By:  Brown                                            S.B. No. 1371
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to denial of renewal of a driver's license for failure to
 1-3     pay certain fines.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subsection (a), Section 706.002, Transportation
 1-6     Code, is amended to read as follows:
 1-7           (a)  A political subdivision may contract with the department
 1-8     to provide information necessary for the department to deny renewal
 1-9     of the driver's license of a person who fails to appear for a
1-10     complaint or[,] citation[,] or fails [court order] to pay or
1-11     satisfy a judgment ordering payment of a fine and cost in the
1-12     manner ordered by the court in a matter [a fine] involving[:]
1-13                 [(1)  a violation of a traffic law;]
1-14                 [(2)  an offense under Section 543.009(b) or
1-15     543.107(b);]
1-16                 [(3)  an offense under Section 38.10, Penal Code, if
1-17     the underlying offense is a traffic offense; or]
1-18                 [(4)]  any [other] offense that a justice or municipal
1-19     court has jurisdiction of under Article 4.11 or 4.14, Code of
1-20     Criminal Procedure.
1-21           SECTION 2.  Subsection (b), Section 706.003, Transportation
1-22     Code, is amended to read as follows:
1-23           (b)  The warning under Subsection (a):
1-24                 (1)  is in addition to any other warning required by
1-25     law;
 2-1                 (2)  must state in substance that if the person fails
 2-2     to appear in court as provided by law for the prosecution of the
 2-3     offense or if the person fails to pay or satisfy a judgment
 2-4     ordering the payment of a fine and cost in the manner ordered by
 2-5     the court, the person may be denied renewal of the person's
 2-6     driver's license; and
 2-7                 (3)  may be printed on the same instrument as the
 2-8     citation.
 2-9           SECTION 3.  Section 706.004, Transportation Code, is amended
2-10     to read as follows:
2-11           Sec. 706.004.  DENIAL OF RENEWAL OF DRIVER'S LICENSE.
2-12     (a)  If a political subdivision has contracted with the department,
2-13     on receiving the necessary information from the political
2-14     subdivision the department may deny renewal of the person's
2-15     driver's license for failure to appear based on a complaint or[,]
2-16     citation or failure to pay or satisfy a judgment ordering the
2-17     payment of a fine and cost in the manner ordered by the court in a
2-18     matter[, or court order to pay a fine] involving [a violation of a
2-19     traffic law or] an offense described by Section 706.002(a)[(2),
2-20     (3), or (4)].
2-21           (b)  The information must include:
2-22                 (1)  the name, date of birth, and driver's license
2-23     number of the person;
2-24                 (2)  the nature and date of the alleged violation;
2-25                 (3)  a statement that the person failed to appear as
2-26     required by law or failed to satisfy a judgment ordering the
 3-1     payment of a fine and cost in the manner ordered by the court in a
 3-2     matter involving [for a traffic violation or] an offense described
 3-3     by Section 706.002(a)[(2), (3), or (4)]; and
 3-4                 (4)  any other information required by the department.
 3-5           SECTION 4.  Section 706.005, Transportation Code, is amended
 3-6     to read as follows:
 3-7           Sec. 706.005.  NOTICE TO DEPARTMENT.  A political subdivision
 3-8     shall notify the department that there is no cause to continue to
 3-9     deny renewal of a person's driver's license based on the person's
3-10     previous failure to appear or failure to pay or satisfy a judgment
3-11     ordering the payment of a fine and cost in the manner ordered by
3-12     the court in a matter involving [for a traffic violation or] an
3-13     offense described by Section 706.002(a)[(2), (3), or (4)], on
3-14     payment of a fee as provided by Section 706.006 and:
3-15                 (1)  [the entry of a judgment against the person;]
3-16                 [(2)]  the perfection of an appeal of the case for
3-17     which the warrant of arrest was issued or judgment arose;
3-18                 (2) [(3)]  the dismissal of the charge for which the
3-19     warrant of arrest was issued or judgment arose;
3-20                 (3) [(4)]  the acquittal of the charge on which the
3-21     person failed to appear;
3-22                 (4) [(5)]  the posting of bond or the giving of other
3-23     security to reinstate the charge for which the warrant was issued;
3-24     [or]
3-25                 (5) [(6)]  the payment or discharge of the fine and
3-26     cost owed on an outstanding judgment of the court; or
 4-1                 (6)  other suitable arrangement to pay the fine and
 4-2     cost within the court's discretion [court order to pay a fine].
 4-3           SECTION 5.  Subsection (a), Section 706.006, Transportation
 4-4     Code, is amended to read as follows:
 4-5           (a)  Unless a person has been acquitted of the offense for
 4-6     which the person failed to appear for a complaint or[,] citation[,
 4-7     or court order to pay a fine] involving a violation of [a traffic
 4-8     law or] an offense described by Section 706.002(a)[(2), (3), or
 4-9     (4)], the political subdivision shall require the person to pay an
4-10     administrative fee of $30 for each violation reported to the
4-11     department under this section [for which the person failed to
4-12     appear].
4-13           SECTION 6.  (a)  The change in law made by this Act applies
4-14     only to an offense committed on or after the effective date of this
4-15     Act.  For the purposes of this section, an offense is committed
4-16     before the effective date of this Act if any element of the offense
4-17     occurs before that date.
4-18           (b)  An offense committed before the effective date of this
4-19     Act is governed by the law in effect when the offense was
4-20     committed, and the former law is continued in effect for that
4-21     purpose.
4-22           SECTION 7.  This Act takes effect September 1, 2001.