By: Montford S.B. No. 1504
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the authority of political subdivisions to contract
1-2 with the Department of Public Safety to assist in the enforcement
1-3 of outstanding warrants of arrest for the failure to appear for
1-4 certain traffic offenses, and authorizing the department to
1-5 contract with a private vendor to facilitate such contracts.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 22(b)(12), Article 6687b, Revised
1-8 Statutes, is repealed.
1-9 SECTION 2. Section 28A, Article 6687b, Revised Statutes, is
1-10 amended to read as follows:
1-11 Sec. 28A. Authority to Deny Renewal of License. <Refusal to
1-12 Issue License. After a hearing in the manner provided by Section
1-13 22 of this Act, the> The Department is authorized to deny renewal
1-14 of the driver's license <revoke the driving privilege> of a person
1-15 who was issued a warning by a peace officer employed either by the
1-16 Department or by a state agency or political subdivision that has
1-17 contracted with the Department under Article 6687d <6687c>, Revised
1-18 Statutes, and for whom the Department has received the information
1-19 required by that article. <If the Department revokes a driving
1-20 privilege as provided by this section, the Department shall
1-21 prohibit the person from obtaining a driver's license.> A denial
1-22 of renewal <prohibition> expires on notification of the Department
1-23 by a political subdivision under Subsection (b), Section 4 <5>,
2-1 Article 6687d <6687c>, Revised Statutes, <to reinstate the person's
2-2 driving privilege> that there is no longer cause to continue to
2-3 deny the renewal based upon that person's previous failure to
2-4 appear.
2-5 SECTION 3. Section 34(a), Article 6687b, Revised Statutes,
2-6 is amended to read as follows:
2-7 (a) A person commits an offense if the person operates a
2-8 motor vehicle on a highway:
2-9 (1) after the person's driver's license has been
2-10 cancelled under this Act and the person does not have a valid
2-11 license that was subsequently issued under this Act;
2-12 (2) during a period that a suspension or revocation,
2-13 imposed under this Act, Chapter 434, Acts of the 61st Legislature,
2-14 Regular Session, 1969 (Article 6701l-5, Vernon's Texas Civil
2-15 Statutes), or Article 6687b-1, Revised Statutes, of the person's
2-16 driver's license or privilege is in effect; <or>
2-17 (3) while the person's driver's license is expired, if
2-18 the license expired during a period of suspension imposed under
2-19 this Act, Chapter 434, Acts of the 61st Legislature, Regular
2-20 Session, 1969 (Article 6701l-5, Vernon's Texas Civil Statutes), or
2-21 Article 6687b-1, Revised Statutes, or Article 42.12, Code of
2-22 Criminal Procedure; or
2-23 (4) after renewal of the person's driver's license has
2-24 been denied under Article 6687d, Revised Statutes, and the person
2-25 does not have a valid license that was subsequently issued under
3-1 this Act.
3-2 SECTION 4. Article 6687c, Revised Statutes, is amended to
3-3 read as follows:
3-4 Sec. 1. Definitions. In this article:
3-5 (1) "Political subdivision" means a home-rule city
3-6 <with a population of not less than 150,000, according to the most
3-7 recent federal census>.
3-8 (2) "Traffic law" means a statute or ordinance, a
3-9 violation of which is a misdemeanor punishable by a fine in an
3-10 amount that may not exceed $200, that regulates a driver's conduct
3-11 or condition while operating a motor vehicle, or the condition of a
3-12 motor vehicle while it is being operated, on a street, road, or
3-13 highway of this state.
3-14 Sec. 2. Authority to Contract. (a) A political subdivision
3-15 may contract with the county in which the subdivision is located or
3-16 the <State Department of Highways and Public> Texas Department of
3-17 Transportation to provide the county or agency with information
3-18 necessary for the county, with the consent of the tax
3-19 assessor-collector, or agency to refuse to register or reregister a
3-20 motor vehicle owned by a person for whom a warrant of arrest is
3-21 outstanding for failure to appear or pay a fine on a complaint
3-22 involving a violation of a traffic law.
