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.