealed, unless an order of
suspension by the department is based on an existing unsatisfied  final
judgment that is rendered against a person by a court in this state and
that arises out of the use of a motor vehicle in this state or the
suspension is automatic under Section 601.231(a) (Suspension of Driver's
License and Vehicle Registration). 

(b) Provides that, to appeal the action, the person must file a petition
not later than the 30th day after the date of the departmental action in
the county court at law of the county in which the person resides, or, if
there is no county court at law, in the county court. Requires a person who
files an appeal under this section to send a file-stamped copy of the
petition by certified mail to the department at the agency's headquarters
in Austin. Provides that the copy must be certified by the clerk of the
court in which the petition is filed. 

(c) Provides that the filing of an appeal under this section stays an act
of the department that is the subject of the appeal. Provides that a stay
under this section is effective for not more than 90 days after the date
the appeal petition was filed.  Requires the department to impose the
suspension on the expiration of the stay.  Prohibits the department or
court from granting an extension of the stay or an additional stay. 

(d) Provides that a trial on appeal is a trial de novo.

Deletes all of the existing text of Section 601.401, which authorizes an
act of the department under this chapter to be appealed by a person in
interest in enumerated county courts. 

SECTION 4. Repealer: Sections 601.160 (Suspension Stayed Pending Hearing or
Appeal), 601.402 (Time for Appeal), 601.403 (Trial), 601.404 (Stay of Act
on Appeal), 601.405 (Filing of Evidence of Financial Responsibility;
Effect on Appeal), 601.406 (Temporary Stay of Department's Order on Filing
of Affidavit), 601.407 (Stay After Plea or Conviction), 601.408 (Stay After
Acquittal or Dismissal) 601.409 (Maintenance of Evidence of Financial
Responsibility), and 601.410 (Limit on Courts), Transportation Code. 

SECTION 5. Effective date: September 1, 1999.

SECTION 6. Emergency clause.