By Conley                                             H.B. No. 2261
          Substitute the following for H.B. No. 2261:
          By Driver                                         C.S.H.B. No. 2261
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of political subdivisions to contract
    1-3  with the Department of Public Safety to assist in the enforcement
    1-4  of outstanding warrants of arrest for the failure to appear for
    1-5  certain traffic offenses, and authorizing the department to
    1-6  contract with a private vendor to facilitate such contracts.
    1-7        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-8        SECTION 1.  Article 6687d, Revised Statutes, is enacted to
    1-9  read as follows:
   1-10        Art. 6687d.  DENIAL OF RENEWAL OF LICENSE FOR FAILURE TO
   1-11  APPEAR
   1-12        Sec. 1.  DEFINITIONS.  In this article:
   1-13              (1)  "Complaint" has the meaning assigned in Article
   1-14  45.01, Code of Criminal Procedure, or other lawful written notice
   1-15  of an offense as provided in Article 27.14(d), Code of Criminal
   1-16  Procedure.
   1-17              (2)  "Department" means the Department of Public
   1-18  Safety.
   1-19              (3)  "Political subdivision" means a city, county, or
   1-20  state agency, and includes the Department of Public Safety.
   1-21              (4)  "Traffic law" means a statute or ordinance, a
   1-22  violation of which is a misdemeanor punishable by a fine in an
   1-23  amount that may not exceed $1,000, that regulates a driver's
    2-1  conduct or condition while operating a motor vehicle, or the
    2-2  condition of a motor vehicle while it is being operated, on a
    2-3  street, road, or highway of this state.
    2-4        Sec. 2.  AUTHORITY TO CONTRACT.  (a)  A political subdivision
    2-5  may contract with the department to provide information necessary
    2-6  for the department to deny renewal of the driver's license of a
    2-7  person who has failed to appear for a complaint, citation, or court
    2-8  order to pay a fine involving a violation of a traffic law.
    2-9        (b)  A contract under this section must be made in accordance
   2-10  with the Interlocal Cooperation Act (Government Code, Chapter 791).
   2-11  A contract made under this section is subject to the ability of the
   2-12  parties to provide or pay for the services required under the
   2-13  contract.
   2-14        Sec. 3.  WARNING ON CITATION.  (a)  If a political
   2-15  subdivision has contracted with the department under this article,
   2-16  a peace officer who is authorized to issue citations in the
   2-17  jurisdiction of the political subdivision shall issue a written
   2-18  warning to each person to whom the officer issues a citation for a
   2-19  violation of a traffic law in the jurisdiction of the political
   2-20  subdivision.  This warning shall be in addition to any other
   2-21  warnings required by law.  The warning must state in substance that
   2-22  if the person fails to appear in court, as provided by law, for the
   2-23  prosecution of the offense, the person may be denied renewal of the
   2-24  person's driver's license.
   2-25        (b)  A written warning issued under this section may be
    3-1  printed on the same instrument as the citation.
    3-2        Sec. 4.  DENIAL OF RENEWAL OF DRIVER'S LICENSE; DISPOSITION
    3-3  OF FEES.  (a)  If a political subdivision has contracted under this
    3-4  article with the department, on receiving the necessary information
    3-5  from the political subdivision, the department may deny renewal of
    3-6  the person's driver's license for failure to appear based on a
    3-7  complaint, citation, or court order to pay a fine involving a
    3-8  violation of a traffic law.  Such information shall include the
    3-9  name, date of birth and driver's license number of the alleged
   3-10  violator, the nature and date of the alleged violation, a statement
   3-11  that the person failed to appear as required by law for a traffic
   3-12  violation, and any other information required by the department.
   3-13        (b)  A political subdivision shall notify the Department that
   3-14  there is no cause to continue to deny renewal of a person's
   3-15  driver's license based on the person's previous failure to appear
   3-16  for a traffic violation, on payment of a fee as provided by this
   3-17  article and:
   3-18              (1)  the entry of a judgment against the person;
   3-19              (2)  the perfection of an appeal of the case for which
   3-20  the warrant of arrest was issued;
   3-21              (3)  the dismissal of the charges for which the warrant
   3-22  of arrest was issued;
   3-23              (4)  acquittal of the charge on which the person failed
   3-24  to appear.
   3-25              (5)  posted bond or give other security to reinstate
    4-1  the charges for which the warrant was issued; or
    4-2              (6)  the payment of fines owed on an outstanding court
    4-3  order to pay a fine.
