SRC-DPW H.B. 1562 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1562
76R5721 MLS-FBy: Reyna, Elvira (Carona)
Jurisprudence
5/13/1999
Engrossed


DIGEST 

H.B. 1562 clarifies a confused interpretation of two laws passed during
the75th Legislature. One bill allowed county criminal courts to refer
occupational driver's license matters to magistrates. The other gave county
criminal courts concurrent civil jurisdiction with the county courts at law
to hear appeals of driver's license suspensions. The confusion comes from
automatic license revocation (ALR) appeal hearings. In this case, the Texas
Department of Public Safety contends that a magistrate cannot hear the
appeal because it is a civil matter.  H.B. 1562 makes conforming changes in
Section 54.306 (a) of the Government Code that will allow a magistrate to
hear an ALR appeal. 

PURPOSE

As proposed, H.B. 1562 specifies matters that may be referred to a criminal
law magistrate in Dallas County. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 54.306(a), Government Code, to authorize a judge
to refer a magistrate any matter arising out of a criminal case involving
an appeal of an administrative driver's license revocation hearing.  Makes
conforming changes. 

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.