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.

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