HBA-NIK H.B. 3685 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3685 By: Flores Public Safety 4/15/1999 Introduced BACKGROUND AND PURPOSE Currently, the Texas Department of Public Safety's Driver Improvement and Control Bureau is charged with the assessment of the Administrative License Revocation (ALR), Driver Improvement and Control (DIC), and Safety Responsibility (SR) appeals. The task is complicated by differing statutory language. While ALR appeals are suspended upon the 91st day of the stay, DIC and SR appeals may stay action for years. The statute for ALR appeals is 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: (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. 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. Deletes Section 601.160, Transportation Code, prohibiting the department from suspending a driver's license, vehicle registration, or operating privilege pending a hearing and appeal. SECTION 4. Amends Section 601.401, Transportation Code, as follows: (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 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 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 5. Repealer: Sections 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 6. Effective date: September 1, 1999. SECTION 7. Emergency clause. Effective date: upon passage.