HBA-NIK H.B. 3687 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3687
By: Flores
Public Safety
4/15/1999
Introduced



BACKGROUND AND PURPOSE 

Current laws provide no enforcement provisions for driving while a license
is suspended or invalid. 
H.B. 3687 provides that the enforcement of the law be carried out if a
person has driven during a period when the person's operating privilege has
been withdrawn. This bill combines the definition of driver's license and
license to eliminate confusion among law enforcement agencies and court
systems regarding whether to prosecute offenses involving driving with an
invalid license. 

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 521.001(a), Transportation Code, to define
"license" with "driver's license" to mean an authorization to operate a
motor vehicle that is issued under or granted by the laws of this state,
and to specify that the term includes enumerated types of licenses.
Redesignates Subdivisions (7)-(8) to (6)-(7).  Makes nonsubstantive
changes. 

SECTION 2. Amends Subchapter O, Chapter 521.343, Transportation Code, to
provide that if a permit or privilege is suspended under this subchapter
for a subsequent period, the subsequent suspension is for 18 months except
as otherwise provided by a section listed in Subsection (a). Provides that,
if the license holder is convicted of operating a motor vehicle without a
license, the period is extended for the same term as the original
cancellation, revocation, or denial, or one year, whichever is shorter.
Makes a conforming change. 

SECTION 3.  Amends Subchapter S, Chapter 521.457, Transportation Code, to
provide that a person commits an offense if the person operates a motor
vehicle on a highway during a period that the person's driver's license,
permit, or privilege is suspended or revoked including, but not limited to
suspensions, revocations, or denials under certain enumerated statutes.
Provides that a person commits an offense if the person operates a motor
vehicle on a highway while prohibited from obtaining a license or permit
subject to specified statutes. Makes conforming changes. 

SECTION 4. Amends Subchapter L, Chapter 601.371, Transportation Code, to
delete text providing that a person commits an offense if the person
operated a motor vehicle on a highway while the person's license was
expired or suspended. Makes conforming changes. 

SECTION 5. Effective date: September 1, 1999.

SECTION 6. Emergency clause.
  Effective date: upon passage.