79R10646 DWS-F
By: Driver H.B. No. 1081
Substitute the following for H.B. No. 1081:
By: Frost C.S.H.B. No. 1081
A BILL TO BE ENTITLED
AN ACT
relating to suspension or denial of a driver's license for failure
to appear, pay a fine, or satisfy a judgment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 15.03, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsections (c) and
(d) to read as follows:
(b) A summons may be issued in any case where a warrant may
be issued, and shall be in the same form as the warrant except that
it shall summon the defendant to appear before a magistrate at a
stated time and place. The summons shall be served upon a defendant
by delivering a copy to him personally, or by leaving it at his
dwelling house or usual place of abode with some person of suitable
age and discretion then residing therein or by mailing it to the
defendant's last known address. If a defendant fails to appear in
response to the summons, the magistrate may:
(1) issue a warrant; or
(2) issue an order suspending the defendant's driver's
license or permit or denying issuance of a driver's license or
permit to the defendant [shall be issued].
(c) The summons must contain the following warning:
FAILURE TO APPEAR ACCORDING TO THE
TERMS OF THIS SUMMONS MAY RESULT IN THE
ISSUANCE OF A WARRANT FOR YOUR ARREST OR
SUSPENSION OR DENIAL OF ISSUANCE OF YOUR
DRIVER'S LICENSE OR PERMIT.
(d) A magistrate who issues an order under Subsection (b)(2)
shall promptly notify the Department of Public Safety when the
defendant appears before the magistrate.
SECTION 2. Subchapter B, Chapter 45, Code of Criminal
Procedure, is amended by adding Article 45.0451 to read as follows:
Art. 45.0451. FAILURE TO APPEAR OR PAY FINE; JUSTICE OR
MUNICIPAL COURT. (a) A justice or municipal court, in addition to
or instead of any other action permitted by law, may order the
Department of Public Safety to suspend a person's driver's license
or permit or deny issuance of a driver's license or permit to a
person if the person fails to:
(1) appear according to terms of release;
(2) honor a summons issued by the court; or
(3) satisfy a judgment of the court.
(b) Before issuing an order under Subsection (a), the court
shall issue a summons commanding the appearance of the person by
first class mail to the person's last known address filed with the
court. The summons must contain the following warning:
FAILURE TO APPEAR ACCORDING TO THE TERMS OF THIS
SUMMONS OR FAILURE TO PAY YOUR FINES MAY RESULT IN THE
SUSPENSION OR DENIAL OF ISSUANCE OF YOUR DRIVER'S
LICENSE OR PERMIT.
(c) On receipt of an order under Subsection (a), the
Department of Public Safety shall promptly send written notice of
the order by first class mail to the person's last known address in
the department's records. The notice is considered received not
later than the fifth day after the date it is mailed.
(d) A court that has issued an order under Subsection (a)
shall promptly notify the Department of Public Safety on final
disposition of the case or on receiving evidence that the judgment
has been satisfied to the satisfaction of the court.
SECTION 3. Section 521.3451, Transportation Code, is
amended to read as follows:
Sec. 521.3451. SUSPENSION OR DENIAL ON ORDER OF JUSTICE OR
MUNICIPAL COURT [FOR CONTEMPT OF COURT]; REINSTATEMENT. (a) The
department shall suspend or deny the issuance of a license or
instruction permit on receipt of an order to suspend or deny the
issuance of the license or permit from a justice or municipal court
under Article 15.03, 45.050, or 45.0451, Code of Criminal
Procedure.
(b) The department shall reinstate a license or permit
suspended or reconsider a license or permit denied under Subsection
(a) on receiving notice from the justice or municipal court that
ordered the suspension or denial that the person whose license or
permit was suspended or denied [contemnor] has fully complied with
the court's order, the terms of the appearance, or the terms of the
judgment, as applicable.
SECTION 4. Section 543.005, Transportation Code, is amended
to read as follows:
Sec. 543.005. PROMISE TO APPEAR; RELEASE. (a) To secure
release, the person arrested must make a written promise to appear
in court by signing the written notice prepared by the arresting
officer. The signature may be obtained on a duplicate form or on an
electronic device capable of creating a copy of the signed notice.
The arresting officer shall retain the paper or electronic original
of the notice and deliver the copy of the notice to the person
arrested. The officer shall then promptly release the person from
custody.
(b) In addition to other information required by statute,
the copy or the written notice to appear delivered to the person
arrested must contain the following warning:
FAILURE TO APPEAR BEFORE THE COURT DESIGNATED BY
THIS WRITTEN PROMISE TO APPEAR MAY RESULT IN THE
ISSUANCE OF A WARRANT FOR YOUR ARREST OR SUSPENSION OF
YOUR DRIVER'S LICENSE.
SECTION 5. The heading of Chapter 706, Transportation Code,
is amended to read as follows:
CHAPTER 706. SUSPENSION [DENIAL OF RENEWAL] OF LICENSE
FOR FAILURE TO APPEAR OR TO SATISFY JUDGMENT
SECTION 6. Chapter 706, Transportation Code, is amended by
adding Section 706.0011 to read as follows:
Sec. 706.0011. FEDERAL GOVERNMENT AS POLITICAL
SUBDIVISION. For the purposes of this chapter the federal
government is considered to be a political subdivision.
