HBA-TBM H.B. 2663 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2663
By: Grusendorf
Public Safety
7/16/2001
Enrolled



BACKGROUND AND PURPOSE 

Currently, the Sex Offender Registration Program requires a sex offender to
renew a driver's license or identification card annually.  However, prior
to the 77th Legislature, state law did not address the issuance of
commercial licenses, learning permits, hardship licenses,  and provisional
licenses to registered sex offenders.  House Bill 2663 provides specific
provisions for the issuance of these types of licenses and permits to sex
offenders.   

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. 

ANALYSIS

House Bill 2663 amends the Code of Criminal Procedure and Transportation
Code relating to a license or permit for certain sex offenders to operate a
motor vehicle or commercial motor vehicle.  The bill extends to a person
who is required by law to register as a sex offender (offender) and who is
already required by law to obtain a driver's license or identification card
the option of obtaining a commercial driver's license or learner's permit
instead.  The bill requires an offender to apply annually for a renewal
commercial driver's license or learner's permit except for an initial
license which expires initially on the second year.  The fee for a
commercial driver's license or learner's permit issued to an offender is
$20. The bill prohibits such a license from being renewed before the 60th
day preceding the expiration date.   

The bill authorizes the Department of Public Safety (DPS) to issue a
personal identification certificate, a driver's license, a provisional
license, an instruction permit, or hardship license to an offender for a
fee of $20.  The bill provides that such a permit or license must include a
photograph of the offender.  An instruction permit, hardship license, or a
provisional license issued to an offender does not expire annually.  

The bill removes provisions prohibiting DPS from accepting renewal by mail
of a provisional license, an occupational license, or a driver's license if
the license holder has been convicted of a moving violation or an offense
that mandates automatic suspension of the license. The bill provides that a
disabled veteran is not exempt from licensure fees if the veteran is an
offender.   

EFFECTIVE DATE

September 1, 2001.