SRC-JBJ C.S.S.B. 671 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 671
By: Jackson
Criminal Justice
3/1/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

During the 76th Legislature, the requirement that the Texas Department of
Public Safety demand surrender of suspended and revoked driver's licenses
was removed, while the misdemeanor offense for the possession of a
suspended, revoked, or canceled licensed remained, creating a seeming
inconsistency.  C.S.S.B. 671 provides that a person commits a Class B
misdemeanor if the person fails or refuses to surrender a license as
demanded by the Texas Department of Public Safety. 
      
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 Section 521.315, Transportation Code, as follows:

(a)  Authorizes the Texas Department of Public Safety (department), on the
suspension, cancellation, disqualification, or revocation of a license by
the department, to require the holder to surrender the license to the
department.   

(c)  Provides that a person commits an offense if the person's license has
been demanded in accordance with Subsection (a) and the person fails or
refuses to surrender the license to the department.   

 (d)  Provides that an offense under this section is a Class B misdemeanor.

SECTION 2.  Amends Section 521.451, Transportation Code, to delete existing
text pertaining to the possession of a canceled, revoked, or suspended
license or certificate.  Deletes existing text pertaining to failure or
refusal to surrender a license or certificate. 

SECTION 3.  Effective date: September 1, 2001.

SUMMARY OF COMMITTEE CHANGES
            
SECTION 1.  Differs from the original by amending language pertaining to
the offense of failing or refusing to surrender a license demanded by the
Texas Department of Public Safety. 

SECTION 2.  Makes nonsubstantive changes.

Adds SECTION 3 to establish an effective date.