SECTION 7. Section 706.002, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) A political subdivision may contract with the
department to provide information necessary for the department to
suspend [deny renewal of] the driver's license of a person who fails
to appear for a complaint or citation or fails to pay or satisfy a
judgment ordering payment of a fine and cost in the manner ordered
by the court in a matter involving any offense that a court has
jurisdiction of under Chapter 4, Code of Criminal Procedure. The
contract may also apply to a failure to appear, honor a summons, or
satisfy a judgment as provided by Article 15.03(b) or 45.0451, Code
of Criminal Procedure, to the extent and in the manner determined by
the department.
(c) The department may agree to accept information from the
federal government necessary for the department to suspend the
driver's license of a person who fails to appear for a citation, or
fails to pay or satisfy a judgment ordering payment of a fine and
costs in the manner ordered by the court after issuance of a
citation, if the federal government agrees to establish and
maintain customer support services as directed by the department,
including a toll-free telephone service line to answer and resolve
questions from persons whose driver's licenses are suspended under
this chapter, and to comply with terms, policies, and rules adopted
by the department to administer this chapter.
SECTION 8. Section 706.003(b), Transportation Code, is
amended to read as follows:
(b) The warning under Subsection (a):
(1) is in addition to any other warning required by
law;
(2) must state in substance that if the person fails to
appear in court as provided by law for the prosecution of the
offense or if the person fails to pay or satisfy a judgment ordering
the payment of a fine and cost in the manner ordered by the court,
[the person may be denied renewal of] the person's driver's license
may be suspended; and
(3) may be printed on the same instrument as the
citation.
SECTION 9. The heading of Section 706.004, Transportation
Code, is amended to read as follows:
Sec. 706.004. SUSPENSION [DENIAL OF RENEWAL] OF DRIVER'S
LICENSE.
SECTION 10. Section 706.004(a), Transportation Code, is
amended to read as follows:
(a) If a political subdivision has contracted with the
department or the department has agreed to accept information from
the federal government, on receiving the necessary information from
the political subdivision the department may suspend [deny renewal
of] the person's driver's license for failure to appear based on a
complaint or citation or failure to pay or satisfy a judgment
ordering the payment of a fine and cost in the manner ordered by the
court in a matter involving an offense described by Section
706.002(a).
SECTION 11. Section 706.005, Transportation Code, is
amended to read as follows:
Sec. 706.005. CLEARANCE NOTICE TO DEPARTMENT. (a) A
political subdivision shall notify the department that there is no
cause to continue the suspension [to deny renewal] of a person's
driver's license based on the person's previous failure to appear or
failure to pay or satisfy a judgment ordering the payment of a fine
and cost in the manner ordered by the court in a matter involving an
offense described by Section 706.002(a), on payment of a fee as
provided by Section 706.006 and:
(1) the perfection of an appeal of the case for which
the warrant of arrest was issued or judgment arose;
(2) the dismissal of the charge for which the warrant
of arrest was issued or judgment arose;
(3) the posting of bond or the giving of other security
to reinstate the charge for which the warrant was issued;
(4) the payment or discharge of the fine and cost owed
on an outstanding judgment of the court; or
(5) other suitable arrangement to pay the fine and
cost within the court's discretion.
(b) The department may not continue the suspension [to deny
the renewal] of the person's driver's license under this chapter
after the department receives notice:
(1) under Subsection (a);
(2) that the person was acquitted of the charge on
which the person failed to appear; or
(3) from the political subdivision that the failure to
appear report or court order to pay a fine or cost relating to the
person:
(A) was sent to the department in error; or
(B) has been destroyed in accordance with the
political subdivision's records retention policy.
SECTION 12. Section 706.006(c), Transportation Code, is
amended to read as follows:
(c) The court or the department may suspend [deny renewal
of] the driver's license of a person who does not pay a fee due under
this section until the fee is paid. The fee required by this
section is in addition to any other fee required by law.
SECTION 13. Section 706.009(a), Transportation Code, is
amended to read as follows:
(a) A vendor must establish and maintain customer support
services as directed by the department, including a toll-free
telephone service line to answer and resolve questions from persons
who have [are denied renewal of] a driver's license suspended under
this chapter.
SECTION 14. Section 706.011, Transportation Code, is
amended to read as follows:
Sec. 706.011. LIABILITY OF STATE OR POLITICAL SUBDIVISION.
(a) An action for damages may not be brought against the state or a
political subdivision based on an act or omission under this
chapter, including the suspension [denial of renewal] of a driver's
license.
(b) The state or a political subdivision may not be held
liable in damages based on an act or omission under this chapter,
including the suspension [denial of renewal] of a driver's license.
SECTION 15. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For the purposes of this section, an offense is committed
before the effective date of this Act if any element of the offense
occurs before that date.
(b) An offense committed before the effective date of this
Act is governed by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 16. This Act takes effect September 1, 2005.