By: Brown S.B. No. 881
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the denial of the renewal of the driver's license of
1-2 persons who violate their promise to appear on certain offenses or
1-3 who fail to pay the fine for certain offenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1, Article 6687d, Revised Statutes, is
1-6 amended by amending Subdivision (5) and adding Subdivisions (6),
1-7 (7), (8), and (9) to read as follows:
1-8 (5) "Traffic law" means a statute or ordinance, a
1-9 violation of which is a misdemeanor punishable by a fine in an
1-10 amount [that may] not to exceed $1,000, that:
1-11 (A) regulates an operator's [a driver's] conduct
1-12 or condition while operating a motor vehicle in a public place or
1-13 on a highway or street;
1-14 (B) regulates[, or] the condition of a motor
1-15 vehicle while it is being operated[,] on a street[, road,] or
1-16 highway;
1-17 (C) relates to the driver's license status of an
1-18 operator while operating a motor vehicle on a street or highway; or
1-19 (D) relates to the registration status of a
1-20 motor vehicle while it is being operated on a street or highway [of
1-21 this state].
1-22 (6) "Highway or street" has the meaning assigned by
1-23 Section 541.302, Transportation Code.
2-1 (7) "Motor vehicle" has the meaning assigned by
2-2 Section 541.201, Transportation Code.
2-3 (8) "Operator" has the meaning assigned by Section
2-4 541.001, Transportation Code.
2-5 (9) "Public place" has the meaning assigned by Section
2-6 1.07, Penal Code.
2-7 SECTION 2. Subsection (a), Section 2, Article 6687d, Revised
2-8 Statutes, is amended to read as follows:
2-9 (a) A political subdivision may contract with the department
2-10 to provide information necessary for the department to deny renewal
2-11 of the driver's license of a person who has failed to appear for a
2-12 complaint, citation, or court order to pay a fine involving:
2-13 (1) a violation of a traffic law; or
2-14 (2) an offense under:
2-15 (A) Section 38.10, Penal Code, if the underlying
2-16 offense is a traffic offense; or
2-17 (B) Section 543.009(b) or 543.107(b),
2-18 Transportation Code.
2-19 SECTION 3. Subsections (a), (b), and (c), Section 4, Article
2-20 6687d, Revised Statutes, are amended to read as follows:
2-21 (a) If a political subdivision has contracted under this
2-22 article with the department, on receiving the necessary information
2-23 from the political subdivision, the department may deny renewal of
2-24 the person's driver's license for failure to appear based on a
2-25 complaint, citation, or court order to pay a fine involving a
3-1 violation of a traffic law or an offense described by Section
3-2 2(a)(2) of this article. The information must include the name,
3-3 date of birth, and driver's license number of the alleged violator,
3-4 the nature and date of the alleged violation, a statement that the
3-5 person failed to appear as required by law for a traffic violation
3-6 or an offense described by Section 2(a)(2) of this article, and any
3-7 other information required by the department.
3-8 (b) A political subdivision shall notify the department that
3-9 there is no cause to continue to deny renewal of a person's
3-10 driver's license based on the person's previous failure to appear
3-11 for a traffic violation or an offense described by Section 2(a)(2)
3-12 of this article, on payment of a fee as provided by this article
3-13 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 or an offense described by Section
4-5 2(a)(2) of this article, the political subdivision shall require
4-6 the person to pay an administrative fee of $30 for each violation
4-7 for which the defendant failed to appear, in addition to any other
4-8 fees required by law.
4-9 SECTION 4. This Act takes effect September 1, 1997.
4-10 SECTION 5. The importance of this legislation and the
4-11 crowded condition of the calendars in both houses create an
4-12 emergency and an imperative public necessity that the
4-13 constitutional rule requiring bills to be read on three several
4-14 days in each house be suspended, and this rule is hereby suspended.