By: Montford S.B. No. 1504
A BILL TO BE ENTITLED
AN ACT
1-1 relating to failure to appear on a complaint, citation, or court
1-2 order to pay a fine for a violation of a traffic law.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 1, Title 116, Revised Statutes, is
1-5 amended by adding Article 6687d to read as follows:
1-6 Art. 6687d. DENIAL OF RENEWAL OF LICENSE FOR FAILURE TO
1-7 APPEAR
1-8 Sec. 1. DEFINITIONS. In this article:
1-9 (1) "Complaint" means a notice of an offense as
1-10 described by Article 27.14(d) or 45.01, Code of Criminal Procedure.
1-11 (2) "Department" means the Department of Public Safety
1-12 of the State of Texas.
1-13 (3) "Driver's license" has the meaning assigned by
1-14 Section 1, Chapter 173, Acts of the 47th Legislature, Regular
1-15 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes).
1-16 (4) "Political subdivision" means a municipality or
1-17 county.
1-18 (5) "Traffic law" means a statute or ordinance, a
1-19 violation of which is a misdemeanor punishable by a fine in an
1-20 amount that may not exceed $1,000, that regulates a driver's
1-21 conduct or condition while operating a motor vehicle, or the
1-22 condition of a motor vehicle while it is being operated, on a
1-23 street, road, or highway of this state.
2-1 Sec. 2. AUTHORITY TO CONTRACT. (a) A political subdivision
2-2 may contract with the department to provide information necessary
2-3 for the department to deny renewal of the driver's license of a
2-4 person who has failed to appear for a complaint, citation, or court
2-5 order to pay a fine involving a violation of a traffic law.
2-6 (b) A contract under this section must be made in accordance
2-7 with Chapter 791, Government Code. A contract made under this
2-8 section is subject to the ability of the parties to provide or pay
2-9 for the services required under the contract.
2-10 Sec. 3. WARNING ON CITATION. (a) If a political
2-11 subdivision has contracted with the department under this article,
2-12 a peace officer who is authorized to issue citations in the
2-13 jurisdiction of the political subdivision shall issue a written
2-14 warning to each person to whom the officer issues a citation for a
2-15 violation of a traffic law in the jurisdiction of the political
2-16 subdivision. The warning is in addition to any other warning
2-17 required by law. The warning must state in substance that if the
2-18 person fails to appear in court as provided by law for the
2-19 prosecution of the offense, the person may be denied renewal of the
2-20 person's driver's license.
2-21 (b) A written warning required by this section may be
2-22 printed on the same instrument as the citation.
2-23 Sec. 4. DENIAL OF RENEWAL OF DRIVER'S LICENSE; DISPOSITION
2-24 OF FEES. (a) If a political subdivision has contracted under this
2-25 article with the department, on receiving the necessary information
3-1 from the political subdivision, the department may deny renewal of
3-2 the person's driver's license for failure to appear based on a
3-3 complaint, citation, or court order to pay a fine involving a
3-4 violation of a traffic law. The information must include the name,
3-5 date of birth, and driver's license number of the alleged violator,
3-6 the nature and date of the alleged violation, a statement that the
3-7 person failed to appear as required by law for a traffic violation,
3-8 and any other information required by the department.
3-9 (b) A political subdivision shall notify the department that
3-10 there is no cause to continue to deny renewal of a person's
3-11 driver's license based on the person's previous failure to appear
3-12 for a traffic violation, on payment of a fee as provided by this
3-13 article and:
3-14 (1) the entry of a judgment against the person;
3-15 (2) the perfection of an appeal of the case for which
3-16 the warrant of arrest was issued;
3-17 (3) the dismissal of the charges for which the warrant
3-18 of arrest was issued;
3-19 (4) acquittal of the charges on which the person
3-20 failed to appear;
3-21 (5) the posting of bond or the giving of other
3-22 security to reinstate the charges for which the warrant was issued;
3-23 or
3-24 (6) the payment of fines owed on an outstanding court
3-25 order to pay a fine.
