Texas 2017 - 85th Regular

Texas House Bill HB3376 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3376
	1	+	By: Holland, et al. (Senate Sponsor - Perry) H.B. No. 3376
	2	+	(In the Senate - Received from the House May 10, 2017;
	3	+	May 10, 2017, read first time and referred to Committee on
	4	+	Transportation; May 17, 2017, reported favorably by the following
	5	+	vote: Yeas 9, Nays 0; May 17, 2017, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to forms of notice that may be provided by the Department
6	12		of Public Safety during certain enforcement proceedings and
7	13		actions.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Section 521.2465, Transportation Code, is
10	16		amended by adding Subsection (a-1) to read as follows:
11	17		(a-1) The notice provided to the person by the department
12	18		under Subsection (a) may be provided by:
13	19		(1) first class mail; or
14	20		(2) e-mail if the person has provided an e-mail
15	21		address to the department and has elected to receive notice
16	22		electronically.
17	23		SECTION 2. Section 521.295, Transportation Code, is amended
18	24		to read as follows:
19	25		Sec. 521.295. NOTICE OF DEPARTMENT'S DETERMINATION. (a) If
20	26		the department suspends a person's license under Section 521.292 or
21	27		revokes a person's license under Section 521.294, the department
22	28		shall send a notice of suspension or revocation by:
23	29		(1) first class mail to the person's address in the
24	30		records of the department; or
25	31		(2) e-mail if the person has provided an e-mail
26	32		address to the department and has elected to receive notice
27	33		electronically.
28	34		(b) Notice is considered received on the fifth day after the
29	35		date the notice is sent [mailed].
30	36		SECTION 3. Section 521.344, Transportation Code, is amended
31	37		by amending Subsection (g) and adding Subsection (g-1) to read as
32	38		follows:
33	39		(g) A revocation, suspension, or prohibition order under
34	40		Subsection (e) or (f) remains in effect until the department
35	41		receives notice of successful completion of the educational
36	42		program. The director shall promptly send notice of a revocation or
37	43		prohibition order issued under Subsection (e) or (f) by:
38	44		(1) first class mail to the person at the person's most
39	45		recent address as shown in the records of the department; or
40	46		(2) e-mail if the person has provided an e-mail
41	47		address to the department and has elected to receive notice
42	48		electronically.
43	49		(g-1) The notice provided under Subsection (g) must include
44	50		the date of the revocation or prohibition order, the reason for the
45	51		revocation or prohibition, and a statement that the person has the
46	52		right to request in writing that a hearing be held on the revocation
47	53		or prohibition. Notice is considered received on the fifth day
48	54		after the date the notice is sent [mailed]. A revocation or
49	55		prohibition under Subsection (e) or (f) takes effect on the 30th day
50	56		after the date the notice is sent [mailed]. The person may request a
51	57		hearing not later than the 20th day after the date the notice is
52	58		sent [mailed]. If the department receives a request under this
53	59		subsection, the department shall set the hearing for the earliest
54	60		practical time and the revocation or prohibition does not take
55	61		effect until resolution of the hearing.
56	62		SECTION 4. Section 521.457(d), Transportation Code, is
57	63		amended to read as follows:
58	64		(d) Except as provided by Subsection (c), it is an
59	65		affirmative defense to prosecution of an offense, other than an
60	66		offense under Section 521.341, that the person did not receive
61	67		actual notice of a cancellation, suspension, revocation, or
62	68		prohibition order relating to the person's license. For purposes
63	69		of this section, actual notice is presumed if the notice was sent
64	70		[mailed] in accordance with law.
65	71		SECTION 5. Section 601.124, Transportation Code, is amended
66	72		by amending Subsection (d) and adding Subsection (e) to read as
67	73		follows:
68	74		(d) The department for cause may cancel a certificate of
69	75		self-insurance after a hearing. [The self-insurer must receive at
70	76		least five days' notice of the hearing.] Cause includes failure to
71	77		pay a judgment before the 31st day after the date the judgment
72	78		becomes final.
