RS C.S.H.B. 1937 75(R)    BILL ANALYSIS


INSURANCE
C.S.H.B. 1937
By: Flores
4-25-97
Committee Report (Substituted)



BACKGROUND 

When the Department of Public Safety decides to proceed with the
suspension of an individual's driver's license after being convicted more
than once for operating a motor vehicle without liability insurance or for
being involved in an accident while driving uninsured, the department must
notify the affected person of the suspension by certified mail. In order
for the suspension to take affect, the person whose license is being
suspended must sign the return receipt that accompanies the certified
letter. In this manner, there are many instances where the person whose
license is being suspended simply refuses to sign for the certified letter
and avoids having their driver's license suspended. In addition, many
times the last known address for an individual maybe different from the
one the DPS may have on file for them. When this holds true, a person can
again avoid having their license suspended because they simply did not
reside at the address where the certified letter was mailed to.  

PURPOSE

As proposed, House Bill 1937 would require the Department of Public Safety
to notify an individual that his or her driver's license is being
suspended by regular mail to the last known address, in order for notice
of a driver's license suspension  to be presumed received.  

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. Amends subsection (c) and adds subsection (d) to Section
601.155, Transportation Code as follows: 

(c) Removes language requiring certified mail, and return reciept.

(d) If notice was mailed to last known address by department standards,
then it is presumed to be received. 

COMPARISON OF ORIGINAL TO SUBSTITUTE
Document made into Legislative Council draft.  No other substantive
changes.