JWW H.B. 2715 75(R)BILL ANALYSIS


PUBLIC SAFETY
H.B. 2715
By: Goodman
4-16-97
Committee Report (Unamended)



BACKGROUND 

House Bill 2715 is a request by the Department to "clean up" and add
language in the existing laws relating to cancellation of driving licenses
for persons restricted to operating a vehicle with a deep lung breath
analysis device and to cancel a renewed driver license.  

PURPOSE

This bill will change the wording in the existing interlock statute to
conform with terms used in current departmental policies and procedures.

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 (g), Section 12, Chapter 173, Acts of the 47th
Legislature.   Regular Session, 1941(Article 6687b, Vernon's Texas Civil
Texas Statutes) by   replacing "notice" with "a court order" in reference
to persons required to operated   a motor vehicle equipped with a device
that uses a "deep-lung breath analysis   mechanism" used to detect ethyl
alcohol in the breath of the operator.  This   subsection stipulates that
a person receiving notice from the Department of Public   Safety (DPS) of
the court order will have their license cancelled in thirty days.    Upon
expiration of the court ordered restriction, DPS may re-issue a driver's
license without the restriction. 

SECTION 2 Amends Section 521.210, Transportation Code by adding the word
"renew", so   that DPS may refuse renewal of a license if a person has has
a license     denied, suspended, or revoked in this state, any other state
or another country.    This change is required to bring existing statute
in compliance with the Driver's   License Compact. 

SECTION 3 Effective Date: September 1, 1997.

SECTION 4 Emergency Clause.