73	79		(e) A self-insurer must receive at least five days' notice
74	80		of a hearing held under Subsection (d). The department shall send
75	81		notice of the hearing to the self-insurer by:
76	82		(1) first class mail; or
77	83		(2) e-mail if the self-insurer has provided an e-mail
78	84		address to the department and has elected to receive notice
79	85		electronically.
80	86		SECTION 6. Section 601.155, Transportation Code, is amended
81	87		to read as follows:
82	88		Sec. 601.155. NOTICE OF DETERMINATION. (a) The department
83	89		shall notify the affected person of a determination made under
84	90		Section 601.154 by:
85	91		(1) personal service;
86	92		(2) first class mail; or
87	93		(3) e-mail if the person has provided an e-mail
88	94		address to the department and has elected to receive notice
89	95		electronically.
90	96		(b) The notice must state that:
91	97		(1) the person's driver's license and vehicle
92	98		registration or the person's nonresident's operating privilege will
93	99		be suspended unless the person, not later than the 20th day after
94	100		the date the notice was personally served or sent [mailed],
95	101		establishes that:
96	102		(A) this subchapter does not apply to the person,
97	103		and the person has previously provided this information to the
98	104		department; or
99	105		(B) there is no reasonable probability that a
100	106		judgment will be rendered against the person as a result of the
101	107		accident; and
102	108		(2) the person is entitled to a hearing under this
103	109		subchapter if a written request for a hearing is delivered or mailed
104	110		to the department not later than the 20th day after the date the
105	111		notice was personally served or sent [mailed].
106	112		(c) Notice under this section that is mailed by first class
107	113		mail must be mailed to the person's last known address, as shown by
108	114		the department's records.
109	115		(d) For purposes of this section, notice is presumed to be
110	116		received if the notice was sent [mailed] to the person's last known
111	117		address or e-mail address, as shown by the department's records.
112	118		SECTION 7. Section 601.156(c), Transportation Code, is
113	119		amended to read as follows:
114	120		(c) The department shall summon the person requesting the
115	121		hearing to appear at the hearing. Notice under this subsection:
116	122		(1) shall be:
117	123		(A) delivered through personal service;
118	124		(B) [or] mailed by first class mail to the
119	125		person's last known address, as shown by the department's records;
120	126		or
121	127		(C) sent by e-mail if the person has provided an
122	128		e-mail address to the department and has elected to receive notice
123	129		electronically; and
124	130		(2) [. The notice] must include written charges issued
125	131		by the department.
126	132		SECTION 8. Section 601.159, Transportation Code, is amended
127	133		to read as follows:
128	134		Sec. 601.159. PROCEDURES FOR SUSPENSION OF DRIVER'S LICENSE
129	135		AND VEHICLE REGISTRATION OR PRIVILEGE. The department shall suspend
130	136		the driver's license and each vehicle registration of an owner or
131	137		operator or the nonresident's operating privilege of an owner or
132	138		operator unless:
133	139		(1) if a hearing is not requested, the person, not
134	140		later than the 20th day after the date the notice under Section
135	141		601.155 was personally served or sent [mailed]:
136	142		(A) delivers or mails to the department a written
137	143		request for a hearing;
138	144		(B) shows that this subchapter does not apply to
139	145		the person; or
140	146		(C) complies with Section 601.153; or
141	147		(2) the person complies with Section 601.153 not later
142	148		than the 20th day after:
143	149		(A) the date of the expiration of the period in
144	150		which an appeal may be brought, if the determination at a hearing is
145	151		rendered against the owner or operator and the owner or operator
146	152		does not appeal; or
147	153		(B) the date of a decision against the person
148	154		following the appeal.
149	155		SECTION 9. Section 601.161, Transportation Code, is amended
150	156		to read as follows:
151	157		Sec. 601.161. NOTICE OF SUSPENSION. Not later than the 11th
152	158		day before the effective date of a suspension under Section
153	159		601.159, the department shall send notice of the suspension to each
154	160		affected owner or operator. The department shall send the notice by
155	161		first class mail or by e-mail to any owner or operator who has
156	162		provided an e-mail address to the department and who has elected to
157	163		receive notice electronically. The notice must state the amount
158	164		required as security under Section 601.153 and the necessity for
159	165		the owner or operator to file evidence of financial responsibility
160	166		with the department.
