BILL ANALYSIS

H.B. 162

By: White

Homeland Security & Public Safety

Committee Report (Unamended)

BACKGROUND AND PURPOSE

It has been suggested that certain statutory criteria that mandate driver's license suspensions and that guide the Department of Public Safety's (DPS) determinations with respect to subsequent extensions of those mandatory suspensions act together to discourage drivers from trying to reinstate their licenses. H.B. 162 seeks to remedy this situation by limiting the circumstances under which certain mandatory suspensions are triggered and by removing certain requirements regarding the determination of applicable extensions by DPS.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 162 amends the Transportation Code to specify that the mandatory suspension of a driver's license by the Department of Public Safety (DPS), upon determination that the license holder has operated a motor vehicle on a highway while the license was suspended, canceled, disqualified, or revoked or has operated a motor vehicle on a highway without such a license after an application for the license was denied, is based on such a suspension, cancellation, disqualification, revocation, or denial that results from a conviction of an offense involving the operation of a motor vehicle while intoxicated. The bill removes the requirement for DPS to extend the period of a mandatory license suspension upon determining that a person has operated a motor vehicle on a highway with a suspended, canceled, disqualified, or revoked license or has operated a motor vehicle on a highway without a license after an application for the license was denied.

EFFECTIVE DATE

September 1, 2019.