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