BILL ANALYSIS



H.B. 2389
By: Hilbert
04-26-95
Committee Report (Unamended)


BACKGROUND

Current law (Vernon's Texas Civil Statutes, Article 6687b, Section
30) provides for the suspension of a drivers license of a person
who has been judged mentally incompetent or whom a court has
determined is addicted to the use of alcohol or a controlled
substance.  These judgments occur when a person is involuntarily
committed for mental treatment or when a person with a chemical
dependency voluntarily agrees to a court-monitored treatment
program.

Once a person who has been adjudged mentally incompetent has been
"restored to competency" his or her license is returned.  However,
the statutes make no provision for a person who has completed his
or her court ordered treatment program for chemical dependency.

This inability to regain one's drivers license is a deterrent to
those who have been judged chemically dependent.  Under current
law, those who enter a treatment program voluntarily face an
automatic license suspension with no mechanism for reinstatement.

PURPOSE

H.B. 2389 amends current law by clarifying that a revocation that
occurs as a result of a judgment of chemical dependency expires
upon expiration of the order of treatment of the chemically
dependent person.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1: Section 30, Article 6687b, Vernon's Texas Civil
Statutes, is amended to read as follows:
Section 30 (a)Prohibits a person who is chemically  dependent or
who is mentally incompetent from operating a motor vehicle.
(b)Provides for automatic revocation of a driver's license upon
adjudication of a person as mentally incompetent or upon a court
order for involuntary treatment for chemical dependency. 
Adjudication of incompetency or involuntary treatment for chemical
dependency prohibits the Department of Public Safety from issuing
a driver's license.
(c)Requires the clerk of the court to notify the department of an
order of involuntary treatment of a chemically dependent person or
adjudication of mental incompetency.
(d)Provides for automatic expiration of a revocation under
Subsection (b) when the incompetent person is restored to
competency by judicial decree or released from the hospital on
certification from the hospital superintendent the person is
competent and when the order of involuntary treatment of the
chemically dependent person expires.
(e)Assigns the meaning of "chemical dependency" and "treatment" in
this section the same meanings assigned by Section 462.001, Health
and Safety Code.

SECTION 2. Emergency clause and Effective Date as upon passage.




SUMMARY OF COMMITTEE ACTION

Pursuant to a public notice posed on April 13, 1995 at 4:14 p.m.,
the House Committee on Transportation met in a public hearing on
Wednesday, April 19, 1995 at 2:00 p.m., or upon adjournment, in
Room E1.014 of the Capitol Extension and was called to order at
2:16 p.m. by the Chair, Representative Clyde Alexander.  The Chair
laid out H.B 2389 and recognized Representative Hilbert to explain
H.B. 2389.  The Chair recognized the following person who testified
in support of H.B. 2389.  Dick Tierney, Mental Health Administrator
for Harris County.  There were no witnesses testifying in
opposition to H.B. 2389.  The Chair left H.B. 2389 pending before
the Committee.  Pursuant to a public notice posted on April 21,
1995, at 4:04 p.m., the House Committee on Transportation met in a
public hearing on Wednesday, April 26, 1995, at 2:00 p.m., or upon
adjournment, in Room E1.014 of the Capitol Extension and was called
to order at 6:13 p.m. by the Chair, Representative Clyde Alexander. 
The Chair laid out H.B. 2389 by Hilbert, which was pending before
the Committee.  Representative Bosse moved that the Committee
report H.B. 2389, without amendments, to the full House with the
recommendation that it do pass.  The motion prevailed by the
following vote: Ayes (8), Nayes (0), Absent (1), Present not voting
(0).