    4-4        (c)  Unless a person has been acquitted of the underlying
    4-5  traffic offense for which he failed to appear, then the political
    4-6  subdivision shall require the person to pay an administrative fee
    4-7  of $30.00 for each violation for which the defendant failed to
    4-8  appear, in addition to any other fees required by law.
    4-9        (d)  An officer collecting fees due under this article shall
   4-10  keep separate records of the funds collected under this article and
   4-11  shall deposit the funds in the appropriate municipal or county
   4-12  treasury.  The custodian of the municipal or county treasury may
   4-13  deposit fees collected under this article in an interest-bearing
   4-14  account and retain for the municipality or county the interest
   4-15  earned thereon.  The custodian shall keep records of funds received
   4-16  and disbursed under this article and shall provide a yearly report
   4-17  of all funds received and disbursed to the comptroller, to the
   4-18  department, and to other agencies as provided by interlocal
   4-19  contract.  The comptroller shall approve the form of the report.
   4-20  The custodian of a municipal or county treasury shall remit $20.00
   4-21  of each fee collected under this article to the comptroller on or
   4-22  before the last day of the month of each calendar quarter, and
   4-23  retain $10.00 of each fee collected under this article to the
   4-24  credit of the general revenue of the municipal or county treasury.
   4-25        (e)  The comptroller shall deposit $10.00 of each fee
    5-1  collected under this article to the credit of the department for
    5-2  its use in the implementation of this article.  The remainder of
    5-3  all funds received under this article shall be deposited to the
    5-4  credit of the general revenue fund.
    5-5        Sec. 5.  AUTHORITY OF DEPARTMENT TO CONTRACT WITH PRIVATE
    5-6  VENDOR.  The department is authorized to contract with a private
    5-7  vendor to implement this article.  The vendor performing a contract
    5-8  under this article may be compensated by political subdivisions
    5-9  which have contracted with the department under this article.
   5-10  Except for actions taken based on citations issued by peace
   5-11  officers employed by the department, the vendor may not be
   5-12  compensated by state funds.  The vendor shall be required to
   5-13  establish and maintain customer support services as directed by the
   5-14  department, including a toll-free telephone service line to answer
   5-15  and resolve questions from persons who are denied renewal of
   5-16  license under this article.  The vendor shall be required to comply
   5-17  with terms, policies, and administrative rules established by the
   5-18  department to administer this article.
   5-19        Sec. 6.  IMMUNITY FROM SUIT AND FROM DAMAGES.  A cause of
   5-20  action for damages may not be brought against the state, including
   5-21  a state agency and political subdivisions, and the state may not be
   5-22  held liable in damages based on denial of renewal of a driver's
   5-23  license or any other act or omission under this article.
   5-24        Sec. 7.  ADOPTION OF RULES.  The department is authorized to
   5-25  adopt rules to implement this article.
    6-1        SECTION 2.  Section 28A of Article 6687b, Revised Statutes,
    6-2  is amended to read as follows:
    6-3        Sec. 28A.  AUTHORITY TO DENY RENEWAL OF LICENSE.  <REFUSAL TO
    6-4  ISSUE LICENSE.>  <After a hearing in the manner provided by Section
    6-5  22 of this Act, t> The Department is authorized to <revoke> deny
    6-6  renewal of the driver's license <the driving privilege> of a person
    6-7  who was issued a warning by a peace officer employed either by the
    6-8  Department or by a state agency or political subdivision that has
    6-9  contracted with the Department under Article <6687c> 6687d, Revised
   6-10  Statutes, and for whom the Department has received the information
   6-11  required by that article.  <If the Department revokes a driving
   6-12  privilege as provided by this section, the Department shall
   6-13  prohibit the person from obtaining a driver's license.>  A
   6-14  <prohibition> denial of renewal expires on notification of the
   6-15  Department by a political subdivision under Subsection (b), Section
   6-16  <5> 4, Article <6687c> 6687d, Revised Statutes, <to reinstate the
   6-17  person's driving privilege> that there is no longer cause to
   6-18  continue to deny the renewal based upon that person's previous
   6-19  failure to appear for a complaint, citation, or court order to pay
   6-20  a fine involving a violation of a traffic law.
   6-21        SECTION 3.  Section 1c of Article 6701l-4, Revised Statutes,
   6-22  is amended to read as follows:
   6-23        Sec. 1c.  Nonappearance.  A court shall report to the
   6-24  Department of Public Safety any minor charged with a traffic
   6-25  offense under this Act who does not appear before the court as
    7-1  required by law.  In addition to any other action or remedy
    7-2  provided by law, the department may deny renewal of the minor's
    7-3  driver's license as provided by Article 6687d, Revised Statutes,
    7-4  and Section 28A of Article 6687b.  A court that has filed a report
    7-5  under this section shall report to the Department of Public Safety
    7-6  on final disposition of the case.
    7-7        SECTION 4.  Subsection (a) of Section 34 of Article 6687b is
    7-8  amended to read as follows:
    7-9        (a)  A person commits an offense if the person operates a
   7-10  motor vehicle on a highway:
   7-11              (1)  after the person's driver's license has been
   7-12  cancelled under this Act and the person does not have a valid
   7-13  license that was subsequently issued under this Act;
   7-14              (2)  during a period that a suspension or revocation,
   7-15  imposed under this Act, Chapter 434, Acts of the 61st Legislature,
   7-16  Regular Session, 1969 (Article 6701l-5, Vernon's Texas Civil
   7-17  Statutes), or Article 6687b-1, Revised Statutes, of the person's
   7-18  driver's license or privilege is in effect; <or>
   7-19              (3)  while the person's driver's license is expired, if
   7-20  the license expired during a period of suspension imposed under
   7-21  this Act, Chapter 434, Acts of the 61st Legislature, Regular
   7-22  Session, 1969 (Article 6701l-5, Vernon's Texas Civil Statutes), or
   7-23  Article 6687b-1, Revised Statutes, or Article 42.12, Code of
   7-24  Criminal Procedure<.>; or
   7-25              (4)  after renewal of the person's driver's license has
    8-1  been denied under Article 6687d, Revised Statutes, and the person
    8-2  does not have a valid license that was subsequently issued under
    8-3  this Act.
    8-4        SECTION 5.  Article 6687c, Revised Statutes, is amended to
    8-5  read as follows:
    8-6        Art. 6687c.  Contracts for Enforcement of Certain Warrants
    8-7        Definitions
    8-8        Sec. 1.  In this article:
    8-9              (1)  "Political subdivision" means a city, county, or
   8-10  state agency, and includes the Department of Public Safety.
   8-11              (2)  "Traffic law" means a statute or ordinance, a
   8-12  violation of which is a misdemeanor punishable by a fine in an
   8-13  amount that may not exceed $200, that regulates a driver's conduct
   8-14  or condition while operating a motor vehicle, or the condition of a
   8-15  motor vehicle while it is being operated, on a street, road, or
   8-16  highway of this state.
   8-17  Authority to Contract
   8-18        Sec. 2.  (a)  A political subdivision may contract with the
   8-19  county in which the subdivision is located or the <State Department
   8-20  of Highways and Public> Texas Department of Transportation to
   8-21  provide the county or agency with information necessary for the
   8-22  county, with the consent of the tax assessor-collector, or agency
   8-23  to refuse to register or reregister a motor vehicle owned by a
   8-24  person for whom a warrant of arrest is outstanding for failure to
   8-25  appear or pay a fine on a complaint involving a violation of a
    9-1  traffic law.
    9-2        (b)  <A political subdivision may contract with the
    9-3  Department of Public Safety to provide the agency with information
    9-4  necessary for the agency to revoke the driver's license, permit, or
    9-5  privilege of a person for whom a warrant of arrest is outstanding
    9-6  for failure to appear or pay a fine on a complaint involving a
    9-7  violation of a traffic law.>
    9-8        <(c)>  A contract under this section must be made in
    9-9  accordance with the Interlocal Cooperation Act <(Article 4413(32c),
   9-10  Vernon's Texas Civil Statutes)> (Government Code, Chapter 791).  A
   9-11  contract made under this section is subject to the ability of the
   9-12  parties to provide or pay for the services required under the
   9-13  contract.
   9-14  Warning on Citation
   9-15        Sec. 3.  (a)  If a political subdivision has contracted with
   9-16  a county or state agency under this article, a peace officer who is
   9-17  authorized to issue citations in the political subdivision shall
   9-18  issue a written warning to each person to whom the officer issues a
   9-19  citation for a violation of a traffic law in the political
   9-20  subdivision.
   9-21        (b)  If a contract is made under <Subsection (a) of> Section
   9-22  2 of this article, the warning must state that if the person fails
   9-23  to appear in court, as provided by law, for the prosecution of the
   9-24  offense or to pay a fine for the violation, the person might not be
   9-25  permitted to register or reregister a motor vehicle in this state.
   10-1        (c)  <If a contract is made under Subsection (b) of Section 2
   10-2  of this article, the warning must state that:>
   10-3              <(1)  if the person has a driver's license or permit
   10-4  and the person fails to appear in court, as provided by law, for
   10-5  the prosecution of the offense or to pay a fine for the violation,
   10-6  the license or permit is subject to revocation; and>
   10-7              <(2)  if the person does not have a driver's license
   10-8  but is driving under a privilege authorized by state law, and the
   10-9  person fails to appear in court, as provided by law, for the
  10-10  prosecution of the offense or to pay a fine for the violation:>
  10-11                    <(A)  the person's privilege to operate a motor
  10-12  vehicle is subject to revocation; and>
  10-13                    <(B)  the person may become ineligible to be
  10-14  issued a driver's license in this state.>
  10-15        <(d)  If a contract is made under both Subsections (a) and
  10-16  (b) of Section 2 of this article, the warning must contain all the
  10-17  information required by Subsections (b) and (c) of this section.>
  10-18        <(e)>  A written warning issued under this section may be
  10-19  printed on the same instrument as the citation.
  10-20  Refusal of Annual Registration
  10-21        Sec. 4.  (a)  If a political subdivision has contracted under
  10-22  this article with the county in which the subdivision is located or
  10-23  the <State Department of Highways and Public> Texas Department of
  10-24  Transportation, on receiving the necessary information from the
  10-25  political subdivision, the tax assessor-collector of that county or
   11-1  the department may refuse to register or reregister a motor vehicle
   11-2  that is owned by a person for whom a warrant of arrest issued by
   11-3  that political subdivision is outstanding for failure to appear or
   11-4  pay a fine on a complaint involving a violation of a traffic law.
   11-5        (b)  A political subdivision shall notify the county or the
   11-6  department regarding a person for whom the tax assessor-collector
   11-7  of that county or the department has refused to register or
   11-8  reregister a motor vehicle on:
   11-9              (1)  the entry of a judgment against the person and the
  11-10  person's payment to the court of the fine owed for the violation
  11-11  and all court costs imposed by the court;
  11-12              (2)  the perfection of an appeal of the case for which
  11-13  the warrant of arrest was issued; or
  11-14              (3)  the dismissal of the charges for which the warrant
  11-15  of arrest was issued.
  11-16        (c)  After a notice is received under Subsection (b) of this
  11-17  section, the person who is the subject of the notice is entitled to
  11-18  register or reregister a motor vehicle.
  11-19        <Revocation of Driver's License or Permit>
  11-20        <Sec. 5.  (a)  If a political subdivision has contracted
  11-21  under this article with the Department of Public Safety, on
  11-22  receiving the necessary information from the political subdivision,
  11-23  the department may begin proceedings to revoke the driver's license
  11-24  or permit of a person or revoke the driving privilege of and
  11-25  prohibit the obtaining of a driver's license in this state by a
   12-1  person for whom a warrant of arrest issued by that political
   12-2  subdivision is outstanding for failure to appear or pay a fine on a
   12-3  complaint involving a violation of a traffic law.>
   12-4        <(b)  A political subdivision shall notify the Department of
   12-5  Public Safety to reinstate a person's driver's license, permit, or
   12-6  driving privilege that was revoked under this section, if the
   12-7  license, permit, or privilege has not expired, on:>
   12-8              <(1)  the entry of a judgment against the person and
   12-9  the person's payment to the court of the fine owed for the
  12-10  violation and all court costs imposed by the court;>
  12-11              <(2)  the perfection of an appeal of the case for which
  12-12  the warrant of arrest was issued; or>
  12-13              <(3)  the dismissal of the charges for which the
  12-14  warrant of arrest was issued.>
  12-15        SECTION 6.  Paragraph (12) of Subsection (b) of Section 22 of
  12-16  Article 6687b, Revised Statutes, is hereby repealed, as follows:
  12-17              <(12)  has a warrant of arrest outstanding, for failure
  12-18  to appear or pay a fine on a complaint, that is issued by a
  12-19  political subdivision that has contracted with the Department under
  12-20  Article 6687c, Revised Statutes;>
  12-21        SECTION 7.  EFFECTIVE DATE.  This Act shall be effective
  12-22  January 1, 1996.  The Department may not deny renewal of a license
  12-23  for any offense or failure to appear for a complaint, citation, or
  12-24  court order to pay a fine involving a violation of a traffic law
  12-25  occurring before January 1, 1996.
   13-1        SECTION 8.  The importance of this legislation and the
   13-2  crowded condition of the calendars in both houses create an
   13-3  emergency and an imperative public necessity that the
   13-4  constitutional rule requiring bills to be read on three consecutive
   13-5  days in each house be suspended, and this rule is hereby suspended,
   13-6  and that this Act take effect and be in force from and after its
   13-7  passage, and it is so enacted.