81R11632 CAE-D

By: Seliger S.B. No. 1594

A BILL TO BE ENTITLED

AN ACT

relating to suspension of a driver's license for failure to pay a civil penalty imposed by the Texas Ethics Commission; providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 571, Government Code, is amended by adding Subchapter H to read as follows:

SUBCHAPTER H. SUSPENSION OF DRIVER'S LICENSE FOR FAILURE TO PAY

CIVIL PENALTY

Sec. 571.251. DEFINITIONS. In this subchapter:

(1) "Department" means the Department of Public Safety.

(2) "Driver's license" has the meaning assigned by Section 521.001, Transportation Code.

(3) "Order suspending a driver's license" means an order issued by a court directing the department to suspend or refuse to renew a driver's license.

Sec. 571.252. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to an individual against whom the commission has imposed a civil penalty in connection with the individual's candidacy for or holding of a public office.

Sec. 571.253. SUSPENSION OR DENIAL OF DRIVER'S LICENSE. The suspension or denial of a driver's license under this subchapter is governed by this subchapter and not by the general licensing provisions of Chapter 521, Transportation Code.

Sec. 571.254. SUSPENSION OF DRIVER'S LICENSE. A court may issue an order suspending a driver's license as provided by this subchapter if an individual fails to pay a civil penalty imposed by the commission within one year from the date the penalty was imposed.

Sec. 571.255. PETITION FOR SUSPENSION OF DRIVER'S LICENSE. The attorney general may, and on request of the commission shall, file a petition in district court to suspend, as provided by this subchapter, the driver's license of an individual who has failed to pay a civil penalty imposed by the commission within one year from the date the penalty was imposed.

Sec. 571.256. CONTENTS OF PETITION. A petition under this subchapter must state that the driver's license suspension is allowed under Section 571.254 and allege:

(1) the name and, if known, social security number of the individual;

(2) the class of the driver's license and, if known, the driver's license number; and

(3) the amount of the unpaid civil penalty.

Sec. 571.257. NOTICE. (a) On the filing of a petition under Section 571.255, the clerk of the court shall deliver to the individual notice of:

(1) the individual's right to a hearing before the court; and

(2) the deadline for requesting a hearing.

(b) Notice under this section may be served:

(1) by mailing a copy of the notice to the individual, together with a copy of the petition, by first class mail to the last mailing address of the individual on file with the commission; or

(2) as in civil cases generally.

(c) The notice must contain the following prominently displayed statement in boldfaced type, in capital letters, or underlined:

"AN ACTION TO SUSPEND A DRIVER'S LICENSE ISSUED TO YOU HAS BEEN FILED AS PROVIDED BY SUBCHAPTER H, CHAPTER 571, GOVERNMENT CODE. YOU MAY EMPLOY AN ATTORNEY TO REPRESENT YOU IN THIS ACTION. IF YOU OR YOUR ATTORNEY DO NOT REQUEST A HEARING BEFORE THE 21ST DAY AFTER THE DATE OF SERVICE OF THIS NOTICE, AN ORDER SUSPENDING YOUR DRIVER'S LICENSE MAY BE RENDERED."

Sec. 571.258. HEARING ON PETITION TO SUSPEND DRIVER'S LICENSE. (a) A request for a hearing must be filed with the court by the individual not later than the 20th day after the date of service of the notice under Section 571.257.

(b) If a request for a hearing is filed, the court shall:

(1) promptly schedule a hearing;

(2) notify each party of the date, time, and location of the hearing; and

(3) stay suspension pending the hearing.

Sec. 571.259. ORDER SUSPENDING DRIVER'S LICENSE. (a) On making the findings required by Section 571.254, the court shall issue an order suspending the driver's license unless the individual:

(1) proves that the penalty has been paid; or

(2) shows good cause for failure to comply with the penalty.

(b) The court may stay an order suspending a driver's license conditioned on the individual's compliance with a reasonable payment schedule that is incorporated in the order.

(c) An order suspending a driver's license with a stay of the suspension may not be served on the department unless the stay is revoked as provided by this subchapter.

(d) The final order suspending the driver's license issued by the court shall be forwarded to the department by the clerk of the court. The clerk shall collect from the individual a fee of $5 for each order mailed.

(e) If the court finds that the petition for suspension should be denied, the court shall dismiss the petition without prejudice and may not issue an order suspending the driver's license.

Sec. 571.260. DEFAULT ORDER. The court shall consider the allegations of the petition for suspension to be admitted and shall issue an order suspending the driver's license of an individual without the requirement of a hearing if the court determines that the individual failed to respond to a notice issued under Section 571.257 by:

(1) requesting a hearing; or

(2) appearing at a scheduled hearing.

Sec. 571.261. ACTION BY DEPARTMENT. (a) On receipt of a final order suspending a driver's license, the department shall immediately determine if the department has issued a driver's license to the individual named on the order and, if a driver's license has been issued:

(1) record the suspension of the driver's license in the department's records;

(2) report the suspension as appropriate; and

(3) demand surrender of the suspended driver's license.

(b) The department shall implement the terms of a final order suspending a driver's license without additional review or hearing. The department may provide notice as appropriate to the driver's license holder.

(c) The department may not modify, remand, reverse, vacate, or stay an order issued under this subchapter suspending a driver's license and may not review, vacate, or reconsider the terms of a final order suspending a driver's license.

(d) The department is exempt from liability to a driver's license holder for any act authorized under this subchapter performed by the department.

