1-1  By:  Montford                                         S.B. No. 1504
    1-2        (In the Senate - Filed March 13, 1995; March 21, 1995, read
    1-3  first time and referred to Committee on State Affairs;
    1-4  April 24, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 9, Nays 0; April 24, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 1504               By:  Wentworth
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to failure to appear on a complaint, citation, or court
   1-11  order to pay a fine for a violation of a traffic law.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Chapter 1, Title 116, Revised Statutes, is
   1-14  amended by adding Article 6687d to read as follows:
   1-15        Art. 6687d.  DENIAL OF RENEWAL OF LICENSE FOR FAILURE TO
   1-16  APPEAR
   1-17        Sec. 1.  DEFINITIONS.  In this article:
   1-18              (1)  "Complaint" means a notice of an offense as
   1-19  described by Article 27.14(d) or 45.01, Code of Criminal Procedure.
   1-20              (2)  "Department" means the Department of Public Safety
   1-21  of the State of Texas.
   1-22              (3)  "Driver's license" has the meaning assigned by
   1-23  Section 1, Chapter 173, Acts of the 47th Legislature, Regular
   1-24  Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes).
   1-25              (4)  "Political subdivision" means a municipality or
   1-26  county.
   1-27              (5)  "Traffic law" means a statute or ordinance, a
   1-28  violation of which is a misdemeanor punishable by a fine in an
   1-29  amount that may not exceed $1,000, that regulates a driver's
   1-30  conduct or condition while operating a motor vehicle, or the
   1-31  condition of a motor vehicle while it is being operated, on a
   1-32  street, road, or highway of this state.
   1-33        Sec. 2.  AUTHORITY TO CONTRACT.  (a)  A political subdivision
   1-34  may contract with the department to provide information necessary
   1-35  for the department to deny renewal of the driver's license of a
   1-36  person who has failed to appear for a complaint, citation, or court
   1-37  order to pay a fine involving a violation of a traffic law.
   1-38        (b)  A contract under this section must be made in accordance
   1-39  with Chapter 791, Government Code.  A contract made under this
   1-40  section is subject to the ability of the parties to provide or pay
   1-41  for the services required under the contract.
   1-42        Sec. 3.  WARNING ON CITATION.  (a)  If a political
   1-43  subdivision has contracted with the department under this article,
   1-44  a peace officer who is authorized to issue citations in the
   1-45  jurisdiction of the political subdivision shall issue a written
   1-46  warning to each person to whom the officer issues a citation for a
   1-47  violation of a traffic law in the jurisdiction of the political
   1-48  subdivision.  The warning is in addition to any other warning
   1-49  required by law.  The warning must state in substance that if the
   1-50  person fails to appear in court as provided by law for the
   1-51  prosecution of the offense, the person may be denied renewal of the
   1-52  person's driver's license.
   1-53        (b)  A written warning required by this section may be
   1-54  printed on the same instrument as the citation.
   1-55        Sec. 4.  DENIAL OF RENEWAL OF DRIVER'S LICENSE; DISPOSITION
   1-56  OF FEES.  (a)  If a political subdivision has contracted under this
   1-57  article with the department, on receiving the necessary information
   1-58  from the political subdivision, the department may deny renewal of
   1-59  the person's driver's license for failure to appear based on a
   1-60  complaint, citation, or court order to pay a fine involving a
   1-61  violation of a traffic law.  The information must include the name,
   1-62  date of birth, and driver's license number of the alleged violator,
   1-63  the nature and date of the alleged violation, a statement that the
   1-64  person failed to appear as required by law for a traffic violation,
   1-65  and any other information required by the department.
   1-66        (b)  A political subdivision shall notify the department that
   1-67  there is no cause to continue to deny renewal of a person's
   1-68  driver's license based on the person's previous failure to appear
    2-1  for a traffic violation, on payment of a fee as provided by this
    2-2  article and:
    2-3              (1)  the entry of a judgment against the person;
    2-4              (2)  the perfection of an appeal of the case for which
    2-5  the warrant of arrest was issued;
    2-6              (3)  the dismissal of the charges for which the warrant
    2-7  of arrest was issued;
    2-8              (4)  acquittal of the charges on which the person
    2-9  failed to appear;
   2-10              (5)  the posting of bond or the giving of other
   2-11  security to reinstate the charges for which the warrant was issued;
   2-12  or
   2-13              (6)  the payment of fines owed on an outstanding court
   2-14  order to pay a fine.