4-1 (c) Unless a person has been acquitted of the underlying
4-2 traffic offense for which the person failed to appear for a
4-3 complaint, citation, or court order to pay a fine involving a
4-4 violation of a traffic law, the political subdivision shall require
4-5 the person to pay an administrative fee of $30 for each violation
4-6 for which the defendant failed to appear, in addition to any other
4-7 fees required by law.
4-8 (d) An officer collecting fees due under this article shall
4-9 keep separate records of the funds collected under this article and
4-10 shall deposit the funds in the appropriate municipal or county
4-11 treasury. The custodian of the municipal or county treasury may
4-12 deposit fees collected under this article in an interest-bearing
4-13 account and retain for the municipality or county the interest
4-14 earned on the account. The custodian shall keep records of funds
4-15 received and disbursed under this article and shall provide a
4-16 yearly report of all funds received and disbursed to the
4-17 comptroller, to the department, and to other entities as provided
4-18 by interlocal contract. The comptroller shall approve the form of
4-19 the report.
4-20 (e) The custodian of a municipal or county treasury shall
4-21 remit $20 of each fee collected under this article to the
4-22 comptroller on or before the last day of each calendar quarter and
4-23 retain $10 of each fee collected under this article for deposit to
4-24 the credit of the general fund of the municipal or county treasury.
4-25 The comptroller shall deposit $10 of each fee collected under this
5-1 article to the credit of the department for its use in the
5-2 implementation of this article. The remainder of all amounts
5-3 received by the comptroller under this article shall be deposited
5-4 to the credit of the general revenue fund.
5-5 Sec. 5. CONTRACT WITH PRIVATE VENDOR. The department may
5-6 contract with a private vendor to implement this article. The
5-7 vendor performing a contract under this article may be compensated
5-8 by political subdivisions that have contracted with the department
5-9 under this article. Except for an action taken based on a citation
5-10 issued by a peace officer employed by the department, the vendor
5-11 may not be compensated by state funds. A vendor must establish and
5-12 maintain customer support services as directed by the department,
5-13 including a toll-free telephone service line to answer and resolve
5-14 questions from persons who are denied renewal of a driver's license
5-15 under this article. The vendor shall comply with terms, policies,
5-16 and administrative rules established by the department to
5-17 administer this article.
5-18 Sec. 6. IMMUNITY FROM SUIT AND DAMAGES. A cause of action
5-19 for damages may not be brought against the state or a political
5-20 subdivision, and the state or political subdivision may not be held
5-21 liable in damages based on denial of renewal of a driver's license
5-22 or any other act or omission under this article.
5-23 Sec. 7. RULES. The department may adopt rules to implement
5-24 this article.
5-25 SECTION 2. Subsection (b), Section 22, Chapter 173, Acts of
6-1 the 47th Legislature, Regular Session, 1941 (Article 6687b,
6-2 Vernon's Texas Civil Statutes), is amended to read as follows:
6-3 (b) Except for the fifth (5th), eleventh (11th), thirteenth
6-4 (13th) <twelfth (12th)>, fourteenth (14th), and fifteenth (15th)<,
6-5 and sixteenth (16th)> listed grounds in this subsection, for which
6-6 the director has authority to revoke a license, the authority to
6-7 suspend the license of any driver as authorized in this Section is
6-8 granted the director upon determining that the person:
6-9 (1) has operated a motor vehicle on a highway while
6-10 the person's license was suspended, revoked, canceled,
6-11 disqualified, or denied;
6-12 (2) has been responsible as a driver for any accident
6-13 resulting in death;
6-14 (3) is an habitual reckless or negligent driver of a
6-15 motor vehicle;
6-16 (4) is an habitual violator of the traffic law.
