SRC-JBJ H.B. 3342 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3342
76R2167 DRH-DBy: Naishtat (Wentworth)
State Affairs
5/12/1999
Engrossed


DIGEST 

Currently, the Transportation Code uses the term "mental competency" to
describe a person's capability to hold a driver's license.  However, the
Probate Code uses the term "mental capacity" for the same situation.  The
different terms may lead to confusion among probate judges who adjudicate
guardianship cases in order to determine whether a person is fully or
partially incapacitated and whether the person should be able to retain a
driver's license.  H.B. 3342 would prohibit the Department of Public Safety
from issuing any license to a person who has been determined to be totally
incapacitated or incapacitated to act as the operator of a motor vehicle,
under certain conditions.  

PURPOSE

As proposed, H.B. 3342 amends a regulation regarding a person's ability to
hold a driver's license. 

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 521.201, Transportation Code, to prohibit the
Department of Public Safety from issuing a license to a person who has been
determined by a judgment of a court to be totally incapacitated or
incapacitated to act as the operator of a motor vehicle, unless the person
has been restored to capacity, rather than competency, by judicial decree,
or released from a hospital for the mentally incapacitated, rather than
incompetent, on a certificate by the superintendent or administrator of the
hospital that the person has regained capacity, rather than is competent. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.