85R9627 JXC-F     By: Holland, et al. H.B. No. 3376       A BILL TO BE ENTITLED   AN ACT   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 [mailed].          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 [mailed]. A revocation or   prohibition under Subsection (e) or (f) takes effect on the 30th day   after the date the notice is sent [mailed]. The person may request a   hearing not later than the 20th day after the date the notice is   sent [mailed]. If the department receives a request under this   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   [mailed] in accordance with law.          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. [The self-insurer must receive at   least five days' notice of the hearing.] Cause includes failure to   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 [mailed],   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 [mailed].          (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 [mailed] to the person's last known   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)  [or] mailed by first class mail to the   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)  [. The notice] must include written charges issued   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 [mailed]:                      (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 [mail] in a timely manner a   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 [mailed] in accordance with this chapter to the last known   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)  [or by] deposit in the United States mail   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 [mailed].          (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.