6-17 The term "habitual violator" as used herein, shall mean any
6-18 person with four (4) or more convictions arising out of different
6-19 transactions in a consecutive period of twelve (12) months, or
6-20 seven (7) or more convictions arising out of different transactions
6-21 within a period of twenty-four (24) months, such convictions being
6-22 for moving violations of the traffic laws of any state or its
6-23 political subdivisions other than a violation of:
6-24 (A) Section 3 or 5, Chapter 42, General Laws,
6-25 Acts of the 41st Legislature, 2nd Called Session, 1929 (Article
7-1 6701d-11, Vernon's Texas Civil Statutes);
7-2 (B) Chapter 293, Acts of the 53rd Legislature,
7-3 Regular Session, 1953 (Article 6701d-12, Vernon's Texas Civil
7-4 Statutes);
7-5 (C) Chapter 608, Acts of the 65th Legislature,
7-6 Regular Session, 1977 (Article 6701d-12a, Vernon's Texas Civil
7-7 Statutes);
7-8 (D) Chapter 73, Acts of the 54th Legislature,
7-9 Regular Session, 1955 (Article 6701d-13, Vernon's Texas Civil
7-10 Statutes);
7-11 (E) Chapter 212, Acts of the 56th Legislature,
7-12 Regular Session, 1959 (Article 6701d-14, Vernon's Texas Civil
7-13 Statutes);
7-14 (F) Chapter 8, Acts of the 62nd Legislature,
7-15 Regular Session, 1971 (Article 6701d-17, Vernon's Texas Civil
7-16 Statutes); or
7-17 (G) Section 107C, Uniform Act Regulating Traffic
7-18 on Highways (Article 6701d, Vernon's Texas Civil Statutes);
7-19 (5) is incapable of safely driving a motor vehicle;
7-20 (6) has permitted an unlawful or fraudulent use of
7-21 such license;
7-22 (7) has committed an offense in another state, which
7-23 if committed in this State would be grounds for suspension or
7-24 revocation;
7-25 (8) has violated a restriction or endorsement imposed
8-1 on the use of the license;
8-2 (9) has been responsible as a driver for any accident
8-3 resulting in serious personal injury or serious property damage;
8-4 (10) is the holder of a provisional license under
8-5 Section 11A of this Act and has been convicted of two (2) or more
8-6 moving violations committed within a period of twelve (12) months;
8-7 (11) has not complied with the terms of a citation
8-8 issued by a jurisdiction that is a member of the Nonresident
8-9 Violator Compact of 1977 for a violation to which the compact
8-10 applies;
8-11 (12) <has a warrant of arrest outstanding, for failure
8-12 to appear or pay a fine on a complaint, that is issued by a
8-13 political subdivision that has contracted with the Department under
8-14 Article 6687c, Revised Statutes;>
8-15 <(13)> has committed an offense under Section 186,
8-16 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
8-17 Texas Civil Statutes);
8-18 (13) <(14)> has failed to provide medical records or
8-19 has failed to undergo medical or other examinations as required by
8-20 a panel of the Medical Advisory Board;
8-21 (14) <(15)> has failed to take, or failed to pass, any
8-22 examination required by the director under this Act; or
8-23 (15) <(16)> has been reported by a court under Section
8-24 1c or 2(a), Chapter 302, Acts of the 55th Legislature, Regular
8-25 Session, 1957 (Article 6701l-4, Vernon's Texas Civil Statutes), for
9-1 failure to appear or default in payment of a fine unless the court
9-2 has filed an additional report on final disposition of the case.
