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.