By Hamric H.B. No. 3512
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the denial of renewal of a driver's license for failure
1-3 to appear.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 706.005, Transportation Code, is amended
1-6 to read follows:
1-7 Sec. 706.005. CLEARANCE NOTICE TO DEPARTMENT. (a) A
1-8 political subdivision shall notify the department that there is no
1-9 cause to continue to deny renewal of a persons driver's license
1-10 when:
1-11 (1) the person is acquitted of the charges on which
1-12 the person failed to appear; or
1-13 (2) the $30.00 administrative fee is paid for as
1-14 provided for in Section 706.006(a).
1-15 (b) The department shall not continue to deny the renewal of
1-16 a person's driver's license when:
1-17 (1) the department receives notice under section
1-18 706.005(a);
1-19 (2) the political subdivision notifies the department
1-20 that a failure to appear report was sent to the department in
1-21 error; or
1-22 (3) the political subdivision notifies the department
1-23 that a failure to appear report has been purged in accordance with
2-1 the political subdivision's records retention policy.
2-2 [A political subdivision shall notify the department that
2-3 there is no cause to continue to deny renewal of a person's
2-4 driver's license based on person's previous failure to appear for a
2-5 traffic violation or an offense described by Section 706.002(a)(2),
2-6 (3), or (4), on payment of a fee as provided by Section 706.006
2-7 and:]
2-8 [(1) the entry of a judgment against the person;]
2-9 [(2) the perfection of an appeal of the case for which
2-10 the warrant of arrest was issued;]
2-11 [(3) the dismissal of the charge for which the warrant
2-12 of arrest was issued;]
2-13 [(4) the acquittal of the charge on which the person
2-14 failed to appear;]
2-15 [(5) the posting of a bond or giving of security to
2-16 reinstate the charge for which the warrant was issued; or]
2-17 [(6) the payment of the fine owed on an outstanding
2-18 court order to pay a fine.]
2-19 SECTION 2. Section 706.006, Transportation Code, is amended
2-20 to read as follows:
2-21 Sec. 706.006. PAYMENT OF ADMINISTRATIVE FEE. (a) A person
2-22 that failed to appear for a complaint, citation, or court order to
2-23 pay a fine for an offense described in Section 706.002(a), shall be
2-24 required to pay an administrative fee of $30.00 for each violation
2-25 for which a person failed to appear unless that person is acquitted
2-26 of the charges for which they failed to appear.
3-1 (b) Failure to pay the $30.00 administrative fee may result
3-2 in the denial of renewal that person's driver's license until the
3-3 fee is paid. This fee is in addition to any other fee required by
3-4 law.
3-5 [(a) Unless a person has been acquitted of the offense for
3-6 which the person failed to appear for a complaint, citation, or
3-7 court order to pay a fine involving a violation of a traffic law or
3-8 an offense described by Section 706.002(a)(2), (3), or (4), the
3-9 political subdivision shall require the person to pay an
3-10 administrative fee of $30.00 for each violation for which the
3-11 person failed to appear.]
3-12 [(b) The fee required by Subsection (a) is in addition to
3-13 any other fee required by law.]
3-14 SECTION 3. This Act takes effect September 1, 2001.