HBA-DMD, NIK H.B. 2031 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2031
By: Kuempel
Public Safety
7/30/1999
Enrolled



BACKGROUND AND PURPOSE 

Several different statutes require the Department of Public Safety
(department) to send orders of license  suspension and other documents by
certified mail.  Prior to the 76th Legislature, state law required
individuals to notify the department of a change of address within 30 days
of moving, therefore, the department should have had a current address at
which to notify these individuals. H.B. 2031 allows 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. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

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 from taking 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 of Public Safety (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.