Bill Text: TX HB3376 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to forms of notice that may be provided by the Department of Public Safety during certain enforcement proceedings and actions.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB3376 Detail]
Download: Texas-2017-HB3376-Enrolled.html
H.B. No. 3376 |
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relating to forms of notice that may be provided by the Department | ||
of Public Safety during certain enforcement proceedings and | ||
actions. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 521.2465, Transportation Code, is | ||
amended by adding Subsection (a-1) to read as follows: | ||
(a-1) The notice provided to the person by the department | ||
under Subsection (a) may be provided by: | ||
(1) first class mail; or | ||
(2) e-mail if the person has provided an e-mail | ||
address to the department and has elected to receive notice | ||
electronically. | ||
SECTION 2. Section 521.295, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 521.295. NOTICE OF DEPARTMENT'S DETERMINATION. (a) If | ||
the department suspends a person's license under Section 521.292 or | ||
revokes a person's license under Section 521.294, the department | ||
shall send a notice of suspension or revocation by: | ||
(1) first class mail to the person's address in the | ||
records of the department; or | ||
(2) e-mail if the person has provided an e-mail | ||
address to the department and has elected to receive notice | ||
electronically. | ||
(b) Notice is considered received on the fifth day after the | ||
date the notice is sent [ |
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SECTION 3. Section 521.344, Transportation Code, is amended | ||
by amending Subsection (g) and adding Subsection (g-1) to read as | ||
follows: | ||
(g) A revocation, suspension, or prohibition order under | ||
Subsection (e) or (f) remains in effect until the department | ||
receives notice of successful completion of the educational | ||
program. The director shall promptly send notice of a revocation or | ||
prohibition order issued under Subsection (e) or (f) by: | ||
(1) first class mail to the person at the person's most | ||
recent address as shown in the records of the department; or | ||
(2) e-mail if the person has provided an e-mail | ||
address to the department and has elected to receive notice | ||
electronically. | ||
(g-1) The notice provided under Subsection (g) must include | ||
the date of the revocation or prohibition order, the reason for the | ||
revocation or prohibition, and a statement that the person has the | ||
right to request in writing that a hearing be held on the revocation | ||
or prohibition. Notice is considered received on the fifth day | ||
after the date the notice is sent [ |
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prohibition under Subsection (e) or (f) takes effect on the 30th day | ||
after the date the notice is sent [ |
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hearing not later than the 20th day after the date the notice is | ||
sent [ |
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subsection, the department shall set the hearing for the earliest | ||
practical time and the revocation or prohibition does not take | ||
effect until resolution of the hearing. | ||
SECTION 4. Section 521.457(d), Transportation Code, is | ||
amended to read as follows: | ||
(d) Except as provided by Subsection (c), it is an | ||
affirmative defense to prosecution of an offense, other than an | ||
offense under Section 521.341, that the person did not receive | ||
actual notice of a cancellation, suspension, revocation, or | ||
prohibition order relating to the person's license. For purposes | ||
of this section, actual notice is presumed if the notice was sent | ||
[ |
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SECTION 5. Section 601.124, Transportation Code, is amended | ||
by amending Subsection (d) and adding Subsection (e) to read as | ||
follows: | ||
(d) The department for cause may cancel a certificate of | ||
self-insurance after a hearing. [ |
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pay a judgment before the 31st day after the date the judgment | ||
becomes final. | ||
(e) A self-insurer must receive at least five days' notice | ||
of a hearing held under Subsection (d). The department shall send | ||
notice of the hearing to the self-insurer by: | ||
(1) first class mail; or | ||
(2) e-mail if the self-insurer has provided an e-mail | ||
address to the department and has elected to receive notice | ||
electronically. | ||
SECTION 6. Section 601.155, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 601.155. NOTICE OF DETERMINATION. (a) The department | ||
shall notify the affected person of a determination made under | ||
Section 601.154 by: | ||
(1) personal service; | ||
(2) first class mail; or | ||
(3) e-mail if the person has provided an e-mail | ||
address to the department and has elected to receive notice | ||
electronically. | ||
(b) The notice must state that: | ||
(1) the person's driver's license and vehicle | ||
registration or the person's nonresident's operating privilege will | ||
be suspended unless the person, not later than the 20th day after | ||
the date the notice was personally served or sent [ |
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establishes that: | ||
(A) this subchapter does not apply to the person, | ||
and the person has previously provided this information to the | ||
department; or | ||
(B) there is no reasonable probability that a | ||
judgment will be rendered against the person as a result of the | ||
accident; and | ||
(2) the person is entitled to a hearing under this | ||
subchapter if a written request for a hearing is delivered or mailed | ||
to the department not later than the 20th day after the date the | ||
notice was personally served or sent [ |
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(c) Notice under this section that is mailed by first class | ||
mail must be mailed to the person's last known address, as shown by | ||
the department's records. | ||
(d) For purposes of this section, notice is presumed to be | ||
received if the notice was sent [ |
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address or e-mail address, as shown by the department's records. | ||
