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.

1-24                 (7)  "Motor vehicle" has the meaning assigned by

 2-1     Section 541.201, Transportation Code.

 2-2                 (8)  "Operator" has the meaning assigned by Section

 2-3     541.001, Transportation Code.

 2-4                 (9)  "Public place" has the meaning assigned by Section

 2-5     1.07, Penal Code.

 2-6           SECTION 2.  Subsection (a), Section 2, Article 6687d, Revised

 2-7     Statutes, is amended to read as follows:

 2-8           (a)  A political subdivision may contract with the department

 2-9     to provide information necessary for the department to deny renewal

2-10     of the driver's license of a person who has failed to appear for a

2-11     complaint, citation, or court order to pay a fine involving:

2-12                 (1)  a violation of a traffic law; or

2-13                 (2)  an offense under:

2-14                       (A)  Section 38.10, Penal Code, if the underlying

2-15     offense is a traffic offense; or

2-16                       (B)  Section 543.009(b) or 543.107(b),

2-17     Transportation Code.

2-18           SECTION 3.  Subsections (a), (b), and (c), Section 4, Article

2-19     6687d, Revised Statutes, are amended to read as follows:

2-20           (a)  If a political subdivision has contracted under this

2-21     article with the department, on receiving the necessary information

2-22     from the political subdivision, the department may deny renewal of

2-23     the person's driver's license for failure to appear based on a

2-24     complaint, citation, or court order to pay a fine involving a

2-25     violation of a traffic law or an offense described by Section

2-26     2(a)(2) of this article.  The information must include the name,

2-27     date of birth, and driver's license number of the alleged violator,

 3-1     the nature and date of the alleged violation, a statement that the

 3-2     person failed to appear as required by law for a traffic violation

 3-3     or an offense described by Section 2(a)(2) of this article, and any

 3-4     other information required by the department.

 3-5           (b)  A political subdivision shall notify the department that

 3-6     there is no cause to continue to deny renewal of a person's

 3-7     driver's license based on the person's previous failure to appear

 3-8     for a traffic violation or an offense described by Section 2(a)(2)

 3-9     of this article, on payment of a fee as provided by this article

3-10     and:

3-11                 (1)  the entry of a judgment against the person;

3-12                 (2)  the perfection of an appeal of the case for which

3-13     the warrant of arrest was issued;

3-14                 (3)  the dismissal of the charges for which the warrant

3-15     of arrest was issued;

3-16                 (4)  acquittal of the charges on which the person

3-17     failed to appear;

3-18                 (5)  the posting of bond or the giving of other

3-19     security to reinstate the charges for which the warrant was issued;

3-20     or

3-21                 (6)  the payment of fines owed on an outstanding court

3-22     order to pay a fine.

3-23           (c)  Unless a person has been acquitted of the underlying

3-24     [traffic] offense for which the person failed to appear for a

3-25     complaint, citation, or court order to pay a fine involving a

3-26     violation of a traffic law or an offense described by Section

3-27     2(a)(2) of this article, the political subdivision shall require

 4-1     the person to pay an administrative fee of $30 for each violation

 4-2     for which the defendant failed to appear, in addition to any other

 4-3     fees required by law.

 4-4           SECTION 4.  This Act takes effect September 1, 1997.

 4-5           SECTION 5.  The importance of this legislation and the

 4-6     crowded condition of the calendars in both houses create an

 4-7     emergency and an imperative public necessity that the

 4-8     constitutional rule requiring bills to be read on three several

 4-9     days in each house be suspended, and this rule is hereby suspended.