1-1 AN ACT
1-2 relating to denial of renewal of a driver's license for failure to
1-3 appear for certain offenses or to 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)
2-20 [706.002(a)(2), (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) [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. CLEARANCE NOTICE TO DEPARTMENT. (a) A
3-8 political subdivision shall notify the department that there is no
3-9 cause to continue to deny renewal of a person's driver's license
3-10 based on the person's previous failure to appear or failure to pay
3-11 or satisfy a judgment ordering the payment of a fine and cost in
3-12 the manner ordered by the court in a matter involving [for a
3-13 traffic violation or] an offense described by Section 706.002(a)
3-14 [706.002(a)(2), (3), or (4)], on payment of a fee as provided by
3-15 Section 706.006 and:
3-16 (1) [the entry of a judgment against the person;]
3-17 [(2)] the perfection of an appeal of the case for
3-18 which the warrant of arrest was issued or judgment arose;
3-19 (2) [(3)] the dismissal of the charge for which the
3-20 warrant of arrest was issued or judgment arose;
3-21 (3) [(4) the acquittal of the charge on which the
3-22 person failed to appear;]
3-23 [(5)] the posting of bond or the giving of other
3-24 security to reinstate the charge for which the warrant was issued;
3-25 [or]
3-26 (4) [(6)] the payment or discharge of the fine and
4-1 cost owed on an outstanding judgment of the court; or
4-2 (5) other suitable arrangement to pay the fine and
4-3 cost within the court's discretion [court order to pay a fine].
4-4 (b) The department may not continue to deny the renewal of
4-5 the person's driver's license under this chapter after the
4-6 department receives notice:
4-7 (1) under Subsection (a);
4-8 (2) that the person was acquitted of the charge on
4-9 which the person failed to appear; or
4-10 (3) from the political subdivision that the failure to
4-11 appear report or court order to pay a fine or cost relating to the
4-12 person:
4-13 (A) was sent to the department in error; or
4-14 (B) has been destroyed in accordance with the
4-15 political subdivision's records retention policy.
4-16 SECTION 5. Section 706.006, Transportation Code, is amended
4-17 to read as follows:
4-18 Sec. 706.006. PAYMENT OF ADMINISTRATIVE FEE. (a) A person
4-19 who fails to appear for a complaint or citation for an offense
4-20 described by Section 706.002(a) shall be required to pay an
4-21 administrative fee of $30 for each violation for which the person
4-22 failed to appear, unless the person is acquitted of the charges for
4-23 which the person failed to appear. The person shall pay the fee
4-24 when:
4-25 (1) the court enters judgment on the underlying
4-26 offense reported to the department;
5-1 (2) the underlying offense is dismissed; or
5-2 (3) bond or other security is posted to reinstate the
5-3 charge for which the warrant was issued [Unless a person has been
5-4 acquitted of the offense for which the person failed to appear for
5-5 a complaint, citation, or court order to pay a fine involving a
5-6 violation of a traffic law or an offense described by Section
5-7 706.002(a)(2), (3), or (4), the political subdivision shall require
5-8 the person to pay an administrative fee of $30 for each violation
5-9 for which the person failed to appear].
5-10 (b) A person who fails to pay or satisfy a judgment ordering
5-11 the payment of a fine and cost in the manner the court orders shall
5-12 be required to pay an administrative fee of $30.
5-13 (c) The department may deny renewal of the driver's license
5-14 of a person who does not pay a fee due under this section until the
5-15 fee is paid. The fee required by this section [Subsection (a)] is
5-16 in addition to any other fee required by law.
5-17 SECTION 6. (a) The change in law made by this Act applies
5-18 only to an offense committed on or after the effective date of this
5-19 Act. For the purposes of this section, an offense is committed
5-20 before the effective date of this Act if any element of the offense
5-21 occurs before that date.
5-22 (b) An offense committed before the effective date of this
5-23 Act is governed by the law in effect when the offense was
5-24 committed, and the former law is continued in effect for that
5-25 purpose.
5-26 SECTION 7. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1371 passed the Senate on
April 11, 2001, by the following vote: Yeas 29, Nays 0, one
present, not voting; and that the Senate concurred in House
amendment on May 24, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1371 passed the House, with
amendment, on May 17, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor