By Kuempel H.B. No. 2031
76R8576 WP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the process of notifying drivers of license suspension
1-3 by mail.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 521.291(b), Transportation Code, is
1-6 amended to read as follows:
1-7 (b) The notice may be sent by first class [certified] mail
1-8 to the license holder's address as shown on the holder's driver's
1-9 license.
1-10 SECTION 2. Section 521.344(g), Transportation Code, is
1-11 amended to read as follows:
1-12 (g) A revocation, suspension, or prohibition order under
1-13 Subsection (e) or (f) remains in effect until the department
1-14 receives notice of successful completion of the educational
1-15 program. The director shall promptly send notice of a revocation
1-16 or prohibition order issued under Subsection (e) or (f) by first
1-17 class [certified] mail[, return receipt requested,] to the person
1-18 at the person's most recent address as shown in the records of the
1-19 department. The notice must include the date of the revocation or
1-20 prohibition order, the reason for the revocation or prohibition,
1-21 and a statement that the person has the right to request [demand]
1-22 in writing that a hearing be held on the revocation or prohibition.
1-23 Notice is considered received on the fifth day after the date the
1-24 notice is mailed. A revocation or prohibition under Subsection (e)
2-1 or (f) takes [may not take] effect on [before] the 30th [28th] day
2-2 after the date the notice is mailed [person receives notice by
2-3 certified mail or the 31st day after the date the director sends
2-4 the notice by certified mail if the person has not accepted
2-5 delivery of the notice]. The person may request a [must demand
2-6 the] hearing not later than the 20th day after the date the notice
2-7 is mailed [person receives notice by certified mail or the 23rd day
2-8 after the date the director sends the notice by certified mail if
2-9 the person has not accepted delivery of the notice]. If the
2-10 department receives a request [demand] under this subsection, the
2-11 department shall set the hearing for the earliest practical time
2-12 and the revocation or prohibition does not take effect until
2-13 resolution of the hearing.
2-14 SECTION 3. Section 522.071(c), Transportation Code, is
2-15 amended to read as follows:
2-16 (c) Except as provided by Subsection (b), it is an
2-17 affirmative defense to prosecution of an offense under this section
2-18 that the person had not received notice of a denial,
2-19 disqualification, prohibition order, or out-of-service order
2-20 concerning the person's driver's license, permit, or privilege to
2-21 operate a motor vehicle. For purposes of this subsection, notice
2-22 is presumed if the notice was sent by first class [certified] mail
2-23 to the last known address of the person as shown by the records of
2-24 the department or licensing authority of another state.
2-25 SECTION 4. Section 524.013(a), Transportation Code, is
2-26 amended to read as follows:
2-27 (a) If the department suspends a person's driver's license,
3-1 the department shall send a notice of suspension by first class
3-2 [certified] mail to the person's address:
3-3 (1) in the records of the department; or [and]
3-4 (2) in the peace officer's report if it is different
3-5 from the address in the department's records.
3-6 SECTION 5. Section 724.033(a), Transportation Code, is
3-7 amended to read as follows:
3-8 (a) On receipt of a report of a peace officer under Section
3-9 724.032, if the officer did not serve notice of suspension or
3-10 denial of a license at the time of refusal to submit to the taking
3-11 of a specimen, the department shall mail notice of suspension or
3-12 denial, by first class [certified] mail, to the address of the
3-13 person shown by the records of the department or [and] to the
3-14 address given in the peace officer's report, if different.
3-15 SECTION 6. Section 601.156(c), Transportation Code, is
3-16 amended to read as follows:
3-17 (c) The department shall summon the person requesting the
3-18 hearing to appear at the hearing. Notice under this subsection
3-19 shall be delivered through personal service or mailed by first
3-20 class [certified] mail[, return receipt requested,] to the
3-21 person's last known address, as shown by the department's records.
3-22 The notice must include written charges issued by the department.
3-23 SECTION 7. Section 106.115(e), Alcoholic Beverage Code, is
3-24 amended to read as follows:
3-25 (e) The Department of Public Safety shall send notice of the
3-26 suspension or prohibition order issued under Subsection (d) by
3-27 first class [certified] mail[, return receipt requested,] to the
4-1 defendant. The notice must include the date of the suspension or
4-2 prohibition order, the reason for the suspension or prohibition,
4-3 and the period covered by the suspension or prohibition.
4-4 SECTION 8. Section 161.254(b), Health and Safety Code, is
4-5 amended to read as follows:
4-6 (b) The Department of Public Safety shall send to the
4-7 defendant notice of court action under Subsection (a) by first
4-8 class [certified] mail[, return receipt requested]. The notice
4-9 must include the date of the order and the reason for the order and
4-10 must specify the period of the suspension or denial.
4-11 SECTION 9. Section 521.295, Transportation Code, is
4-12 repealed.
4-13 SECTION 10. (a) This Act takes effect September 1, 1999.
4-14 (b) The change in law made by this Act applies only to a
4-15 notice mailed on or after the effective date of this Act. A notice
4-16 mailed before the effective date of this Act is covered by the law
4-17 in effect when the notice was mailed, and the former law is
4-18 continued in effect for that purpose.
4-19 SECTION 11. The importance of this legislation and the
4-20 crowded condition of the calendars in both houses create an
4-21 emergency and an imperative public necessity that the
4-22 constitutional rule requiring bills to be read on three several
4-23 days in each house be suspended, and this rule is hereby suspended.