HBA-CMT C.S.S.B. 1371 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 1371 By: Brown, J. E. "Buster" Public Safety 5/4/2001 Committee Report (Substituted) BACKGROUND 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 Department of Public Safety (DPS). DPS is allowed to turn those reports over to a third party vendor or contractor. A person who is reported is denied renewal of the person's driver's license until the political subdivision notifies DPS that there is no cause to continue the denial of renewal. C.S.S.B. 1371 authorizes a political subdivision to contract with DPS to deny renewal of a driver's license of a person who fails to pay or satisfy a judgment involving any offense over which a justice or municipal court has jurisdiction. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.S.B. 1371 amends the Transportation Code to authorize a political subdivision to contract with the Department of Public Safety (DPS) to deny renewal of the driver's license of a person who fails to appear for a complaint or citation 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 over which a justice or municipal court has jurisdiction. The bill provides that the written warning that a peace officer is required to give to each person issued a citation for a violation of traffic law must state in substance that 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 be denied renewal of the person's driver's license. The bill provides that if a political subdivision has contracted with DPS, on receiving the necessary information from the political subdivision, DPS is authorized to deny renewal of a person's driver's license 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 any offense over which a justice or municipal court has jurisdiction. The bill requires a political subdivision to notify DPS that there is no cause to continue to deny renewal of a person's driver's license for failure to pay or satisfy a judgment ordering the payment of a fine and cost in a matter involving the perfection of an appeal of the case for which the warrant of arrest was issued or judgment arose, the dismissal of the charge for which the warrant of arrest was issued or judgment arose, the discharge of the fine and cost owed on an outstanding judgment of the court, or other suitable arrangement to pay the fine and cost within the court's discretion. The bill prohibits DPS from continuing the denial of renewal of a person's driver's license after DPS receives the notice from the political subdivision that there is no cause to continue the denial of renewal. The bill requires a person who fails to appear for a complaint or citation for an offense that a justice or municipal court has jurisdiction of to pay an administrative fee of $30 for each violation for which the person failed to appear, unless the person is acquitted of the charges for which the person failed to appear. The bill sets forth provisions for when a person is required to pay the fee. The bill requires a person to pay an administrative fee of $30 if the person fails to pay or satisfy a judgment ordering the payment of a fine and cost in the manner the court orders. The bill authorizes DPS to deny renewal of a driver's license to a person who does not pay the fee until the fee is paid. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 1371 modifies the original bill by prohibiting the Department of Public Safety (DPS) from continuing to deny renewal of a person's driver's license after DPS receives notice from the political subdivision that there is no cause to continue the denial of renewal. The substitute adds provisions for when a person is required to pay the $30 administrative fee if the person fails to appear for a complaint or violation. The substitute 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 pay an administrative fee of $30. The substitute authorizes DPS to deny renewal of the driver's license of a person who does not pay an administrative fee until the fee is paid.