3-23 (b) <A political subdivision may contract with the
3-24 Department of Public Safety to provide the agency with information
3-25 necessary for the agency to revoke the driver's license, permit, or
4-1 privilege of a person for whom a warrant of arrest is outstanding
4-2 for failure to appear or pay a fine on a complaint involving a
4-3 violation of a traffic law.>
4-4 <(c)> A contract under this section must be made in
4-5 accordance with The Interlocal Cooperation Act <(Article 4413(32c),
4-6 Vernon's Texas Civil Statutes)> (Chapter 791, Government Code). A
4-7 contract made under this section is subject to the ability of the
4-8 parties to provide or pay for the services required under the
4-9 contract.
4-10 Sec. 3. Warning on Citation. (a) If a political
4-11 subdivision has contracted with a county or state agency under this
4-12 article, a peace officer who is authorized to issue citations in
4-13 the political subdivision shall issue a written warning to each
4-14 person to whom the officer issues a citation for a violation of a
4-15 traffic law in the political subdivision.
4-16 (b) If a contract is made under <Subsection (a) of> Section
4-17 2 of this article, the warning must state that if the person fails
4-18 to appear in court, as provided by law, for the prosecution of the
4-19 offense or to pay a fine for the violation, the person might not be
4-20 permitted to register or reregister a motor vehicle in this state.
4-21 (c) <If a contract is made under Subsection (b) of Section 2
4-22 of this article, the warning must state that:>
4-23 <(1) if the person has a driver's license or permit
4-24 and the person fails to appear in court, as provided by law, for
4-25 the prosecution of the offense or to pay a fine for the violation,
5-1 the license or permit is subject to revocation; and>
5-2 <(2) if the person does not have a driver's license
5-3 but is driving under a privilege authorized by state law, and the
5-4 person fails to appear in court, as provided by law, for the
5-5 prosecution of the offense or to pay a fine for the violation:>
5-6 <(A) the person's privilege to operate a motor
5-7 vehicle is subject to revocation; and>
5-8 <(B) the person may become ineligible to be
5-9 issued a driver's license in this state.>
5-10 <(d) If a contract is made under both Subsections (a) and
5-11 (b) of Section 2 of this article, the warning must contain all the
5-12 information required by Subsections (b) and (c) of this section.>
5-13 <(e)> A written warning issued under this section may be
5-14 printed on the same instrument as the citation.
5-15 Sec. 4. Refusal of Annual Registration. (a) If a political
5-16 subdivision has contracted under this article with the county in
5-17 which the subdivision is located or the <State Department of
5-18 Highways and Public> Texas Department of Transportation, on
5-19 receiving the necessary information from the political subdivision,
5-20 the tax assessor-collector of that county or the department may
5-21 refuse to register or reregister a motor vehicle that is owned by a
5-22 person for whom a warrant of arrest issued by that political
5-23 subdivision is outstanding for failure to appear or pay a fine on a
5-24 complaint involving a violation of a traffic law.
5-25 (b) A political subdivision shall notify the county or the
6-1 department regarding a person for whom the tax assessor-collector
6-2 of that county or the department has refused to register or
6-3 reregister a motor vehicle on:
6-4 (1) the entry of a judgment against the person and the
6-5 person's payment to the court of the fine owed for the violation
6-6 and all court costs imposed by the court;
6-7 (2) the perfection of an appeal of the case for which
6-8 the warrant of arrest was issued; or
6-9 (3) the dismissal of the charges for which the warrant
6-10 of arrest was issued.
6-11 (c) After a notice is received under Subsection (b) of this
6-12 section, the person who is the subject of the notice is entitled to
6-13 register or reregister a motor vehicle.
