JWW H.B. 1115 75(R)BILL ANALYSIS


PUBLIC SAFETY
H.B. 1115
By: Oakley
4-16-97
Committee Report (Unamended)



BACKGROUND 

During the 74th session of the Texas state legislature, Senator Montford
authored Senate Bill 1504.  S.B. 1504 authorized the Texas Department of
Public Safety (DPS) to establish a statewide database of all outstanding
arrest warrants issued for failure to appear for traffic law violations.
Senator Montford's bill links city, county and state outstanding arrest
warrants into one central database.  

As a result of the passage of S.B. 1504, DPS can obtain not only state
warrants, but city and county warrant information on a person applying for
a drivers' license renewal.  The program is proving to be effective in
getting fines collected for cities and counties.  Failure to pay these
fines results in denial of license renewal. 

Upon implementation of the program, it was discovered that certain
offenses were inadvertently omitted.  This bill addresses failure to
appear situations that were not included in the current database
information. 

PURPOSE

This bill will provide for "bail jumping and failure to appear", "promise
to appear", and "failure to present evidence of a course completion", to
be included into the central database. 
 
RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1 Amends Section 1(5), Article 6687d, Revised Statutes, as follows:

  (5)  Existing Subsection (5) becomes (5)(A).  Expands the definition of
"Traffic   law" to include license status and registration of motor
vehicles being operated in   a public place. 

  (B)  This subsection is added to include an offense under Section 38.10,
Penal   Code, which addresses bail jumping and failure to appear. 

  (C)  This subsection is added to include offenses under Sections 543.009
or   543.107(b), Transportation Code.  These refer to a written promise to
appear and   failure to present evidence of a course completion. 

SECTION 2 This Act applies only to an offense occurring on or after the
effective date. 

SECTION 3 Effective Date: September 1, 1997.

SECTION 4 Emergency Clause.