HBA-CMT H.B. 1762 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1762
By: Green
Public Safety
3/29/2001
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Current law authorized the Department of Public Safety (DPS) to adopt rules
during the last legislative session 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 drivers license offices and reduce the inconvenience to the
public.  However, the current statute may be too specific to allow other
transactions.  House Bill 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

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Department of Public Safety in
SECTION 1 (Section 521.0485, Transportation Code), SECTION 2 (Section
521.146, Transportation Code), and SECTION 3 (Section 411.0135, Government)
of this bill. 

ANALYSIS

House Bill 1762 amends the Transportation and Government codes relating to
the release of certain driver's license holder information and the issuance
of duplicate and corrected licenses.  The bill authorizes the Department of
Public Safety (DPS) by rule to provide that the holder of a driver's
license issued by DPS may submit a request for certain information,
including on a violation or accident information of a drivers license
holder by mail, telephone, over the Internet, or by other electronic means.

The bill deletes the requirement that a person applying for a corrected
driver's license or certificate must provide satisfactory proof to DPS that
the driver's license or certificate was lost or destroyed.  The bill
provides that the holder of a driver's license issued by DPS is authorized
to apply for the issuance of a duplicate license by mail, telephone, over
the Internet, or by other electronic means.   

H.B. 1762 also amends the Government Code to authorize DPS to adopt rules
regarding the method of payment of any fee or charge that is imposed or
collected by DPS.  
   
EFFECTIVE DATE

September 1, 2001.

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 provides that the Department of Public Safety
(DPS) may by rule authorize the holder of an identification certificate to
apply for a duplicate certificate by mail, telephone, over the Internet, or
by other electronic means.