Am I missing something? In reading the text of HB1725 that would transfer the ALR hearings to a county court, what happened to offenses under 49.09? The statute indicates that the petition would probably be filed in County Court but requires that the judge of the court in which the criminal case is pending hear the petition.
Felony DWI filed in Dist. Court, ALR petition filed in County Court, Dist Judge hearing case in County Court or transfering to Dist. Ct.? If I'm reading this wrong please tell me. I assume some DA's might not be pleased with a non-lawyer county judge hearing petitions that could have collateral consequences on the felony case.
Mike Hartman
Scurry County Attorney

That is just one of several drafting problems with the bill, which was set for a hearing earlier this week until the committee hearing was cancelled due to the lack of a quorum. With the end of the session looming, HB 1725 may be DOA by now, but we're keeping an eye on it nonetheless.

I have to say that if this one is DOA I will not be sad.
As always Shannon, Thanks for staying on top of the multitude of issues this session.

Sorry folks, HB 1725 is not dead; it has been reborn in a new form by being added on to another bill and is now out of committee. I don't know which bill is the host bill, but I have a call into our DLD attorney who will have all the details.

Janette Ansolabehere
Texas Department of Public Safety

The new vehicle (pun intended) for HB 1725 is SB 191 by Sen. Carona of Dallas, and we are still keeping an eye on it. If you have concerns, you should voice them to your local representative in case SB 191 gets set for a floor vote.

(This is why I only said it "may" be DOA -- nothing is over until the final gavel falls ...!)

Looks to me like SB 191 is still in the house criminal jurisprudence committee.

SB 191 was voted out of committee late today (Friday) in a form that includes HB 1725's shifting of the ALR process from DPS and SOAH (the State Office of Administrative Hearings) into the county and district courts. If this concerns you, contact your local representative.

[This message was edited by Shannon Edmonds on 05-19-03 at .]

SB 191 (which is what HB 1725 metamorphosed into through the twists and turns of the legislative process) is apparently dead. However, to paraphrase a great wit, "it ain't over 'til it's over." Don't be surprised to see this one rise like a phoenix from the ashes--if not this session, in the next session.

Janette Ansolabehere