1-1 By: Brown S.B. No. 1371
1-2 (In the Senate - Filed March 8, 2001; March 13, 2001, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 3, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 3, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1371 By: Armbrister
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to denial of renewal of a driver's license for failure to
1-11 pay certain fines.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (a), Section 706.002, Transportation
1-14 Code, is amended to read as follows:
1-15 (a) A political subdivision may contract with the department
1-16 to provide information necessary for the department to deny renewal
1-17 of the driver's license of a person who fails to appear for a
1-18 complaint or[,] citation[,] or fails [court order] to pay or
1-19 satisfy a judgment ordering payment of a fine and cost in the
1-20 manner ordered by the court in a matter [a fine] involving[:]
1-21 [(1) a violation of a traffic law;]
1-22 [(2) an offense under Section 543.009(b) or
1-23 543.107(b);]
1-24 [(3) an offense under Section 38.10, Penal Code, if
1-25 the underlying offense is a traffic offense; or]
1-26 [(4)] any [other] offense that a justice or municipal
1-27 court has jurisdiction of under Article 4.11 or 4.14, Code of
1-28 Criminal Procedure.
1-29 SECTION 2. Subsection (b), Section 706.003, Transportation
1-30 Code, is amended to read as follows:
1-31 (b) The warning under Subsection (a):
1-32 (1) is in addition to any other warning required by
1-33 law;
1-34 (2) must state in substance that if the person fails
1-35 to appear in court as provided by law for the prosecution of the
1-36 offense or if the person fails to pay or satisfy a judgment
1-37 ordering the payment of a fine and cost in the manner ordered by
1-38 the court, the person may be denied renewal of the person's
1-39 driver's license; and
1-40 (3) may be printed on the same instrument as the
1-41 citation.
1-42 SECTION 3. Section 706.004, Transportation Code, is amended
1-43 to read as follows:
1-44 Sec. 706.004. DENIAL OF RENEWAL OF DRIVER'S LICENSE.
1-45 (a) If a political subdivision has contracted with the department,
1-46 on receiving the necessary information from the political
1-47 subdivision the department may deny renewal of the person's
1-48 driver's license for failure to appear based on a complaint or[,]
1-49 citation or failure to pay or satisfy a judgment ordering the
1-50 payment of a fine and cost in the manner ordered by the court in a
1-51 matter[, or court order to pay a fine] involving [a violation of a
1-52 traffic law or] an offense described by Section 706.002(a)[(2),
1-53 (3), or (4)].
1-54 (b) The information must include:
1-55 (1) the name, date of birth, and driver's license
1-56 number of the person;
1-57 (2) the nature and date of the alleged violation;
1-58 (3) a statement that the person failed to appear as
1-59 required by law or failed to satisfy a judgment ordering the
1-60 payment of a fine and cost in the manner ordered by the court in a
1-61 matter involving [for a traffic violation or] an offense described
1-62 by Section 706.002(a)[(2), (3), or (4)]; and
1-63 (4) any other information required by the department.
1-64 SECTION 4. Section 706.005, Transportation Code, is amended
2-1 to read as follows:
2-2 Sec. 706.005. NOTICE TO DEPARTMENT. A political subdivision
2-3 shall notify the department that there is no cause to continue to
2-4 deny renewal of a person's driver's license based on the person's
2-5 previous failure to appear or failure to pay or satisfy a judgment
2-6 ordering the payment of a fine and cost in the manner ordered by
2-7 the court in a matter involving [for a traffic violation or] an
2-8 offense described by Section 706.002(a)[(2), (3), or (4)], on
2-9 payment of a fee as provided by Section 706.006 and:
2-10 (1) [the entry of a judgment against the person;]
2-11 [(2)] the perfection of an appeal of the case for
2-12 which the warrant of arrest was issued or judgment arose;
2-13 (2) [(3)] the dismissal of the charge for which the
2-14 warrant of arrest was issued or judgment arose;
2-15 (3) [(4)] the acquittal of the charge on which the
2-16 person failed to appear;
2-17 (4) [(5)] the posting of bond or the giving of other
2-18 security to reinstate the charge for which the warrant was issued;
2-19 [or]
2-20 (5) [(6)] the payment or discharge of the fine and
2-21 cost owed on an outstanding judgment of the court; or
2-22 (6) other suitable arrangement to pay the fine and
2-23 cost within the court's discretion [court order to pay a fine].
2-24 SECTION 5. Subsection (a), Section 706.006, Transportation
2-25 Code, is amended to read as follows:
2-26 (a) Unless a person has been acquitted of the offense for
2-27 which the person failed to appear for a complaint or[,] citation[,
2-28 or court order to pay a fine] involving a violation of [a traffic
2-29 law or] an offense described by Section 706.002(a)[(2), (3), or
2-30 (4)], the political subdivision shall require the person to pay an
2-31 administrative fee of $30 for each violation reported to the
2-32 department under this section [for which the person failed to
2-33 appear].
2-34 SECTION 6. (a) The change in law made by this Act applies
2-35 only to an offense committed on or after the effective date of this
2-36 Act. For the purposes of this section, an offense is committed
2-37 before the effective date of this Act if any element of the offense
2-38 occurs before that date.
2-39 (b) An offense committed before the effective date of this
2-40 Act is governed by the law in effect when the offense was
2-41 committed, and the former law is continued in effect for that
2-42 purpose.
2-43 SECTION 7. This Act takes effect September 1, 2001.
2-44 * * * * *