6-14 <Sec. 5. Revocation of Driver's License or Permit. (a) If
6-15 a political subdivision has contracted under this article with the
6-16 Department of Public Safety, on receiving the necessary information
6-17 from the political subdivision, the department may begin
6-18 proceedings to revoke the driver's license or permit of a person or
6-19 revoke the driving privilege of and prohibit the obtaining of a
6-20 driver's license in this state by a person for whom a warrant of
6-21 arrest issued by that political subdivision is outstanding for
6-22 failure to appear or pay a fine on a complaint involving a
6-23 violation of a traffic law.>
6-24 <(b) A political subdivision shall notify the Department of
6-25 Public Safety to reinstate a person's driver's license, permit, or
7-1 driving privilege that was revoked under this section, if the
7-2 license, permit, or privilege has not expired, on:>
7-3 <(1) the entry of a judgment against the person and
7-4 the person's payment to the court of the fine owed for the
7-5 violation and all court costs imposed by the court;>
7-6 <(2) the perfection of an appeal of the case for which
7-7 the warrant of arrest was issued; or>
7-8 <(3) the dismissal of the charges for which the
7-9 warrant of arrest was issued.>
7-10 SECTION 5. Article 6687d, Revised Statutes, is enacted to
7-11 read as follows:
7-12 Art. 6687d. Denial of Renewal of License for Failure to
7-13 Appear
7-14 Sec 1. Definitions. In this article:
7-15 (1) "Complaint" has the meaning assigned in Article
7-16 45.01, Code of Criminal Procedure, or other lawful written notice
7-17 of an offense as provided in Article 27.14(d), Code of Criminal
7-18 Procedure.
7-19 (2) "Department" means the Department of Public
7-20 Safety.
7-21 (3) "Political subdivision" means a city, county, or
7-22 state agency, and includes the Department of Public Safety.
7-23 (4) "Traffic law" means a statute or ordinance, a
7-24 violation of which is a misdemeanor punishable by a fine in an
7-25 amount that may not exceed $1,000, that regulates a driver's
8-1 conduct or condition while operating a motor vehicle, or the
8-2 condition of a motor vehicle while it is being operated, on a
8-3 street, road, or highway of this state.
8-4 Sec. 2. Authority to Contract. (a) A political subdivision
8-5 may contract with the department to provide information necessary
8-6 for the department to deny renewal of the driver's license of a
8-7 person who has failed to appear for a complaint involving a
8-8 violation of a traffic law.
8-9 (b) A contract under this section must be made in accordance
8-10 with The Interlocal Cooperation Act (Chapter 791, Government Code).
8-11 A contract made under this section is subject to the ability of the
8-12 parties to provide or pay for the services required under the
8-13 contract.
8-14 Sec. 3. Warning on Citation. (a) If a political
8-15 subdivision has contracted with the department under this article,
8-16 a peace officer who is authorized to issue citations in the
8-17 jurisdiction of the political subdivision shall issue a written
8-18 warning to each person to whom the officer issues a citation for a
8-19 violation of a traffic law in the jurisdiction of the political
8-20 subdivision. This warning shall be in addition to any other
8-21 warnings required by law. The warning must state in substance that
8-22 if the person fails to appear in court, as provided by law, for the
8-23 prosecution of the offense, the person may be denied renewal of the
8-24 person's driver's license.
8-25 (b) A written warning issued under this section may be
9-1 printed on the same instrument as the citation.
9-2 Sec. 4. Denial of Renewal of Driver's License; Disposition
9-3 of Fees. (a) If a political subdivision has contracted under this
9-4 article with the department, on receiving the necessary information
9-5 from the political subdivision, the department may deny renewal of
9-6 the person's driver's license for failure to appear based on a
9-7 complaint involving a violation of a traffic law. Such information
9-8 shall include the name, date of birth, and driver's license number
9-9 of the alleged violator, the nature and date of the alleged
9-10 violation, a statement that the person failed to appear as required
9-11 by law for a traffic violation, and any other information required
9-12 by the department.
