BILL ANALYSIS
S.B. 1504
By: Montford (Conley)
05-10-95
Committee Report (Amended)
BACKGROUND
Currently, it is estimated that there are over three million
outstanding traffic warrants in the State of Texas. Most cities
and counties do not have either adequate personnel or space to
pursue the traffic offender and jail the offender for failure to
appear. This causes a significant loss of revenue to the
municipality or county and the state.
PURPOSE
As proposed, S.B. 1504 authorizes the Department of Public Safety
to contract with private entities to set up a state wide traffic
warrant database and to deny a renewal of a driver's license for
failure to pay for traffic warrants.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the Department of Public Safety in SECTION 1, Sec. 7 (Chapter 1,
Title 116, Article 6687d, V.T.C.S.) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 1, Title 116, V.T.C.S., by adding Article
6687d, as follows:
Art. 6687d. DENIAL OF RENEWAL OF LICENSE FOR FAILURE TO APPEAR
Sec. 1. DEFINITIONS. Defines "complaint," "department,"
"driver's license," "political subdivision," and "traffic
law."
Sec. 2. AUTHORITY TO CONTRACT. (a) Authorizes a political
subdivision to contract with The Texas Department of Public
Safety (DPS) to provide information necessary for DPS to deny
renewal of the driver's license of a person who has failed to
appear for a complaint, citation, or court order to pay a fine
involving a violation of a traffic law.
(b) Requires a contract under this section to be made in
accordance with the ICA. Provides that a contract made
under this section is subject to the ability of the parties
to provide or pay for the services required under the
contract.
Sec. 3. WARNING ON CITATION. (a) Requires a peace officer
who is authorized to issue citations in the jurisdiction of
the political subdivision to issue a written warning to each
person to whom the officer issues a citation for a violation
of a traffic law in the jurisdiction of the political
subdivision, if the subdivision has contracted with DPS under
this article. Provides that the warning is in addition to any
other warning required by law. Requires the warning to state
that if the person fails to appear in court for the
prosecution of the offense, the person may be denied renewal
of the driver's license.
(b) Authorizes a written warning required under this
section to be printed on the same instrument as the
citation.
Sec. 4. DENIAL OF RENEWAL OF DRIVER'S LICENSE; DISPOSITION OF
FEES. (a) Authorizes DPS to deny renewal of a person's
license for failure to appear based on a complaint, citation,
or court order to pay a fine involving a violation of traffic
law if a political subdivision has contracted under this
article with DPS. Sets forth the necessary information to
which DPS may deny a renewal.
(b) Requires a political subdivision to notify DPS that
there is no cause to continue to deny renewal of a person's
license based on the person's previous failure to appear for
a traffic violation, on payment of a fee as provided by this
article and certain information.
(c) Requires the political subdivision to require the
person to pay an administrative fee of $30 for each
violation for which the defendant failed to appear for a
complaint, citation, or court order to pay a fine involving
a violation of a traffic law, in addition to any other fee
required by law unless a person has been acquitted of the
underlying traffic offense for which the person failed to
appear.
(d) Requires an officer collecting fees due under this
article to keep separate records of the funds collected
under this article and to deposit the funds in the
appropriate municipal or county treasury. Authorizes the
custodian of the municipal treasury to deposit fees in an
interest-bearing account and retain for the municipality or
county the interest thereon. Requires the custodian to keep
records of all funds and provide a yearly report to the
comptroller, DPS, and to certain other agencies. Requires
the comptroller to approve the report.
(e) Requires the custodian to remit $20 of each fee to the
comptroller on or before the last day of the month of each
calendar quarter, and retain $10 to the credit of the
general revenue of the municipal or county treasury.
Requires the comptroller to deposit $10.00 of each fee
collected to the credit of DPS for its use in the
implementation of this article. Requires the remainder of
all funds received under this article to be deposited to the
credit of the general revenue fund.
