Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Flores                                       H.B. No. 1937

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the suspension of driver's license of a person

 1-3     convicted of offense of operating a motor vehicle without liability

 1-4     insurance.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 601.155, Transportation Code, is amended

 1-7     by changing subsection (c) and adding subsection (d) to read as

 1-8     follows:

 1-9           Sec. 601.155.  Notice of Determination.  (a)  The department

1-10     shall notify the affected person of a determination made under

1-11     Section 601.154.

1-12           (b)  The notice must state that:

1-13                 (1)  the person's driver's license and vehicle

1-14     registration or the person's nonresident's operating privilege will

1-15     be suspended unless the person, not later than 20th day after the

1-16     date the notice was personally served or mailed, establishes that:

1-17                       (A)  this subchapter does not apply to the

1-18     person, and the person has previously provided this information to

1-19     the department; or

1-20                       (B)  there is no reasonable probability that a

1-21     judgment will be rendered against the person as a result of the

1-22     accident; and

1-23                 (2)  the person is entitled to a hearing under this

1-24     subchapter if a written request for a hearing is delivered or

 2-1     mailed to the department not later than the 20th day after the date

 2-2     the notice was personally served or mailed.

 2-3           (c)  Notice under this section that is mailed must be mailed

 2-4     [by certified mail, return receipt requested,] to the person's last

 2-5     known address, as shown by the department's records.

 2-6           (d)  for purposes of this subsection, notice is presumed to

 2-7     be received if the notice was mailed to the last known address of

 2-8     the person as shown by department records.

 2-9           SECTION 2.  This Act takes effect September 1, 1997.

2-10           SECTION 3.  The importance of this legislation and the

2-11     crowded condition of the calendars in both houses create an

2-12     emergency and an imperative public necessity that the

2-13     constitutional rule requiring bills to be read on three several

2-14     days in each house be suspended, and this rule is hereby suspended.