SECTION 7. Section 601.156(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) The department shall summon the person requesting the | ||
hearing to appear at the hearing. Notice under this subsection: | ||
(1) shall be: | ||
(A) delivered through personal service; | ||
(B) [ |
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person's last known address, as shown by the department's records; | ||
or | ||
(C) sent by e-mail if the person has provided an | ||
e-mail address to the department and has elected to receive notice | ||
electronically; and | ||
(2) [ |
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by the department. | ||
SECTION 8. Section 601.159, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 601.159. PROCEDURES FOR SUSPENSION OF DRIVER'S LICENSE | ||
AND VEHICLE REGISTRATION OR PRIVILEGE. The department shall suspend | ||
the driver's license and each vehicle registration of an owner or | ||
operator or the nonresident's operating privilege of an owner or | ||
operator unless: | ||
(1) if a hearing is not requested, the person, not | ||
later than the 20th day after the date the notice under Section | ||
601.155 was personally served or sent [ |
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(A) delivers or mails to the department a written | ||
request for a hearing; | ||
(B) shows that this subchapter does not apply to | ||
the person; or | ||
(C) complies with Section 601.153; or | ||
(2) the person complies with Section 601.153 not later | ||
than the 20th day after: | ||
(A) the date of the expiration of the period in | ||
which an appeal may be brought, if the determination at a hearing is | ||
rendered against the owner or operator and the owner or operator | ||
does not appeal; or | ||
(B) the date of a decision against the person | ||
following the appeal. | ||
SECTION 9. Section 601.161, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 601.161. NOTICE OF SUSPENSION. Not later than the 11th | ||
day before the effective date of a suspension under Section | ||
601.159, the department shall send notice of the suspension to each | ||
affected owner or operator. The department shall send the notice by | ||
first class mail or by e-mail to any owner or operator who has | ||
provided an e-mail address to the department and who has elected to | ||
receive notice electronically. The notice must state the amount | ||
required as security under Section 601.153 and the necessity for | ||
the owner or operator to file evidence of financial responsibility | ||
with the department. | ||
SECTION 10. Section 601.232(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The department shall send [ |
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notice to each person whose driver's license and vehicle | ||
registrations are suspended under Section 601.231. | ||
SECTION 11. Section 601.371(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) It is an affirmative defense to prosecution under this | ||
section that the person had not received notice of a suspension | ||
order concerning the person's vehicle registration. For purposes | ||
of this subsection, notice is presumed to be received if the notice | ||
was sent [ |
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address or e-mail address of the person as shown by department | ||
records. | ||
SECTION 12. Section 601.372, Transportation Code, is | ||
amended by amending Subsections (b) and (d) and adding Subsection | ||
(b-1) to read as follows: | ||
(b) The notice must be provided by: | ||
(1) personal delivery to the person; | ||
(2) [ |
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addressed to the person at the last address supplied to the | ||
department by the person; or | ||
(3) e-mail if the person has provided an e-mail | ||
address to the department and has elected to receive notice | ||
electronically. | ||
(b-1) Notice provided under Subsection (b) by mail or e-mail | ||
is presumed to be received on the 10th day after the date the notice | ||
is sent [ |
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(d) Proof of the notice may be made by the certificate of a | ||
department employee stating that: | ||
(1) the notice was prepared in the regular course of | ||
business and placed in the United States mail or sent by e-mail as | ||
part of the regular organized activity of the department; or | ||
(2) the employee delivered the notice in person. | ||
SECTION 13. Section 708.055, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 708.055. NOTICE OF ASSIGNMENT OF FIFTH POINT. The | ||
department shall notify the holder of a driver's license of the | ||
assignment of a fifth point on that license by: | ||
(1) first class mail sent to the person's most recent | ||
address as shown on the records of the department; or | ||
(2) e-mail if the person has provided an e-mail | ||
address to the department and has elected to receive notice | ||
electronically. | ||
SECTION 14. Section 708.151(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The department shall send notices as required by | ||
Subsection (b) to the holder of a driver's license when a surcharge | ||
is assessed on that license. Each notice must: | ||
(1) be sent by: | ||
(A) first class mail to the person's most recent | ||
address as shown on the records of the department or to the person's | ||
most recent forwarding address on record with the United States | ||
Postal Service if it is different; or | ||
(B) e-mail if the person has provided an e-mail | ||
address to the department and has elected to receive notice | ||
electronically; | ||
(2) specify the date by which the surcharge must be | ||
paid; | ||
(3) state the total dollar amount of the surcharge | ||
that must be paid, the number of monthly payments required under an | ||
installment payment plan, and the minimum monthly payment required | ||
for a person to enter and maintain an installment payment plan with | ||
the department; and | ||
(4) state the consequences of a failure to pay the | ||
surcharge. | ||
SECTION 15. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3376 was passed by the House on May 9, | ||
2017, by the following vote: Yeas 131, Nays 1, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3376 was passed by the Senate on May | ||
24, 2017, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |