SRC-PNG H.B. 2031 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2031
76R8576 WP-FBy: Kuempel (Armbrister)
State Affairs
5/13/1999
Engrossed


DIGEST 

Several different statutes require the Department of Public
Safety(department) to send orders of license suspension and other documents
by certified mail. Currently, state law requires individuals to notify the
department of a change of address within 30 days of moving, therefore, the
department should have a current address at which to notify these
individuals. H.B. 2031 authorizes the department to notify the license
holder of the suspension action by first class mail, rather than by
certified mail. This substitute also authorizes the license holder to
request a hearing no later than the 20th day after the date the notice is
mailed. 

PURPOSE

As proposed, H.B. 2031authorizes the Department of Public Safety to notify
the license holder of the suspension action by first class mail, and
authorizes the license holder to request a hearing no later than the 20th
day after the date the notice is mailed. 

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 521.291(b), Transportation Code, by authorizing
the notice of a driver's license suspension to be sent by first class,
rather than certified, mail to the license holder's address as shown on the
holder's driver's license.  

SECTION 2. Amends Section 521.344(g), Transportation Code, to delete the
requirement that the notice sent under this section be sent return receipt
requested. Provides that the notice must contain a statement that the
person has the right to request, rather than demand, in writing that a
hearing be held on the revocation or prohibition. Provides that the notice
is considered received on the fifth day after the date the notice is
mailed. Provides that a revocation or prohibition under Subsection (e)
(revocation of license or prohibition from obtaining license under
specified circumstances) or (f) (relating to failure to complete certain
rehabilitation programs) takes effect on the 30th day after the date the
notice is mailed, rather than prohibiting a revocation to take effect
before the 28th day after the person received notice. Authorizes the person
to request a hearing not later than the 20th day after the date the notice
is mailed, rather than providing that the person must demand the hearing
not later than the 20th day after the specified date. Makes conforming
changes.  

SECTION 3. Amends Section 522.071(c), Transportation Code, to make
conforming and nonsubstantive changes.  

SECTION 4.  Amends Section 524.013(a), Transportation Code, to require the
department to send a notice of suspension to the person's address in the
records of the department or, rather than and, in the peace officer's
report if it is different from the address in the department's records.
Makes a conforming change.  

SECTION 5. Amends Section 724.033(a), Transportation Code, to make a
conforming change. 

SECTION 6. Amends Section 601.156(c), Transportation Code, to make
conforming changes.  
 
SECTION 7. Amends Section 106.115(e), Alcoholic Beverage Code, to make
conforming changes.  

SECTION 8. Amends Section 161.254(b), Health and Safety Code, to make
conforming changes.  

SECTION 9. Repealer: Section 521.295 (Habitual Violators;
Notice),Transportation Code.  

SECTION 10. Effective date: September 1, 1999. 
 Makes application of this Act prospective to a notice mailed on or after
the effective date of this Act. 

 SECTION 11. Emergency clause.