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.
2-44 * * * * *