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


Senate Research CenterC.S.S.B. 191
78R5717 JD-FBy: Carona
Intergovernmental Relations
2/19/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 


Currently, the Administrative License Revocation (ALR) program requires
the Texas Department of Public Safety (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. C.S.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 person was arrested in a county with a breath
alcohol testing program that does not use one of the Department of Public
Safety's (DPS) certified technical supervisors,  DPS 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.  


SUMMARY OF COMMITTEE CHANGES

 SECTION 1. Differs from S.B. 191 as filed, by replacing the qualification
that the arresting officer be from a county with a breath alcohol testing
program that does not use one of the Department of Public Safety's (DPS)
certified technical supervisors, with the qualification that the arrest
take place in a county with a breath alcohol testing program that does not
use one of DPS's certified technical supervisors.