   2-15        (c)  Unless a person has been acquitted of the underlying
   2-16  traffic offense for which the person failed to appear for a
   2-17  complaint, citation, or court order to pay a fine involving a
   2-18  violation of a traffic law, the political subdivision shall require
   2-19  the person to pay an administrative fee of $30 for each violation
   2-20  for which the defendant failed to appear, in addition to any other
   2-21  fees required by law.
   2-22        (d)  An officer collecting fees due under this article shall
   2-23  keep separate records of the funds collected under this article and
   2-24  shall deposit the funds in the appropriate municipal or county
   2-25  treasury.  The custodian of the municipal or county treasury may
   2-26  deposit fees collected under this article in an interest-bearing
   2-27  account and retain for the municipality or county the interest
   2-28  earned on the account.  The custodian shall keep records of funds
   2-29  received and disbursed under this article and shall provide a
   2-30  yearly report of all funds received and disbursed to the
   2-31  comptroller, to the department, and to other entities as provided
   2-32  by interlocal contract.  The comptroller shall approve the form of
   2-33  the report.
   2-34        (e)  The custodian of a municipal or county treasury shall
   2-35  remit $20 of each fee collected under this article to the
   2-36  comptroller on or before the last day of each calendar quarter and
   2-37  retain $10 of each fee collected under this article for deposit to
   2-38  the credit of the general fund of the municipal or county treasury.
   2-39  The comptroller shall deposit $10 of each fee collected under this
   2-40  article to the credit of the department for its use in the
   2-41  implementation of this article.  The remainder of all amounts
   2-42  received by the comptroller under this article shall be deposited
   2-43  to the credit of the general revenue fund.
   2-44        Sec. 5.  CONTRACT WITH PRIVATE VENDOR.  The department may
   2-45  contract with a private vendor to implement this article.  The
   2-46  vendor performing a contract under this article may be compensated
   2-47  by political subdivisions that have contracted with the department
   2-48  under this article.  Except for an action taken based on a citation
   2-49  issued by a peace officer employed by the department, the vendor
   2-50  may not be compensated by state funds.  A vendor must establish and
   2-51  maintain customer support services as directed by the department,
   2-52  including a toll-free telephone service line to answer and resolve
   2-53  questions from persons who are denied renewal of a driver's license
   2-54  under this article.  The vendor shall comply with terms, policies,
   2-55  and administrative rules established by the department to
   2-56  administer this article.
   2-57        Sec. 6.  IMMUNITY FROM SUIT AND DAMAGES.  A cause of action
   2-58  for damages may not be brought against the state or a political
   2-59  subdivision, and the state or political subdivision may not be held
   2-60  liable in damages based on denial of renewal of a driver's license
   2-61  or any other act or omission under this article.
   2-62        Sec. 7.  RULES.  The department may adopt rules to implement
   2-63  this article.
   2-64        SECTION 2.  Subsection (b), Section 22, Chapter 173, Acts of
   2-65  the 47th Legislature, Regular Session, 1941 (Article 6687b,
   2-66  Vernon's Texas Civil Statutes), is amended to read as follows:
   2-67        (b)  Except for the fifth (5th), eleventh (11th), thirteenth
   2-68  (13th) <twelfth (12th)>, fourteenth (14th), and fifteenth (15th)<,
   2-69  and sixteenth (16th)> listed grounds in this subsection, for which
   2-70  the director has authority to revoke a license, the authority to
    3-1  suspend the license of any driver as authorized in this Section is
    3-2  granted the director upon determining that the person:
    3-3              (1)  has operated a motor vehicle on a highway while
    3-4  the person's license was suspended, revoked, canceled,
    3-5  disqualified, or denied;
    3-6              (2)  has been responsible as a driver for any accident
    3-7  resulting in death;
    3-8              (3)  is an habitual reckless or negligent driver of a
    3-9  motor vehicle;
   3-10              (4)  is an habitual violator of the traffic law.
   3-11        The term "habitual violator" as used herein, shall mean any
   3-12  person with four (4) or more convictions arising out of different
   3-13  transactions in a consecutive period of twelve (12) months, or
   3-14  seven (7) or more convictions arising out of different transactions
   3-15  within a period of twenty-four (24) months, such convictions being
   3-16  for moving violations of the traffic laws of any state or its
   3-17  political subdivisions other than a violation of:
   3-18                    (A)  Section 3 or 5, Chapter 42, General Laws,
   3-19  Acts of the 41st Legislature, 2nd Called Session, 1929 (Article
   3-20  6701d-11, Vernon's Texas Civil Statutes);
   3-21                    (B)  Chapter 293, Acts of the 53rd Legislature,
   3-22  Regular Session, 1953 (Article 6701d-12, Vernon's Texas Civil
   3-23  Statutes);
   3-24                    (C)  Chapter 608, Acts of the 65th Legislature,
   3-25  Regular Session, 1977 (Article 6701d-12a, Vernon's Texas Civil
   3-26  Statutes);
   3-27                    (D)  Chapter 73, Acts of the 54th Legislature,
   3-28  Regular Session, 1955 (Article 6701d-13, Vernon's Texas Civil
   3-29  Statutes);
   3-30                    (E)  Chapter 212, Acts of the 56th Legislature,
   3-31  Regular Session, 1959 (Article 6701d-14, Vernon's Texas Civil
   3-32  Statutes);
   3-33                    (F)  Chapter 8, Acts of the 62nd Legislature,
   3-34  Regular Session, 1971 (Article 6701d-17, Vernon's Texas Civil
   3-35  Statutes); or
   3-36                    (G)  Section 107C, Uniform Act Regulating Traffic
   3-37  on Highways (Article 6701d, Vernon's Texas Civil Statutes);
   3-38              (5)  is incapable of safely driving a motor vehicle;
   3-39              (6)  has permitted an unlawful or fraudulent use of
   3-40  such license;
   3-41              (7)  has committed an offense in another state, which
   3-42  if committed in this State would be grounds for suspension or
   3-43  revocation;
   3-44              (8)  has violated a restriction or endorsement imposed
   3-45  on the use of the license;
   3-46              (9)  has been responsible as a driver for any accident
   3-47  resulting in serious personal injury or serious property damage;
   3-48              (10)  is the holder of a provisional license under
   3-49  Section 11A of this Act and has been convicted of two (2) or more
   3-50  moving violations committed within a period of twelve (12) months;
   3-51              (11)  has not complied with the terms of a citation
   3-52  issued by a jurisdiction that is a member of the Nonresident
   3-53  Violator Compact of 1977 for a violation to which the compact
   3-54  applies;
   3-55              (12)  <has a warrant of arrest outstanding, for failure
   3-56  to appear or pay a fine on a complaint, that is issued by a
   3-57  political subdivision that has contracted with the Department under
   3-58  Article 6687c, Revised Statutes;>
   3-59              <(13)>  has committed an offense under Section 186,
   3-60  Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
   3-61  Texas Civil Statutes);
   3-62              (13) <(14)>  has failed to provide medical records or
   3-63  has failed to undergo medical or other examinations as required by
   3-64  a panel of the Medical Advisory Board;
   3-65              (14) <(15)>  has failed to take, or failed to pass, any
   3-66  examination required by the director under this Act; or
   3-67              (15) <(16)>  has been reported by a court under Section
   3-68  1c or 2(a), Chapter 302, Acts of the 55th Legislature, Regular
   3-69  Session, 1957 (Article 6701l-4, Vernon's Texas Civil Statutes), for
   3-70  failure to appear or default in payment of a fine unless the court
    4-1  has filed an additional report on final disposition of the case.
