SRC-JBJ S.B. 1371 77(R)BILL ANALYSIS


Senate Research CenterS.B. 1371
By: Brown, J. E. "Buster"
Criminal Justice
6/25/2001
Enrolled


DIGEST AND PURPOSE 

In 1997, the legislature created the Failure to Appear program in which
municipal courts are allowed to report persons who fail to appear in court
to the Texas Department of Public Safety (department).  The department, in
turn, is allowed to turn those reports over to a third party vendor or
contractor.  A person so reported is denied renewal of the person's
driver's license until the political subdivision notifies the department
that there is no cause to continue to deny the renewal.  S.B. 1371 amends
provisions of the Transportation Code that pertain to the denial of the
renewal of the person's driver's license under certain conditions. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS      

SECTION 1.  Amends Section 706.002(a), Transportation Code, to authorize a
political subdivision to contract with the Department of Public Safety
(department) to deny renewal of the driver's license of a person who fails
to appear for a complaint or citation, rather than court order, or fails to
pay or satisfy a judgment ordering payment of a fine and cost in the manner
ordered by the court in a matter involving any offense that a justice or
municipal court has jurisdiction of under Article 4.11 or 4.14, Code of
Criminal Procedure.  Deletes existing text regarding certain offenses. 

SECTION 2.  Amends Section 706.003(b), Transportation Code, to require the
warning under Subsection (a) to state in substance that if the person fails
to appear in court as provided by law for the prosecution of the offense or
if the person fails to pay or satisfy a judgment ordering the payment of a
fine and cost in the manner ordered by the court, the person may by denied
renewal of the person's driver's license. 

SECTION 3.  Amends Section 706.004, Transportation Code, to authorize the
department, if a political subdivision has contracted with the department,
on receiving the necessary information from the political subdivision, to
deny renewal of the person's driver's license for failure to appear based
on a complaint or citation or for failure to pay or satisfy a judgment
ordering the payment of a fine and cost in the manner ordered by the court
in a matter involving an offense described by Section 706.002(a). Deletes
existing text regarding the failure to appear based on a court order to pay
a fine involving a violation of a traffic law.  Deletes existing text
citing Subdivisions (2), (3), and (4).  Makes conforming changes. 

SECTION 4.  Amends Section 706.005, Transportation Code, as follows:

Sec. 706.005.  New heading: CLEARANCE NOTICE TO DEPARTMENT.  Requires a
political subdivision to notify the department that there is no cause to
continue to deny renewal of a person's driver's license based on the
person's previous failure to appear or failure to pay or satisfy a judgment
ordering the payment of a fine and cost in the manner ordered by the court
in a matter involving an offense described by Section 706.002(a) on payment
of a fee as provided by Section 706.006 and other certain conditions.
Makes conforming changes. Prohibits the department from continuing to deny
the renewal of the person's driver's license under this chapter after the
department receives certain notice. 

SECTION 5.  Amends Section 706.006, Transportation Code, as follows:

Sec. 706.006.  New heading: PAYMENT OF ADMINISTRATIVE FEE.  Requires a
person who fails to appear for a complaint or citation for an offense
described by Section 706.002(a) to be required to pay administrative fee of
$30 for each violation for which the person failed to appear, except under
certain conditions.  Requires the person to pay the fee at certain times.
Deletes existing text regarding payment of administrative fees.  Requires a
person who fails to pay or satisfy a judgment ordering the payment of a
fine and cost in the manner the court orders to be required to pay an
administrative fee of $30.  Authorizes the department to deny renewal of
the driver's license of a person who does not pay a fee due under this
section until the fee is paid.  Makes  conforming changes. 

SECTION 6.  Makes application of this Act prospective.

SECTION 7.  Effective date: September 1, 2001.