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


Senate Research CenterS.B. 1371
77R5730 DWS-DBy: Brown, J. E. "Buster"
Criminal Justice
3-26-2001
As Filed


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.  As proposed, S.B.
1371 amends provisions of the Transportation Code to require an individual
to pay traffic violation citations in full, rather than to appear, to avoid
being reported by political subdivisions to the department, and thus avoid
the denial of the renewal of the person's driver's license. 

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 delete
existing text pertaining to appearance for a complaint, citation, or court
order.  Authorizes a political subdivision to contract with the Department
of Public Safety (department) to provide information necessary for the
department to deny renewal of the driver's license of a person who fails to
pay as provided by law a fine involving certain offenses. 

SECTION 2.  Amends Section 706.003(b), Transportation Code, to require that
the warning under Subsection (a) must state in substance that the person
may be denied renewal of the person's driver's license if the person does
not pay the fine for the offense as provided by law, unless the charge is
dismissed or the person is acquitted of the charge.  Deletes existing text
pertaining to a person's failure to appear in court. 

SECTION 3.  Amends Section 706.004, Transportation Code, to make conforming
changes. 

SECTION 4.  Amends Section 706.005, Transportation Code, to require 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 pay a fine, rather than appear, for a traffic
violation or an offense described by certain sections on payment of a fee
as provided by Section 706.006 and under certain specific conditions. 

SECTION 5.  Amends Section 706.006(a), Transportation Code, to make
conforming changes. 

SECTION 6.  Makes application of this Act prospective.

SECTION 7.  Effective date: September 1, 2001.