1-1 By: Brown S.B. No. 881
1-2 (In the Senate - Filed March 3, 1997; March 5, 1997, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 18, 1997, reported favorably by the following vote: Yeas 6,
1-5 Nays 1; April 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the denial of the renewal of the driver's license of
1-9 persons who violate their promise to appear on certain offenses or
1-10 who fail to pay the fine for certain offenses.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 1, Article 6687d, Revised Statutes, is
1-13 amended by amending Subdivision (5) and adding Subdivisions (6),
1-14 (7), (8), and (9) to read as follows:
1-15 (5) "Traffic law" means a statute or ordinance, a
1-16 violation of which is a misdemeanor punishable by a fine in an
1-17 amount [that may] not to exceed $1,000, that:
1-18 (A) regulates an operator's [a driver's] conduct
1-19 or condition while operating a motor vehicle in a public place or
1-20 on a highway or street;
1-21 (B) regulates[, or] the condition of a motor
1-22 vehicle while it is being operated[,] on a street[, road,] or
1-23 highway;
1-24 (C) relates to the driver's license status of an
1-25 operator while operating a motor vehicle on a street or highway; or
1-26 (D) relates to the registration status of a
1-27 motor vehicle while it is being operated on a street or highway [of
1-28 this state].
1-29 (6) "Highway or street" has the meaning assigned by
1-30 Section 541.302, Transportation Code.
1-31 (7) "Motor vehicle" has the meaning assigned by
1-32 Section 541.201, Transportation Code.
1-33 (8) "Operator" has the meaning assigned by Section
1-34 541.001, Transportation Code.
1-35 (9) "Public place" has the meaning assigned by Section
1-36 1.07, Penal Code.
1-37 SECTION 2. Subsection (a), Section 2, Article 6687d, Revised
1-38 Statutes, is amended to read as follows:
1-39 (a) A political subdivision may contract with the department
1-40 to provide information necessary for the department to deny renewal
1-41 of the driver's license of a person who has failed to appear for a
1-42 complaint, citation, or court order to pay a fine involving:
1-43 (1) a violation of a traffic law; or
1-44 (2) an offense under:
1-45 (A) Section 38.10, Penal Code, if the underlying
1-46 offense is a traffic offense; or
1-47 (B) Section 543.009(b) or 543.107(b),
1-48 Transportation Code.
1-49 SECTION 3. Subsections (a), (b), and (c), Section 4, Article
1-50 6687d, Revised Statutes, are amended to read as follows:
1-51 (a) If a political subdivision has contracted under this
1-52 article with the department, on receiving the necessary information
1-53 from the political subdivision, the department may deny renewal of
1-54 the person's driver's license for failure to appear based on a
1-55 complaint, citation, or court order to pay a fine involving a
1-56 violation of a traffic law or an offense described by Section
1-57 2(a)(2) of this article. The information must include the name,
1-58 date of birth, and driver's license number of the alleged violator,
1-59 the nature and date of the alleged violation, a statement that the
1-60 person failed to appear as required by law for a traffic violation
1-61 or an offense described by Section 2(a)(2) of this article, and any
1-62 other information required by the department.
1-63 (b) A political subdivision shall notify the department that
1-64 there is no cause to continue to deny renewal of a person's
2-1 driver's license based on the person's previous failure to appear
2-2 for a traffic violation or an offense described by Section 2(a)(2)
2-3 of this article, on payment of a fee as provided by this article
2-4 and:
2-5 (1) the entry of a judgment against the person;
2-6 (2) the perfection of an appeal of the case for which
2-7 the warrant of arrest was issued;
2-8 (3) the dismissal of the charges for which the warrant
2-9 of arrest was issued;
2-10 (4) acquittal of the charges on which the person
2-11 failed to appear;
2-12 (5) the posting of bond or the giving of other
2-13 security to reinstate the charges for which the warrant was issued;
2-14 or
2-15 (6) the payment of fines owed on an outstanding court
2-16 order to pay a fine.
2-17 (c) Unless a person has been acquitted of the underlying
2-18 [traffic] offense for which the person failed to appear for a
2-19 complaint, citation, or court order to pay a fine involving a
2-20 violation of a traffic law or an offense described by Section
2-21 2(a)(2) of this article, the political subdivision shall require
2-22 the person to pay an administrative fee of $30 for each violation
2-23 for which the defendant failed to appear, in addition to any other
2-24 fees required by law.
2-25 SECTION 4. This Act takes effect September 1, 1997.
2-26 SECTION 5. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
2-28 emergency and an imperative public necessity that the
2-29 constitutional rule requiring bills to be read on three several
2-30 days in each house be suspended, and this rule is hereby suspended.
2-31 * * * * *