1-1     By:  Kuempel (Senate Sponsor - Armbrister)            H.B. No. 2031
 1-2           (In the Senate - Received from the House May 5, 1999;
 1-3     May 6, 1999, read first time and referred to Committee on State
 1-4     Affairs; May 14, 1999, reported favorably by the following vote:
 1-5     Yeas 8, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the process of notifying drivers of license suspension
 1-9     by mail.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 521.291(b), Transportation Code, is
1-12     amended to read as follows:
1-13           (b)  The notice may be sent by first class [certified] mail
1-14     to the license holder's address as shown on the holder's driver's
1-15     license.
1-16           SECTION 2.  Section 521.344(g), Transportation Code, is
1-17     amended to read as follows:
1-18           (g)  A revocation, suspension, or prohibition order under
1-19     Subsection (e) or (f) remains in effect until the department
1-20     receives notice of successful completion of the educational
1-21     program.  The director shall promptly send notice of a revocation
1-22     or prohibition order issued under Subsection (e) or (f) by first
1-23     class [certified] mail[, return receipt requested,] to the person
1-24     at the person's most recent address as shown in the records of the
1-25     department.  The notice must include the date of the revocation or
1-26     prohibition order, the reason for the revocation or prohibition,
1-27     and a statement that the person has the right to request [demand]
1-28     in writing that a hearing be held on the revocation or prohibition.
1-29     Notice is considered received on the fifth day after the date the
1-30     notice is mailed.  A revocation or prohibition under Subsection (e)
1-31     or (f) takes [may not take] effect on [before] the 30th [28th] day
1-32     after the date the notice is mailed [person receives notice by
1-33     certified mail or the 31st day after the date the director sends
1-34     the notice by certified mail if the person has not accepted
1-35     delivery of the notice].  The person may request a [must demand
1-36     the] hearing not later than the 20th day after the date the notice
1-37     is mailed [person receives notice by certified mail or the 23rd day
1-38     after the date the director sends the notice by certified mail if
1-39     the person has not accepted delivery of the notice].  If the
1-40     department receives a request [demand] under this subsection, the
1-41     department shall set the hearing for  the earliest practical time
1-42     and the revocation or prohibition does not take effect until
1-43     resolution of the hearing.
1-44           SECTION 3.  Section 522.071(c), Transportation Code, is
1-45     amended to read as follows:
1-46           (c)  Except as provided by Subsection (b), it is an
1-47     affirmative defense to prosecution of an offense under this section
1-48     that the person had not received notice of a denial,
1-49     disqualification, prohibition order, or out-of-service order
1-50     concerning the person's driver's license, permit, or privilege to
1-51     operate a motor vehicle.  For  purposes of this subsection, notice
1-52     is presumed if the notice was sent by first class [certified] mail
1-53     to the last known address of the person as shown by the records of
1-54     the department or licensing authority of  another state.
1-55           SECTION 4.  Section 524.013(a), Transportation Code, is
1-56     amended to read as follows:
1-57           (a)  If the department suspends a person's driver's license,
1-58     the department shall send a notice of suspension by first class
1-59     [certified] mail to the person's address:
1-60                 (1)  in the records of the department; or [and]
1-61                 (2)  in the peace officer's report if it is different
1-62     from the address in the department's records.
1-63           SECTION 5.  Section 724.033(a), Transportation Code, is
1-64     amended to read as follows:
 2-1           (a)  On receipt of a report of a peace officer under Section
 2-2     724.032, if the officer did not serve notice of suspension or
 2-3     denial of a license at the time of refusal to submit to the taking
 2-4     of a specimen, the department shall mail notice of suspension or
 2-5     denial, by first class [certified] mail, to the address of the
 2-6     person shown by the  records of the department or [and] to the
 2-7     address given in the peace officer's report, if different.
 2-8           SECTION 6.  Section 601.156(c), Transportation Code, is
 2-9     amended to read as follows:
2-10           (c)  The department shall summon the person requesting the
2-11     hearing to appear at the hearing.  Notice under this subsection
2-12     shall be delivered through personal service or mailed by first
2-13     class [certified] mail[, return receipt requested,]  to the
2-14     person's last known address, as shown by the department's records.
2-15     The notice must include written charges issued by the department.
2-16            SECTION 7.  Section 106.115(e), Alcoholic Beverage Code, is
2-17     amended to read as follows:
2-18           (e)  The Department of Public Safety shall send notice of the
2-19     suspension or prohibition order issued under Subsection (d) by
2-20     first class [certified] mail[, return receipt requested,] to the
2-21     defendant.  The notice must include the date of the suspension or
2-22     prohibition order, the reason for the suspension or prohibition,
2-23     and the period covered by the suspension or prohibition.
2-24           SECTION 8.  Section 161.254(b), Health and Safety Code, is
2-25     amended to read as follows:
2-26           (b)  The Department of Public Safety shall send to the
2-27     defendant notice of court action under Subsection (a)  by first
2-28     class [certified] mail[, return receipt requested].  The notice
2-29     must include the date of the order and the reason for the order and
2-30     must specify the period of the suspension or denial.
2-31           SECTION 9.  Section 521.295, Transportation Code, is
2-32     repealed.
2-33           SECTION 10.  (a) This Act takes effect September 1, 1999.
2-34           (b)  The change in law made by this Act applies only to a
2-35     notice mailed on or after the effective date of this Act.  A notice
2-36     mailed before the effective date of this Act is covered by the law
2-37     in effect when the notice was mailed, and the former law is
2-38     continued in effect for that purpose.
2-39           SECTION 11.  The importance of this legislation and the
2-40     crowded condition of the calendars in both houses create an
2-41     emergency and an imperative public necessity that the
2-42     constitutional rule requiring bills to be read on three several
2-43     days in each house be suspended, and this rule is hereby suspended.
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