1-1 By: Ritter (Senate Sponsor - Bernsen) H.B. No. 2802
1-2 (In the Senate - Received from the House April 26, 1999;
1-3 April 27, 1999, read first time and referred to Committee on State
1-4 Affairs; May 12, 1999, reported favorably by the following vote:
1-5 Yeas 9, Nays 0; May 12, 1999, 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 a
1-9 person who fails to appear to pay a fine involving an offense
1-10 within justice or municipal court jurisdiction.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 706.002(a), Transportation Code, is
1-13 amended to read as follows:
1-14 (a) A political subdivision may contract with the department
1-15 to provide information necessary for the department to deny renewal
1-16 of the driver's license of a person who fails to appear for a
1-17 complaint, citation, or court order to pay a fine involving:
1-18 (1) a violation of a traffic law;
1-19 (2) an offense under Section 543.009(b) or 543.107(b);
1-20 [or]
1-21 (3) an offense under Section 38.10, Penal Code, if the
1-22 underlying offense is a traffic offense; or
1-23 (4) any other offense that a justice or municipal
1-24 court has jurisdiction of under Article 4.11 or 4.14, Code of
1-25 Criminal Procedure.
1-26 SECTION 2. Sections 706.004 and 706.005, Transportation
1-27 Code, are amended to read as follows:
1-28 Sec. 706.004. DENIAL OF RENEWAL OF DRIVER'S LICENSE.
1-29 (a) If a political subdivision has contracted with the department,
1-30 on receiving the necessary information from the political
1-31 subdivision the department may deny renewal of the person's
1-32 driver's license for failure to appear based on a complaint,
1-33 citation, or court order to pay a fine involving a violation of a
1-34 traffic law or an offense described by Section 706.002(a)(2), [or]
1-35 (3), or (4).
1-36 (b) The information must include:
1-37 (1) the name, date of birth, and driver's license
1-38 number of the person;
1-39 (2) the nature and date of the alleged violation;
1-40 (3) a statement that the person failed to appear as
1-41 required by law for a traffic violation or an offense described by
1-42 Section 706.002(a)(2), [or] (3), or (4); and
1-43 (4) any other information required by the department.
1-44 Sec. 706.005. NOTICE TO DEPARTMENT. A political subdivision
1-45 shall notify the department that there is no cause to continue to
1-46 deny renewal of a person's driver's license based on the person's
1-47 previous failure to appear for a traffic violation or an offense
1-48 described by Section 706.002(a)(2), [or] (3), or (4), on payment of
1-49 a fee as provided by Section 706.006 and:
1-50 (1) the entry of a judgment against the person;
1-51 (2) the perfection of an appeal of the case for which
1-52 the warrant of arrest was issued;
1-53 (3) the dismissal of the charge for which the warrant
1-54 of arrest was issued;
1-55 (4) the acquittal of the charge on which the person
1-56 failed to appear;
1-57 (5) the posting of bond or the giving of other
1-58 security to reinstate the charge for which the warrant was issued;
1-59 or
1-60 (6) the payment of the fine owed on an outstanding
1-61 court order to pay a fine.
1-62 SECTION 3. Section 706.006(a), Transportation Code, is
1-63 amended to read as follows:
1-64 (a) Unless a person has been acquitted of the offense for
2-1 which the person failed to appear for a complaint, citation, or
2-2 court order to pay a fine involving a violation of a traffic law or
2-3 an offense described by Section 706.002(a)(2), [or] (3), or (4),
2-4 the political subdivision shall require the person to pay an
2-5 administrative fee of $30 for each violation for which the person
2-6 failed to appear.
2-7 SECTION 4. (a) In accordance with Section 311.031(c),
2-8 Government Code, which gives effect to a substantive amendment
2-9 enacted by the same legislature that codifies the amended statute,
2-10 the text of Sections 706.002(a), 706.004, 706.005, and 706.006(a),
2-11 Transportation Code, as set out in this Act, give effect to changes
2-12 made by Chapter 457, Acts of the 75th Legislature, Regular Session,
2-13 1997.
2-14 (b) To the extent of any conflict, this Act controls over
2-15 another Act of the 76th Legislature, Regular Session, 1999,
2-16 relating to nonsubstantive additions to and corrections in enacted
2-17 codes.
2-18 SECTION 5. This Act takes effect September 1, 1999.
2-19 SECTION 6. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended.
2-24 * * * * *