By Ritter H.B. No. 2802
76R5941 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the denial of the renewal of the driver's license of a
1-3 person who fails to appear to pay a fine involving an offense
1-4 within justice or municipal court jurisdiction.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 706.002(a), Transportation Code, is
1-7 amended to read as follows:
1-8 (a) A political subdivision may contract with the department
1-9 to provide information necessary for the department to deny renewal
1-10 of the driver's license of a person who fails to appear for a
1-11 complaint, citation, or court order to pay a fine involving:
1-12 (1) a violation of a traffic law;
1-13 (2) an offense under Section 543.009(b) or 543.107(b);
1-14 [or]
1-15 (3) an offense under Section 38.10, Penal Code, if the
1-16 underlying offense is a traffic offense; or
1-17 (4) any other offense that a justice or municipal
1-18 court has jurisdiction of under Article 4.11 or 4.14, Code of
1-19 Criminal Procedure.
1-20 SECTION 2. Sections 706.004 and 706.005, Transportation
1-21 Code, are amended to read as follows:
1-22 Sec. 706.004. DENIAL OF RENEWAL OF DRIVER'S LICENSE. (a)
1-23 If a political subdivision has contracted with the department, on
1-24 receiving the necessary information from the political subdivision
2-1 the department may deny renewal of the person's driver's license
2-2 for failure to appear based on a complaint, citation, or court
2-3 order to pay a fine involving a violation of a traffic law or an
2-4 offense described by Section 706.002(a)(2), [or] (3), or (4).
2-5 (b) The information must include:
2-6 (1) the name, date of birth, and driver's license
2-7 number of the person;
2-8 (2) the nature and date of the alleged violation;
2-9 (3) a statement that the person failed to appear as
2-10 required by law for a traffic violation or an offense described by
2-11 Section 706.002(a)(2), [or] (3), or (4); and
2-12 (4) any other information required by the department.
2-13 Sec. 706.005. NOTICE TO DEPARTMENT. A political subdivision
2-14 shall notify the department that there is no cause to continue to
2-15 deny renewal of a person's driver's license based on the person's
2-16 previous failure to appear for a traffic violation or an offense
2-17 described by Section 706.002(a)(2), [or] (3), or (4), on payment of
2-18 a fee as provided by Section 706.006 and:
2-19 (1) the entry of a judgment against the person;
2-20 (2) the perfection of an appeal of the case for which
2-21 the warrant of arrest was issued;
2-22 (3) the dismissal of the charge for which the warrant
2-23 of arrest was issued;
2-24 (4) the acquittal of the charge on which the person
2-25 failed to appear;
2-26 (5) the posting of bond or the giving of other
2-27 security to reinstate the charge for which the warrant was issued;
3-1 or
3-2 (6) the payment of the fine owed on an outstanding
3-3 court order to pay a fine.
3-4 SECTION 3. Section 706.006(a), Transportation Code, is
3-5 amended to read as follows:
3-6 (a) Unless a person has been acquitted of the offense for
3-7 which the person failed to appear for a complaint, citation, or
3-8 court order to pay a fine involving a violation of a traffic law or
3-9 an offense described by Section 706.002(a)(2), [or] (3), or (4),
3-10 the political subdivision shall require the person to pay an
3-11 administrative fee of $30 for each violation for which the person
3-12 failed to appear.
3-13 SECTION 4. (a) In accordance with Section 311.031(c),
3-14 Government Code, which gives effect to a substantive amendment
3-15 enacted by the same legislature that codifies the amended statute,
3-16 the text of Sections 706.002(a), 706.004, 706.005, and 706.006(a),
3-17 Transportation Code, as set out in this Act, give effect to changes
3-18 made by Chapter 457, Acts of the 75th Legislature, Regular Session,
3-19 1997.
3-20 (b) To the extent of any conflict, this Act controls over
3-21 another Act of the 76th Legislature, Regular Session, 1999,
3-22 relating to nonsubstantive additions to and corrections in enacted
3-23 codes.
3-24 SECTION 5. This Act takes effect September 1, 1999.
3-25 SECTION 6. The importance of this legislation and the
3-26 crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended.