SRC-JBJ H.B. 3685 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3685
By: Flores (Lucio)
State Affairs
5/13/1999
Engrossed


DIGEST 

Currently, the Texas Department of Public Safety's Driver Improvement and
Control Bureau is charged with the assessment of the Administrative License
Revocation (ALR), Driver Improvement and Control (DIC), and Safety
Responsibility (SR) appeals.  The task is complicated by differing
statutory language. While ALR appeals are suspended upon the 91st day of
the stay, DIC and SR appeals may stay active for years.  The statute for
ALR appeals is more specific than the SR and DIC statutes.  H.B. 3685
clarifies the Transportation Code regarding driver's license suspensions,
cancellations, and revocations. This bill is modeled after Section 524.041
(Appeal from Administrative Hearing) so that more specific provisions may
be applied to all appeal petitions received by the Department of Public
Safety.  

PURPOSE

As proposed, H.B. 3685 amends regulations regarding an appeals of a
driver's license or vehicle registration suspension, cancellation, or
revocation. 

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 521.302, Transportation Code, as follows:

(b) Requires in an appeal of a driver's license suspension, cancellation,
or revocation (action), a person to file a petition by the 30th day after
the date administrative ruling is final, rather than on which the
department order was entered, in the county court at law of the county in
which the person resides, or in the county court, if there is no county
court at law. Requires a person who files an appeal under this section to
send a file stamped copy  of the petition by certified mail to the
Department of Public Safety (department) at the agency's headquarters in
Austin.  Requires the copy to be certified by the clerk of the court in
which the petition is filed. Deletes the provision that the license holder
has the right to trial by jury. 

(f) Provides that the filing of a petition of appeal as provided by this
section stays an order of cancellation, suspension, probated suspension, or
revocation.  Provides that a stay under this section is effective for not
more than 90 days after the date the appeal petition was filed. Requires
the department to impose the cancellation, suspension, probated suspension,
or revocation on the expiration of the stay.  Prohibits the department or
court from granting an extension of the stay or an additional stay.
Deletes text of existing Subsection (f), which provides that the filing of
a petition stays specified orders until the trial is completed and final
judgment is rendered. 

SECTION 2. Amends Section 601.158, Transportation Code, to make conforming
changes. 

SECTION 3. Amends Section 601.401, Transportation Code, as follows:

(a) Authorizes an act of the department under this chapter to be appealed,
unless an order of suspension by the department is based on an existing
unsatisfied  final judgment that is rendered against a person by a court in
this state and that arises out of the use of a motor vehicle in this state
or the suspension is automatic under 601.231(a). 

 (b) Requires a person, to appeal the action, to file a petition not later
than the 30th day after the date of the departmental action in the county
court at law of the county in which the resides, or, if there is no county
court at law, in the county court.  Requires a person who files an appeal
under this section to send a file stamped copy of the petition by certified
mail to the department at its headquarters in Austin.  Requires the copy to
be certified by the clerk of the court in which the petition is filed. 

(c) Provides that the filing of an appeal under this section stays an act
of the department that is the subject of the appeal. Provides that a stay
under this section is effective for not more than 90 days after the date
the appeal petition was filed.  Requires the department to impose the
suspension on the expiration of the stay.  Prohibits the department or
court from granting an extension of the stay or an additional stay. 

(d) Provides that a trial on appeal is a trial de novo.  Deletes all of the
existing text of Section 601.401, which authorizes an act of the department
under this chapter to be appealed by a person in interest in enumerated
county courts. 

SECTION 5. Repealers: Sections 601.160 (Suspension Stayed Pending Hearing
or Appeal), 601.402 (Time for Appeal), 601.403 (Trial), 601.404 (Stay of
Act on Appeal), 601.405 (Filing of Evidence of Financial Responsibility;
Effect on Appeal), 601.406 (Temporary Stay of Department's Order on Filing
of Affidavit), 601.407 (Stay After Plea or Conviction), 601.408 (Stay After
Acquittal or Dismissal) 601.409 (Maintenance of Evidence of Financial
Responsibility), and 601.410 (Limit on Courts), Transportation Code. 

SECTION 6. Effective date: September 1, 1999.

SECTION 7. Emergency clause.
  Effective date: upon passage.