    4-2        SECTION 3.  Section 28A, Chapter 173, Acts of the 47th
    4-3  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
    4-4  Civil Statutes), is amended to read as follows:
    4-5        Sec. 28A.  AUTHORITY TO DENY RENEWAL OF <REFUSAL TO ISSUE>
    4-6  LICENSE.  The <After a hearing in the manner provided by Section 22
    4-7  of this Act, the> Department is authorized to deny renewal of the
    4-8  driver's license <revoke the driving privilege> of a person who was
    4-9  issued a warning by a peace officer as provided by <employed by a
   4-10  state agency or by a political subdivision that has contracted with
   4-11  the Department under> Article 6687d <6687c>, Revised Statutes, and
   4-12  for whom the Department has received the information required by
   4-13  that article.  A denial of renewal <If the Department revokes a
   4-14  driving privilege as provided by this section, the Department shall
   4-15  prohibit the person from obtaining a driver's license.  A
   4-16  prohibition> expires on notification of the Department by a
   4-17  political subdivision under Subsection (b), Section 4 <5>, Article
   4-18  6687d <6687c>, Revised Statutes, that there is no cause to continue
   4-19  to deny the renewal based on that person's previous failure to
   4-20  appear for a complaint, citation, or court order to pay a fine
   4-21  involving a violation of a traffic law <to reinstate the person's
   4-22  driving privilege>.
   4-23        SECTION 4.  Subsection (a), Section 34, Chapter 173, Acts of
   4-24  the 47th Legislature, Regular Session, 1941 (Article 6687b,
   4-25  Vernon's Texas Civil Statutes), as amended by Chapters 796 and 886,
   4-26  Acts of the 73rd Legislature, 1993, is amended to read as follows:
   4-27        (a)  A person commits an offense if the person operates a
   4-28  motor vehicle on a highway:
   4-29              (1)  after the person's driver's license has been
   4-30  cancelled under this Act and the person does not have a valid
   4-31  license that was subsequently issued under this Act;
   4-32              (2)  during a period that a suspension or revocation,
   4-33  imposed under this Act, Chapter 434, Acts of the 61st Legislature,
   4-34  Regular Session, 1969 (Article 6701l-5, Vernon's Texas Civil
   4-35  Statutes), Article 6687b-1, Revised Statutes, or Article 42.12,
   4-36  Code of Criminal Procedure, of the person's driver's license or
   4-37  privilege is in effect; <or>
   4-38              (3)  while the person's driver's license is expired, if
   4-39  the license expired during a period of suspension imposed under
   4-40  this Act, Chapter 434, Acts of the 61st Legislature, Regular
   4-41  Session, 1969 (Article 6701l-5, Vernon's Texas Civil Statutes),
   4-42  Article 6687b-1, Revised Statutes, or Article 42.12, Code of
   4-43  Criminal Procedure; or
   4-44              (4)  after renewal of the person's driver's license has
   4-45  been denied under Article 6687d, Revised Statutes, and the person
   4-46  does not have a valid driver's license that was subsequently issued
   4-47  under this Act.
   4-48        SECTION 5.  Sections 2 and 3, Article 6687c, Revised
   4-49  Statutes, are amended to read as follows:
   4-50        Sec. 2.  Authority to Contract.  (a)  A political subdivision
   4-51  may contract with the county in which the subdivision is located or
   4-52  the Texas <State> Department of <Highways and Public>
   4-53  Transportation to provide the county or agency with information
   4-54  necessary for the county, with the consent of the tax
   4-55  assessor-collector, or agency to refuse to register or reregister a
   4-56  motor vehicle owned by a person for whom a warrant of arrest is
   4-57  outstanding for failure to appear or pay a fine on a complaint
   4-58  involving a violation of a traffic law.
   4-59        (b)  <A political subdivision may contract with the
   4-60  Department of Public Safety to provide the agency with information
   4-61  necessary for the agency to revoke the driver's license, permit, or
   4-62  privilege of a person for whom a warrant of arrest is outstanding
   4-63  for failure to appear or pay a fine on a complaint involving a
   4-64  violation of a traffic law.>
   4-65        <(c)>  A contract under this section must be made in
   4-66  accordance with Chapter 791, Government Code <The Interlocal
   4-67  Cooperation Act (Article 4413(32c), Vernon's Texas Civil
   4-68  Statutes)>.  A contract made under this section is subject to the
   4-69  ability of the parties to provide or pay for the services required
   4-70  under the contract.
