SRC-C.S.S.B. 148 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 148
77R7130 DWS-FBy: Shapiro
Jurisprudence
2/20/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, foreign diplomats drive with licenses issued by the U.S.
Department of State.  When traffic violations occur, diplomatic license
holders are responsible for civil fines, but are immune to state license
restrictions.  C.S.S.B. 148 requires all traffic violations or incidents
involving persons with diplomatic or consular immunity to be reported to
the Bureau of Diplomatic Security Office of Foreign Missions at the U.S.
Department of State. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 543A, Transportation Code, by adding Section
543.011, as follows: 

Sec. 543.011. PERSON LICENSED BY STATE DEPARTMENT OR CLAIMING DIPLOMATIC OR
CONSULAR IMMUNITY.  Sets forth the persons that are affected by this
section.  Requires that a peace officer record all relevant information
from any driver's license, identification card, or any statement made by
the person relating to immunities or privileges and promptly deliver the
record to the peace officer's law enforcement agency.  Requires the law
enforcement agency to contact the U.S. Department of State, as soon as
practicable, to verify the person's status and immunity, and send certain
information regarding the stop or issuance of the notice to appear to the
Bureau of Diplomatic Security Office of Foreign Missions of the U.S.
Department of State (bureau) not later than five working days after the
date of the incident.  Sets forth the information that must be sent to the
bureau.  Provides that this section does not affect application of a law
described by this section to a person to whom this section applies. 

SECTION 2. Effective date: September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Differs from original by adding "consular" immunity to
diplomatic immunity, regarding persons affected by this Act.  Substitutes
language regarding "arrest" with "issuance of notice to appear."