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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement that certain persons appear at an |
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administrative hearing regarding the automatic suspension of a |
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person's driver's license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 524.036, Transportation Code, is amended |
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to read as follows: |
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Sec. 524.036. FAILURE TO APPEAR; APPEARANCE OF |
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WITNESSES. (a) A person who requests a hearing and fails to appear |
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without just cause waives the right to a hearing and the |
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department's determination is final. |
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(b) A person, including a peace officer or an expert |
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witness, may not be compelled to appear at a hearing under this |
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subchapter. |
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(c) A person other than a person who requests a hearing |
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under this subchapter, including a peace officer or expert witness, |
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in lieu of appearing at the hearing, may submit an affidavit that |
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sets out the matters the person would testify to at the hearing. |
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(d) The department by rule shall adopt a form for use as an |
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affidavit under Subsection (c). |
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SECTION 2. Sections 524.038(d) and 524.039, Transportation |
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Code, are repealed. |
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SECTION 3. (a) The change in law made by this Act applies |
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only to an offense committed on or after the effective date of this |
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Act. For purposes of this section, an offense is committed before |
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the effective date of this Act if any element of the offense occurs |
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before that date. |
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(b) An offense committed before the effective date of this |
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Act is covered by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |