BILL ANALYSIS


                                                        H.B. 2389
                                           By: Hilbert (Whitmire)
                                                    State Affairs
                                                          5-25-95
                              Senate Committee Report (Unamended)
BACKGROUND

Current law provides for the suspension of a driver's 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" the person's 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 driver's license may be a deterrent
to whose who have been judged chemically dependent to enter a
treatment program voluntarily because voluntary entrance into a
program results in an automatic license suspension with no
mechanism for reinstatement.

PURPOSE

As proposed, H.B. 2389 clarifies current law by providing that
revocation of a driver's license 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 grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 30, Article 6687b, V.T.C.S., as follows:

     Sec. 30.  (a) Prohibits a person from operating a motor
     vehicle if the person is a person with a chemical dependance
     who meets certain criteria or a person who has been adjudged
     mentally incompetent.
     
     (b)(1) Provides that the person's driver's license is
       automatically revoked on adjudication of the person as
       mentally incompetent or the ordering by a court of
       involuntary treatment of the person under Chapter 462D,
       Health and Safety Code.
       
       (2) Provides that if the person has not been issued a
         driver's license, the adjudication of the person's
         incompetency or the ordering of involuntary treatment of
         the person automatically prohibits the Department of
         Public Safety (department) from issuing a driver's license
         to the person.
       (c) Requires the clerk of the court that adjudges a person
       to be mentally incompetent or that orders involuntary
       treatment of a chemically dependent person, to notify the
       department of the court's adjudication or action within 10
       days after the court makes the adjudgment or order.
       
       (d) Sets forth circumstances under which the revocation of
       a driver's license or the prohibition against the issuance
       of a driver's license under Subsection (b) automatically
       expires.
       
       (e) Requires the department to be notified of certain
       information before the 10th day after the action.
       
       (f) Defines "chemical dependency" and "treatment."  Deletes
       existing Section 30.
SECTION 2. Emergency clause.
           Effective date: upon passage.