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