By Pitts                                                H.B. No. 45
         76R246 JD-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the requirement that certain administrative hearings
 1-3     involving the Department of Public Safety be heard by a justice of
 1-4     the peace.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Chapter 1, Transportation Code, is amended by
 1-7     adding Section 1.005 to read as follows:
 1-8           Sec. 1.005.  ADMINISTRATIVE HEARINGS INVOLVING DEPARTMENT OF
 1-9     PUBLIC SAFETY.  Notwithstanding any law to the contrary, an
1-10     administrative hearing under this code in which the Department of
1-11     Public Safety is a party in interest shall be heard by a justice of
1-12     the peace in the county in which an opposing party in interest
1-13     resides, if that opposing party in interest resides in a county
1-14     having a population of less than 150,000.
1-15           SECTION 2.  Subchapter D, Chapter 644, Transportation Code,
1-16     is amended by adding Section 644.156 to read as follows:
1-17           Sec. 644.156.  ADMINISTRATIVE HEARINGS TO BE HEARD BY JUSTICE
1-18     OF THE PEACE.  (a)  Notwithstanding any law to the contrary, an
1-19     administrative hearing under this chapter shall be heard by a
1-20     justice of the peace in the county in which the motor carrier's
1-21     principal place of business in this state is located, if the motor
1-22     carrier's principal place of business in this state is located in a
1-23     county having a population of less than 150,000.
1-24           (b)  An appeal from the decision of the justice of the peace
 2-1     may be taken in the manner provided by Sections 521.302(b)-(e).
 2-2           SECTION 3.  This Act takes effect September 1, 1999, and
 2-3     applies only to a hearing that is scheduled to begin on or after
 2-4     October 1, 1999.
 2-5           SECTION 4.  The importance of this legislation and the
 2-6     crowded condition of the calendars in both houses create an
 2-7     emergency and an imperative public necessity that the
 2-8     constitutional rule requiring bills to be read on three several
 2-9     days in each house be suspended, and this rule is hereby suspended.