BILL ANALYSIS

 

 

Senate Research Center

H.B. 4804

89R23315 MZM-F

By: Hefner (Hagenbuch)

 

Transportation

 

5/8/2025

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

During the 2022 Annual Program Review conducted by the Federal Motor Carrier Safety Administration, it was determined that allowing commercial driver's license (CDL) holders to request hearings for disqualification of their commercial driving privileges violates federal regulations. To avoid penalties such as the potential loss of federal highway funds to Texas and decertification of the state's CDL program, legislative amendments are required to eliminate the hearing process specifically for CDL disqualifications.

 

The 88th Legislature passed S.B. 1518 and established the Terrorist Offender Registry under Article 65 of the Texas Code of Criminal Procedure. This article mirrored Article 62 of the Code of Criminal Procedure for the Sex Offender Registry. However, there was one statute in Texas Transportation Code, Chapter 521, that was not amended.

 

H.B. 4804 consists of two key components: the removal of the hearing process for CDL holders facing administrative enforcement actions in compliance with Federal Motor Carrier Safety Administration (FMCSA) regulations and creates authorization of revocation authority for the Terrorist Offender Registry.

 

Section 521.348 authorizes the department to revoke a driver's license or identification card for a person who fails to comply with the sex offender issuance requirements. The committee substitute for H.B. 4804 would update this list to include terrorist offender issuance requirements and includes the identification language.

 

H.B. 4804 amends current law relating to the revocation of a driver's license or personal identification certificate and to disqualification from operating a commercial motor vehicle.

 

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 521.101(h), Transportation Code, as follows:

 

(h) Requires the Department of Public Safety of the State of Texas (DPS) to automatically revoke each personal identification issued by DPS to a person who is subject to the registration requirements of Chapter 62 (Sex Offender Registration Program) or 65 (Terrorist Offender Registration Program), Code of Criminal Procedure, and fails to apply to DPS for renewal of the personal identification certificate as required by certain articles of the Code of Criminal Procedure, including Article 65.058 (Requirements Relating to Driver's License or Personal Identification Certificate), as applicable. Makes nonsubstantive changes.

 

SECTION 2. Amends the heading to Section 521.348, Transportation Code, to read as follows:

 

Sec. 521.348. AUTOMATIC REVOCATION FOR CERTAIN SEX OFFENDERS AND TERRORISTS.

 

SECTION 3. Amends Section 521.348(a), Transportation Code, to make conforming changes.

 

SECTION 4. Repealers: Sections 521.297(b) (relating to providing that a license disqualification takes effect on the 40th day after the date the person is considered to have received notice) and 522.087(b) (relating to providing that disqualifying a person is subject to certain notice and hearing procedures), Transportation Code.

 

SECTION 5. Effective date: September 1, 2025.