By Kuempel H.B. No. 2032
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 surrender of suspended driver licenses and vehicle
1-3 registration.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 521.308, Transportation Code, is amended
1-6 to read as follows:
1-7 Sec. 521.308. Surrender of License; Return. (a) On the
1-8 suspension or revocation of a license by the department, the
1-9 department [shall] may require the holder to surrender the license
1-10 to the department.
1-11 (b) The department [shall] may return a suspended license to
1-12 the holder on the expiration of the suspension period.
1-13 SECTION 2.
1-14 Sec. 601.372. Return of Driver's License and Vehicle
1-15 Registration to Department. (a) The department shall give written
1-16 notice of a suspension of a driver's license and vehicle
1-17 registration to a person who is required to maintain a motor
1-18 vehicle liability insurance policy or bond under this chapter and
1-19 whose policy or bond is canceled or terminated or who does not
1-20 provide other evidence of financial responsibility on the request
1-21 of the department.
2-1 (b) The notice must be by personal delivery to the person or
2-2 by deposit in the United States mail addressed to the person at the
2-3 last address supplied to the department by the person. Notice by
2-4 mail is presumed to be received on the 10th day after the date the
2-5 notice is mailed.
2-6 (a) The person [shall] may be required by the department to
2-7 send the person's driver's license and vehicle registrations not
2-8 later than the 10th day after the date the person receives written
2-9 notice from the department.
2-10 (b) Proof of the notice may be made by the certificate of a
2-11 department employee stating that:
2-12 (1) the notice was prepared in the regular course of
2-13 business and placed in the United States mail as part of the
2-14 regular organized activity of the department; or
2-15 (2) the employee delivered the notice in person.
2-16 (c) A certificate under Subsection (d)(2) must specify the
2-17 name of the person to whom the notice was given and the time,
2-18 place, and manner of the delivery of the notice
2-19 SECTION 3.
2-20 Sec. 601.373. Failure to Return Driver's License or Vehicle
2-21 Registration; Offense. (a) A person commits an offense if the
2-22 person wilfully fails to send a driver's license or vehicle
2-23 registration as required by Section 601.372. An offense under this
2-24 subsection is a misdemeanor punishable by a fine not to exceed
2-25 $200.
3-1 [(b)] The department [shall] may direct a department
3-2 employee to obtain and send to the department the driver's license
3-3 and vehicle registration of a person who fails to send the person's
3-4 license or registration in accordance with Section 601.372. The
3-5 director of the department or the person designated by the director
3-6 may file a complaint against a person for an offense under
3-7 Subsection (a).
3-8 SECTION 4. This Act takes effect September 1, 1999.
3-9 SECTION 5. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three consecutive
3-13 days in each house be suspended, and this rule is hereby suspended,
3-14 and that this Act take effect and be in force from and after its
3-15 passage, and it is so enacted.