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.