9-3 SECTION 3. Section 28A, Chapter 173, Acts of the 47th
9-4 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
9-5 Civil Statutes), is amended to read as follows:
9-6 Sec. 28A. AUTHORITY TO DENY RENEWAL OF <REFUSAL TO ISSUE>
9-7 LICENSE. The <After a hearing in the manner provided by Section 22
9-8 of this Act, the> Department is authorized to deny renewal of the
9-9 driver's license <revoke the driving privilege> of a person who was
9-10 issued a warning by a peace officer as provided by <employed by a
9-11 state agency or by a political subdivision that has contracted with
9-12 the Department under> Article 6687d <6687c>, Revised Statutes, and
9-13 for whom the Department has received the information required by
9-14 that article. A denial of renewal <If the Department revokes a
9-15 driving privilege as provided by this section, the Department shall
9-16 prohibit the person from obtaining a driver's license. A
9-17 prohibition> expires on notification of the Department by a
9-18 political subdivision under Subsection (b), Section 4 <5>, Article
9-19 6687d <6687c>, Revised Statutes, that there is no cause to continue
9-20 to deny the renewal based on that person's previous failure to
9-21 appear for a complaint, citation, or court order to pay a fine
9-22 involving a violation of a traffic law <to reinstate the person's
9-23 driving privilege>.
9-24 SECTION 4. Subsection (a), Section 34, Chapter 173, Acts of
9-25 the 47th Legislature, Regular Session, 1941 (Article 6687b,
10-1 Vernon's Texas Civil Statutes), as amended by Chapters 796 and 886,
10-2 Acts of the 73rd Legislature, 1993, is amended to read as follows:
10-3 (a) A person commits an offense if the person operates a
10-4 motor vehicle on a highway:
10-5 (1) after the person's driver's license has been
10-6 cancelled under this Act and the person does not have a valid
10-7 license that was subsequently issued under this Act;
10-8 (2) during a period that a suspension or revocation,
10-9 imposed under this Act, Chapter 434, Acts of the 61st Legislature,
10-10 Regular Session, 1969 (Article 6701l-5, Vernon's Texas Civil
10-11 Statutes), Article 6687b-1, Revised Statutes, or Article 42.12,
10-12 Code of Criminal Procedure, of the person's driver's license or
10-13 privilege is in effect; <or>
10-14 (3) while the person's driver's license is expired, if
10-15 the license expired during a period of suspension imposed under
10-16 this Act, Chapter 434, Acts of the 61st Legislature, Regular
10-17 Session, 1969 (Article 6701l-5, Vernon's Texas Civil Statutes),
10-18 Article 6687b-1, Revised Statutes, or Article 42.12, Code of
10-19 Criminal Procedure; or
10-20 (4) after renewal of the person's driver's license has
10-21 been denied under Article 6687d, Revised Statutes, and the person
10-22 does not have a valid driver's license that was subsequently issued
10-23 under this Act.
10-24 SECTION 5. Sections 2 and 3, Article 6687c, Revised
10-25 Statutes, are amended to read as follows:
11-1 Sec. 2. Authority to Contract. (a) A political subdivision
11-2 may contract with the county in which the subdivision is located or
11-3 the Texas <State> Department of <Highways and Public>
11-4 Transportation to provide the county or agency with information
11-5 necessary for the county, with the consent of the tax
11-6 assessor-collector, or agency to refuse to register or reregister a
11-7 motor vehicle owned by a person for whom a warrant of arrest is
11-8 outstanding for failure to appear or pay a fine on a complaint
11-9 involving a violation of a traffic law.
11-10 (b) <A political subdivision may contract with the
11-11 Department of Public Safety to provide the agency with information
11-12 necessary for the agency to revoke the driver's license, permit, or
11-13 privilege of a person for whom a warrant of arrest is outstanding
11-14 for failure to appear or pay a fine on a complaint involving a
11-15 violation of a traffic law.>
11-16 <(c)> A contract under this section must be made in
11-17 accordance with Chapter 791, Government Code <The Interlocal
11-18 Cooperation Act (Article 4413(32c), Vernon's Texas Civil
11-19 Statutes)>. A contract made under this section is subject to the
11-20 ability of the parties to provide or pay for the services required
11-21 under the contract.