Sec. 5. CONTRACT WITH PRIVATE VENDOR. Authorizes DPS to
contract with a private vendor to implement this article.
Authorizes the vendor performing a contract under this article
to be compensated by political subdivisions which have
contracted with DPS under this article. Prohibits a vendor
from being compensated by state funds, except for actions
taken based on citations issued by peace officers employed by
DPS. Requires the vendor to be required to establish and
maintain customer support services as directed by DPS.
Requires the vendor to comply with terms, policies, and
administrative rules established by DPS to administer this
article.
Sec. 6. IMMUNITY FROM SUIT AND DAMAGES. Prohibits a cause of
action for damages from being brought against the state or a
political subdivision, and the state or political subdivision
from being held liable in damages based on denial of renewal
of a license or any other act or omission under this article.
Sec. 7. RULES. Authorizes DPS to adopt rules as necessary to
implement this article.
SECTION 2. Amends Section 22(b), Article 6687b, V.T.C.S., to
include the 13th listed ground and deletes the 12th and 16th listed
grounds for which the director has authority to revoke a driver's
license.
SECTION 3. Amends Section 28A, Article 6687b, V.T.C.S., as follows:
Sec. 28A. New heading: AUTHORITY TO DENY RENEWAL OF LICENSE.
Provides that DPS is authorized to deny renewal of the
driver's license of person who was issued a warning by a peace
officer as provided by Article 6687d, rather than 6687c,
V.T.C.S., and for whom DPS has received the information
required by that article. Provides that a denial of renewal
expires on notification of DPS by a political subdivision
under Section 4(b), Article 6687d, V.T.C.S., that there is no
cause to continue to deny the renewal based upon that person's
previous failure to appear for a complaint, citation, or court
order to pay a fine involving a violation of a traffic law.
Deletes the provision that DPS is required to prohibit a
person whose license has been revoked as provided by this
subsection from obtaining a driver's license.
SECTION 4. Amends Section 34(a), Article 6687b, V.T.C.S., to
include a person who operates a motor vehicle on a highway after
renewal of a person's driver's license has been denied under
Article 6687d, V.T.C.S., and the person does not have a valid
license that was subsequently issued under this Act, among actions
which constitute an offense.
SECTION 5. Amends Sections 2 and 3, Article 6687c, V.T.C.S., as
follows:
Sec. 2. AUTHORITY TO CONTRACT. (a) Makes a conforming
change.
(b) Requires a contract under this section to be made in
accordance with, Chapter 791, Government Code, rather than
Article 4413(32c), V.T.C.S (Interlocal Cooperation Act).
Sec. 3. WARNING ON CITATION. (a)-(b) Make nonsubstantive
changes.
(c) Redesignated from existing Subsection (e). Deletes
existing Subsections (c)-(d).
SECTION 6. Amends Section 4(a), Article 6687c, V.T.C.S., to make
a conforming change.
SECTION 7. Repealer: Section 5, Article 6687c, V.T.C.S. (Revocation
of Driver's License or Permit).
SECTION 8. Amends Section 1c, Article 6701l-4, V.T.C.S., to
authorize DPS to deny renewal of a minor's license as provided by
Articles 6687b and 6687d, V.T.C.S., in addition to any other action
or remedy provided by law.
SECTION 9. Makes application of this Act prospective.
SECTION 10. Effective date: September 1, 1995.
SECTION 11. Emergency clause.
EXPLANATION OF AMENDMENTS
Amendment #1 by Carter provides that the vendor may not use any
information that is collected for any purpose other than this bill
prescribes.
Amendment #2 by Madden provides that a municipality may not use
this bill to provide more than 30% of the municipality's revenue.
SUMMARY OF COMMITTEE ACTION
SB 1504 was considered by the committee in a formal meeting on May
9, 1995. Two amendments were offered. Both amendments were
adopted without objection. The bill was reported favorably as
amended with the recommendation that it do pass and be printed, by
a record vote of 6 ayes, 1 nay, 0 pnv, and 2 absent.