(e) Except as provided by this subchapter, an order suspending a driver's license or dismissing a petition for the suspension of a driver's license does not affect the power of the department to grant, deny, suspend, revoke, terminate, or renew a driver's license.

Sec. 571.262. EFFECT OF SUSPENSION. (a) An individual who continues to drive a motor vehicle after the implementation by the department of the order suspending the individual's driver's license is liable for the same civil and criminal penalties provided for driving a motor vehicle without a license or while a license is suspended that apply to any other driver's license holder.

(b) An individual who is the subject of a final order suspending a driver's license is not entitled to a refund for any fee paid to the department.

Sec. 571.263. MOTION TO REVOKE STAY. (a) The attorney general may file a motion to revoke the stay of an order suspending a driver's license if the individual who is the subject of the order does not comply with the terms of a reasonable payment plan entered into by the individual.

(b) Notice to the individual of a motion to revoke stay under this section may be given by personal service or by mail to the address provided by the individual, if any, in the order suspending the driver's license. The notice must include a notice of hearing. The notice must be provided to the individual not less than 10 days before the date of the hearing.

(c) A motion to revoke stay must allege the manner in which the individual failed to comply with the payment plan.

(d) If the court finds that the individual is not in compliance with the terms of the payment plan, the court shall revoke the stay of the order suspending the driver's license and issue a final order suspending the driver's license.

Sec. 571.264. VACATING OR STAYING ORDER SUSPENDING DRIVER'S LICENSE. (a) The court may issue an order vacating or staying an order suspending an individual's driver's license if:

(1) the individual has paid the civil penalty; or

(2) the court determines that good cause exists for vacating or staying the order.

(b) The clerk of the court shall promptly deliver an order vacating or staying an order suspending a driver's license to the department. The clerk shall collect from the individual a fee of $5 for each order mailed.

(c) On receipt of an order vacating or staying an order suspending a driver's license, the department shall promptly issue the driver's license to the individual if the individual is otherwise qualified for the driver's license.

(d) An order issued under this section does not affect the right of the attorney general to any other remedy provided by law, including the right to seek relief under this subchapter. An order issued under this section does not affect the power of the department to grant, deny, suspend, revoke, terminate, or renew a driver's license as otherwise provided by law.

Sec. 571.265. DENIAL OF DRIVER'S LICENSE RENEWAL. (a) The attorney general may provide notice to the department that requests the department to refuse to accept an application for renewal of the driver's license of an individual who has failed to pay a civil penalty imposed by the commission within one year from the date the penalty was imposed.

(b) The department shall refuse to accept an application for renewal of the driver's license of the individual until the department is notified by the attorney general that the individual has:

(1) established with the attorney general a satisfactory payment schedule; or

(2) successfully contested the denial of renewal of the driver's license under Subsection (d).

(c) On providing the department with the notice described by Subsection (a), the attorney general shall send a copy to the individual by first class mail and inform the individual of the steps the individual must take to permit the department to accept the individual's application for driver's license renewal.

(d) An individual receiving notice under Subsection (c) may request a review by the commission to resolve any issue in dispute regarding the identity of the individual or the existence of a civil penalty. The commission shall promptly provide an opportunity for a review, either by telephone or in person, as appropriate to the circumstances. After the review, if appropriate, the commission may notify the attorney general and the department that it may accept the individual's application for renewal of the driver's license. If the commission and the individual fail to resolve any issue in dispute, the individual, not later than the 30th day after the date of receiving notice of the commission's determination from the review, may file a motion in district court to direct the attorney general to withdraw the notice under Subsection (a) and may request a hearing on the motion. The individual's application for driver's license renewal may not be accepted by the department until the court rules on the motion.

(e) If an individual enters into a payment agreement with the attorney general under this section, the attorney general may incorporate the agreement in an order to be filed with and confirmed by the court.

Sec. 571.266. FEE BY DEPARTMENT. The department may charge a fee to an individual who is the subject of an order suspending a driver's license or an action under Section 571.264 to deny renewal of the driver's license in an amount sufficient to recover the administrative costs incurred by the department under this subchapter.

Sec. 571.267. COOPERATION BETWEEN DEPARTMENT AND ATTORNEY GENERAL. (a) The attorney general may request from the department the name, address, social security number, license renewal date, and other identifying information for each individual who holds, applies for, or renews a driver's license.

(b) The department shall provide the requested information in the form and manner identified by the attorney general.

(c) The attorney general may enter into a cooperative agreement with the department to administer this subchapter in a cost-effective manner.

(d) The attorney general may adopt a reasonable implementation schedule for the requirements of this section.

Sec. 571.268. RULES, FORMS, AND PROCEDURES. The commission and attorney general by rule shall prescribe forms and procedures for the implementation of this subchapter.

SECTION 2. Subchapter C, Chapter 521, Transportation Code, is amended by adding Section 521.0446 to read as follows:

Sec. 521.0446. NOTICE REGARDING SUSPENSION OF LICENSE FOR TEXAS ETHICS COMMISSION CIVIL PENALTY. The department shall include in each notice sent to a driver's license holder a statement advising a holder who owes a civil penalty to the Texas Ethics Commission to make satisfactory arrangements to pay the civil penalty and that failure to make satisfactory arrangements may result in the commencement of procedures to suspend the holder's driver's license.

SECTION 3. The change in law made by Subchapter H, Chapter 571, Government Code, as added by this Act, applies only to a civil penalty imposed by the Texas Ethics Commission on or after the effective date of this Act. A civil penalty imposed before the effective date of this Act is covered by the law in effect when the penalty was imposed, and the former law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2009.