SRC-AMY, MSY S.B. 191 78(R)        BILL ANALYSIS


Senate Research Center   S.B. 191
78R2609 JD-FBy: Carona
Intergovernmental Relations
2/4/2003
As Filed


DIGEST AND PURPOSE 


Currently, the Administrative License Revocation (ALR) program requires
the Texas Department of Transportation (DPS) to provide a technical
supervisor for ALR hearings in driving while intoxicated (DWI) cases. The
ALR program provides for the administrative suspension of driver's
licenses for those arrested for DWI. Counties that maintain certified
breath alcohol testing programs often provide the technical supervisor for
such hearings, but there is no provision to allow counties to recover that
cost. The Transportation Code currently sets the fee for reinstatement or
issuance of a license after suspension for a DWI offense at $125. As
proposed, S.B. 191 would increase the fee required from $125 to $140.
Fifteen dollars of the increased fee would be earmarked to defray the cost
of a certified technical supervisor's services used to enforce Texas' ALR
program and would be remitted only to those counties that maintain
certified breath alcohol testing programs. 

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 524.051, Transportation Code, by amending
Subsection (a) and adding Subsection (c), as follows:  

(a) Requires a person whose driver's license is suspended under this
section to pay a fee of $140, rather than $125, in order to have the
license reinstated. 

(c) Provides that, if the arresting officer was an officer of a county
with a breath alcohol testing program that does not use one of the
department's certified technical supervisors,  the department must remit
$15 of the fee to that county's treasurer to be used to defray the costs
of the county's certified technical supervisor services. 

SECTION 2.  Effective date: September 1, 2003.
Makes application of this act prospective.