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.