SRC-BWC H.B. 1762 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1762
By: Green (Armbrister)
Criminal Justice
5/6/2001
Engrossed


DIGEST AND PURPOSE 

Current law authorizes the Department of Public Safety (DPS) to adopt rules
to allow driver's license or personal identification card applicants to pay
certain fees by mail, telephone, Internet, or electric transaction (other
means) in an effort to minimize the wait in driver's license offices and
reduce the inconvenience to the public.  However, the current statute may
be too specific to allow other transactions.  H.B. 1762 authorizes the
expansion of DPS's e-commerce business process to allow persons to apply
for duplicate driver's licenses and submit requests for information by
other means.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Department of Public
Safety in SECTION 1 (Section 521.0485, Transportation Code), SECTION 2
(Section 521.146, Transportation Code), and SECTION 3 (411.0135, Government
Code) in this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 521C, Transportation Code, by adding Section
521.0485, as follows: 

Sec. 521.0485.  REQUESTS FOR INFORMATION BY MAIL OR ELECTRONIC MEANS.
Authorizes the Department of Public Safety (department) by rule to provide
that the holder of a driver's license issued by the department may submit a
request for information under Sections 521.045-521.048 by mail, by
telephone, over the Internet, or by other electronic means.  Provides that
a rule adopted under this section is authorized to prescribe eligibility
standards for release of the requested information, and is prohibited from
conflicting with any provision of this chapter or another law that relates
to the release of the information by the department. 

SECTION 2.  Amends Section 521.146, Transportation Code, to authorize the
department by rule to provide that the holder of a driver's license or
identification certificate issued by the department may apply for the
insurance of a duplicate license or certificate by mail, by telephone, over
the Internet, or by other electronic means.  Authorizes a rule adopted
under this section to prescribe eligibility standards for issuance of a
duplicate driver's license or identification certificate under this
section. Deletes text that requires an applicant for a duplicate driver's
license or certificate to submit to the department the required fee and
proof satisfactory to the department that the driver's license or
certificate was lost or destroyed. 

SECTION 3.  Amends Chapter 411A, Government Code, by adding Section
411.0135, as follows: 

Sec. 411.0135.  METHOD OF PAYMENT OF FEES AND CHARGES.  Authorizes the
department to adopt rules regarding the method of payment of any fee or
charge that is imposed or collected by the department.  Authorizes the
rules adopted under this section to authorize payment under certain
circumstances prescribed by the department.  Authorizes the department to
require, in addition to the amount of the fee or charge, the payment of a
discount, convenience or service charge for a payment transaction; or a
service charge in connection with  the payment of a payment transaction
that is dishonored or refused for lack of funds or insufficient funds. 

SECTION 4.  Repealer:  Section 521.427 (Method of Payment of Fees),
Transportation Code. 

SECTION 5.  Effective date: September 1, 2001.

 _Provides that the repeal by this Act of Section 521.427, Transportation
Code, does not affect the continuing validity of a rule adopted by the
Department of Public Safety under that section, regardless of the date of
adoption.  Provides that a rule adopted by the Department of Public Safety
under that section continues in effect unless the rule is amended,
repealed, or rescinded by the department.