11-22 Sec. 3. Warning on Citation. (a) If a political
11-23 subdivision has contracted with a county or state agency under this
11-24 article, a peace officer who is authorized to issue citations in
11-25 the political subdivision shall issue a written warning to each
12-1 person to whom the officer issues a citation for a violation of a
12-2 traffic law in the political subdivision.
12-3 (b) If a contract is made under <Subsection (a) of> Section
12-4 2 of this article, the warning must state that if the person fails
12-5 to appear in court, as provided by law, for the prosecution of the
12-6 offense or to pay a fine for the violation, the person might not be
12-7 permitted to register or reregister a motor vehicle in this state.
12-8 (c) <If a contract is made under Subsection (b) of Section 2
12-9 of this article, the warning must state that:>
12-10 <(1) if the person has a driver's license or permit
12-11 and the person fails to appear in court, as provided by law, for
12-12 the prosecution of the offense or to pay a fine for the violation,
12-13 the license or permit is subject to revocation; and>
12-14 <(2) if the person does not have a driver's license
12-15 but is driving under a privilege authorized by state law, and the
12-16 person fails to appear in court, as provided by law, for the
12-17 prosecution of the offense or to pay a fine for the violation:>
12-18 <(A) the person's privilege to operate a motor
12-19 vehicle is subject to revocation; and>
12-20 <(B) the person may become ineligible to be
12-21 issued a driver's license in this state.>
12-22 <(d) If a contract is made under both Subsections (a) and
12-23 (b) of Section 2 of this article, the warning must contain all the
12-24 information required by Subsections (b) and (c) of this section.>
12-25 <(e)> A written warning issued under this section may be
13-1 printed on the same instrument as the citation.
13-2 SECTION 6. Subsection (a), Section 4, Article 6687c, Revised
13-3 Statutes, is amended to read as follows:
13-4 (a) If a political subdivision has contracted under this
13-5 article with the county in which the subdivision is located or the
13-6 Texas <State> Department of <Highways and Public> Transportation,
13-7 on receiving the necessary information from the political
13-8 subdivision, the tax assessor-collector of that county or the
13-9 department may refuse to register or reregister a motor vehicle
13-10 that is owned by a person for whom a warrant of arrest issued by
13-11 that political subdivision is outstanding for failure to appear or
13-12 pay a fine on a complaint involving a violation of a traffic law.
13-13 SECTION 7. Section 5, Article 6687c, Revised Statutes, is
13-14 repealed.
13-15 SECTION 8. Section 1c, Chapter 302, Acts of the 55th
13-16 Legislature, Regular Session, 1957 (Article 6701l-4, Vernon's Texas
13-17 Civil Statutes), is amended to read as follows:
13-18 Sec. 1c. Nonappearance. A court shall report to the
13-19 Department of Public Safety any minor charged with a traffic
13-20 offense under this Act who does not appear before the court as
13-21 required by law. In addition to any other action or remedy
13-22 provided by law, the department may deny renewal of the minor's
13-23 driver's license as provided by Article 6687d, Revised Statutes,
13-24 and Section 28A, Chapter 173, Acts of the 47th Legislature, Regular
13-25 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes). A
14-1 court that has filed a report under this section shall report to
14-2 the Department of Public Safety on final disposition of the case.
14-3 SECTION 9. (a) The change in law made by this Act applies
14-4 only to an offense occurring on or after the effective date of this
14-5 Act. For purposes of this section, an offense is committed before
14-6 the effective date of this Act if any element of the offense occurs
14-7 before that date.
14-8 (b) An offense committed before the effective date of this
14-9 Act is covered by the law in effect when the offense was committed,
14-10 and the former law is continued in effect for that purpose.
14-11 SECTION 10. This Act takes effect September 1, 1995.
14-12 SECTION 11. The importance of this legislation and the
14-13 crowded condition of the calendars in both houses create an
14-14 emergency and an imperative public necessity that the
14-15 constitutional rule requiring bills to be read on three several
14-16 days in each house be suspended, and this rule is hereby suspended.