BILL ANALYSIS

C.S.H.B. 4804

By: Hefner

Homeland Security, Public Safety & Veterans' Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The bill author has informed the committee that the ability under current state law for certain commercial driver's license (CDL) holders to request a hearing after disqualification from operating a commercial motor vehicle violates certain federal regulations, which could result in penalties to the state, such as the loss of federal highway funds and the decertification of the state's CDL program. Additionally, the 88th Texas Legislature enacted legislation establishing the terrorist offender registration program, which is similar to the existing sex offender registration program. However, while certain people who are required to register as a sex offender currently have their driver's licenses or personal identification certificates automatically revoked, those who are required to register under the terrorist offender registration program are not subject to these same automatic revocation requirements. C.S.H.B. 4804 seeks to address these two issues by repealing a provision that subjects the disqualification of certain CDL holders from operating a commercial vehicle to certain notice and hearing procedures and by making provisions establishing the automatic revocation of driver's licenses and personal identification certificates of certain sex offenders applicable also with respect to those required to register under the terrorist offender registration program.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 4804 amends the Transportation Code to make statutory provisions relating to the automatic revocation of a personal identification certificate issued by the Department of Public Safety (DPS) or a driver's license for a certificate or license holder, as applicable, who is required to register as a sex offender and fails to apply to DPS for renewal of the certificate or license, as applicable, as required by Code of Criminal Procedure provisions relating to the sex offender registration program applicable also with respect to the terrorist offender registration program.

C.S.H.B. 4804 repeals the following provisions of the Transportation Code:

·Section 521.297(b), which makes a disqualification from operating a commercial motor vehicle for either 60 days or 120 days effective on the 40th day after the date the person is considered to have received notice of the disqualification, unless a disqualification is currently in effect, in which case the periods of disqualifications run consecutively; and

·Section 522.087(b), which subjects disqualifying certain persons from operating a commercial motor vehicle for 60 days, 120 days, one year, or life to certain notice and hearing procedures and establishes that an appeal of the disqualification is subject to judicial review.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 4804 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes a provision absent from the introduced making statutory provisions relating to the automatic revocation of a DPS-issued personal identification certificate for a person who is required to register as a sex offender and fails to apply to DPS for renewal of the certificate as required by Code of Criminal Procedure provisions relating to the sex offender registration program applicable also with respect to the terrorist offender registration program.