By Pitts                                        H.B. No. 2184

      75R7376 JD-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the requirement that certain administrative hearings

 1-3     involving the Department of Public Safety be heard by a justice of

 1-4     the peace.

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

 1-6           SECTION 1.  Chapter 1, Transportation Code, is amended by

 1-7     adding Section 1.005 to read as follows:

 1-8           Sec. 1.005.  ADMINISTRATIVE HEARINGS INVOLVING DEPARTMENT OF

 1-9     PUBLIC SAFETY.  Notwithstanding any provision of this code to the

1-10     contrary, an administrative hearing under this code in which the

1-11     Department of Public Safety is a party in interest shall be heard

1-12     by a justice of the peace in the county in which the opposing party

1-13     in interest resides, if the opposing party in interest resides in a

1-14     county having a population of less than 150,000.

1-15           SECTION 2.  Article 6675d, Revised Statutes, is amended by

1-16     adding Section 16 to read as follows:

1-17           Sec. 16.  ADMINISTRATIVE HEARINGS TO BE HEARD BY JUSTICE OF

1-18     THE PEACE.  (a)  Notwithstanding any provision of this article to

1-19     the contrary, an administrative hearing under this article shall be

1-20     heard by a justice of the peace in the county in which the motor

1-21     carrier's principal place of business in this state is located, if

1-22     the motor carrier's principal place of business in this state is

1-23     located in a county having a population of less than 150,000.

1-24           (b)  An appeal of the decision of the justice of the peace

 2-1     may be taken in the manner provided by Sections 521.302(b)-(e),

 2-2     Transportation Code.

 2-3           SECTION 3.  This Act takes effect September 1, 1997, and

 2-4     applies only to a hearing that is scheduled to begin on or after

 2-5     October 1, 1997.

 2-6           SECTION 4.  The importance of this legislation and the

 2-7     crowded condition of the calendars in both houses create an

 2-8     emergency and an imperative public necessity that the

 2-9     constitutional rule requiring bills to be read on three several

2-10     days in each house be suspended, and this rule is hereby suspended.