By Brown S.B. No. 1371
77R5730 DWS-D
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. Section 706.002(a), Transportation Code, is
1-6 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, citation, or court order to] pay as provided by law a
1-11 fine involving:
1-12 (1) a violation of a traffic law;
1-13 (2) an offense under Section 543.009(b) or Article
1-14 45.0511(j), Code of Criminal Procedure [543.107(b)];
1-15 (3) an offense under Section 38.10, Penal Code, if the
1-16 underlying offense is a traffic offense; or
1-17 (4) any other offense that a justice or municipal
1-18 court has jurisdiction of under Article 4.11 or 4.14, Code of
1-19 Criminal Procedure.
1-20 SECTION 2. Section 706.003(b), Transportation Code, is
1-21 amended to read as follows:
1-22 (b) The warning under Subsection (a):
1-23 (1) is in addition to any other warning required by
1-24 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,] the person may be denied renewal of the person's driver's
2-4 license if the person does not pay the fine for the offense as
2-5 provided by law, unless the charge is dismissed or the person is
2-6 acquitted of the charge; 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. (a) If
2-12 a political subdivision has contracted with the department, on
2-13 receiving the necessary information from the political subdivision
2-14 the department may deny renewal of the person's driver's license
2-15 for failure to [appear based on a complaint, citation, or court
2-16 order to] pay a fine involving a violation of a traffic law or an
2-17 offense described by Section 706.002(a)(2), (3), or (4).
2-18 (b) The information must include:
2-19 (1) the name, date of birth, and driver's license
2-20 number of the person;
2-21 (2) the nature and date of the alleged violation;
2-22 (3) a statement that the person failed to pay a fine
2-23 [appear] as required by law for a traffic violation or an offense
2-24 described by Section 706.002(a)(2), (3), or (4); and
2-25 (4) any other information required by the department.
2-26 SECTION 4. Section 706.005, Transportation Code, is amended
2-27 to read as follows:
3-1 Sec. 706.005. NOTICE TO DEPARTMENT. A political subdivision
3-2 shall notify the department that there is no cause to continue to
3-3 deny renewal of a person's driver's license based on the person's
3-4 previous failure to pay a fine [appear] for a traffic violation or
3-5 an offense described by Section 706.002(a)(2), (3), or (4), on
3-6 payment of a fee as provided by Section 706.006 and:
3-7 (1) the payment in full of the fine [entry of a
3-8 judgment against the person];
3-9 (2) [the perfection of an appeal of the case for which
3-10 the warrant of arrest was issued;]
3-11 [(3)] the dismissal of the charge for which the fine
3-12 was imposed [warrant of arrest was issued]; or
3-13 (3) [(4)] the acquittal of the charge on which the
3-14 person failed to pay the fine [appear;]
3-15 [(5) the posting of bond or the giving of other
3-16 security to reinstate the charge for which the warrant was issued;
3-17 or]
3-18 [(6) the payment of the fine owed on an outstanding
3-19 court order to pay a fine].
3-20 SECTION 5. Section 706.006(a), Transportation Code, is
3-21 amended to read as follows:
3-22 (a) Unless a person has been acquitted of the offense for
3-23 which the person failed to [appear for a complaint, citation, or
3-24 court order to] pay a fine involving a violation of a traffic law
3-25 or an offense described by Section 706.002(a)(2), (3), or (4), the
3-26 political subdivision shall require the person to pay an
3-27 administrative fee of $30 for each violation for which the person
4-1 failed to pay a fine [appear].
4-2 SECTION 6. (a) The change in law made by this Act applies
4-3 only to an offense committed on or after the effective date of this
4-4 Act. For the purposes of this section, an offense is committed
4-5 before the effective date of this Act if any element of the offense
4-6 occurs before that date.
4-7 (b) An offense committed before the effective date of this
4-8 Act is governed by the law in effect when the offense was
4-9 committed, and the former law is continued in effect for that
4-10 purpose.
4-11 SECTION 7. This Act takes effect September 1, 2001.