Texas House Bill HB3647

Texas 2023 - 88th Regular

• Filed: 3/6/23
• Out of House Committee: 4/6/23
• Voted on by House: 4/20/23
• Out of Senate Committee: 5/10/23
• Voted on by Senate: 5/12/23
• Governor Action: 6/11/23

Caption

Relating to the imposition by the Department of Public Safety of administrative and civil consequences for certain criminal convictions.

Impact

The passage of HB3647 is expected to have a considerable effect on state laws related to the enforcement of traffic and criminal regulations. By limiting the authority of DPS to act on convictions reported after a year, it will potentially reduce the number of drivers losing their licenses due to delayed reporting. This change aims to protect individuals who have not had timely actions taken against them, preventing undue hardships arising from court inefficiencies and administrative delays in reporting convictions to the DPS.

Summary

House Bill 3647 aims to address the imposition of administrative and civil consequences by the Texas Department of Public Safety (DPS) for certain criminal convictions. Specifically, it modifies how DPS can consider convictions when deciding on enforcement actions against driver's licenses. After one year from the date of conviction, the DPS is generally prohibited from considering that conviction unless it pertains to specific offenses involving commercial drivers or hazardous materials. This legislation is significant as it seeks to create a more equitable system that acknowledges the complexities surrounding the reporting of convictions by courts.

Sentiment

The sentiment around HB3647 appears to be largely positive among legislators. Supporters, including the bill's sponsors, argue that it strikes a necessary balance between enforcing public safety regulations and protecting individuals from disproportionate penalties due to circumstances beyond their control. However, there are concerns raised by advocacy groups, including the Civil Liberties Union, regarding potential inequities this legislation might inadvertently perpetuate, suggesting ongoing debates about the efficacy and morality of licensing penalties.

Contention

Notable points of contention surrounding HB3647 include the concerns raised regarding the effectiveness of the proposed changes in preventing injustices within the legal and administrative process. Critics express that while the bill aims to provide relief, it could unintentionally allow certain offenses to go unpunished if timely reporting by courts fails. Additionally, discussions in the committee highlighted the potential exclusions from FDA programs and emphasized the need for clarity in its implementation to ensure it serves its intended purpose without exacerbating legal disparities.

Texas Constitutional Statutes Affected

Transportation Code

• Chapter 521. Driver's Licenses And Certificates
  • Section: 042
  • Section: 042
  • Section: 042
  • Section: 042
  • Section: 042