BILL ANALYSIS



C.S.H.B. 2261
By: Conley
04-24-95
Committee Report (Substituted)


BACKGROUND

At the present time, Article 6687c, Vernon's Texas Civil Statutes,
provides that political subdivisions may contract with private
vendors to collect fees and fines for outstanding arrest warrants
for failure to pay the fine for traffic offenses.  Drivers license
may not be renewed by the Department of Public Safety until the
outstanding warrant for arrest and related fines and cost are paid.

PURPOSE

To allow the Department of Public Safety to contract with private
vendors to assist in the collection of fees due on outstanding
traffic warrants of arrest.  Also, it would continue to provide
that a political subdivision could contract with the Texas
Department of Transportation and the County Tax Assessor-Collector
to refuse to register or re-register a motor vehicle of a person
for whom a warrant arrest is outstanding for failure to pay a fine
on a complaint involving a traffic law.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants
rulemaking authority to the Department of Public Safety in SECTION
1. Sec. 7 (Article 6687d, Revised Statutes).

SECTION BY SECTION ANALYSIS

SECTION 1.
     Sec. 1. Amends Article 6687d by adding definitions of
"complaint," "department," "political subdivision," and "traffic
law."
     Sec. 2. (a) Allows a city, county, or state agency to contract
with the department to deny the renewal of a driver's license if
that person has an outstanding complaint, citation, or court order
for a traffic violation.
     (b) Any contract under this section must be made in accordance
with the Government Code, Chapter 791.
     Sec. 3. (a)-(b) An officer that issues citations shall, along
with a citation for traffic violation, issue a warning that failure
to appear in court for the prosecution of the offense may deny the
person renewal of their driver's license.
     Sec. 4. (a) The department may deny the renewal of the
person's driver's license for failure to appear in court on a
traffic citation.
     (b)  The political subdivision shall notify the department
that there is no cause to continue denial of renewal of a person's
driver's license once the person has resolved the matter.
     (c)  Unless the person was acquitted of the underlying
offense, the political subdivision will assess of $30.00
administrative fee for each failure to appear violation.
     (d)  Fees will be deposited in the appropriate municipal or
county treasury.  $20 will be sent to the comptroller, and $10 will
be sent to the general revenue of the municipal or county treasury.
     (e)  The comptroller will credit $10 to the department for its
use in the implementation of this article.  The remainder will go
to the general revenue fund.
     Sec. 5. The department can contract with a private vendor to
implement this article, and the vendor can be reimbursed by the
political subdivision.  The vendor is required to comply with terms
policies, and administrative rules established by the department.
     Sec. 6. The state, state agency or political subdivision may
not be held liable for denial of a renewal of driver's license.
     Sec. 7.  The department is authorized to adopt rules to
implement the article.

SECTION 2.  Section 28A of Article 6687b, Revised Statutes is
amended to allow the department to deny renewal of a driver's
license.  A denial of renewal expires when the political
subdivision notifies the department that there is no longer cause
to deny the renewal.

SECTION 3.  Section 1c of Article 67011-4, Revised Statutes is
amended to state that the department may deny renewal of a driver's
license.

SECTION 4.  Subsection (a) of Section 34 of Article 6687b is
amended by adding (a)4, which states that after renewal has been
denied, the person no longer has a valid Texas license.

SECTION 5.  Article 6687c, Revised Statutes is amended.
     Sec. 1. Adds the definition of "political subdivision."
     Sec. 2. Allows the Texas Department of Transportation to
provide information for registering motor vehicles.  Strikes all of
(b).
     Sec. 3. Strikes all of Sec. 3(c)-(d).
     Sec. 4. Changes the Texas Department of Highways and Public
Transportation to the Texas Department of Transportation.
     Sec. 5. Strikes all of Sec. 5.
     
SECTION 6. Repeals paragraph (12), Subsection (b), of Section 22 of
Article 6687b, revised Statutes.

SECTION 7. Effective date.

SECTION 8. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute makes few changes from the original filed version. 
Most of the changes were technical (for example changing the word
"complaint" to "complaint, citation, or court order").

SUMMARY OF COMMITTEE ACTION

HB 2261 was considered by the committee in a public hearing on
April 4, 1995.
The committee considered a complete substitute for the bill.  The
substitute was adopted without objection.

CSHB 2261 was considered by the committee in a public hearing on
April 11, 1995.
The bill was reported favorably as substituted with the
recommendation that it do pass and be printed, by a record vote of
6 ayes, 0 nays, 0 pnv, and 3 absent.