    5-1        Sec. 3.  Warning on Citation.  (a)  If a political
    5-2  subdivision has contracted with a county or state agency under this
    5-3  article, a peace officer who is authorized to issue citations in
    5-4  the political subdivision shall issue a written warning to each
    5-5  person to whom the officer issues a citation for a violation of a
    5-6  traffic law in the political subdivision.
    5-7        (b)  If a contract is made under <Subsection (a) of> Section
    5-8  2 of this article, the warning must state that if the person fails
    5-9  to appear in court, as provided by law, for the prosecution of the
   5-10  offense or to pay a fine for the violation, the person might not be
   5-11  permitted to register or reregister a motor vehicle in this state.
   5-12        (c)  <If a contract is made under Subsection (b) of Section 2
   5-13  of this article, the warning must state that:>
   5-14              <(1)  if the person has a driver's license or permit
   5-15  and the person fails to appear in court, as provided by law, for
   5-16  the prosecution of the offense or to pay a fine for the violation,
   5-17  the license or permit is subject to revocation; and>
   5-18              <(2)  if the person does not have a driver's license
   5-19  but is driving under a privilege authorized by state law, and the
   5-20  person fails to appear in court, as provided by law, for the
   5-21  prosecution of the offense or to pay a fine for the violation:>
   5-22                    <(A)  the person's privilege to operate a motor
   5-23  vehicle is subject to revocation; and>
   5-24                    <(B)  the person may become ineligible to be
   5-25  issued a driver's license in this state.>
   5-26        <(d)  If a contract is made under both Subsections (a) and
   5-27  (b) of Section 2 of this article, the warning must contain all the
   5-28  information required by Subsections (b) and (c) of this section.>
   5-29        <(e)>  A written warning issued under this section may be
   5-30  printed on the same instrument as the citation.
   5-31        SECTION 6.  Subsection (a), Section 4, Article 6687c, Revised
   5-32  Statutes, is amended to read as follows:
   5-33        (a)  If a political subdivision has contracted under this
   5-34  article with the county in which the subdivision is located or the
   5-35  Texas <State> Department of <Highways and Public> Transportation,
   5-36  on receiving the necessary information from the political
   5-37  subdivision, the tax assessor-collector of that county or the
   5-38  department may refuse to register or reregister a motor vehicle
   5-39  that is owned by a person for whom a warrant of arrest issued by
   5-40  that political subdivision is outstanding for failure to appear or
   5-41  pay a fine on a complaint involving a violation of a traffic law.
   5-42        SECTION 7.  Section 5, Article 6687c, Revised Statutes, is
   5-43  repealed.
   5-44        SECTION 8.  Section 1c, Chapter 302, Acts of the 55th
   5-45  Legislature, Regular Session, 1957 (Article 6701l-4, Vernon's Texas
   5-46  Civil Statutes), is amended to read as follows:
   5-47        Sec. 1c.  Nonappearance.  A court shall report to the
   5-48  Department of Public Safety any minor charged with a traffic
   5-49  offense under this Act who does not appear before the court as
   5-50  required by law.  In addition to any other action or remedy
   5-51  provided by law, the department may deny renewal of the minor's
   5-52  driver's license as provided by Article 6687d, Revised Statutes,
   5-53  and Section 28A, Chapter 173, Acts of the 47th Legislature, Regular
   5-54  Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes).  A
   5-55  court that has filed a report under this section shall report to
   5-56  the Department of Public Safety on final disposition of the case.
   5-57        SECTION 9.  (a)  The change in law made by this Act applies
   5-58  only to an offense occurring on or after the effective date of this
   5-59  Act.  For purposes of this section, an offense is committed before
   5-60  the effective date of this Act if any element of the offense occurs
   5-61  before that date.
   5-62        (b)  An offense committed before the effective date of this
   5-63  Act is covered by the law in effect when the offense was committed,
   5-64  and the former law is continued in effect for that purpose.
   5-65        SECTION 10.  This Act takes effect September 1, 1995.
   5-66        SECTION 11.  The importance of this legislation and the
   5-67  crowded condition of the calendars in both houses create an
   5-68  emergency and an imperative public necessity that the
   5-69  constitutional rule requiring bills to be read on three several
   5-70  days in each house be suspended, and this rule is hereby suspended.
    6-1                               * * * * *