9-13 (b) A political subdivision shall notify the department that
9-14 there is no cause to continue to deny renewal of a person's
9-15 driver's license based on the person's previous failure to appear
9-16 for a traffic violation, on payment of a fee as provided by this
9-17 article and:
9-18 (1) the entry of a judgment against the person;
9-19 (2) the perfection of an appeal of the case for which
9-20 the warrant of arrest was issued;
9-21 (3) the dismissal of the charges for which the warrant
9-22 of arrest was issued; or
9-23 (4) acquittal of the charge on which the person failed
9-24 to appear.
9-25 (c) Unless a person has been acquitted of the underlying
10-1 traffic offense for which he failed to appear, the political
10-2 subdivision shall require the person to pay an administrative fee
10-3 of $30.00 for each violation for which the defendant failed to
10-4 appear, in addition to any other fees required by law.
10-5 (d) An officer collecting fees due under this article shall
10-6 keep separate records of the funds collected under this article and
10-7 shall deposit the funds in the appropriate municipal or county
10-8 treasury. The custodian of the municipal or county treasury may
10-9 deposit fees collected under this article in an interest-bearing
10-10 account and retain for the municipality or county the interest
10-11 earned thereon. The custodian shall keep records of funds received
10-12 and disbursed under this article and shall provide a yearly report
10-13 of all funds received and disbursed to the comptroller, to the
10-14 department, and to other agencies as provided by interlocal
10-15 contract. The comptroller shall approve the form of the report.
10-16 The custodian of a municipal or county treasury shall remit $20.00
10-17 of each fee collected under this article to the comptroller on or
10-18 before the last day of the month of each calendar quarter, and
10-19 retain $10.00 of each fee collected under this article to the
10-20 credit of the general revenue of the municipal or county treasury.
10-21 (e) The comptroller shall deposit $10.00 of each fee
10-22 collected under this article to the credit of the department for
10-23 its use in the implementation of this article. The remainder of
10-24 all funds received under this article shall be deposited to the
10-25 credit of the general revenue fund.
11-1 Sec. 5. Authority of Department to Contract with Private
11-2 Vendor. The department is authorized to contract with a private
11-3 vendor to implement this article. The vendor performing a contract
11-4 under this article may be compensated by political subdivisions
11-5 which have contracted with the department under this article.
11-6 Except for actions taken based on citations issued by peace
11-7 officers employed by the department, the vendor may not be
11-8 compensated by state funds. The vendor shall be required to
11-9 establish and maintain customer support services as directed by the
11-10 department, including a toll-free telephone service line to answer
11-11 and resolve questions from persons who are denied renewal of
11-12 license under this article. The vendor shall be required to comply
11-13 with terms, policies, and administrative rules established by the
11-14 department to administer this article.
11-15 Sec. 6. Immunity from Suit and from Damages. A cause of
11-16 action for damages may not be brought against the state, including
11-17 a state agency and political subdivisions, and the state may not be
11-18 held liable in damages based on denial of renewal of a driver's
11-19 license or any other act or omission under this article.
11-20 Sec. 7. Adoption of Rules. The department is authorized to
11-21 adopt rules as necessary to implement this article.
11-22 SECTION 6. Section 1c, Article 6701l-4, Revised Statutes, is
11-23 amended to read as follows:
11-24 Sec. 1c. Nonappearance. A court shall report to the
11-25 Department of Public Safety any minor charged with a traffic
12-1 offense under this Act who does not appear before the court as
12-2 required by law. In addition to any other action or remedy
12-3 provided by law, the department may deny renewal of the minor's
12-4 driver's license as provided by Article 6687d, Revised Statutes,
12-5 and Section 28A of Article 6687b. A court that has filed a report
12-6 under this section shall report to the Department of Public Safety
12-7 on final disposition of the case.
12-8 SECTION 7. This Act takes effect January 1, 1996. The
12-9 department may not deny renewal of a license for any offense or
12-10 failure to appear which occurs prior to January 1, 1996.
12-11 SECTION 8. The importance of this legislation and the
12-12 crowded condition of the calendars in both houses create an
12-13 emergency and an imperative public necessity that the
12-14 constitutional rule requiring bills to be read on three several
12-15 days in each house be suspended, and this rule is hereby suspended.