161	167		SECTION 10. Section 601.232(a), Transportation Code, is
162	168		amended to read as follows:
163	169		(a) The department shall send [mail] in a timely manner a
164	170		notice to each person whose driver's license and vehicle
165	171		registrations are suspended under Section 601.231.
166	172		SECTION 11. Section 601.371(b), Transportation Code, is
167	173		amended to read as follows:
168	174		(b) It is an affirmative defense to prosecution under this
169	175		section that the person had not received notice of a suspension
170	176		order concerning the person's vehicle registration. For purposes
171	177		of this subsection, notice is presumed to be received if the notice
172	178		was sent [mailed] in accordance with this chapter to the last known
173	179		address or e-mail address of the person as shown by department
174	180		records.
175	181		SECTION 12. Section 601.372, Transportation Code, is
176	182		amended by amending Subsections (b) and (d) and adding Subsection
177	183		(b-1) to read as follows:
178	184		(b) The notice must be provided by:
179	185		(1) personal delivery to the person;
180	186		(2) [or by] deposit in the United States mail
181	187		addressed to the person at the last address supplied to the
182	188		department by the person; or
183	189		(3) e-mail if the person has provided an e-mail
184	190		address to the department and has elected to receive notice
185	191		electronically.
186	192		(b-1) Notice provided under Subsection (b) by mail or e-mail
187	193		is presumed to be received on the 10th day after the date the notice
188	194		is sent [mailed].
189	195		(d) Proof of the notice may be made by the certificate of a
190	196		department employee stating that:
191	197		(1) the notice was prepared in the regular course of
192	198		business and placed in the United States mail or sent by e-mail as
193	199		part of the regular organized activity of the department; or
194	200		(2) the employee delivered the notice in person.
195	201		SECTION 13. Section 708.055, Transportation Code, is
196	202		amended to read as follows:
197	203		Sec. 708.055. NOTICE OF ASSIGNMENT OF FIFTH POINT. The
198	204		department shall notify the holder of a driver's license of the
199	205		assignment of a fifth point on that license by:
200	206		(1) first class mail sent to the person's most recent
201	207		address as shown on the records of the department; or
202	208		(2) e-mail if the person has provided an e-mail
203	209		address to the department and has elected to receive notice
204	210		electronically.
205	211		SECTION 14. Section 708.151(a), Transportation Code, is
206	212		amended to read as follows:
207	213		(a) The department shall send notices as required by
208	214		Subsection (b) to the holder of a driver's license when a surcharge
209	215		is assessed on that license. Each notice must:
210	216		(1) be sent by:
211	217		(A) first class mail to the person's most recent
212	218		address as shown on the records of the department or to the person's
213	219		most recent forwarding address on record with the United States
214	220		Postal Service if it is different; or
215	221		(B) e-mail if the person has provided an e-mail
216	222		address to the department and has elected to receive notice
217	223		electronically;
218	224		(2) specify the date by which the surcharge must be
219	225		paid;
220	226		(3) state the total dollar amount of the surcharge
221	227		that must be paid, the number of monthly payments required under an
222	228		installment payment plan, and the minimum monthly payment required
223	229		for a person to enter and maintain an installment payment plan with
224	230		the department; and
225	231		(4) state the consequences of a failure to pay the
226	232		surcharge.
227	233		SECTION 15. This Act takes effect September 1, 2017.
228		-	______________________________ ______________________________
229		-	President of the Senate Speaker of the House
230		-	I certify that H.B. No. 3376 was passed by the House on May 9,
231		-	2017, by the following vote: Yeas 131, Nays 1, 1 present, not
232		-	voting.
233		-	______________________________
234		-	Chief Clerk of the House
235		-	I certify that H.B. No. 3376 was passed by the Senate on May
236		-	24, 2017, by the following vote: Yeas 31, Nays 0.
237		-	______________________________
238		-	Secretary of the Senate
239		-	APPROVED: _____________________
240		-	Date
241		-	_____________________
242		-	Governor
	234	+	* * * * *