By Kuempel                                            H.B. No. 2031
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                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.  Subchapter N, Chapter 521.291, Transportation
 1-6     Code is amended by amending Subsection (b) to read as follows:
 1-7           (b)  The notice may be sent by first class [certified] mail
 1-8     to license holder's most recent address as shown in the records of
 1-9     the department.
1-10           SECTION 2.  Subchapter N, Chapter 521.295, Transportation
1-11     Code is amended to read as follows:
1-12           [(a)  The director may give a license holder notice of a
1-13     pending hearing by publishing notice not later than the 31st day
1-14     before the date of the hearing in a newspaper of general
1-15     circulation in the county in which the holder resides, as shown in
1-16     the department's records, if:]
1-17                 [(1)  the hearing is to determine whether the license
1-18     holder is a habitual violator of the traffic laws; and]
1-19                 [(2)  notice under Section 521.291(b) is returned to
1-20     the department because:]
1-21                       [(A)  the department has not been notified of the
 2-1     holder's correct address; or]
 2-2           [(b)  The notice must:]
 2-3                 [(1)  specify the place, time, and date of the hearing;
 2-4     and period not to exceed one year the license of a person who is
 2-5     determined to be a habitual of the traffic laws.]
 2-6           SECTION 3.  Subchapter O, Chapter 521.344, Transportation
 2-7     Code is amended by amending Subsection (g) to read as follows:
 2-8           (g)  A revocation, suspension, or prohibition order under
 2-9     Subsection (e) or (f) remains in effect until the department
2-10     receives notice of successful completion of the educational
2-11     program.  The director shall promptly send notice of a revocation
2-12     or prohibition order issued under Subsection (e) or (f) by first
2-13     class [certified] mail[, return receipt requested,] to the person
2-14     at the person's most recent address as shown in the records of the
2-15     department.  The notice must include the date of the revocation or
2-16     prohibition order, the reason for the revocation or prohibition,
2-17     and a statement that the person has the right to request [demand]
2-18     in writing that a hearing be held on the revocation or prohibition.
2-19     Notice is considered received on the fifth day after the date the
2-20     notice is mailed.  A revocation or prohibition under Subsection (e)
2-21     or (f) shall [may not] take effect [before] the 30th [28th] day
2-22     after the date the notice is mailed [person receives notice by
2-23     certified mail or the 31st day after the date the director sends
2-24     the notice by certified mail if the person has not accepted
2-25     delivery of the notice].  The person may [must] request [demand] a
 3-1     [the] hearing not later than the 15th [20th] day after the date the
 3-2     person is considered to have received the notice [receives notice
 3-3     by certified mail or the 23rd day after the date the director sends
 3-4     the notice by certified mail if the person has not accepted
 3-5     delivery of the notice].  If the department receives a request
 3-6     [demand] under this subsection, the department shall set the
 3-7     hearing for the earliest practical time and the revocation or
 3-8     prohibition does not take effect until resolution of the hearing.
 3-9           SECTION 4.  Subchapter G, Chapter 522.071, Transportation
3-10     Code amends (c) to read as follows:
3-11           (c)  Except as provided by Subsection (b), it an affirmative
3-12     defense to prosecution of an offense under this section that the
3-13     person had not received notice of a denial, disqualification,
3-14     prohibition order, or out-of-service order concerning the person's
3-15     driver's license, permit, or privilege to operate a motor vehicle.
3-16     For purposes of the subsection, notice is presumed if the notice
3-17     was sent by first-class [certified] mail to the last known address
3-18     of the person as shown by the records of the department of
3-19     licensing authority of another state.
3-20           SECTION 5.  Subchapter A, Chapter 524.013, Transportation
3-21     Code is amended by amending Subsection (a) to read as follows:
3-22           (a)  If the department suspends a person's driver's license,
3-23     the department shall send a notice of suspension by first class
3-24     [certified] mail to the person's address:
3-25                 (1)  in the records of the department; or [and]
 4-1                 (2)  in the peace officer's report if it is different
 4-2     from the address in the department's records.
 4-3           SECTION 6.  Subchapter C, Chapter 724.033, Transportation
 4-4     Code is amended by amending Subsection (a) to read as follows:
 4-5           (a)  On receipt of a report of a peace officer under Section
 4-6     724.032, if the officer did not serve notice of suspension or
 4-7     denial at the time of refusal to submit to the taking of a
 4-8     specimen, the department shall mail notice of suspension or denial,
 4-9     by first class [certified] mail, to the address of the person shown
4-10     by the records of the department or [and] to the address given in
4-11     the peace officer's report, if different.
4-12           SECTION 7.  Section 106.115, Alcoholic Beverage Code, is
4-13     amended to read as follows:
4-14           (e)  The Department of Public Safety shall send notice of the
4-15     suspension or prohibition order issued under Subsection (d) by
4-16     first class [certified] mail[, return receipt requested,] to the
4-17     defendant.  The notice must include the date for suspension or
4-18     prohibition order, the reason for the suspension or prohibition,
4-19     and the period covered by the suspension or prohibition.
4-20           SECTION 8.  Section 161.254, Health and Safety Code, is
4-21     amended to read as follows:
4-22           (b)  The Department of Public Safety shall send to the
4-23     defendant notice of court action under Subsection (a) by first
4-24     class [certified] mail[, return receipt requested.]  The notice
4-25     must include the date of the order and the reason for the order and
 5-1     must specify the period of suspension or denial.
 5-2           SECTION 9.  Subsection O, Section 601.156, Transportation
 5-3     Code, is amended to read as follows:
 5-4           (c)  The department shall summon the person requesting the
 5-5     hearing to appear at the hearing.  Notice under this subsection
 5-6     shall be delivered through personal service or mailed by first
 5-7     class [certified] mail[, return receipt requested,] to the person's
 5-8     last known address, as shown by the department's records.  The
 5-9     notice must include written charges issued by the department.
5-10           SECTION 10.  This Act takes effect September 1, 1999.
5-11           SECTION 11.  The importance of this legislation and the
5-12     crowded condition of the calendars in both houses create an
5-13     emergency and an imperative public necessity that the
5-14     constitutional rule requiring bills be read on three consecutive
5-15     days in each house be suspended, and this rule is hereby suspended,
5-16     and that this Act take effect and be in force from and after its
5-17     passage, and it is so enacted.