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 * * * * *