HBA-NMO S.B. 578 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 578
By: Armbrister
Criminal Jurisprudence
5/4/1999
Engrossed



BACKGROUND AND PURPOSE 

Under current law, the term "final conviction" may confuse those who report
convictions to the Department of Public Safety for the purpose of
suspending a defendant's driver's license.  S.B. 578 provides that a
conviction, for the purpose of suspending a defendant's driver's license,
is not a final conviction if the defendant receives a deferred adjudication
in the case or if the court defers final disposition of the case, unless
the court subsequently proceeds with an adjudication of guilt and imposes a
sentence on the defendant. 

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 Subsection (c), Section 521.347, Transportation Code, to
provide that a conviction, for the purposes of this section (Reports;
Recommended Suspension), is not a final conviction if the defendant
receives a deferred adjudication in the case or if the court defers final
disposition of the case, unless the court subsequently proceeds with an
adjudication of guilt and imposes a sentence on the defendant. 

SECTION 2.Emergency clause.
  Effective date: upon passage.